Beta
Fla. Stat. ch. 1006
CHAPTER 1006
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1006.03 Diagnostic and learning resource centers.
(1) The department shall maintain regional diagnostic and learning resource centers for exceptional students, to assist in the provision of medical, physiological, psychological, and educational testing and other services designed to evaluate and diagnose exceptionalities, to make referrals for necessary instruction and services, and to facilitate the provision of instruction and services to exceptional students. The department shall cooperate with the Department of Children and Families in identifying service needs and areas.
(2) Within its identified service area, each regional center shall:
(a) Provide assistance to parents, teachers, and other school personnel and community organizations in locating and identifying exceptional children and planning educational programs for them.
(b) Assist in the provision of services for exceptional children, using to the maximum, but not supplanting, the existing facilities and services of each district.
(c) Provide orientation meetings at least annually for teachers, principals, supervisors, and community agencies to familiarize them with center facilities and services for exceptional children.
(d) Plan, coordinate, and assist in the implementation of inservice training programs, consistent with each district’s program of staff development, for the development and updating of attitudes, skills, and instructional practices and procedures necessary to the education of exceptional children.
(e) Assist districts in the identification, selection, acquisition, use, and evaluation of media and materials appropriate to the implementation of instructional programs based on individual educational plans for exceptional children.
(f) Provide for the dissemination and diffusion of significant information and promising practices derived from educational research, demonstration, and other projects.
(g) Assist in the delivery, modification, and integration of instructional technology, including microcomputer applications and adaptive and assistive devices, appropriate to the unique needs of exceptional students.
(3) Diagnostic and resource centers may provide testing and evaluation services to private school students and other children who are not enrolled in public schools.
(4) Diagnostic and learning resource centers may assist districts in providing testing and evaluation services for infants and preschool children with or at risk of developing disabilities, and may assist districts in providing interdisciplinary training and resources to parents of infants and preschool children with or at risk of developing disabilities and to school readiness programs.
History. — s. 267, ch. 2002-387; s. 374, ch. 2014-19.
1006.04 Educational multiagency services for students with severe emotional disturbance.
(1)(a) The multiagency network for students with emotional and behavioral disabilities works with education, mental health, child welfare, and juvenile justice professionals, along with other agencies and families, to provide children with mental illness or emotional and behavioral problems and their families with access to the services and supports they need to succeed. District school boards should provide educational programs, and state departments and agencies administering children’s mental health funds should provide mental health treatment and residential services when needed, as part of the multiagency network.
(b) The purpose of the multiagency network is to:
1. Enable students with severe emotional disturbance to learn appropriate behaviors, reduce dependency, and fully participate in all aspects of school and community living.
2. Develop individual programs for students with severe emotional disturbance, including necessary educational, residential, and mental health treatment services.
3. Provide programs and services as close as possible to the student’s home in the least restrictive manner consistent with the student’s needs.
4. Integrate a wide range of services necessary to support students with severe emotional disturbance and their families.
(c) The multiagency network shall:
1. Support and represent the needs of students in each school district in joint planning with fiscal agents of children’s mental health funds, including the expansion of school-based mental health services, transition services, and integrated education and treatment programs.
2. Improve coordination of services for children with or at risk of emotional or behavioral disabilities and their families by assisting multiagency collaborative initiatives to identify critical issues and barriers of mutual concern and develop local response systems that increase home and school connections and family engagement.
3. Increase parent and youth involvement and development with local systems of care.
4. Facilitate student and family access to effective services and programs for students with and at risk of emotional or behavioral disabilities that include necessary educational, residential, and mental health treatment services, enabling these students to learn appropriate behaviors, reduce dependency, and fully participate in all aspects of school and community living.
5. Participate in the planning process for promoting a coordinated system of care for children and adolescents pursuant to s. 394.4955.
(2) The department may award grants to district school boards for statewide planning and development of the multiagency network for students with severe emotional disturbance. The educational services shall be provided in a manner consistent with the requirements of ss. 402.22 and 1003.57.
(3) State departments and agencies may use appropriate funds for the multiagency network for students with severe emotional disturbance.
History. — s. 269, ch. 2002-387; s. 23, ch. 2018-3; s. 11, ch. 2020-107.
1006.041 Mental health assistance program.
Each school district must implement a school-based mental health assistance program that includes training classroom teachers and other school staff in detecting and responding to mental health issues and connecting children, youth, and families who may experience behavioral health issues with appropriate services.
(1) Each school district must develop, and submit to the district school board for approval, a detailed plan outlining the components and planned expenditures of the district’s mental health assistance program. The plan must include all district schools, including charter schools, unless a charter school elects to submit a plan independently from the school district. A charter school plan must comply with all of the provisions of this section and must be approved by the charter school’s governing body and provided to the charter school’s sponsor.
(2) A plan required under subsection (1) must be focused on a multitiered system of supports to deliver evidence-based mental health care assessment, diagnosis, intervention, treatment, and recovery services to students with one or more mental health or co-occurring substance abuse diagnoses and to students at high risk of such diagnoses. Assessment procedures must, at a minimum, include the use of the most recent version of the Daily Living Activities-20 (DLA-20) functional assessment tool, unless the department specifies in rule the use of a different assessment tool. The department shall consult with the Department of Children and Families before adopting rules regarding use of a different assessment tool. The provision of these services must be coordinated with a student’s primary mental health care provider and with other mental health providers involved in the student’s care. At a minimum, the plan must include all of the following components:
(a) Direct employment of school-based mental health services providers to expand and enhance school-based student services and to reduce the ratio of students to staff in order to better align with nationally recommended ratio models. The providers shall include, but are not limited to, certified school counselors, school psychologists, school social workers, and other licensed mental health professionals. The plan must also identify strategies to increase the amount of time that school-based student services personnel spend providing direct services to students, which may include the review and revision of district staffing resource allocations based on school or student mental health assistance needs.
(b) Contracts or interagency agreements with one or more local community behavioral health providers or providers of Community Action Team services to provide a behavioral health staff presence and services at district schools. Services may include, but are not limited to, mental health screenings and assessments, individual counseling, family counseling, group counseling, psychiatric or psychological services, trauma-informed care, mobile crisis services, and behavior modification. These behavioral health services may be provided on or off the school campus and may be supplemented by telehealth as defined in s. 456.47(1).
(c) Policies and procedures, including contracts with service providers, which will ensure that:
1. Students referred to a school-based or community-based mental health service provider for mental health screening for the identification of mental health concerns and students at risk for mental health disorders are assessed within 15 days after referral. School-based mental health services must be initiated within 15 days after identification and assessment, and support by community-based mental health service providers for students who are referred for community-based mental health services must be initiated within 30 days after the school or district makes a referral.
2. Parents of a student receiving services under this subsection are provided information about other behavioral health services available through the student’s school or local community-based behavioral health services providers. A school may meet this requirement by providing information about and Internet addresses for web-based directories or guides for local behavioral health services.
3. Individuals living in a household with a student receiving services under this subsection are provided information about behavioral health services available through other delivery systems or payors for which such individuals may qualify, if such services appear to be needed or enhancements in such individuals’ behavioral health would contribute to the improved well-being of the student.
(d) Strategies or programs to reduce the likelihood of at-risk students developing social, emotional, or behavioral health problems; depression; anxiety disorders; suicidal tendencies; or substance use disorders.
(e) Strategies to improve the early identification of social, emotional, or behavioral problems or substance use disorders; to improve the provision of early intervention services; and to assist students in dealing with trauma and violence.
(f) Procedures to assist a mental health services provider or a behavioral health provider as described in paragraph (a) or paragraph (b), respectively, or a school resource officer or school safety officer who has completed mental health crisis intervention training in attempting to verbally de-escalate a student’s crisis situation before initiating an involuntary examination pursuant to s. 394.463. Such procedures must include strategies to de-escalate a crisis situation for a student with a developmental disability as defined in s. 393.063.
(g) Policies of the school district which must require that in a student crisis situation, school or law enforcement personnel must make a reasonable attempt to contact a mental health professional who may initiate an involuntary examination pursuant to s. 394.463, unless the child poses an imminent danger to themselves or others, before initiating an involuntary examination pursuant to s. 394.463. Such contact may be in person or through telehealth. The mental health professional may be available to the school district either by a contract or interagency agreement with the managing entity, one or more local community-based behavioral health providers, or the local mobile response team, or be a direct or contracted school district employee.
(3) Each school district shall submit its approved plan, including approved plans of each charter school in the district, to the Department of Education by August 1 of each fiscal year.
(4) Annually by September 30, each school district shall submit to the Department of Education a report on its program outcomes and expenditures for the previous fiscal year that, at a minimum, must include the total number of each of the following:
(a) Students who receive screenings or assessments.
(b) Students who are referred to school-based or community-based providers for services or assistance.
(c) Students who receive school-based or community-based interventions, services, or assistance.
(d) School-based and community-based mental health providers, including licensure type.
(e) Contract-based or interagency agreement-based collaborative efforts or partnerships with community-based mental health programs, agencies, or providers.
History. — s. 28, ch. 2023-245; s. 9, ch. 2025-184.
1006.042 AMIkids, Inc., program.
As authorized by and consistent with funding appropriated in the General Appropriations Act, the AMIkids, Inc., program is created to provide alternatives to institutionalization or commitment for young men and women by providing services, including, but not limited to, education, behavior modification, skills development, mental health, workforce development, family functioning, and advocacy.
History. — s. 17, ch. 2024-230.
B. Student Food and Health Services
1006.061 Child abuse, abandonment, and neglect policy.
1006.062 Administration of medication and provision of medical services by district school board personnel.
1006.0625 Administration of psychotropic medication; prohibition; conditions.
1006.0626 Care of students with epilepsy or seizure disorders.
1006.063 Eye-protective devices required in certain laboratory courses.
1006.064 Availability of menstrual hygiene products.
1006.061 Child abuse, abandonment, and neglect policy.
Each district school board, charter school, and private school that accepts scholarship students who participate in a state scholarship program under chapter 1002 shall:
(1) Post in a prominent place in each school a notice that, pursuant to chapter 39, all employees and agents of the district school board, charter school, or private school have an affirmative duty to report all actual or suspected cases of child abuse, abandonment, or neglect; have immunity from liability if they report such cases in good faith; and have a duty to comply with child protective investigations and all other provisions of law relating to child abuse, abandonment, and neglect. The notice shall also include the statewide toll-free telephone number of the central abuse hotline.
(2) Post in a prominent place at each school site and on each school’s website, if available, the policies and procedures for reporting alleged misconduct by educational support employees, instructional personnel, or school administrators which affects the health, safety, or welfare of a student; the contact person to whom the report is made; and the penalties imposed on educational support employees, instructional personnel, or school administrators who fail to report suspected or actual child abuse or alleged misconduct by other educational support employees, instructional personnel, or school administrators.
(3) Require the principal of the charter school or private school, or the district school superintendent, or the superintendent’s designee, at the request of the Department of Children and Families, to act as a liaison to the Department of Children and Families and the Child Protection Team, as defined in s. 39.01, when in a case of suspected child abuse, abandonment, or neglect or an unlawful sexual offense involving a child the case is referred to such a team; except that this does not relieve or restrict the Department of Children and Families from discharging its duty and responsibility under the law to investigate and report every suspected or actual case of child abuse, abandonment, or neglect or unlawful sexual offense involving a child.
(4)(a) Post in a prominent place in a clearly visible location and public area of the school which is readily accessible to and widely used by students a sign in English and Spanish that contains:
1. The statewide toll-free telephone number of the central abuse hotline as provided in chapter 39.
2. Instructions to call 911 for emergencies.
3. Directions for accessing the Department of Children and Families Internet website for more information on reporting abuse, neglect, and exploitation.
4. Directions for accessing the Department of Education’s website for more information on reporting acts that violate s. 800.101.
(b) The information in paragraph (a) must be put on at least one poster in each school, on a sheet that measures at least 11 inches by 17 inches, produced in large print, and placed at student eye level for easy viewing.
The Department of Education shall develop, and publish on the department’s Internet website, sample notices suitable for posting in accordance with subsections (1), (2), and (4).
History. — s. 273, ch. 2002-387; s. 20, ch. 2008-108; s. 17, ch. 2010-24; s. 375, ch. 2014-19; s. 11, ch. 2015-79; s. 25, ch. 2018-6; s. 124, ch. 2019-3; s. 6, ch. 2021-138.
1006.062 Administration of medication and provision of medical services by district school board personnel.
(1) Notwithstanding the provisions of the Nurse Practice Act, part I of chapter 464, district school board personnel may assist students in the administration of prescription medication when the following conditions have been met:
(a) Each district school board shall include in its approved school health services plan a procedure to provide training, by a registered nurse, a licensed practical nurse, or an advanced practice registered nurse licensed under chapter 464 or by a physician licensed under chapter 458 or chapter 459, or a physician assistant licensed under chapter 458 or chapter 459, to the school personnel designated by the school principal to assist students in the administration of prescribed medication. Such training may be provided in collaboration with other school districts, through contract with an education consortium, or by any other arrangement consistent with the intent of this subsection.
(b) Each district school board shall adopt policies and procedures governing the administration of prescription medication by district school board personnel. The policies and procedures shall include, but not be limited to, the following provisions:
1. For each prescribed medication, the student’s parent shall provide to the school principal a written statement which grants to the school principal or the principal’s designee permission to assist in the administration of such medication and which explains the necessity for the medication to be provided during the school day, including any occasion when the student is away from school property on official school business. The school principal or the principal’s trained designee shall assist the student in the administration of the medication.
2. Each prescribed medication to be administered by district school board personnel shall be received, counted, and stored in its original container. When the medication is not in use, it shall be stored in its original container in a secure fashion under lock and key in a location designated by the school principal.
(2) There shall be no liability for civil damages as a result of the administration of the medication when the person administering the medication acts as an ordinarily reasonably prudent person would have acted under the same or similar circumstances.
(3) Nonmedical district school board personnel shall not be allowed to perform invasive medical services that require special medical knowledge, nursing judgment, and nursing assessment, including, but not limited to:
(a) Sterile catheterization.
(b) Nasogastric tube feeding.
(c) Cleaning and maintaining a tracheostomy and deep suctioning of a tracheostomy.
(4) Nonmedical assistive personnel shall be allowed to perform health-related services upon successful completion of child-specific training by a registered nurse or advanced practice registered nurse licensed under chapter 464, a physician licensed pursuant to chapter 458 or chapter 459, or a physician assistant licensed pursuant to chapter 458 or chapter 459. All procedures shall be monitored periodically by a nurse, advanced practice registered nurse, physician assistant, or physician, including, but not limited to:
(a) Intermittent clean catheterization.
(b) Gastrostomy tube feeding.
(c) Monitoring blood glucose.
(d) Administering emergency injectable medication.
(5) For all other invasive medical services not listed in this subsection, a registered nurse or advanced practice registered nurse licensed under chapter 464, a physician licensed pursuant to chapter 458 or chapter 459, or a physician assistant licensed pursuant to chapter 458 or chapter 459 shall determine if nonmedical district school board personnel shall be allowed to perform such service.
(6) Each district school board shall establish emergency procedures in accordance with s. 381.0056(4) for life-threatening emergencies.
(7) District school board personnel shall not refer students to or offer students at school facilities contraceptive services without the consent of a parent or legal guardian. To the extent that this subsection conflicts with any provision of chapter 381, the provisions of chapter 381 control.
1 (8) Each district school board shall adopt a policy and a procedure for allowing a student who is a qualified patient, as defined in s. 381.986, to use marijuana obtained pursuant to that section. Such policy and procedure shall ensure access by the qualified patient; identify how the marijuana will be received, accounted for, and stored; and establish processes to prevent access by other students and school personnel whose access would be unnecessary for the implementation of the policy.
History. — s. 274, ch. 2002-387; s. 120, ch. 2013-15; ss. 1, 13, ch. 2017-232; s. 89, ch. 2018-106; s. 39, ch. 2020-9.
1 Note. — Section 1, ch. 2017-232, provides that “[i]t is the intent of the Legislature to implement s. 29, Article X of the State Constitution by creating a unified regulatory structure. If s. 29, Article X of the State Constitution is amended or a constitutional amendment related to cannabis or marijuana is adopted, this act shall expire 6 months after the effective date of such amendment.” If such amendment or adoption takes place, subsection (8), as created by s.13, ch. 2017-232, is repealed.
1006.0625 Administration of psychotropic medication; prohibition; conditions.
(1) As used in this section, the term “psychotropic medication” means a prescription medication that is used for the treatment of mental disorders and includes, without limitation, antihypnotics, antipsychotics, antidepressants, anxiety agents, sedatives, psychomotor stimulants, and mood stabilizers.
(2) A public school may not deny any student access to programs or services because the parent of the student has refused to place the student on psychotropic medication.
(3) A public school teacher and school district personnel may share school-based observations of a student’s academic, functional, and behavioral performance with the student’s parent and offer program options and other assistance that is available to the parent and the student based on the observations. However, a public school teacher and school district personnel may not compel or attempt to compel any specific actions by the parent or require that a student take medication. A parent may refuse psychological screening of the student.
Any medical decision made to address a student’s needs is a matter between the student, the student’s parent, and a competent health care professional chosen by the parent.
History. — s. 6, ch. 2005-65.
1006.0626 Care of students with epilepsy or seizure disorders.
(1) As used in this section, the term:
(a) “Individualized seizure action plan,” or “ISAP,” means a document that outlines a set of procedural guidelines and specific directions for the provision of health care and emergency services by a school for a student who has epilepsy or seizure disorders.
(b) “Medical professional” means a physician licensed under chapter 458 or chapter 459, a physician assistant licensed under chapter 458 or chapter 459, or an advanced practice registered nurse licensed under s. 464.012 who provides epilepsy or seizure disorder care to the student.
(c) “School” has the same meaning as in s. 1003.01(17) and includes charter schools under s. 1002.33.
(2)(a) A school must provide epilepsy or seizure disorder care to a student based upon the student’s ISAP, individualized education plan, or 504 accommodation plan issued under s. 504 of the Rehabilitation Act of 1973, as applicable. To initiate the implementation of an ISAP, a student’s parent must submit an ISAP that meets the requirements of paragraph (b) to the school principal and school nurse or other appropriate school employee. The ISAP should be submitted before or at the beginning of the school year, upon enrollment, or as soon as practicable following a diagnosis of a seizure disorder for a student. The provisions of a student’s ISAP remain in effect until the student’s parent submits a revised ISAP, signed by a medical professional, identifying any changes based on the student’s condition. Implementation of an ISAP does not absolve or limit the school of its obligation to provide a student special instruction, services, or accommodations pursuant to part V of chapter 1003, the Individuals with Disabilities Education Act, and s. 504 of the Rehabilitation Act of 1973. A school may implement training and student supports outlined in this section regardless of whether a parent submits an ISAP.
(b) An ISAP must be developed and signed by a medical professional, in consultation with the student’s parent, and include the following:
1. Written orders from the student’s medical professional, in a form determined by the medical professional, outlining the student’s epilepsy or seizure disorder recommended care.
2. The parent’s signature.
3. The student’s epilepsy or seizure disorder symptoms.
4. Any accommodations the student requires for school trips, after-school programs and activities, class parties, and any other school-related activities.
5. When and whom to call for medical assistance.
6. The student’s ability to manage, and the student’s level of understanding of, his or her epilepsy or seizure disorder.
7. How to maintain communication with the student; the student’s parent; and the student’s health care team, school nurse, and educational staff.
8. Any rescue medication prescribed by the student’s medical professional and how and when to administer the medication.
(3) The school nurse or an appropriate school employee of a school that receives an ISAP pursuant to subsection (2) shall:
(a) In accordance with s. 1006.062, coordinate the provision of epilepsy and seizure disorder care at the school for the student, including administering anti-seizure and rescue medications as outlined in the ISAP.
(b) Verify that each school district or charter school employee whose duties include regular contact with the student, including any employee who teaches or transports the student to and from school or school activities, has completed training in the care of students with epilepsy and seizure disorders. The training must include how to recognize the symptoms of and provide care for epilepsy and seizure disorders. To assist schools in meeting this requirement, the Department of Education shall identify on its website one or more online training courses that are provided by a nonprofit national organization that supports the welfare of individuals with epilepsy and seizure disorders and are available free of charge to schools. The completion of training is valid for 5 years.
(4) The school shall provide each school employee whose duties include regular contact with the student with all of the following:
(a) Notice of the student’s condition.
(b) Information from the ISAP on how to provide the recommended care for the student if he or she shows symptoms of the epilepsy or seizure disorder.
(c) The contact information for the student’s parent and emergency contacts.
(5) Each school as defined in paragraph (1)(c) shall display a poster developed by the department which describes the basic steps of responding to an individual having a seizure. The department shall identify one or more posters that are provided by a national nonprofit organization that supports the welfare of individuals with epilepsy and seizure disorders and are available free of charge to schools.
History. — s. 1, ch. 2022-19; s. 164, ch. 2023-8; s. 2, ch. 2026-75.
1006.063 Eye-protective devices required in certain laboratory courses.
(1) Eye-protective devices shall be worn by students, teachers, and visitors in courses including, but not limited to, chemistry, physics, or chemical-physical laboratories, at any time at which the individual is engaged in or observing an activity or the use of hazardous substances likely to cause injury to the eyes. Activity or the use of hazardous substances likely to cause injury to the eye includes:
(a) Heat treatment; tempering or kiln firing of any metal or other materials;
(b) Working with caustic or explosive materials; or
(c) Working with hot liquids or solids, including chemicals which are flammable, caustic, toxic, or irritating.
(2) District school boards shall furnish plano safety glasses or devices for students, may provide such glasses to teachers, and shall furnish such equipment for all visitors to such classrooms or laboratories, or may purchase such plano safety glasses or devices in large quantities and sell them at cost to students and teachers, but shall not purchase, furnish, or dispense prescription glasses or lenses.
History. — s. 275, ch. 2002-387.
1006.064 Availability of menstrual hygiene products.
(1) As used in this section, the term “menstrual hygiene products” means tampons and sanitary napkins for use in connection with the menstrual cycle.
(2) A school district may make menstrual hygiene products available in each school within the district, at no charge. The menstrual hygiene products may be located in the school nurse’s office, other school facilities for health services, and in restrooms within each school, including wheelchair accessible restrooms. The menstrual hygiene products may not display any advertisement, logo, or text except for the brand name and any product information provided by the manufacturer. Any associated dispensing mechanism may not display any advertisement, logo, or text except for the brand name and product information provided by the manufacturer or information necessary to maintain the dispensing mechanism. If the products or dispensing mechanism is provided, sponsored, or otherwise funded by a person or an organization other than the school district or the manufacturer, information related to the provider, sponsor, or person or organization making such donation may not be displayed.
(3) Participating schools shall ensure that students are provided appropriate notice as to the availability and location of the menstrual hygiene products.
(4) School districts are encouraged to partner with nonprofit organizations, nongovernmental organizations, businesses, and other organizations to assist in supplying and maintaining such menstrual hygiene products.
History. — s. 1, ch. 2023-100.
C. Student Discipline
and School Safety
1006.07 District school board duties relating to student discipline and school safety.
1006.08 District school superintendent duties relating to student discipline and school safety.
1006.09 Duties of school principal relating to student discipline and school safety.
1006.10 Authority of school bus drivers and district school boards relating to student discipline and student safety on school buses.
1006.11 Standards for use of reasonable force.
1006.12 Safe-school officers at each public school.
1006.121 Florida Safe Schools Canine Program.
1006.13 Policy of zero tolerance for crime and victimization.
1006.135 Hazing prohibited at schools with any of grades 6-12.
1006.14 Secret societies prohibited in public K-12 schools.
1006.145 Disturbing school functions; penalty.
1006.147 Bullying and harassment prohibited.
1006.148 Dating violence and abuse prohibited.
1006.1493 Florida Safe Schools Assessment Tool.
1006.1494 Student online personal information protection.
1006.07 District school board duties relating to student discipline and school safety.
The district school board shall provide for the proper accounting for all students, for the attendance and control of students at school, and for proper attention to health, safety, and other matters relating to the welfare of students, including:
(1) CONTROL OF STUDENTS. —
(a) Adopt rules for the control, discipline, in-school suspension, suspension, and expulsion of students and decide all cases recommended for expulsion. Suspension hearings are exempted from the provisions of chapter 120. Expulsion hearings shall be governed by ss. 120.569 and 120.57(2) and are exempt from s. 286.011. However, the student’s parent must be given notice of the provisions of s. 286.011 and may elect to have the hearing held in compliance with that section. The district school board may prohibit the use of corporal punishment, if the district school board adopts or has adopted a written program of alternative control or discipline.
(b) Require each student at the time of initial registration for school in the school district to note previous school expulsions, arrests resulting in a charge, juvenile justice actions, and any corresponding referral to mental health services by the school district, and have the authority as the district school board of a receiving school district to honor the final order of expulsion or dismissal of a student by any in-state or out-of-state public district school board or private school, or lab school, for an act which would have been grounds for expulsion according to the receiving district school board’s code of student conduct, in accordance with the following procedures:
1. A final order of expulsion shall be recorded in the records of the receiving school district.
2. The expelled student applying for admission to the receiving school district shall be advised of the final order of expulsion.
3. The district school superintendent of the receiving school district may recommend to the district school board that the final order of expulsion be waived and the student be admitted to the school district, or that the final order of expulsion be honored and the student not be admitted to the school district. If the student is admitted by the district school board, with or without the recommendation of the district school superintendent, the student may be placed in an appropriate educational program and referred to mental health services identified by the school district pursuant to s. 1012.584(4), when appropriate, at the direction of the district school board.
(2) CODE OF STUDENT CONDUCT. — Adopt a code of student conduct for elementary schools and a code of student conduct for middle and high schools and distribute the appropriate code to all teachers, school personnel, students, and parents, at the beginning of every school year. Each code shall be organized and written in language that is understandable to students and parents and shall be discussed at the beginning of every school year in student classes, school advisory council meetings, and parent and teacher association or organization meetings. Each code shall be based on the rules governing student conduct and discipline adopted by the district school board and shall be made available in the student handbook or similar publication. Each code shall include, but is not limited to:
(a) Consistent policies and specific grounds for disciplinary action, including in-school suspension, out-of-school suspension, expulsion, and any disciplinary action that may be imposed for the possession or use of alcohol on school property or while attending a school function or for the illegal use, sale, or possession of controlled substances as defined in chapter 893.
(b) Procedures to be followed for acts requiring discipline, including corporal punishment.
(c) An explanation of the responsibilities and rights of students with regard to attendance, respect for persons and property, knowledge and observation of rules of conduct, the right to learn, free speech and student publications, assembly, privacy, and participation in school programs and activities.
(d)1. An explanation of the responsibilities of each student with regard to appropriate dress, respect for self and others, and the role that appropriate dress and respect for self and others has on an orderly learning environment. Each district school board shall adopt a dress code policy that prohibits a student, while on the grounds of a public school during the regular school day, from wearing clothing that exposes underwear or body parts in an indecent or vulgar manner or that disrupts the orderly learning environment.
2. Any student who violates the dress code policy described in subparagraph 1. is subject to the following disciplinary actions:
a. For a first offense, a student shall be given a verbal warning and the school principal shall call the student’s parent or guardian.
b. For a second offense, the student is ineligible to participate in any extracurricular activity for a period of time not to exceed 5 days and the school principal shall meet with the student’s parent or guardian.
c. For a third or subsequent offense, a student shall receive an in-school suspension pursuant to s. 1003.01(13) for a period not to exceed 3 days, the student is ineligible to participate in any extracurricular activity for a period not to exceed 30 days, and the school principal shall call the student’s parent or guardian and send the parent or guardian a written letter regarding the student’s in-school suspension and ineligibility to participate in extracurricular activities.
(e) Notice that illegal use, possession, or sale of controlled substances, as defined in chapter 893, by any student while the student is upon school property or in attendance at a school function is grounds for disciplinary action by the school and may also result in criminal penalties being imposed.
(f) Notice that use of a wireless communications device includes the possibility of the imposition of disciplinary action by the school or criminal penalties if the device is used in a criminal act. A student may possess a wireless communications device while the student is on school property or in attendance at a school function; however, elementary and middle school students may not use a wireless communications device during the school day. High school students may not use a wireless communications device during instructional time, except when expressly directed by a teacher solely for educational purposes. A high school teacher shall designate an area for wireless communications devices during instructional time. Each district school board shall adopt rules governing the use of a wireless communications device by a student while the student is on school property or in attendance at a school function, including rules:
1. Designating locations within school buildings where a student may use his or her wireless communications device with the express permission of a school administrator.
2. Allowing the use of a wireless communications device by a student during the school day in accordance with:
a. The student’s individualized education plan;
b. The student’s 504 accommodation plan issued under s. 504 of the Rehabilitation Act of 1973; or
c. A doctor’s note from a physician licensed under chapter 458 or chapter 459 certifying in writing that the student requires the use of a wireless communications device based upon valid clinical reasoning or evidence.
(g) Notice that the possession of a firearm or weapon as defined in chapter 790 by any student while the student is on school property or in attendance at a school function is grounds for disciplinary action and may also result in criminal prosecution. Simulating a firearm or weapon while playing or wearing clothing or accessories that depict a firearm or weapon or express an opinion regarding a right guaranteed by the Second Amendment to the United States Constitution is not grounds for disciplinary action or referral to the criminal justice or juvenile justice system under this section or s. 1006.13. Simulating a firearm or weapon while playing includes, but is not limited to:
1. Brandishing a partially consumed pastry or other food item to simulate a firearm or weapon.
2. Possessing a toy firearm or weapon that is 2 inches or less in overall length.
3. Possessing a toy firearm or weapon made of plastic snap-together building blocks.
4. Using a finger or hand to simulate a firearm or weapon.
5. Vocalizing an imaginary firearm or weapon.
6. Drawing a picture, or possessing an image, of a firearm or weapon.
7. Using a pencil, pen, or other writing or drawing utensil to simulate a firearm or weapon.
However, a student may be subject to disciplinary action if simulating a firearm or weapon while playing substantially disrupts student learning, causes bodily harm to another person, or places another person in reasonable fear of bodily harm. The severity of consequences imposed upon a student, including referral to the criminal justice or juvenile justice system, must be proportionate to the severity of the infraction and consistent with district school board policies for similar infractions. If a student is disciplined for such conduct, the school principal or his or her designee must call the student’s parent. Disciplinary action resulting from a student’s clothing or accessories shall be determined pursuant to paragraph (d) unless the wearing of the clothing or accessory causes a substantial disruption to student learning, in which case the infraction may be addressed in a manner that is consistent with district school board policies for similar infractions. This paragraph does not prohibit a public school from adopting a school uniform policy.
(h) Notice that violence against any district school board personnel by a student is grounds for in-school suspension, out-of-school suspension, expulsion, or imposition of other disciplinary action by the school and may also result in criminal penalties being imposed.
(i) Notice that violation of district school board transportation policies, including disruptive behavior on a school bus or at a school bus stop, by a student is grounds for suspension of the student’s privilege of riding on a school bus and may be grounds for disciplinary action by the school and may also result in criminal penalties being imposed.
(j) Notice that violation of the district school board’s sexual harassment policy by a student is grounds for in-school suspension, out-of-school suspension, expulsion, or imposition of other disciplinary action by the school and may also result in criminal penalties being imposed.
(k) Policies to be followed for the assignment of violent or disruptive students to an alternative educational program or referral of such students to mental health services identified by the school district pursuant to s. 1012.584(4).
(l) Notice that any student who is determined to have brought a firearm or weapon, as defined in chapter 790, to school, to any school function, or onto any school-sponsored transportation, or to have possessed a firearm at school, will be expelled, with or without continuing educational services, from the student’s regular school for a period of not less than 1 full year and referred to mental health services identified by the school district pursuant to s. 1012.584(4) and the criminal justice or juvenile justice system. District school boards may assign the student to a disciplinary program or second chance school for the purpose of continuing educational services during the period of expulsion. District school superintendents may consider the 1-year expulsion requirement on a case-by-case basis and request the district school board to modify the requirement by assigning the student to a disciplinary program or second chance school if the request for modification is in writing and it is determined to be in the best interest of the student and the school system.
(m) Notice that any student who is determined to have made a threat or false report, as defined by ss. 790.162 and 790.163, respectively, involving school or school personnel’s property, school transportation, or a school-sponsored activity will be expelled, with or without continuing educational services, from the student’s regular school for a period of not less than 1 full year and referred for criminal prosecution and mental health services identified by the school district pursuant to s. 1012.584(4) for evaluation or treatment, when appropriate. District school boards may assign the student to a disciplinary program or second chance school for the purpose of continuing educational services during the period of expulsion. District school superintendents may consider the 1-year expulsion requirement on a case-by-case basis and request the district school board to modify the requirement by assigning the student to a disciplinary program or second chance school if it is determined to be in the best interest of the student and the school system.
(n) Criteria for recommending to law enforcement that a student who commits a criminal offense be allowed to participate in a prearrest delinquency citation program as an alternative to expulsion or arrest. All prearrest delinquency citation programs must comply with s. 985.12.
(o) Criteria for assigning a student who commits a petty act of misconduct, as defined by the district school board pursuant to s. 1006.13(2)(c), to a school-based intervention program. If a student’s assignment is based on a noncriminal offense, the student’s participation in a school-based intervention program may not be entered into the Juvenile Justice Information System Prevention Web.
(3) STUDENT CRIME WATCH PROGRAM. — By resolution of the district school board, implement a student crime watch program to promote responsibility among students and improve school safety. The student crime watch program shall allow students and the community to anonymously relay information concerning unsafe and potentially harmful, dangerous, violent, or criminal activities, or the threat of these activities, to appropriate public safety agencies and school officials.
(4) EMERGENCY DRILLS; EMERGENCY PROCEDURES. —
(a) Formulate and prescribe policies and procedures, in consultation with the appropriate public safety agencies, for emergency drills and for actual emergencies, including, but not limited to, fires, natural disasters, active assailant and hostage situations, and bomb threats, for all students and faculty at all public schools of the district composed of grades K-12, pursuant to State Board of Education rules. Drills for active assailant and hostage situations must be conducted in accordance with developmentally appropriate and age-appropriate procedures, as specified in State Board of Education rules. Law enforcement officers responsible for responding to the school in the event of an active assailant emergency, as determined necessary by the sheriff in coordination with the district’s school safety specialist, must be physically present on campus and directly involved in the execution of active assailant emergency drills. School districts must notify law enforcement officers at least 24 hours before conducting an active assailant emergency drill at which such law enforcement officers are expected to attend. Each school, including charter schools, must maintain a record that is accessible on each campus or by request of the Office of Safe Schools of all current school year and prior school year drills conducted pursuant to this subsection, including the names of law enforcement personnel present on campus for each active assailant emergency drill. District school board policies must include commonly used alarm system responses for specific types of emergencies and verification by each school that drills have been provided as required by law, State Board of Education rules, and fire protection codes and may provide accommodations for drills conducted by exceptional student education centers. District school boards shall establish emergency response and emergency preparedness policies and procedures that include, but are not limited to, identifying the individuals responsible for contacting the primary emergency response agency and the emergency response agency responsible for notifying the school district for each type of emergency. The State Board of Education shall refer to recommendations provided in reports published pursuant to s. 943.687 for guidance and, by August 1, 2023, consult with state and local constituencies to adopt rules applicable to the requirements of this subsection which, at a minimum, define the terms “emergency drill,” “active threat,” and “after-action report” and establish minimum emergency drill policies and procedures related to the timing, frequency, participation, training, notification, accommodations, and responses to threat situations by incident type, school level, school type, and student and school characteristics. The rules must require all types of emergency drills to be conducted no less frequently than on an annual school year basis.
(b) Provide timely notification to parents of threats pursuant to policies adopted under subsection (7) and the following unlawful acts or significant emergencies that occur on school grounds, during school transportation, or during school-sponsored activities:
1. Weapons possession or use when there is intended harm toward another person, hostage, and active assailant situations. The active assailant situation training for each school must engage the participation of the district school safety specialist, threat management team members, faculty, staff, and students and must be conducted by the law enforcement agency or agencies that are designated as first responders to the school’s campus.
2. Murder, homicide, or manslaughter.
3. Sex offenses, including rape, sexual assault, or sexual misconduct with a student by school personnel.
4. Natural emergencies, including hurricanes, tornadoes, and severe storms.
5. Exposure as a result of a manmade emergency.
(c) Each public school, including charter schools, shall implement a mobile panic alert system capable of connecting diverse emergency services technologies to ensure real-time coordination between multiple first responder agencies. Such system, known as “Alyssa’s Alert,” must integrate with local public safety answering point infrastructure to transmit 911 calls and mobile activations.
(d) In addition to the requirements of paragraph (c), a public school district may implement additional strategies or systems to ensure real-time coordination between multiple first responder agencies in a school security emergency.
(e) Establish a schedule to test the functionality and coverage capacity of all emergency communication systems and determine if adequate signal strength is available in all areas of the school’s campus.
(f) Subject to an appropriation, the Department of Education, in cooperation with the Department of Management Services, shall identify a centralized system for use by all public safety answering point infrastructure which can receive alerts from all panic alert systems and integrate digital maps used by public schools, charter schools, and other educational institutions. The centralized system must:
1. Receive alerts, location information, and relevant data from all department-approved panic alert systems.
2. Integrate and display digital school maps to provide real-time situational awareness to law enforcement and emergency responders.
3. Retain and provide access to historical alert data for use by authorized state agencies.
(g) If established pursuant to paragraph (f), each public school and charter school shall confirm with the district school board that the school’s respective panic alert system is connected to the centralized system. Panic alert systems must be integrated with the centralized system to ensure seamless notification of law enforcement and emergency responders. Digital maps required under s. 1013.13 must also be integrated with the centralized system to support emergency response.
(5) EDUCATIONAL SERVICES IN DETENTION FACILITIES. — Offer educational services to minors who have not graduated from high school and eligible students with disabilities under the age of 22 who have not graduated with a standard diploma or its equivalent who are detained in a county or municipal detention facility as defined in s. 951.23. These educational services shall be based upon the estimated length of time the student will be in the facility and the student’s current level of functioning. District school superintendents or their designees shall be notified by the county sheriff or chief correctional officer, or his or her designee, upon the assignment of a student under the age of 21 to the facility. A cooperative agreement with the district school board and applicable law enforcement units shall be developed to address the notification requirement and the provision of educational services to these students.
(6) SAFETY AND SECURITY BEST PRACTICES. — Each district school superintendent shall establish policies and procedures for the prevention of violence on school grounds, including the assessment of and intervention with individuals whose behavior poses a threat to the safety of the school community.
(a) School safety specialist. — Each district school superintendent shall designate a school safety specialist for the district. The school safety specialist must be a school administrator employed by the school district or a law enforcement officer employed by the sheriff’s office located in the school district. Any school safety specialist designated from the sheriff’s office must first be authorized and approved by the sheriff employing the law enforcement officer. Any school safety specialist designated from the sheriff’s office remains the employee of the office for purposes of compensation, insurance, workers’ compensation, and other benefits authorized by law for a law enforcement officer employed by the sheriff’s office. The sheriff and the school superintendent may determine by agreement the reimbursement for such costs, or may share the costs, associated with employment of the law enforcement officer as a school safety specialist. The school safety specialist must earn a certificate of completion of the school safety specialist training provided by the Office of Safe Schools within 1 year after appointment and is responsible for the supervision and oversight for all school safety and security personnel, policies, and procedures in the school district. The school safety specialist, or his or her designee, shall:
1. In conjunction with the district school superintendent, annually review school district policies and procedures for compliance with state law and rules, including the district’s timely and accurate submission of school environmental safety incident reports to the department pursuant to s. 1001.212(8). At least quarterly, the school safety specialist must report to the district school superintendent and the district school board any noncompliance by the school district with laws or rules regarding school safety.
2. Provide the necessary training and resources to students and school district staff in matters relating to youth mental health awareness and assistance; emergency procedures, including active shooter training; and school safety and security. Such training for classroom teachers and other members of instructional staff must explain the purpose, importance, and proper execution of school safety protocols and emergency procedures.
3. Serve as the school district liaison with local public safety agencies and national, state, and community agencies and organizations in matters of school safety and security.
4. In collaboration with the appropriate public safety agencies, as that term is defined in s. 365.171, by October 1 of each year, conduct a school security risk assessment at each public school using the Florida Safe Schools Assessment Tool developed by the Office of Safe Schools pursuant to s. 1006.1493. Based on the assessment findings, the district’s school safety specialist shall provide recommendations to the district school superintendent and the district school board which identify strategies and activities that the district school board should implement in order to address the findings and improve school safety and security. Each district school board must receive such findings and the school safety specialist’s recommendations at a publicly noticed district school board meeting to provide the public an opportunity to hear the district school board members discuss and take action on the findings and recommendations. Each school safety specialist, through the district school superintendent, shall report such findings and school board action to the Office of Safe Schools within 30 days after the district school board meeting.
5. Conduct annual unannounced inspections, using the form adopted by the Office of Safe Schools pursuant to s. 1001.212(13), of all public schools, including charter schools, while school is in session and investigate reports of noncompliance with school safety requirements.
6. Report violations of paragraph (f) by administrative personnel and instructional personnel to the district school superintendent or charter school administrator, as applicable.
(b) Mental health coordinator. — Each district school board shall identify a mental health coordinator for the district. The mental health coordinator shall serve as the district’s primary point of contact regarding the district’s coordination, communication, and implementation of student mental health policies, procedures, responsibilities, and reporting, including:
1. Coordinating with the Office of Safe Schools, established pursuant to s. 1001.212.
2. Maintaining records and reports regarding student mental health as it relates to the mental health assistance program under s. 1006.041 and school safety.
3. Facilitating the implementation of school district policies relating to the respective duties and responsibilities of the school district, the superintendent, and district school principals.
4. Coordinating with the school safety specialist on the staffing and training of threat management teams and facilitating referrals to mental health services, as appropriate, for students and their families.
5. Coordinating with the school safety specialist on the training and resources for students and school district staff relating to youth mental health awareness and assistance.
6. Reviewing annually the school district’s policies and procedures related to student mental health for compliance with state law and alignment with current best practices and making recommendations, as needed,
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