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