FLORIDA DEPARTMENT OF EDUCATION
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    STATE BOARD OF EDUCATION
    John L. Winn
    Commissioner of Education
    F. PHILIP HANDY,
    Chairman
    T. WILLARD FAIR,
    Vice Chairman
    Members
    DONNA G. CALLAWAY
    ROBERTO MARTÍNEZ
    PHOEBE RAULERSON
    KATHLEEN SHANAHAN
    LINDA K. TAYLOR
    MEMORANDUM
    Contact Information:
    TO:
    District
    Superintendents
    School
    Principals
    Lorraine Husum Allen/Matthew Guse
    (850) 245-0416/(850) 487-8989
    Lorraine.Allen@fldoe.org
    FROM:
    Cheri P. Yecke, Ph.D.
    Matthew.Guse@djj.state.fl.us
    K-12: 2006-102
    DATE:
    July 27, 2006
    SUBJECT: NOTIFICATION
    OF
    SCHOOL
    PERSONNEL OF STUDENTS CHARGED WITH
    CERTAIN FELONY OR DELINQUENT ACTS
    The purpose of this memorandum is twofold. First, it is to remind superintendents they must
    enter into an interagency agreement with the sheriff, the chief of police, and Department of
    Juvenile Justice for the purpose of sharing information about juvenile offenders among all
    parties, including appropriate school personnel. Second, upon notification by the
    superintendent, school principals must immediately notify classroom teachers when students
    charged with certain felonies or delinquent acts have been assigned to their classroom.
    Specifically, Section 985.04(3)(a) and (b), Florida Statutes, require:
    (a) “… Within each county, the sheriff, the chiefs of police, the district school
    superintendent, and the department shall enter into an interagency agreement for the
    purpose of sharing information about juvenile offenders among all parties. The
    agreement must specify the conditions under which summary criminal history
    information is to be made available to appropriate school personnel, and the conditions
    under which school records are to be made available to appropriate department
    personnel. Such agreement shall require notification to any classroom teacher of
    assignment to the teacher's classroom of a juvenile who has been placed in a probation
    or commitment program for a felony offense. The agencies entering into such
    agreement must comply with s. 943.0525, and must maintain the confidentiality of
    information that is otherwise exempt from s. 119.07(1), as provided by law.
    CHERI PIERSON YECKE, PH.D.
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    CHANCELLOR, K-12 PUBLIC SCHOOLS
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    325 W. GAINES STREET • SUITE 514 • TALLAHASSEE, FL 32399-0400 • (850) 245-0509 • www.fldoe.org
    NOTIFICATION OF SCHOOL PERSONNEL OF STUDENTS CHARGED WITH CERTAIN
    FELONY OR DELINQUENT ACTS
    July 21, 2006
    Page Two
    b) The department shall disclose to the school superintendent the presence of any child
    in the care and custody or under the jurisdiction or supervision of the department who
    has a known history of criminal sexual behavior with other juveniles; is an alleged
    juvenile sex offender, as defined in s. 39.01; or has pled guilty or nolo contendere to, or
    has been found to have committed, a violation of chapter 794, chapter 796, chapter 800,
    s. 827.071, or s. 847.0133, regardless of adjudication. Any employee of a district school
    board who knowingly and willfully discloses such information to an unauthorized person
    commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or
    s. 775.083.”
    Further, Section 985.04(7)(a) and (b), Florida Statutes, states:
    “(7)(a) Notwithstanding any other provision of this section, when a child of any age is
    taken into custody by a law enforcement officer for an offense that would have been a
    felony if committed by an adult, or a crime of violence, the law enforcement agency must
    notify the superintendent of schools that the child is alleged to have committed the
    delinquent act.
    (b) Notwithstanding paragraph (a) or any other provision of this section, when a child of
    any age is formally charged by a state attorney with a felony or a delinquent act that
    would be a felony if committed by an adult, the state attorney shall notify the
    superintendent of the child's school that the child has been charged with such felony or
    delinquent act. The information obtained by the superintendent of schools pursuant to
    this section must be released within 48 hours after receipt to appropriate school
    personnel, including the principal of the school of the child. The principal must
    immediately notify the child's immediate classroom teachers. Upon notification, the
    principal is authorized to begin disciplinary actions pursuant to s. 1006.09(1)-(4).”
    And, Section 985.04(8), Florida Statutes, further states:
    “Criminal history information made available to governmental agencies by the
    Department of Law Enforcement or other criminal justice agencies shall not be used for
    any purpose other than that specified in the provision authorizing the releases.”
    Please share this information with your School Resource Officer as well. Should you need
    additional information regarding the interagency agreements, please contact Matthew Guse.
    For any other information, please contact Lorraine Allen.
    CPY/lha
    cc:
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    District School Safety Contacts
    District School Police Chiefs

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