Senate Bill 2050c2
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By the Committees on Fiscal Policy, Education and Senators
Lee, Hargrett and Webster
309-2077-99
1 A bill to be entitled
2 An act relating to school safety and truancy
3 reduction; amending s. 230.23, F.S.; requiring
4 school improvement plans to include additional
5 issues; amending s. 230.2316, F.S.; providing
6 for a dropout prevention and academic
7 intervention program; revising intent of
8 program; revising eligibility criteria;
9 expanding eligible students to grades 1-12;
10 revising reporting requirements for district
11 evaluation; amending s. 231.085, F.S.;
12 requiring principals to ensure the accuracy and
13 timeliness of school reports; requiring
14 principals to provide staff training
15 opportunities; amending s. 231.17, F.S.;
16 providing for additional minimum competencies
17 for professional certification for certain
18 educators; creating s. 232.001, F.S.; allowing
19 the Manatee County District School Board to
20 raise the compulsory age of attendance for
21 children; providing requirements for the school
22 board if it chooses to participate in the pilot
23 project; providing for the applicability of
24 state law and State Board of Education rule;
25 providing an exception from the provisions
26 relating to a declaration of intent to
27 terminate school enrollment; requiring a study;
28 amending s. 232.17, F.S.; providing legislative
29 findings; placing responsibility on school
30 district superintendents for enforcing
31 attendance; establishing requirements for
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1 school board policies; revising the current
2 steps for enforcing regular school attendance;
3 requiring public schools to follow the steps;
4 establishing the requirements for school
5 principals, primary teachers, child study
6 teams, and parents; providing for parents to
7 appeal; allowing the superintendent to seek
8 criminal prosecution for parental
9 noncompliance; requiring the superintendent,
10 parent, or guardian to file certain petitions
11 involving ungovernable children in certain
12 circumstances; requiring the superintendent to
13 provide the court with certain evidence;
14 allowing for court enforcement for children who
15 refuse to comply; revising the notice
16 requirements to parents, guardians, or others;
17 eliminating a current condition for notice;
18 eliminating the option for referral to case
19 staffing committees; requiring the
20 superintendent to take steps to bring about
21 criminal prosecution and requiring related
22 notice; authorizing the superintendent to file
23 truancy petitions; allowing for the return of
24 absent children to additional locations;
25 requiring parental notification; amending s.
26 232.19, F.S., relating to habitual truancy;
27 authorizing superintendents to file truancy
28 petitions; requiring that a court order for
29 school attendance be obtained as a part of
30 services; revising the requirements that must
31 be met prior to filing a petition; amending s.
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1 232.26, F.S.; removing a limitation on the
2 principal's authority to discipline or expel
3 pupils for unlawful possession or use of
4 controlled substances under chapter 893, F.S.;
5 amending s. 232.271, F.S.; revising references;
6 amending s. 236.081, F.S.; amending procedures
7 that must be followed in determining the annual
8 allocation to each school district for
9 operation; requiring the average daily
10 attendance of the student membership to be
11 calculated by school and by district; revising
12 students-at-risk programs; amending s. 239.505,
13 F.S.; revising provisions relating to funding
14 of constructive youth programs; amending s.
15 240.529, F.S.; providing additional legislative
16 intent related to teacher preparation programs;
17 providing the criteria for continued program
18 approval; providing for the requirements for
19 instructors in postsecondary teacher
20 preparation programs who instruct or supervise
21 preservice field experience courses or
22 internships; eliminating the requirement
23 related to a commitment to teaching in the
24 public schools for a period of time; providing
25 additional requirements for school district and
26 instructional personnel who supervise or direct
27 certain teacher preparation students; amending
28 s. 984.03, F.S.; redefining the term "habitual
29 truant"; requiring the state attorney to file a
30 child-in-need-of-services petition in certain
31 circumstances; eliminating the requirement for
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1 referral for evaluation; defining the term
2 "truancy petition"; requiring the appropriate
3 jurisdictional agency to file a petition;
4 creating s. 984.151, F.S.; providing procedures
5 for truancy petitions; providing for truancy
6 hearings and penalties; providing an effective
7 date.
8
9 WHEREAS, the voters of the State of Florida, in the
10 1998 General Election, amended Article IX, section 1, of the
11 Florida Constitution to state that, "Adequate provision shall
12 be made by law for a ...safe, secure, and high quality system
13 of free public schools...," and
14 WHEREAS, House Bill 1309, a comprehensive school safety
15 and discipline package, was enacted by the Legislature in the
16 1997 Session, addressing dropouts, habitual truancy, zero
17 tolerance for crime, drugs, alcohol, and weapons, alternative
18 placement of disruptive students, and cooperative agreements
19 with local law enforcement for crime reporting, and
20 WHEREAS, the Legislature annually provides for
21 safe-schools appropriations to be used for after school
22 programs for middle school students, alternative programs for
23 adjudicated youth, school resource officers, and conflict
24 resolution strategies, and
25 WHEREAS, the enhancement of school safety should be
26 measured as an element of school performance and
27 accountability and improved crime and incident reporting, as
28 well as a heightened emphasis on character education in the
29 curriculum of the early grades, NOW, THEREFORE,
30
31 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. Paragraph (a) of subsection (16) of section
2 230.23, Florida Statutes, 1998 Supplement, is amended to read:
3 230.23 Powers and duties of school board.--The school
4 board, acting as a board, shall exercise all powers and
5 perform all duties listed below:
6 (16) IMPLEMENT SCHOOL IMPROVEMENT AND
7 ACCOUNTABILITY.--Maintain a system of school improvement and
8 education accountability as provided by statute and State
9 Board of Education rule. This system of school improvement and
10 education accountability shall be consistent with, and
11 implemented through, the district's continuing system of
12 planning and budgeting required by this section and ss.
13 229.555 and 237.041. This system of school improvement and
14 education accountability shall include, but not be limited to,
15 the following:
16 (a) School improvement plans.--Annually approve and
17 require implementation of a new, amended, or continuation
18 school improvement plan for each school in the district. Such
19 plan shall be designed to achieve the state education goals
20 and student performance standards pursuant to ss. 229.591(3)
21 and 229.592. Beginning in 1999-2000, each plan shall also
22 address issues relative to budget, training, instructional
23 materials, technology, staffing, student support services,
24 specific school safety and discipline strategies, and other
25 matters of resource allocation, as determined by school board
26 policy.
27 Section 2. Section 230.2316, Florida Statutes, 1998
28 Supplement, is amended to read:
29 230.2316 Dropout prevention.--
30 (1) SHORT TITLE.--This act may be cited as the
31 "Dropout Prevention and Academic Intervention Act."
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1 (2) INTENT.--The Legislature recognizes that a growing
2 proportion of young people are not making successful
3 transitions to productive adult lives. The Legislature further
4 recognizes that traditional education programs which do not
5 meet certain students' educational needs and interests may
6 cause these students to become unmotivated, fail, be truant,
7 be disruptive, or drop out of school. The Legislature finds
8 that a child who does not complete his or her education is
9 greatly limited in obtaining gainful employment, achieving his
10 or her full potential, and becoming a productive member of
11 society. Therefore, it is the intent of the Legislature to
12 authorize and encourage district school boards throughout the
13 state to develop and establish dropout prevention and academic
14 intervention activities designed to meet the needs of students
15 who do not perform well in traditional educational programs.
16 establish comprehensive dropout prevention programs. These
17 programs shall be designed to meet the needs of students who
18 are not effectively served by conventional education programs
19 in the public school system. It is further the intent of the
20 Legislature that cooperative agreements be developed among
21 school districts, other governmental and private agencies, and
22 community resources in order to implement innovative exemplary
23 programs aimed at reducing the number of students who do not
24 complete their education and increasing the number of students
25 who have a positive experience in school and obtain a high
26 school diploma.
27 (3) STUDENT ELIGIBILITY AND PROGRAM CRITERIA.--
28 (a) Dropout prevention and academic intervention
29 programs may shall differ from traditional education programs
30 and schools in scheduling, administrative structure,
31 philosophy, curriculum, or setting and shall employ
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1 alternative teaching methodologies, curricula, learning
2 activities, and or diagnostic and assessment procedures in
3 order to meet the needs, interests, abilities, and talents of
4 eligible students. The educational program shall provide
5 curricula, character development and law education as provided
6 in s. 233.0612, and related services which support the program
7 goals and lead to improved performance in the areas of
8 academic achievement, attendance, and discipline completion of
9 a high school diploma. Student participation in such programs
10 shall be voluntary. Districts may, however, assign students to
11 a program for disruptive students. The minimum period of time
12 during which the student participates in the program shall be
13 equivalent to two instructional periods per day unless the
14 program utilizes a student support and assistance component
15 rather than regularly scheduled courses.
16 (b) Students in grades 1-12 4-12 shall be eligible for
17 dropout prevention and academic intervention programs.
18 Eligible dropout prevention students shall be reported in the
19 appropriate basic cost factor for dropout prevention full-time
20 equivalent student membership in the Florida Education Finance
21 Program in standard dropout prevention classes or student
22 support and assistance components which provide academic
23 assistance and coordination of support services to students
24 enrolled full time in a regular classroom. The strategies and
25 supports provided to eligible students shall be funded through
26 the General Appropriations Act and may include, but are not
27 limited to those services identified on the student's academic
28 intervention plan. The student support and assistance
29 component shall include auxiliary services provided to
30 students or teachers, or both. Students participating in this
31
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1 model shall generate funding only for the time that they
2 receive extra services or auxiliary help.
3 (c) A student shall be identified as being eligible to
4 receive services funded through the dropout prevention and
5 academic intervention program a potential dropout based upon
6 one of the following criteria:
7 1. The student is academically unsuccessful as
8 evidenced by low test scores, retention, failing grades, low
9 grade-point-average, falling behind in earning credits, or not
10 meeting the state or district proficiency levels in reading,
11 mathematics, or writing.
12 2. The student has a pattern of excessive absenteeism
13 or has been identified as a habitual truant.
14 1. The student has shown a lack of motivation in
15 school through grades which are not commensurate with
16 documented ability levels or high absenteeism or habitual
17 truancy as defined in s. 228.041(28).
18 2. The student has not been successful in school as
19 determined by retentions, failing grades, or low achievement
20 test scores and has needs and interests that cannot be met
21 through traditional programs.
22 3. The student has been identified as a potential
23 school dropout by student services personnel using district
24 criteria. District criteria that are used as a basis for
25 student referral to an educational alternatives program shall
26 identify specific student performance indicators that the
27 educational alternative program seeks to address.
28 4. The student has documented drug-related or
29 alcohol-related problems, or has immediate family members with
30 documented drug-related or alcohol-related problems that
31 adversely affect the student's performance in school.
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1 3. 5. The student has a history of disruptive behavior
2 in school or has committed an offense that warrants
3 out-of-school suspension or expulsion from school according to
4 the district code of student conduct. For the purposes of this
5 program, "disruptive behavior" is behavior that:
6 a. Interferes with the student's own learning or the
7 educational process of others and requires attention and
8 assistance beyond that which the traditional program can
9 provide or results in frequent conflicts of a disruptive
10 nature while the student is under the jurisdiction of the
11 school either in or out of the classroom; or
12 b. Severely threatens the general welfare of students
13 or others with whom the student comes into contact.
14 6. The student is assigned to a program provided
15 pursuant to chapter 39, chapter 984, or chapter 985 which is
16 sponsored by a state-based or community-based agency or is
17 operated or contracted for by the Department of Children and
18 Family Services or the Department of Juvenile Justice.
19 (d)1. "Second chance schools" means school district
20 programs provided through cooperative agreements between the
21 Department of Juvenile Justice, private providers, state or
22 local law enforcement agencies, or other state agencies for
23 students who have been disruptive or violent or who have
24 committed serious offenses. As partnership programs, second
25 chance schools are eligible for waivers by the Commissioner of
26 Education from chapters 230-235 and 239 and State Board of
27 Education rules that prevent the provision of appropriate
28 educational services to violent, severely disruptive, or
29 delinquent students in small nontraditional settings or in
30 court-adjudicated settings.
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1 2. School districts seeking to enter into a
2 partnership with a private entity or public entity to operate
3 a second chance school for disruptive students may apply to
4 the Department of Education for start-up grants from the
5 Department of Education. These grants must be available for 1
6 year and must be used to offset the start-up costs for
7 implementing such programs off public school campuses. General
8 operating funds must be generated through the appropriate
9 programs of the Florida Education Finance Program. Grants
10 approved under this program shall be for the full operation of
11 the school by a private nonprofit or for-profit provider or
12 the public entity. This program must operate under rules
13 adopted by the Department of Education and must be implemented
14 to the extent funded by the Legislature.
15 3. 2. A student enrolled in a sixth, seventh, eighth,
16 ninth, or tenth grade class may be assigned to a second chance
17 school if the student meets the following criteria:
18 a. The student is a habitual truant as defined in s.
19 228.041(28).
20 b. The student's excessive absences have detrimentally
21 affected the student's academic progress and the student may
22 have unique needs that a traditional school setting may not
23 meet.
24 c. The student's high incidences of truancy have been
25 directly linked to a lack of motivation.
26 d. The student has been identified as at risk of
27 dropping out of school.
28 4. 3. A student who is habitually truant may be
29 assigned to a second chance school only if the case staffing
30 committee, established pursuant to s. 984.12, determines that
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1 such placement could be beneficial to the student and the
2 criteria included in subparagraph 2. are met.
3 5. 4. A student may be assigned to a second chance
4 school if the school district in which the student resides has
5 a second chance school and if the student meets one of the
6 following criteria:
7 a. The student habitually exhibits disruptive behavior
8 in violation of the code of student conduct adopted by the
9 school board.
10 b. The student interferes with the student's own
11 learning or the educational process of others and requires
12 attention and assistance beyond that which the traditional
13 program can provide, or, while the student is under the
14 jurisdiction of the school either in or out of the classroom,
15 frequent conflicts of a disruptive nature occur.
16 c. The student has committed a serious offense which
17 warrants suspension or expulsion from school according to the
18 district code of student conduct. For the purposes of this
19 program, "serious offense" is behavior which:
20 (I) Threatens the general welfare of students or
21 others with whom the student comes into contact;
22 (II) Includes violence;
23 (III) Includes possession of weapons or drugs; or
24 (IV) Is harassment or verbal abuse of school personnel
25 or other students.
26 6. 5. Prior to assignment of students to second chance
27 schools, school boards are encouraged to use alternative
28 programs, such as in-school suspension, which provide
29 instruction and counseling leading to improved student
30 behavior, a reduction in the incidence of truancy, and the
31 development of more effective interpersonal skills.
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1 7. 6. Students assigned to second chance schools must
2 be evaluated by the school's local child study team before
3 placement in a second chance school. The study team shall
4 ensure that students are not eligible for placement in a
5 program for emotionally disturbed children.
6 8. 7. Students who exhibit academic and social
7 progress and who wish to return to a traditional school shall
8 complete a character development and law education program, as
9 provided in s. 233.0612, and demonstrate preparedness to
10 reenter the regular school setting be evaluated by school
11 district personnel prior to reentering a traditional school.
12 8. Second chance schools shall be funded at the
13 dropout prevention program weight pursuant to s. 236.081 and
14 may receive school safety funds or other funds as appropriate.
15 (4) PROGRAM IMPLEMENTATION.--
16 (a) Each district may establish one or more
17 alternative programs for dropout prevention and academic
18 intervention programs at the elementary, middle, junior high
19 school, or high school level. Programs designed to eliminate
20 patterns of excessive absenteeism, or habitual truancy shall
21 emphasize academic performance and may provide specific
22 instruction in the areas of vocational education,
23 preemployment training, and behavioral management. Such
24 programs shall utilize instructional teaching methods
25 appropriate to the specific needs of the student.
26 (b) Each school that establishes or continues a
27 dropout prevention and academic intervention program at that
28 school site shall reflect that program in the school
29 improvement plan as required under s. 230.23(16).
30 (c) Districts may modify courses listed in the State
31 Course Code Directory for the purpose of providing dropout
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1 prevention programs pursuant to the provisions of this
2 section.
3 (5) EVALUATION.--Each school district receiving state
4 funding for dropout prevention and academic intervention
5 programs through the General Appropriations Act Florida
6 Education Finance Program shall submit information through an
7 annual report to the Department of Education's database
8 documenting the extent to which each of the district's dropout
9 prevention and academic intervention programs has been
10 successful in the areas of graduation rate, dropout rate,
11 attendance rate, and retention/promotion rate. The department
12 shall compile this information into an annual report which
13 shall be submitted to the presiding officers of the
14 Legislature by February 15.
15 (6) STAFF DEVELOPMENT.--Each school district shall
16 establish procedures for ensuring that teachers assigned to
17 dropout prevention and academic intervention programs possess
18 the affective, pedagogical, and content-related skills
19 necessary to meet the needs of these at-risk students. Each
20 school board shall also ensure that adequate staff development
21 activities are available for dropout prevention staff and that
22 dropout prevention staff participate in these activities.
23 (7) RECORDS.--Each district providing a program for
24 dropout prevention and academic intervention program pursuant
25 to the provisions of this section shall maintain for each
26 participating student for whom funding is generated through
27 the Florida Education Finance Program records documenting the
28 student's eligibility, the length of participation, the type
29 of program to which the student was assigned or the type of
30 academic intervention services provided, and an evaluation of
31 the student's academic and behavioral performance while in the
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1 program. The parents or guardians of a student assigned to
2 such a dropout prevention and academic intervention program
3 shall be notified in writing and entitled to an administrative
4 review of any action by school personnel relating to such
5 placement pursuant to the provisions of chapter 120.
6 (8) COORDINATION WITH OTHER AGENCIES.--School district
7 dropout prevention and academic intervention programs shall be
8 coordinated with social service, law enforcement,
9 prosecutorial, and juvenile justice agencies and juvenile
10 assessment centers in the school district. Notwithstanding the
11 provisions of s. 228.093, these agencies are authorized to
12 exchange information contained in student records and juvenile
13 justice records. Such information is confidential and exempt
14 from the provisions of s. 119.07(1). School districts and
15 other agencies receiving such information shall use the
16 information only for official purposes connected with the
17 certification of students for admission to and for the
18 administration of the dropout prevention and academic
19 intervention program, and shall maintain the confidentiality
20 of such information unless otherwise provided by law or rule.
21 (9) RULES.--The Department of Education shall have the
22 authority pursuant to ss. 120.536(1) and 120.54 to adopt any
23 rules necessary to implement the provisions of this section;
24 such rules shall require the minimum amount of necessary
25 paperwork and reporting necessary to comply with this act.
26 Section 3. Section 231.085, Florida Statutes, is
27 amended to read:
28 231.085 Duties of principals.--A district school board
29 shall employ, through written contract, public school
30 principals who shall supervise the operation and management of
31 the schools and property as the board determines necessary.
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1 Each principal shall perform such duties as may be assigned by
2 the superintendent pursuant to the rules of the school board.
3 Such rules shall include, but not be limited to, rules
4 relating to administrative responsibility, instructional
5 leadership of the educational program of the school to which
6 the principal is assigned, submission of personnel
7 recommendations to the superintendent, administrative
8 responsibility for records and reports, administration of
9 corporal punishment, and student suspension. Each principal
10 shall provide leadership in the development or revision and
11 implementation of a school improvement plan pursuant to s.
12 230.23(16). Each principal must make the necessary provisions
13 to ensure that all school reports are accurate and timely, and
14 must provide the necessary training opportunities for staff to
15 accurately report attendance, FTE program participation,
16 student performance, teacher appraisal, and school safety and
17 discipline data.
18 Section 4. Paragraph (a) of subsection (5) of section
19 231.17, Florida Statutes, 1998 Supplement, is amended to read:
20 231.17 Official statements of eligibility and
21 certificates granted on application to those meeting
22 prescribed requirements.--
23 (5) MINIMUM COMPETENCIES FOR PROFESSIONAL
24 CERTIFICATE.--
25 (a) The state board must specify, by rule, the minimum
26 essential competencies that educators must possess and
27 demonstrate in order to qualify to teach students the
28 standards of student performance adopted by the state board.
29 The minimum competencies must include but are not limited to
30 the ability to:
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1 1. Write in a logical and understandable style with
2 appropriate grammar and sentence structure.
3 2. Read, comprehend, and interpret professional and
4 other written material.
5 3. Comprehend and work with fundamental mathematical
6 concepts.
7 4. Recognize signs of severe emotional distress in
8 students and apply techniques of crisis intervention with an
9 emphasis on suicide prevention and positive emotional
10 development.
11 5. Recognize signs of alcohol and drug abuse in
12 students and apply counseling techniques with emphasis on
13 intervention and prevention of future abuse.
14 6. Recognize the physical and behavioral indicators of
15 child abuse and neglect, know rights and responsibilities
16 regarding reporting, know how to care for a child's needs
17 after a report is made, and know recognition, intervention,
18 and prevention strategies pertaining to child abuse and
19 neglect which can be related to children in a classroom
20 setting in a nonthreatening, positive manner.
21 7. Comprehend patterns of physical, social, and
22 academic development in students, including exceptional
23 students in the regular classroom, and counsel these students
24 concerning their needs in these areas.
25 8. Recognize and be aware of the instructional needs
26 of exceptional students.
27 9. Comprehend patterns of normal development in
28 students and employ appropriate intervention strategies for
29 disorders of development.
30 10. Identify and comprehend the codes and standards of
31 professional ethics, performance, and practices adopted
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1 pursuant to s. 231.546(2)(b), the grounds for disciplinary
2 action provided by s. 231.28, and the procedures for resolving
3 complaints filed pursuant to this chapter, including appeal
4 processes.
5 11. Recognize and demonstrate awareness of the
6 educational needs of students who have limited proficiency in
7 English and employ appropriate teaching strategies.
8 12. Use appropriate technology in teaching and
9 learning processes.
10 13. Use assessment strategies to assist the continuous
11 development of the learner.
12 14. Use teaching and learning strategies that include
13 considering each student's culture, learning styles, special
14 needs, and socioeconomic background.
15 15. Demonstrate knowledge and understanding of the
16 subject matter that is aligned with the subject knowledge and
17 skills specified in the student performance standards approved
18 by the state board.
19 16. Demonstrate knowledge and skill in managing
20 student behavior inside and outside a classroom setting. Such
21 knowledge and skill must include techniques for preventing and
22 effectively intervening in incidents of disruptive or violent
23 behavior.
24 17. Recognize the early signs of truancy in students
25 and identify effective interventions to avoid or resolve
26 nonattendance behavior.
27 Section 5. Section 232.001, Florida Statutes, is
28 created to read:
29 232.001 Pilot project.--It is the purpose of this
30 section to authorize the Manatee County District School Board
31 to implement a pilot project that raises the compulsory age of
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1 attendance for children from the age of 16 years to the age of
2 18 years. The pilot project applies to each child who has not
3 attained the age of 16 years by September 30 of the school
4 year in which a school board policy is adopted.
5 (1) Beginning July 1, 1999, the Manatee County
6 District School Board may implement a pilot project consistent
7 with policy adopted by the school board to raise the
8 compulsory age of attendance for children from the age of 16
9 years to the age of 18 years.
10 (2) If the district school board chooses to
11 participate in the pilot project, the district school board
12 must, before the beginning of the school year, adopt a policy
13 for raising the compulsory age of attendance for children from
14 the age of 16 years to 18 years.
15 (a) Before the adoption of the policy, the district
16 school board must provide a notice of intent to adopt a policy
17 to raise the compulsory age of attendance for children from
18 the age of 16 years to the age of 18 years. The notice must be
19 provided to the parent or legal guardian of each child who is
20 15 years of age and who is enrolled in a school in the
21 district.
22 (b) Within 2 weeks after adoption of the school board
23 policy, the district school board must provide notice of the
24 policy to the parent or legal guardian of each child who is 15
25 years of age and who is enrolled in a school in the district.
26 The notice must also provide information related to the
27 penalties for refusing or failing to comply with the
28 compulsory attendance requirements and information on
29 alternative education programs offered within the school
30 district.
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1 (3) All state laws and State Board of Education rules
2 related to students subject to compulsory school attendance
3 apply to the district school board if it chooses to
4 participate in a pilot project. Notwithstanding the provisions
5 of s. 232.01, the formal declaration of intent to terminate
6 school enrollment does not apply to the district school board
7 if it chooses to participate in a pilot project.
8 (4) If the district school board chooses to
9 participate in the pilot project, the school board must
10 evaluate the effect of its adopted policy raising the
11 compulsory age of attendance on school attendance and on the
12 school district's dropout rate, as well as on the costs
13 associated with the pilot project. The school district shall
14 report its findings to the President of the Senate, the
15 Speaker of the House of Representatives, the minority leader
16 of each house, the Governor, and the Commissioner of Education
17 not later than August 1 following each year that the pilot
18 project is in operation.
19 Section 6. Section 232.17, Florida Statutes, 1998
20 Supplement, is amended to read:
21 232.17 Enforcement of school attendance.--The
22 Legislature finds that poor academic performance is associated
23 with nonattendance and that schools must take an active role
24 in enforcing attendance as a means of improving the
25 performance of many students. It is the policy of the state
26 that the superintendent of each school district be responsible
27 for enforcing school attendance of all children and youth
28 subject to the compulsory school age in the school district.
29 The responsibility includes recommending to the school board
30 policies and procedures to ensure that schools respond in a
31 timely manner to every unexcused absence or absence for which
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1 the reason is unknown of students enrolled in the schools.
2 School board policies must require each parent or guardian of
3 a student to justify each absence of the student, and that
4 justification will be evaluated based on adopted school board
5 policies that define excused and unexcused absences. The
6 policies must provide that schools track excused and unexcused
7 absences and contact the home in the case of an unexcused
8 absence from school or an absence from school for which the
9 reason is unknown to prevent the development of patterns of
10 nonattendance. The Legislature finds that early intervention
11 in school attendance matters is the most effective way of
12 producing good attendance habits that will lead to improved
13 student learning and achievement. Each public school shall
14 implement the following steps to enforce regular school
15 attendance:
16 (1) CONTACT, REFER, AND ENFORCE.--
17 (a) Upon each unexcused absence or absence for which
18 the reason is unknown, the school principal or his or her
19 designee shall contact the home to determine the reason for
20 the absence. If the absence is an excused absence, as defined
21 by school board policy, the school shall provide opportunities
22 for the student to make up assigned work and not receive an
23 academic penalty unless the work is not made up within a
24 reasonable time.
25 (b) If a student has had at least five unexcused
26 absences or absences for which the reasons are unknown within
27 a calendar month or ten unexcused absences or absences for
28 which the reasons are unknown within a 90-calendar-day period,
29 the student's primary teacher shall report to the school
30 principal or his or her designee that the student may be
31 exhibiting a pattern of nonattendance. The principal shall,
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1 unless there is clear evidence that the absences are not a
2 pattern of nonattendance, refer the case to the school's child
3 study team to determine if early patterns of truancy are
4 developing. If the child study team finds that a pattern of
5 nonattendance is developing, whether the absences are excused
6 or not, a meeting with the parent must be scheduled to
7 identify potential remedies.
8 (c) If an initial meeting does not resolve the
9 problem, the child study team shall implement interventions
10 that best address the problem. The interventions may include,
11 but need not be limited to:
12 1. Frequent communication between the teacher and the
13 family;
14 2. Changes in the learning environment;
15 3. Mentoring;
16 4. Student counseling;
17 5. Tutoring, including peer tutoring;
18 6. Placement into different classes;
19 7. Evaluation for alternative education programs;
20 8. Attendance contracts;
21 9. Referral to other agencies for family services; or
22 10. Other interventions.
23 (d) The child study team shall be diligent in
24 facilitating intervention services and shall report the case
25 to the superintendent only when all reasonable efforts to
26 resolve the nonattendance behavior are exhausted.
27 (e) If the parent, guardian, or other person in charge
28 of the child refuses to participate in the remedial strategies
29 because he or she believes that those strategies are
30 unnecessary or inappropriate, the parent, guardian, or other
31 person in charge of the child may appeal to the school board.
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1 The school board may provide a hearing officer and the hearing
2 officer shall make a recommendation for final action to the
3 board. If the board's final determination is that the
4 strategies of the child study team are appropriate, and the
5 parent, guardian, or other person in charge of the child still
6 refuses to participate or cooperate, the superintendent may
7 seek criminal prosecution for noncompliance with compulsory
8 school attendance.
9 (f) If a child subject to compulsory school attendance
10 will not comply with attempts to enforce school attendance,
11 the parent, the guardian, or the superintendent or his or her
12 designee shall refer the case to the case-staffing committee
13 pursuant to s. 984.12, and the superintendent or his or her
14 designee may file a truancy petition pursuant to the
15 procedures in s. 984.151. Pursuant to procedures established
16 by the district school board, a designated school
17 representative must complete activities designed to determine
18 the cause and attempt the remediation of truant behavior, as
19 provided in this section.
20 (1) INVESTIGATE NONENROLLMENT AND UNEXCUSED
21 ABSENCES.--A designated school representative shall
22 investigate cases of nonenrollment and unexcused absences from
23 school of all children subject to compulsory school
24 attendance.
25 (2) GIVE WRITTEN NOTICE.--
26 (a) Under the direction of the superintendent, a
27 designated school representative shall give written notice, in
28 person or by return-receipt mail, to the parent, guardian, or
29 other person having control when no valid reason is found for
30 a child's nonenrollment in school which requires or when the
31 child has a minimum of 3 but fewer than 6 unexcused absences
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1 within 90 calendar days, requiring enrollment or attendance
2 within 3 days after the date of notice. If the notice and
3 requirement are ignored, the designated school representative
4 shall report the case to the superintendent, and may refer the
5 case to the case-staffing case staffing committee, established
6 pursuant to s. 984.12, if the conditions of s. 232.19(3) have
7 been met. The superintendent shall may take such steps as are
8 necessary to bring criminal prosecution against the parent,
9 guardian, or other person having control.
10 (b) Subsequent to the activities required under
11 subsection (1), the superintendent or his or her designee
12 shall give written notice in person or by return-receipt mail
13 to the parent, guardian, or other person in charge of the
14 child that criminal prosecution is being sought for
15 nonattendance. The superintendent may file a truancy petition,
16 as defined in s. 984.03, following the procedures outlined in
17 s. 984.151.
18 (3) RETURN CHILD TO PARENT.--A designated school
19 representative shall visit the home or place of residence of a
20 child and any other place in which he or she is likely to find
21 any child who is required to attend school when such child is
22 not enrolled or is absent from school during school hours
23 without an excuse, and, when the child is found, shall return
24 the child to his or her parent or to the principal or teacher
25 in charge of the school, or to the private tutor from whom
26 absent, or to the juvenile assessment center or other location
27 established by the school board to receive students who are
28 absent from school. Upon receipt of the student, the parent
29 shall be immediately notified.
30 (4) REPORT TO THE DIVISION OF JOBS AND BENEFITS.--A
31 designated school representative shall report to the Division
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1 of Jobs and Benefits of the Department of Labor and Employment
2 Security or to any person acting in similar capacity who may
3 be designated by law to receive such notices, all violations
4 of the Child Labor Law that may come to his or her knowledge.
5 (5) RIGHT TO INSPECT.--A designated school
6 representative shall have the same right of access to, and
7 inspection of, establishments where minors may be employed or
8 detained as is given by law to the Division of Jobs and
9 Benefits only for the purpose of ascertaining whether children
10 of compulsory school age are actually employed there and are
11 actually working there regularly. The designated school
12 representative shall, if he or she finds unsatisfactory
13 working conditions or violations of the Child Labor Law,
14 report his or her findings to the Division of Jobs and
15 Benefits or its agents.
16 (6) RESUMING SERIES.--If a child repeats a pattern of
17 nonattendance within one school year, the designated school
18 representative shall resume the series of escalating
19 activities at the point at which he or she had previously left
20 off.
21 Section 7. Subsection (3) of section 232.19, Florida
22 Statutes, 1998 Supplement, is amended to read:
23 232.19 Court procedure and penalties.--The court
24 procedure and penalties for the enforcement of the provisions
25 of this chapter, relating to compulsory school attendance,
26 shall be as follows:
27 (3) HABITUAL TRUANCY CASES.--The superintendent is
28 authorized to file a truancy petition, as defined in s.
29 984.03, following the procedures outlined in s. 984.151. If
30 the superintendent chooses not to file a truancy petition,
31 procedures for filing a child-in-need-of-services petition
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1 shall be commenced pursuant to this subsection and chapter
2 984. In accordance with procedures established by the district
3 school board, the designated school representative shall refer
4 a student who is habitually truant and the student's family to
5 the children-in-need-of-services and
6 families-in-need-of-services provider or the case staffing
7 committee, established pursuant to s. 984.12, as determined by
8 the cooperative agreement required in this section. The case
9 staffing committee may request the Department of Juvenile
10 Justice or its designee to file a child-in-need-of-services
11 petition based upon the report and efforts of the school
12 district or other community agency or may seek to resolve the
13 truant behavior through the school or community-based
14 organizations or agencies. Prior to and subsequent to the
15 filing of a child-in-need-of-services petition due to habitual
16 truancy, the appropriate governmental agencies must allow a
17 reasonable time to complete actions required by this section
18 and s. 232.17 subsection to remedy the conditions leading to
19 the truant behavior. The following criteria must be met and
20 documented in writing Prior to the filing of a petition, the
21 school district must have complied with the requirements of s.
22 232.17, and those efforts must have been unsuccessful.:
23 (a) The child must have 15 unexcused absences within
24 90 calendar days with or without the knowledge or consent of
25 the child's parent or legal guardian, must be subject to
26 compulsory school attendance, and must not be exempt under s.
27 232.06, s. 232.09, or any other exemption specified by law or
28 the rules of the State Board of Education.
29 (b) In addition to the actions described in s. 232.17,
30 the school administration must have completed the following
31
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1 activities to determine the cause, and to attempt the
2 remediation, of the child's truant behavior:
3 1. After a minimum of 3 and prior to 6 unexcused
4 absences within 90 calendar days, one or more meetings must
5 have been held, either in person or by phone, between a
6 designated school representative, the child's parent or
7 guardian, and the child, if necessary, to report and to
8 attempt to solve the truancy problem. However, if the
9 designated school representative has documented the refusal of
10 the parent or guardian to participate in the meetings, this
11 requirement has been met.
12 2. Educational counseling must have been provided to
13 determine whether curriculum changes would help solve the
14 truancy problem, and, if any changes were indicated, such
15 changes must have been instituted but proved unsuccessful in
16 remedying the truant behavior. Such curriculum changes may
17 include enrollment of the child in a dropout prevention
18 program that meets the specific educational and behavioral
19 needs of the child, including a second chance school, as
20 provided for in s. 230.2316, designed to resolve truant
21 behavior.
22 3. Educational evaluation, which may include
23 psychological evaluation, must have been provided to assist in
24 determining the specific condition, if any, that is
25 contributing to the child's nonattendance. The evaluation
26 must have been supplemented by specific efforts by the school
27 to remedy any diagnosed condition.
28
29 If a child who is subject to compulsory school attendance is
30 responsive to the interventions described in this paragraph
31 and has completed the necessary requirements to pass the
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1 current grade as indicated in the district pupil progression
2 plan, the child shall be passed.
3 Section 8. Subsection (3) of section 232.26, Florida
4 Statutes, is amended to read:
5 232.26 Authority of principal.--
6 (3) A pupil may be disciplined or expelled for
7 unlawful possession or use of any substance controlled under
8 chapter 893 upon the third violation of this provision.
9 Section 9. Subsection (3) of section 232.271, Florida
10 Statutes, is amended to read:
11 232.271 Removal by teacher.--
12 (3) If a teacher removes a student from class under
13 subsection (2), the principal may place the student in another
14 appropriate classroom, in in-school suspension, or in a
15 dropout prevention and academic intervention program as
16 provided by s. 230.2316; or the principal may recommend the
17 student for out-of-school suspension or expulsion, as
18 appropriate. The student may be prohibited from attending or
19 participating in school-sponsored or school-related
20 activities. The principal may not return the student to that
21 teacher's class without the teacher's consent unless the
22 committee established under s. 232.272 determines that such
23 placement is the best or only available alternative. The
24 teacher and the placement review committee must render
25 decisions within 5 days of the removal of the student from the
26 classroom.
27 Section 10. Effective July 1, 1999, paragraphs (a) and
28 (c) of section 236.081, Florida Statutes, 1998 Supplement, are
29 amended to read:
30 236.081 Funds for operation of schools.--If the annual
31 allocation from the Florida Education Finance Program to each
27
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1 district for operation of schools is not determined in the
2 annual appropriations act or the substantive bill implementing
3 the annual appropriations act, it shall be determined as
4 follows:
5 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
6 OPERATION.--The following procedure shall be followed in
7 determining the annual allocation to each district for
8 operation:
9 (a) Determination of full-time equivalent
10 membership.--During each of several school weeks, including
11 scheduled intersessions of a year-round school program during
12 the fiscal year, a program membership survey of each school
13 shall be made by each district by aggregating the full-time
14 equivalent student membership of each program by school and by
15 district. The department shall establish the number and
16 interval of membership calculations, except that for basic and
17 special programs such calculations shall not exceed nine for
18 any fiscal year. The district's full-time equivalent
19 membership shall be computed and currently maintained in
20 accordance with regulations of the commissioner. Beginning
21 with school year 1999-2000, each school district shall also
22 document the daily attendance of each student in membership by
23 school and by district. An average daily attendance factor
24 shall be computed by dividing the total daily attendance of
25 all students by the total number of students in membership and
26 then by the number of days in the regular school year.
27 Beginning with school year 2001-2002, the district's full-time
28 equivalent membership shall be adjusted by multiplying by the
29 average daily attendance factor.
30 (c) Determination of programs.--Cost factors based on
31 desired relative cost differences between the following
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1 programs shall be established in the annual General
2 Appropriations Act. The Commissioner of Education shall
3 specify a matrix of services and intensity levels to be used
4 by districts in the determination of funding support for each
5 exceptional student. The funding support level for each
6 exceptional student shall fund the exceptional student's total
7 education program.
8 1. Basic programs.--
9 a. Kindergarten and grades 1, 2, and 3.
10 b. Grades 4, 5, 6, 7, and 8.
11 c. Grades 9, 10, 11, and 12.
12 2. Programs for exceptional students.--
13 a. Support Level I.
14 b. Support Level II.
15 c. Support Level III.
16 d. Support Level IV.
17 e. Support Level V.
18 3. Secondary career education programs.--
19 4. Students-at-risk programs.--
20 a. Department of Juvenile Justice clients Dropout
21 prevention and teenage parents.
22 b. English for Speakers of Other Languages.
23 Section 11. Paragraph (a) of subsection (4) of section
24 239.505, Florida Statutes, is amended to read:
25 239.505 Florida Constructive Youth Programs.--
26 (4) FUNDING.--Each district school board or community
27 college board of trustees wishing to implement a constructive
28 youth program must submit a comprehensive plan to the
29 Department of Education no later than October 1 of the
30 preceding school year, which plan must include a list of all
31 funding sources, including, but not limited to:
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1 (a) Funds available for programs authorized under the
2 Dropout Prevention and Academic Intervention Act, as provided
3 in s. 230.2316, and Dropout prevention programs funded
4 pursuant to the provisions of s. 236.081(1)(c).
5 Section 12. Subsection (1), paragraph (b) of
6 subsection (4), and paragraphs (a) and (b) of subsection (5)
7 of section 240.529, Florida Statutes, are amended to read:
8 240.529 Public accountability and state approval for
9 teacher preparation programs.--
10 (1) INTENT.--The Legislature recognizes that skilled
11 teachers make an the most important contribution to a quality
12 educational system that allows students to obtain a
13 high-quality education and that competent teachers are
14 produced by effective and accountable teacher preparation
15 programs. The intent of the Legislature is to establish a
16 system for development and approval of teacher preparation
17 programs that will free postsecondary teacher preparation
18 institutions to employ varied and innovative teacher
19 preparation techniques while being held accountable for
20 producing teachers with the competencies and skills for
21 achieving the state education goals of helping students meet
22 high standards for student achievement, providing safe and
23 secure classroom learning environments, and sustaining the
24 state system of school improvement and education
25 accountability established pursuant to ss. 229.591, 229.592,
26 and 229.593.
27 (4) CONTINUED PROGRAM APPROVAL.--Notwithstanding
28 subsection (3), failure by a public or nonpublic teacher
29 preparation program to meet the criteria for continued program
30 approval shall result in loss of program approval. The
31 Department of Education, in collaboration with the departments
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1 and colleges of education, shall develop procedures for
2 continued program approval which document the continuous
3 improvement of program processes and graduates' performance.
4 (b) Additional criteria for continued program approval
5 for public institutions may be developed by the Education
6 Standards Commission and approved by the State Board of
7 Education. Such criteria must emphasize outcome measures of
8 student performance in the areas of classroom management and
9 improving the performance of students who have traditionally
10 failed to meet student achievement goals and have been
11 overrepresented in school suspensions and other disciplinary
12 actions, and may include, but need not be limited to, program
13 graduates' satisfaction with training and the unit's
14 responsiveness to local school districts. Additional criteria
15 for continued program approval for nonpublic institutions
16 shall be developed in the same manner as for public
17 institutions; however, such criteria must be based upon
18 significant, objective, and quantifiable graduate performance
19 measures. Responsibility for collecting data on outcome
20 measures through survey instruments and other appropriate
21 means shall be shared by the institutions of higher education,
22 the Board of Regents, the State Board of Independent Colleges
23 and Universities, and the Department of Education. By January
24 1 of each year, the Department of Education, in cooperation
25 with the Board of Regents and the State Board of Independent
26 Colleges and Universities, shall report this information for
27 each postsecondary institution that has state-approved
28 programs of teacher education to the Governor, the
29 Commissioner of Education, the Chancellor of the State
30 University System, the President of the Senate, the Speaker of
31 the House of Representatives, all Florida postsecondary
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1 teacher preparation programs, and interested members of the
2 public. This report must analyze the data and make
3 recommendations for improving teacher preparation programs in
4 the state.
5 (5) PRESERVICE FIELD EXPERIENCE.--All postsecondary
6 instructors, school district personnel and instructional
7 personnel, and school sites preparing instructional personnel
8 through preservice field experience courses and internships
9 shall meet special requirements.
10 (a) All instructors in postsecondary teacher
11 preparation programs who instruct or supervise preservice
12 field experience courses or internships shall have at least
13 one of the following: specialized training in clinical
14 supervision; a valid professional teaching certificate
15 pursuant to ss. 231.17 and 231.24; or at least 3 years of
16 successful teaching experience in prekindergarten through
17 grade 12; or a commitment to spend periods of time specified
18 by State Board of Education rule teaching in the public
19 schools.
20 (b) All school district personnel and instructional
21 personnel who supervise or direct teacher preparation students
22 during field experience courses or internships must have
23 evidence of "clinical educator" training, successfully
24 demonstrated effective classroom management strategies, and
25 consistently improved student performance. The Education
26 Standards Commission shall recommend, and the state board
27 shall approve, the training requirements.
28 Section 13. Subsection (29) of section 984.03, Florida
29 Statutes, 1998 Supplement, is amended, present subsection (57)
30 of that section is redesignated as subsection (58), and a new
31 subsection (57) is added to that section, to read:
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1 984.03 Definitions.--When used in this chapter, the
2 term:
3 (29) "Habitually truant" means that:
4 (a) The child has 15 unexcused absences within 90
5 calendar days with or without the knowledge or justifiable
6 consent of the child's parent or legal guardian, is subject to
7 compulsory school attendance under s. 232.01, and is not
8 exempt under s. 232.06, s. 232.09, or any other exemptions
9 specified by law or the rules of the State Board of Education.
10 (b) Escalating Activities to determine the cause, and
11 to attempt the remediation, of the child's truant behavior
12 under ss. 232.17 and 232.19 have been completed.
13
14 If a child who is subject to compulsory school attendance is
15 responsive to the interventions described in ss. 232.17 and
16 232.19 and has completed the necessary requirements to pass
17 the current grade as indicated in the district pupil
18 progression plan, the child shall not be determined to be
19 habitually truant and shall be passed. If a child within the
20 compulsory school attendance age has 15 unexcused absences
21 within 90 calendar days or fails to enroll in school, the
22 State Attorney may, or the appropriate jurisdictional agency
23 shall, file a child-in-need-of-services petition if
24 recommended by the case-staffing committee, unless it is
25 determined that another alternative action is preferable.
26 Prior to filing a petition, the child must be referred to the
27 appropriate agency for evaluation. After consulting with the
28 evaluating agency, the State Attorney may elect to file a
29 child-in-need-of-services petition.
30 (c) A school representative, designated according to
31 school board policy, and a juvenile probation officer of the
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1 Department of Juvenile Justice have jointly investigated the
2 truancy problem or, if that was not feasible, have performed
3 separate investigations to identify conditions that may be
4 contributing to the truant behavior; and if, after a joint
5 staffing of the case to determine the necessity for services,
6 such services were determined to be needed, the persons who
7 performed the investigations met jointly with the family and
8 child to discuss any referral to appropriate community
9 agencies for economic services, family or individual
10 counseling, or other services required to remedy the
11 conditions that are contributing to the truant behavior.
12 (d) The failure or refusal of the parent or legal
13 guardian or the child to participate, or make a good faith
14 effort to participate, in the activities prescribed to remedy
15 the truant behavior, or the failure or refusal of the child to
16 return to school after participation in activities required by
17 this subsection, or the failure of the child to stop the
18 truant behavior after the school administration and the
19 Department of Juvenile Justice have worked with the child as
20 described in s. 232.19(3) and (4) shall be handled as
21 prescribed in s. 232.19.
22 (57) "Truancy petition" means a petition filed by the
23 school superintendent alleging that a student subject to
24 compulsory school attendance has had more than 15 unexcused
25 absences in a 90-calendar-day period. A truancy petition is
26 filed and processed under s. 984.151.
27 Section 14. Section 984.151, Florida Statutes, is
28 created to read:
29 984.151 Truancy petition; prosecution; disposition.--
30 (1) If the school determines that a student subject to
31 compulsory school attendance has had more than 15 unexcused
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1 absences in a 90-calendar-day period, the superintendent may
2 file a truancy petition.
3 (2) The petition shall be filed in the circuit where
4 the student is enrolled in school.
5 (3) Original jurisdiction to hear a truancy petition
6 shall be in the circuit court; however, the circuit court may
7 use a general or special master pursuant to Supreme Court
8 rules.
9 (4) The petition must contain the following: the
10 name, age, and address of the student; the name and address of
11 the student's parent or guardian; the school where the student
12 is enrolled; the efforts the school has made to get the
13 student to attend school; the number of out-of-school contacts
14 between the school system and student's parent or guardian;
15 and the number of days and dates of days the student has
16 missed school. The petition shall be sworn to by the
17 superintendent or his or her designee.
18 (5) Once the petition is filed, the court shall hear
19 the petition within 30 days.
20 (6) The student and the student's parent or guardian
21 shall attend the hearing.
22 (7) If the court determines that the student did miss
23 any of the alleged days, the court shall order the student to
24 attend school and the parent to ensure that the student
25 attends school, and may order any of the following: the
26 student to participate in alternative sanctions to include
27 mandatory attendance at alternative classes to be followed by
28 mandatory community services hours for a period up to 6
29 months; the student and the student's parent or guardian to
30 participate in homemaker or parent aide services; the student
31 or the student's parent or guardian to participate in
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1 intensive crisis counseling; the student or the student's
2 parent or guardian to participate in community mental health
3 services if available and applicable; the student and the
4 student's parent or guardian to participate in service
5 provided by voluntary or community agencies as available; and
6 the student or the student's parent or guardian to participate
7 in vocational, job training, or employment services.
8 (8) If the student does not successfully complete the
9 sanctions ordered in subsection (7), the case shall be
10 referred to the case staffing committee under s. 984.12 with a
11 recommendation to file a child-in-need-of-services petition
12 under s. 984.15.
13 Section 15. Except as otherwise provided in this act,
14 this act shall take effect upon becoming a law.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 CS/SB 2050
3
4 The committee substitute for the committee substitute makes
the following changes:
5
Renames the "Dropout Prevention Act" as the Dropout Prevention
6 and Academic Intervention Act" and makes conforming changes to
various provisions of law;
7
Incorporates reference to the renamed program into the
8 provisions of ss. 232.271, F.S., and 239.505, F.S.;
9 Revises the method of funding dropout prevention students in
the FEFP and revises the current eligibility criteria for
10 services;
11 Adds character development and law education to the
educational portion of the program;
12
Revises the procedure for dealing with children subject to
13 compulsory school attendance who refuse to comply with
attempts to enforce attendance:
14
Allows public entities to enter into partnerships with school
15 districts to operate second chance schools for disruptive
students off campus;
16
Requires students who wish to re-enter a traditional school to
17 complete a character development and law education program;
18 Revises the procedures for handling the lack of a response
from a parent or guardian about a child who is not enrolled in
19 school;
20 Removes the requirement for a court order requiring school
attendance;
21
Provides that a cost factor will no longer be needed in
22 calculations for the dropout and teenage parents' program and
provides for the calculation of a cost factor for Department
23 of Juvenile Justice clients;
24 Revises the procedures for the state attorney and the
appropriate jurisdictional agency in filing a
25 child-in-need-of-services petition; and
26 Finally, the bill makes several minor substantive and
technical changes.
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