Bill Text: FL S1318 | 2024 | Regular Session | Introduced

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Bill Title: Corporal Punishment

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2024-03-08 - Died in Education Pre-K -12 [S1318 Detail]

Download: Florida-2024-S1318-Introduced.html

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       Florida Senate - 2024                                    SB 1318
       
       
        
       By Senator Thompson
       
       
       
       
       
       15-00430A-24                                          20241318__
    1                        A bill to be entitled                      
    2         An act relating to corporal punishment; amending s.
    3         1002.20, F.S.; conforming provisions to changes made
    4         by the act; amending s. 1002.33, F.S.; requiring
    5         charter schools to comply with general law relating to
    6         corporal punishment; amending s. 1003.01, F.S.;
    7         conforming provisions to changes made by the act;
    8         amending s. 1003.32, F.S.; deleting provisions
    9         authorizing teachers to administer corporal
   10         punishment; providing duties of and responsibilities
   11         for principals relating to corporal punishment;
   12         requiring a specified notification be provided to
   13         parents relating to corporal punishment; providing
   14         requirements for a student to be disciplined using
   15         corporal punishment; prohibiting the use of corporal
   16         punishment on specified students; providing reporting
   17         requirements relating to corporal punishment;
   18         providing an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Paragraph (c) of subsection (4) of section
   23  1002.20, Florida Statutes, is amended to read:
   24         1002.20 K-12 student and parent rights.—Parents of public
   25  school students must receive accurate and timely information
   26  regarding their child’s academic progress and must be informed
   27  of ways they can help their child to succeed in school. K-12
   28  students and their parents are afforded numerous statutory
   29  rights including, but not limited to, the following:
   30         (4) DISCIPLINE.—
   31         (c) Corporal punishment.—
   32         1. In accordance with the provisions of s. 1003.32,
   33  Corporal punishment of a public school student may only be
   34  administered in accordance with s. 1003.32(1)(k) by a teacher or
   35  school principal within guidelines of the school principal and
   36  according to district school board policy. Another adult must be
   37  present and must be informed in the student’s presence of the
   38  reason for the punishment. Upon request, the teacher or school
   39  principal must provide the parent with a written explanation of
   40  the reason for the punishment and the name of the other adult
   41  who was present.
   42         2. A district school board having a policy authorizing the
   43  use of corporal punishment as a form of discipline shall review
   44  its policy on corporal punishment once every 3 years during a
   45  district school board meeting held pursuant to s. 1001.372. The
   46  district school board shall take public testimony at the board
   47  meeting. If such board meeting is not held in accordance with
   48  this subparagraph, the portion of the district school board’s
   49  policy authorizing corporal punishment expires.
   50         Section 2. Paragraph (b) of subsection (16) of section
   51  1002.33, Florida Statutes, is amended to read:
   52         1002.33 Charter schools.—
   53         (16) EXEMPTION FROM STATUTES.—
   54         (b) Additionally, a charter school shall be in compliance
   55  with the following statutes:
   56         1. Section 286.011, relating to public meetings and
   57  records, public inspection, and criminal and civil penalties.
   58         2. Chapter 119, relating to public records.
   59         3. Section 1003.03, relating to the maximum class size,
   60  except that the calculation for compliance pursuant to s.
   61  1003.03 shall be the average at the school level.
   62         4. Section 1012.22(1)(c), relating to compensation and
   63  salary schedules.
   64         5. Section 1012.33(5), relating to workforce reductions.
   65         6. Section 1012.335, relating to contracts with
   66  instructional personnel hired on or after July 1, 2011.
   67         7. Section 1012.34, relating to the substantive
   68  requirements for performance evaluations for instructional
   69  personnel and school administrators.
   70         8. Section 1006.12, relating to safe-school officers.
   71         9. Section 1006.07(7), relating to threat management teams.
   72         10. Section 1006.07(9), relating to School Environmental
   73  Safety Incident Reporting.
   74         11. Section 1006.07(10), relating to reporting of
   75  involuntary examinations.
   76         12. Section 1006.1493, relating to the Florida Safe Schools
   77  Assessment Tool.
   78         13. Section 1006.07(6)(d), relating to adopting an active
   79  assailant response plan.
   80         14. Section 943.082(4)(b), relating to the mobile
   81  suspicious activity reporting tool.
   82         15. Section 1012.584, relating to youth mental health
   83  awareness and assistance training.
   84         16. Section 1001.42(4)(f)2., relating to middle school and
   85  high school start times. A charter school-in-the-workplace is
   86  exempt from this requirement.
   87         17. Section 1003.32(1)(k), relating to corporal punishment.
   88         Section 3. Subsection (6) of section 1003.01, Florida
   89  Statutes, is amended to read:
   90         1003.01 Definitions.—As used in this chapter, the term:
   91         (6) “Corporal punishment” means the moderate use of
   92  physical force or physical contact by a teacher or principal as
   93  may be necessary to maintain discipline or to enforce school
   94  rule. However, the term “corporal punishment” does not include
   95  the use of such reasonable force by a teacher or principal as
   96  may be necessary for self-protection or to protect other
   97  students from disruptive students.
   98         Section 4. Paragraph (k) of subsection (1) of section
   99  1003.32, Florida Statutes, is amended to read:
  100         1003.32 Authority of teacher; responsibility for control of
  101  students; district school board and principal duties.—Subject to
  102  law and to the rules of the district school board, each teacher
  103  or other member of the staff of any school shall have such
  104  authority for the control and discipline of students as may be
  105  assigned to him or her by the principal or the principal’s
  106  designated representative and shall keep good order in the
  107  classroom and in other places in which he or she is assigned to
  108  be in charge of students.
  109         (1) In accordance with this section and within the
  110  framework of the district school board’s code of student
  111  conduct, teachers and other instructional personnel shall have
  112  the authority to undertake any of the following actions in
  113  managing student behavior and ensuring the safety of all
  114  students in their classes and school and their opportunity to
  115  learn in an orderly and disciplined classroom:
  116         (k) Use corporal punishment according to school board
  117  policy and at least the following procedures, if a principal
  118  teacher feels that corporal punishment is necessary:
  119         1. The use of corporal punishment shall be approved in
  120  principle by the principal before it is used and may only be
  121  administered by the principal, but approval is not necessary for
  122  each specific instance in which it is used. The principal shall
  123  prepare guidelines for administering such punishment which
  124  identify the types of punishable offenses and, the conditions
  125  under which the punishment shall be administered, and the
  126  specific personnel on the school staff authorized to administer
  127  the punishment.
  128         2. A teacher or principal may administer corporal
  129  punishment only in the presence of another adult who is informed
  130  beforehand, and in the student’s presence, of the reason for the
  131  punishment. Before a principal may administer corporal
  132  punishment, he or she must, in the presence of another adult,
  133  verify that the parent of such student has completed the form
  134  required under subparagraph 3. and consented to allow the
  135  administration of corporal punishment on his or her student.
  136         3.a. A teacher or principal who elects to use corporal
  137  punishment must at the beginning of the school year provide each
  138  parent of a student enrolled at his or her school a written form
  139  that allows the parent to authorize the use of corporal
  140  punishment when disciplining his or her student. The form must
  141  read: “Do you authorize the use of corporal punishment on your
  142  child? Florida Statutes defines the term ‘corporal punishment’
  143  as ‘the moderate use of physical force or physical contact by a
  144  principal as may be necessary to maintain school discipline or
  145  to enforce school rule.’ Your school district’s code of student
  146  conduct provides further information on how corporal punishment
  147  may be administered at your student’s school. Please check YES
  148  if you consent to the use of corporal punishment on your student
  149  or check NO if you do not consent to the use of corporal
  150  punishment on your student and provide your signature. You may
  151  contact your student’s principal with any relevant questions
  152  about the administration of corporal punishment.”
  153         b. Each principal must collect and store the completed
  154  forms.
  155         c. If a student’s parent does not return a completed form
  156  or returns a completed form and does not consent to the use of
  157  corporal punishment as a disciplinary measure for his or her
  158  student, a principal may not administer corporal punishment on
  159  the student.
  160         4. Once a principal has administered the corporal
  161  punishment, he or she shall, upon request, provide the student’s
  162  parent with a written explanation of the reason for the
  163  punishment and the name of the other adult who was present and
  164  the name of the other adult who witnessed the principal verify
  165  the student’s parental consent form before the administration of
  166  the corporal punishment.
  167         5. Corporal punishment may not be used to discipline the
  168  following students:
  169         a. Exceptional students as defined in s. 1003.01(9).
  170         b. Students with an individual education plan under s.
  171  1003.5716.
  172         c. Students who attend an alternative school as described
  173  in s. 1008.341(2).
  174         d. Children and youths who are experiencing homelessness as
  175  defined in s. 1003.01.
  176         e. Students covered under s. 504 of the Rehabilitation Act
  177  of 1973 and 29 U.S.C. s. 794.
  178         6. Each principal must annually compile the following
  179  information and submit such information to the Office of Safe
  180  Schools and the school district:
  181         a. The number of instances where corporal punishment was
  182  used during the school year.
  183         b. The number of students who were punished using corporal
  184  punishment during the school year.
  185         c. The number of students who were punished more than once
  186  using corporal punishment during the school year.
  187         Section 5. This act shall take effect July 1, 2024.