In the 2009 Legislative Session, Senate Bill 1540, “Zero-Tolerance Policies”, was passed and signed into law. This bill amends Sections 1002.20, 1006.09, and 1006.13, Florida Statutes, addressing discipline and safety in K-12 public schools.
The bill also provides legislative intent regarding zero-tolerance by providing that zero-tolerance policies are not intended to be rigorously applied to petty acts of misconduct and misdemeanors.School districts are encouraged to use alternatives to expulsion or referral to law enforcement agencies unless using such alternatives will pose a threat to school safety. To access the law, please click on the link below: http://laws.flrules.org/files/Ch_2009-053.pdf
With the original passing of Chapter 94-209, Laws of Florida, effective July 1, 1994, the Department of Education issued an emergency rule and then implemented Rule 6A-1.0404, F.A.C., to be effective on January 1, 1995. Since that time and with revisions to this law, the Florida Department of Education has made a determination to repeal Rule 6A-1.0404, F.A.C., based on the following:
? While the Department may have had authority to enact the rule in 1995, changes in administrative law and the actual substance of the zero tolerance law have changed in 14 years. Current law requires an agency to have a specific duty or action listed in the statute to carry out in rule.
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In the case of the current zero tolerance statutes, all of the duties detailed within this law fall to the school districts. Therefore, there are no grounds for the Department to create a rule that interprets anything not already mentioned in the statute.In the case of the current zero tolerance statutes, all of the duties detailed within this law fall to the school districts. Therefore, there are no grounds for the Department to create a rule that interprets anything not already mentioned in the statute.
The notice of rule repeal for Rule 6A-1.0404, F.A.C., will be published in the Florida Administrative Weekly (FAW). The Rule will be repealed within 20 days of approval by the State Board of Education. To access this information, please click on the link below:
https://www.flrules.org/Default.asp
To assist districts in complying with this law, the Florida Department of Education will provide technical assistance for the appropriate and accurate reporting of higher level offenses through the School Environmental Safety Incident Reporting (SESIR) system.
If you have questions or comments, please contact Brooks Rumenik, Director, Office of Safe Schools, by phone at (850) 245-0416, or via e-mail at Brooks.Rumenik@fldoe.org. We hope this information will be helpful in ensuring that your district complies with this new legislation.
DR. FRANCES HAITHCOCK CHANCELLOR OF PUBLIC SCHOOLS
325 W. G
AINES STREET •SUITE 1502 •TALLAHASSEE, FL 32399-0400 •(850) 245-0509 •
www.fldoe.org
