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The Florida Statutes

The 2001 Florida Statutes

Title XVI
Education
Chapter 230
District School System
View Entire Chapter
Section 230.235, Florida Statutes 2001

230.235  Policy of zero tolerance for crime and victimization.--

(1)  Each school district shall, pursuant to this section, adopt a policy of zero tolerance for:

(a)  Crime and substance abuse. Such a policy shall include the reporting of delinquent acts and crimes occurring whenever and wherever students are under the jurisdiction of the school district.

(b)  Victimization of students. Such a policy shall include taking all steps necessary to protect the victim of any violent crime from any further victimization.

(2)  The policy shall require students found to have committed one of the following offenses to 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 to be referred for criminal prosecution:

(a)  Bringing a firearm or weapon, as defined in chapter 790, to school, to any school function, or onto any school-sponsored transportation.

(b)  Making 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.

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. 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. If a student committing any of the offenses in this subsection is a student with a disability, the school district shall comply with procedures pursuant to 1s. 232.251 and any applicable state board rule.

(3)  Each school district shall enter into an agreement with the county sheriff's office or local police department specifying guidelines for ensuring that felonies and violent misdemeanors, whether committed by a student or adult, and delinquent acts that would be felonies or violent misdemeanors if committed by an adult, are reported to law enforcement. The cooperative agreement, adopted pursuant to s. 230.23161(14) with the Department of Juvenile Justice, shall specify guidelines for ensuring that all no contact orders entered by the court are reported and enforced and that all steps necessary are taken to protect the victim of any such crime. Such agreements shall include the role of school resource officers, if applicable, in handling reported incidents, special circumstances in which school officials may handle incidents without filing a report to law enforcement, and a procedure for ensuring that school personnel properly report appropriate delinquent acts and crimes. The school principal shall be responsible for ensuring that all school personnel are properly informed as to their responsibilities regarding crime reporting, that appropriate delinquent acts and crimes are properly reported, and that actions taken in cases with special circumstances are properly taken and documented.

History.--s. 18, ch. 97-234; s. 7, ch. 2000-235; s. 4, ch. 2001-125.

1Note.--Section 232.251 does not exist.

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