Senate Bill 2050e1

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  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; providing procedures for notice to

12         and response from a parent, guardian, or legal

13         custodian prior to placement in a program or

14         the provision of services to the student;

15         amending s. 231.085, F.S.; requiring principals

16         to ensure the accuracy and timeliness of school

17         reports; requiring principals to provide staff

18         training opportunities; amending s. 231.17,

19         F.S.; providing for additional minimum

20         competencies for professional certification for

21         certain educators; creating s. 232.001, F.S.;

22         allowing the Manatee County District School

23         Board to raise the compulsory age of attendance

24         for children; providing requirements for the

25         school board if it chooses to participate in

26         the pilot project; providing for the

27         applicability of state law and State Board of

28         Education rule; providing an exception from the

29         provisions relating to a declaration of intent

30         to terminate school enrollment; requiring a

31         study; amending s. 232.17, F.S.; providing


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  1         legislative findings; placing responsibility on

  2         school district superintendents for enforcing

  3         attendance; establishing requirements for

  4         school board policies; revising the current

  5         steps for enforcing regular school attendance;

  6         requiring public schools to follow the steps;

  7         establishing the requirements for school

  8         principals, primary teachers, child study

  9         teams, and parents; providing for parents to

10         appeal; allowing the superintendent to seek

11         criminal prosecution for parental

12         noncompliance; requiring the superintendent,

13         parent, or guardian to file certain petitions

14         involving ungovernable children in certain

15         circumstances; requiring the superintendent to

16         provide the court with certain evidence;

17         allowing for court enforcement for children who

18         refuse to comply; revising the notice

19         requirements to parents, guardians, or others;

20         eliminating a current condition for notice;

21         eliminating the option for referral to case

22         staffing committees; requiring the

23         superintendent to take steps to bring about

24         criminal prosecution and requiring related

25         notice; authorizing the superintendent to file

26         truancy petitions; allowing for the return of

27         absent children to additional locations;

28         requiring parental notification; amending s.

29         232.19, F.S., relating to habitual truancy;

30         authorizing superintendents to file truancy

31         petitions; requiring that a court order for


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  1         school attendance be obtained as a part of

  2         services; revising the requirements that must

  3         be met prior to filing a petition; amending s.

  4         232.26, F.S.; removing a limitation on the

  5         principal's authority to discipline or expel

  6         pupils for unlawful possession or use of

  7         controlled substances under chapter 893, F.S.;

  8         amending s. 232.271, F.S.; revising references;

  9         amending s. 236.081, F.S.; amending procedures

10         that must be followed in determining the annual

11         allocation to each school district for

12         operation; requiring the average daily

13         attendance of the student membership to be

14         calculated by school and by district; revising

15         students-at-risk programs; amending s. 239.505,

16         F.S.; revising provisions relating to funding

17         of constructive youth programs; amending s.

18         240.529, F.S.; providing additional legislative

19         intent related to teacher preparation programs;

20         providing the criteria for continued program

21         approval; providing for the requirements for

22         instructors in postsecondary teacher

23         preparation programs who instruct or supervise

24         preservice field experience courses or

25         internships; eliminating the requirement

26         related to a commitment to teaching in the

27         public schools for a period of time; providing

28         additional requirements for school district and

29         instructional personnel who supervise or direct

30         certain teacher preparation students; amending

31         s. 984.03, F.S.; redefining the term "habitual


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  1         truant"; requiring the state attorney to file a

  2         child-in-need-of-services petition in certain

  3         circumstances; eliminating the requirement for

  4         referral for evaluation; defining the term

  5         "truancy petition"; requiring the appropriate

  6         jurisdictional agency to file a petition;

  7         creating s. 984.151, F.S.; providing procedures

  8         for truancy petitions; providing for truancy

  9         hearings and penalties; providing an effective

10         date.

11

12         WHEREAS, the voters of the State of Florida, in the

13  1998 General Election, amended Article IX, section 1, of the

14  Florida Constitution to state that, "Adequate provision shall

15  be made by law for a ...safe, secure, and high quality system

16  of free public schools...," and

17         WHEREAS, House Bill 1309, a comprehensive school safety

18  and discipline package, was enacted by the Legislature in the

19  1997 Session, addressing dropouts, habitual truancy, zero

20  tolerance for crime, drugs, alcohol, and weapons, alternative

21  placement of disruptive students, and cooperative agreements

22  with local law enforcement for crime reporting, and

23         WHEREAS, the Legislature annually provides for

24  safe-schools appropriations to be used for after school

25  programs for middle school students, alternative programs for

26  adjudicated youth, school resource officers, and conflict

27  resolution strategies, and

28         WHEREAS, the enhancement of school safety should be

29  measured as an element of school performance and

30  accountability and improved crime and incident reporting, as

31


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  1  well as a heightened emphasis on character education in the

  2  curriculum of the early grades, NOW, THEREFORE,

  3

  4  Be It Enacted by the Legislature of the State of Florida:

  5

  6         Section 1.  Paragraph (a) of subsection (16) of section

  7  230.23, Florida Statutes, 1998 Supplement, is amended to read:

  8         230.23  Powers and duties of school board.--The school

  9  board, acting as a board, shall exercise all powers and

10  perform all duties listed below:

11         (16)  IMPLEMENT SCHOOL IMPROVEMENT AND

12  ACCOUNTABILITY.--Maintain a system of school improvement and

13  education accountability as provided by statute and State

14  Board of Education rule. This system of school improvement and

15  education accountability shall be consistent with, and

16  implemented through, the district's continuing system of

17  planning and budgeting required by this section and ss.

18  229.555 and 237.041. This system of school improvement and

19  education accountability shall include, but not be limited to,

20  the following:

21         (a)  School improvement plans.--Annually approve and

22  require implementation of a new, amended, or continuation

23  school improvement plan for each school in the district.  Such

24  plan shall be designed to achieve the state education goals

25  and student performance standards pursuant to ss. 229.591(3)

26  and 229.592. Beginning in 1999-2000, each plan shall also

27  address issues relative to budget, training, instructional

28  materials, technology, staffing, student support services,

29  specific school safety and discipline strategies, and other

30  matters of resource allocation, as determined by school board

31  policy.


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  1         Section 2.  Section 230.2316, Florida Statutes, 1998

  2  Supplement, is amended to read:

  3         230.2316  Dropout prevention.--

  4         (1)  SHORT TITLE.--This act may be cited as the

  5  "Dropout Prevention and Academic Intervention Act."

  6         (2)  INTENT.--The Legislature recognizes that a growing

  7  proportion of young people are not making successful

  8  transitions to productive adult lives. The Legislature further

  9  recognizes that traditional education programs which do not

10  meet certain students' educational needs and interests may

11  cause these students to become unmotivated, fail, be truant,

12  be disruptive, or drop out of school. The Legislature finds

13  that a child who does not complete his or her education is

14  greatly limited in obtaining gainful employment, achieving his

15  or her full potential, and becoming a productive member of

16  society. Therefore, it is the intent of the Legislature to

17  authorize and encourage district school boards throughout the

18  state to develop and establish dropout prevention and academic

19  intervention activities designed to meet the needs of students

20  who do not perform well in traditional educational programs.

21  establish comprehensive dropout prevention programs. These

22  programs shall be designed to meet the needs of students who

23  are not effectively served by conventional education programs

24  in the public school system. It is further the intent of the

25  Legislature that cooperative agreements be developed among

26  school districts, other governmental and private agencies, and

27  community resources in order to implement innovative exemplary

28  programs aimed at reducing the number of students who do not

29  complete their education and increasing the number of students

30  who have a positive experience in school and obtain a high

31  school diploma.


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  1         (3)  STUDENT ELIGIBILITY AND PROGRAM CRITERIA.--

  2         (a)  Dropout prevention and academic intervention

  3  programs may shall differ from traditional education programs

  4  and schools in scheduling, administrative structure,

  5  philosophy, curriculum, or setting and shall employ

  6  alternative teaching methodologies, curricula, learning

  7  activities, and or diagnostic and assessment procedures in

  8  order to meet the needs, interests, abilities, and talents of

  9  eligible students. The educational program shall provide

10  curricula, character development and law education as provided

11  in s. 233.0612, and related services which support the program

12  goals and lead to improved performance in the areas of

13  academic achievement, attendance, and discipline completion of

14  a high school diploma. Student participation in such programs

15  shall be voluntary. Districts may, however, assign students to

16  a program for disruptive students. Notwithstanding any other

17  provision of law to the contrary, no student shall be

18  identified as being eligible to receive services funded

19  through the dropout prevention and academic intervention

20  program based solely on the student being from a single-parent

21  family. The minimum period of time during which the student

22  participates in the program shall be equivalent to two

23  instructional periods per day unless the program utilizes a

24  student support and assistance component rather than regularly

25  scheduled courses.

26         (b)  Students in grades 1-12 4-12 shall be eligible for

27  dropout prevention and academic intervention programs.

28  Eligible dropout prevention students shall be reported in the

29  appropriate basic cost factor for dropout prevention full-time

30  equivalent student membership in the Florida Education Finance

31  Program in standard dropout prevention classes or student


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  1  support and assistance components which provide academic

  2  assistance and coordination of support services to students

  3  enrolled full time in a regular classroom. The strategies and

  4  supports provided to eligible students shall be funded through

  5  the General Appropriations Act and may include, but are not

  6  limited to those services identified on the student's academic

  7  intervention plan. The student support and assistance

  8  component shall include auxiliary services provided to

  9  students or teachers, or both. Students participating in this

10  model shall generate funding only for the time that they

11  receive extra services or auxiliary help.

12         (c)  A student shall be identified as being eligible to

13  receive services funded through the dropout prevention and

14  academic intervention program a potential dropout based upon

15  one of the following criteria:

16         1.  The student is academically unsuccessful as

17  evidenced by low test scores, retention, failing grades, low

18  grade-point-average, falling behind in earning credits, or not

19  meeting the state or district proficiency levels in reading,

20  mathematics, or writing.

21         2.  The student has a pattern of excessive absenteeism

22  or has been identified as a habitual truant.

23         1.  The student has shown a lack of motivation in

24  school through grades which are not commensurate with

25  documented ability levels or high absenteeism or habitual

26  truancy as defined in s. 228.041(28).

27         2.  The student has not been successful in school as

28  determined by retentions, failing grades, or low achievement

29  test scores and has needs and interests that cannot be met

30  through traditional programs.

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  1         3.  The student has been identified as a potential

  2  school dropout by student services personnel using district

  3  criteria. District criteria that are used as a basis for

  4  student referral to an educational alternatives program shall

  5  identify specific student performance indicators that the

  6  educational alternative program seeks to address.

  7         4.  The student has documented drug-related or

  8  alcohol-related problems, or has immediate family members with

  9  documented drug-related or alcohol-related problems that

10  adversely affect the student's performance in school.

11         3.5.  The student has a history of disruptive behavior

12  in school or has committed an offense that warrants

13  out-of-school suspension or expulsion from school according to

14  the district code of student conduct. For the purposes of this

15  program, "disruptive behavior" is behavior that:

16         a.  Interferes with the student's own learning or the

17  educational process of others and requires attention and

18  assistance beyond that which the traditional program can

19  provide or results in frequent conflicts of a disruptive

20  nature while the student is under the jurisdiction of the

21  school either in or out of the classroom; or

22         b.  Severely threatens the general welfare of students

23  or others with whom the student comes into contact.

24         6.  The student is assigned to a program provided

25  pursuant to chapter 39, chapter 984, or chapter 985 which is

26  sponsored by a state-based or community-based agency or is

27  operated or contracted for by the Department of Children and

28  Family Services or the Department of Juvenile Justice.

29         (d)1.  "Second chance schools" means school district

30  programs provided through cooperative agreements between the

31  Department of Juvenile Justice, private providers, state or


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  1  local law enforcement agencies, or other state agencies for

  2  students who have been disruptive or violent or who have

  3  committed serious offenses.  As partnership programs, second

  4  chance schools are eligible for waivers by the Commissioner of

  5  Education from chapters 230-235 and 239 and State Board of

  6  Education rules that prevent the provision of appropriate

  7  educational services to violent, severely disruptive, or

  8  delinquent students in small nontraditional settings or in

  9  court-adjudicated settings.

10         2.  School districts seeking to enter into a

11  partnership with a private entity or public entity to operate

12  a second chance school for disruptive students may apply to

13  the Department of Education for start-up grants from the

14  Department of Education. These grants must be available for 1

15  year and must be used to offset the start-up costs for

16  implementing such programs off public school campuses. General

17  operating funds must be generated through the appropriate

18  programs of the Florida Education Finance Program. Grants

19  approved under this program shall be for the full operation of

20  the school by a private nonprofit or for-profit provider or

21  the public entity. This program must operate under rules

22  adopted by the Department of Education and must be implemented

23  to the extent funded by the Legislature.

24         3.2.  A student enrolled in a sixth, seventh, eighth,

25  ninth, or tenth grade class may be assigned to a second chance

26  school if the student meets the following criteria:

27         a.  The student is a habitual truant as defined in s.

28  228.041(28).

29         b.  The student's excessive absences have detrimentally

30  affected the student's academic progress and the student may

31


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  1  have unique needs that a traditional school setting may not

  2  meet.

  3         c.  The student's high incidences of truancy have been

  4  directly linked to a lack of motivation.

  5         d.  The student has been identified as at risk of

  6  dropping out of school.

  7         4.3.  A student who is habitually truant may be

  8  assigned to a second chance school only if the case staffing

  9  committee, established pursuant to s. 984.12, determines that

10  such placement could be beneficial to the student and the

11  criteria included in subparagraph 2. are met.

12         5.4.  A student may be assigned to a second chance

13  school if the school district in which the student resides has

14  a second chance school and if the student meets one of the

15  following criteria:

16         a.  The student habitually exhibits disruptive behavior

17  in violation of the code of student conduct adopted by the

18  school board.

19         b.  The student interferes with the student's own

20  learning or the educational process of others and requires

21  attention and assistance beyond that which the traditional

22  program can provide, or, while the student is under the

23  jurisdiction of the school either in or out of the classroom,

24  frequent conflicts of a disruptive nature occur.

25         c.  The student has committed a serious offense which

26  warrants suspension or expulsion from school according to the

27  district code of student conduct.  For the purposes of this

28  program, "serious offense" is behavior which:

29         (I)  Threatens the general welfare of students or

30  others with whom the student comes into contact;

31         (II)  Includes violence;


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  1         (III)  Includes possession of weapons or drugs; or

  2         (IV)  Is harassment or verbal abuse of school personnel

  3  or other students.

  4         6.5.  Prior to assignment of students to second chance

  5  schools, school boards are encouraged to use alternative

  6  programs, such as in-school suspension, which provide

  7  instruction and counseling leading to improved student

  8  behavior, a reduction in the incidence of truancy, and the

  9  development of more effective interpersonal skills.

10         7.6.  Students assigned to second chance schools must

11  be evaluated by the school's local child study team before

12  placement in a second chance school. The study team shall

13  ensure that students are not eligible for placement in a

14  program for emotionally disturbed children.

15         8.7.  Students who exhibit academic and social progress

16  and who wish to return to a traditional school shall complete

17  a character development and law education program, as provided

18  in s. 233.0612, and demonstrate preparedness to reenter the

19  regular school setting be evaluated by school district

20  personnel prior to reentering a traditional school.

21         8.  Second chance schools shall be funded at the

22  dropout prevention program weight pursuant to s. 236.081 and

23  may receive school safety funds or other funds as appropriate.

24         (4)  PROGRAM IMPLEMENTATION.--

25         (a)  Each district may establish one or more

26  alternative programs for dropout prevention and academic

27  intervention programs at the elementary, middle, junior high

28  school, or high school level.  Programs designed to eliminate

29  patterns of excessive absenteeism, or habitual truancy shall

30  emphasize academic performance and may provide specific

31  instruction in the areas of vocational education,


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  1  preemployment training, and behavioral management. Such

  2  programs shall utilize instructional teaching methods

  3  appropriate to the specific needs of the student.

  4         (b)  Each school that establishes or continues a

  5  dropout prevention and academic intervention program at that

  6  school site shall reflect that program in the school

  7  improvement plan as required under s. 230.23(16).

  8         (c)  Districts may modify courses listed in the State

  9  Course Code Directory for the purpose of providing dropout

10  prevention programs pursuant to the provisions of this

11  section.

12         (5)  EVALUATION.--Each school district receiving state

13  funding for dropout prevention and academic intervention

14  programs through the General Appropriations Act Florida

15  Education Finance Program shall submit information through an

16  annual report to the Department of Education's database

17  documenting the extent to which each of the district's dropout

18  prevention and academic intervention programs has been

19  successful in the areas of graduation rate, dropout rate,

20  attendance rate, and retention/promotion rate. The department

21  shall compile this information into an annual report which

22  shall be submitted to the presiding officers of the

23  Legislature by February 15.

24         (6)  STAFF DEVELOPMENT.--Each school district shall

25  establish procedures for ensuring that teachers assigned to

26  dropout prevention and academic intervention programs possess

27  the affective, pedagogical, and content-related skills

28  necessary to meet the needs of these at-risk students. Each

29  school board shall also ensure that adequate staff development

30  activities are available for dropout prevention staff and that

31  dropout prevention staff participate in these activities.


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  1         (7)  RECORDS.--Each district providing a program for

  2  dropout prevention and academic intervention program pursuant

  3  to the provisions of this section shall maintain for each

  4  participating student for whom funding is generated through

  5  the Florida Education Finance Program records documenting the

  6  student's eligibility, the length of participation, the type

  7  of program to which the student was assigned or the type of

  8  academic intervention services provided, and an evaluation of

  9  the student's academic and behavioral performance while in the

10  program. The school principal or his or her designee shall,

11  prior to placement in a dropout prevention and academic

12  intervention program or the provision of an academic service,

13  provide written notice of placement or services by

14  return-receipt mail to the student's parent, guardian, or

15  legal custodian. The parent, guardian, or legal custodian of

16  the student shall sign an acknowledgment of the notice of

17  placement or service and return the signed acknowledgement to

18  the principal within three days after receipt of the notice.

19  The parents or guardians of a student assigned to such a

20  dropout prevention and academic intervention program shall be

21  notified in writing and entitled to an administrative review

22  of any action by school personnel relating to such placement

23  pursuant to the provisions of chapter 120.

24         (8)  COORDINATION WITH OTHER AGENCIES.--School district

25  dropout prevention and academic intervention programs shall be

26  coordinated with social service, law enforcement,

27  prosecutorial, and juvenile justice agencies and juvenile

28  assessment centers in the school district. Notwithstanding the

29  provisions of s. 228.093, these agencies are authorized to

30  exchange information contained in student records and juvenile

31  justice records. Such information is confidential and exempt


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  1  from the provisions of s. 119.07(1). School districts and

  2  other agencies receiving such information shall use the

  3  information only for official purposes connected with the

  4  certification of students for admission to and for the

  5  administration of the dropout prevention and academic

  6  intervention program, and shall maintain the confidentiality

  7  of such information unless otherwise provided by law or rule.

  8         (9)  RULES.--The Department of Education shall have the

  9  authority pursuant to ss. 120.536(1) and 120.54 to adopt any

10  rules necessary to implement the provisions of this section;

11  such rules shall require the minimum amount of necessary

12  paperwork and reporting necessary to comply with this act.

13         Section 3.  Section 231.085, Florida Statutes, is

14  amended to read:

15         231.085  Duties of principals.--A district school board

16  shall employ, through written contract, public school

17  principals who shall supervise the operation and management of

18  the schools and property as the board determines necessary.

19  Each principal shall perform such duties as may be assigned by

20  the superintendent pursuant to the rules of the school board.

21  Such rules shall include, but not be limited to, rules

22  relating to administrative responsibility, instructional

23  leadership of the educational program of the school to which

24  the principal is assigned, submission of personnel

25  recommendations to the superintendent, administrative

26  responsibility for records and reports, administration of

27  corporal punishment, and student suspension.  Each principal

28  shall provide leadership in the development or revision and

29  implementation of a school improvement plan pursuant to s.

30  230.23(16). Each principal must make the necessary provisions

31  to ensure that all school reports are accurate and timely, and


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  1  must provide the necessary training opportunities for staff to

  2  accurately report attendance, FTE program participation,

  3  student performance, teacher appraisal, and school safety and

  4  discipline data.

  5         Section 4.  Paragraph (a) of subsection (5) of section

  6  231.17, Florida Statutes, 1998 Supplement, is amended to read:

  7         231.17  Official statements of eligibility and

  8  certificates granted on application to those meeting

  9  prescribed requirements.--

10         (5)  MINIMUM COMPETENCIES FOR PROFESSIONAL

11  CERTIFICATE.--

12         (a)  The state board must specify, by rule, the minimum

13  essential competencies that educators must possess and

14  demonstrate in order to qualify to teach students the

15  standards of student performance adopted by the state board.

16  The minimum competencies must include but are not limited to

17  the ability to:

18         1.  Write in a logical and understandable style with

19  appropriate grammar and sentence structure.

20         2.  Read, comprehend, and interpret professional and

21  other written material.

22         3.  Comprehend and work with fundamental mathematical

23  concepts.

24         4.  Recognize signs of severe emotional distress in

25  students and apply techniques of crisis intervention with an

26  emphasis on suicide prevention and positive emotional

27  development.

28         5.  Recognize signs of alcohol and drug abuse in

29  students and apply counseling techniques with emphasis on

30  intervention and prevention of future abuse.

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  1         6.  Recognize the physical and behavioral indicators of

  2  child abuse and neglect, know rights and responsibilities

  3  regarding reporting, know how to care for a child's needs

  4  after a report is made, and know recognition, intervention,

  5  and prevention strategies pertaining to child abuse and

  6  neglect which can be related to children in a classroom

  7  setting in a nonthreatening, positive manner.

  8         7.  Comprehend patterns of physical, social, and

  9  academic development in students, including exceptional

10  students in the regular classroom, and counsel these students

11  concerning their needs in these areas.

12         8.  Recognize and be aware of the instructional needs

13  of exceptional students.

14         9.  Comprehend patterns of normal development in

15  students and employ appropriate intervention strategies for

16  disorders of development.

17         10.  Identify and comprehend the codes and standards of

18  professional ethics, performance, and practices adopted

19  pursuant to s. 231.546(2)(b), the grounds for disciplinary

20  action provided by s. 231.28, and the procedures for resolving

21  complaints filed pursuant to this chapter, including appeal

22  processes.

23         11.  Recognize and demonstrate awareness of the

24  educational needs of students who have limited proficiency in

25  English and employ appropriate teaching strategies.

26         12.  Use appropriate technology in teaching and

27  learning processes.

28         13.  Use assessment strategies to assist the continuous

29  development of the learner.

30

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    CS for CS for SB 2050                          First Engrossed



  1         14.  Use teaching and learning strategies that include

  2  considering each student's culture, learning styles, special

  3  needs, and socioeconomic background.

  4         15.  Demonstrate knowledge and understanding of the

  5  subject matter that is aligned with the subject knowledge and

  6  skills specified in the student performance standards approved

  7  by the state board.

  8         16.  Demonstrate knowledge and skill in managing

  9  student behavior inside and outside a classroom setting. Such

10  knowledge and skill must include techniques for preventing and

11  effectively intervening in incidents of disruptive or violent

12  behavior.

13         17.  Recognize the early signs of truancy in students

14  and identify effective interventions to avoid or resolve

15  nonattendance behavior.

16         Section 5.  Section 232.001, Florida Statutes, is

17  created to read:

18         232.001  Pilot project.--It is the purpose of this

19  section to authorize the Manatee County District School Board

20  to implement a pilot project that raises the compulsory age of

21  attendance for children from the age of 16 years to the age of

22  18 years. The pilot project applies to each child who has not

23  attained the age of 16 years by September 30 of the school

24  year in which a school board policy is adopted.

25         (1)  Beginning July 1, 1999, the Manatee County

26  District School Board may implement a pilot project consistent

27  with policy adopted by the school board to raise the

28  compulsory age of attendance for children from the age of 16

29  years to the age of 18 years.

30         (2)  If the district school board chooses to

31  participate in the pilot project, the district school board


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    CS for CS for SB 2050                          First Engrossed



  1  must, before the beginning of the school year, adopt a policy

  2  for raising the compulsory age of attendance for children from

  3  the age of 16 years to 18 years.

  4         (a)  Before the adoption of the policy, the district

  5  school board must provide a notice of intent to adopt a policy

  6  to raise the compulsory age of attendance for children from

  7  the age of 16 years to the age of 18 years. The notice must be

  8  provided to the parent or legal guardian of each child who is

  9  15 years of age and who is enrolled in a school in the

10  district.

11         (b)  Within 2 weeks after adoption of the school board

12  policy, the district school board must provide notice of the

13  policy to the parent or legal guardian of each child who is 15

14  years of age and who is enrolled in a school in the district.

15  The notice must also provide information related to the

16  penalties for refusing or failing to comply with the

17  compulsory attendance requirements and information on

18  alternative education programs offered within the school

19  district.

20         (3)  All state laws and State Board of Education rules

21  related to students subject to compulsory school attendance

22  apply to the district school board if it chooses to

23  participate in a pilot project. Notwithstanding the provisions

24  of s. 232.01, the formal declaration of intent to terminate

25  school enrollment does not apply to the district school board

26  if it chooses to participate in a pilot project.

27         (4)  If the district school board chooses to

28  participate in the pilot project, the school board must

29  evaluate the effect of its adopted policy raising the

30  compulsory age of attendance on school attendance and on the

31  school district's dropout rate, as well as on the costs


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    CS for CS for SB 2050                          First Engrossed



  1  associated with the pilot project. The school district shall

  2  report its findings to the President of the Senate, the

  3  Speaker of the House of Representatives, the minority leader

  4  of each house, the Governor, and the Commissioner of Education

  5  not later than August 1 following each year that the pilot

  6  project is in operation.

  7         Section 6.  Section 232.17, Florida Statutes, 1998

  8  Supplement, is amended to read:

  9         232.17  Enforcement of school attendance.--The

10  Legislature finds that poor academic performance is associated

11  with nonattendance and that schools must take an active role

12  in enforcing attendance as a means of improving the

13  performance of many students. It is the policy of the state

14  that the superintendent of each school district be responsible

15  for enforcing school attendance of all children and youth

16  subject to the compulsory school age in the school district.

17  The responsibility includes recommending to the school board

18  policies and procedures to ensure that schools respond in a

19  timely manner to every unexcused absence or absence for which

20  the reason is unknown of students enrolled in the schools.

21  School board policies must require each parent or guardian of

22  a student to justify each absence of the student, and that

23  justification will be evaluated based on adopted school board

24  policies that define excused and unexcused absences. The

25  policies must provide that schools track excused and unexcused

26  absences and contact the home in the case of an unexcused

27  absence from school or an absence from school for which the

28  reason is unknown to prevent the development of patterns of

29  nonattendance. The Legislature finds that early intervention

30  in school attendance matters is the most effective way of

31  producing good attendance habits that will lead to improved


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    CS for CS for SB 2050                          First Engrossed



  1  student learning and achievement. Each public school shall

  2  implement the following steps to enforce regular school

  3  attendance:

  4         (1)  CONTACT, REFER, AND ENFORCE.--

  5         (a)  Upon each unexcused absence or absence for which

  6  the reason is unknown, the school principal or his or her

  7  designee shall contact the home to determine the reason for

  8  the absence. If the absence is an excused absence, as defined

  9  by school board policy, the school shall provide opportunities

10  for the student to make up assigned work and not receive an

11  academic penalty unless the work is not made up within a

12  reasonable time.

13         (b)  If a student has had at least five unexcused

14  absences or absences for which the reasons are unknown within

15  a calendar month or ten unexcused absences or absences for

16  which the reasons are unknown within a 90-calendar-day period,

17  the student's primary teacher shall report to the school

18  principal or his or her designee that the student may be

19  exhibiting a pattern of nonattendance. The principal shall,

20  unless there is clear evidence that the absences are not a

21  pattern of nonattendance, refer the case to the school's child

22  study team to determine if early patterns of truancy are

23  developing. If the child study team finds that a pattern of

24  nonattendance is developing, whether the absences are excused

25  or not, a meeting with the parent must be scheduled to

26  identify potential remedies.

27         (c)  If an initial meeting does not resolve the

28  problem, the child study team shall implement interventions

29  that best address the problem. The interventions may include,

30  but need not be limited to:

31


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    CS for CS for SB 2050                          First Engrossed



  1         1.  Frequent communication between the teacher and the

  2  family;

  3         2.  Changes in the learning environment;

  4         3.  Mentoring;

  5         4.  Student counseling;

  6         5.  Tutoring, including peer tutoring;

  7         6.  Placement into different classes;

  8         7.  Evaluation for alternative education programs;

  9         8.  Attendance contracts;

10         9.  Referral to other agencies for family services; or

11         10.  Other interventions.

12         (d)  The child study team shall be diligent in

13  facilitating intervention services and shall report the case

14  to the superintendent only when all reasonable efforts to

15  resolve the nonattendance behavior are exhausted.

16         (e)  If the parent, guardian, or other person in charge

17  of the child refuses to participate in the remedial strategies

18  because he or she believes that those strategies are

19  unnecessary or inappropriate, the parent, guardian, or other

20  person in charge of the child may appeal to the school board.

21  The school board may provide a hearing officer and the hearing

22  officer shall make a recommendation for final action to the

23  board. If the board's final determination is that the

24  strategies of the child study team are appropriate, and the

25  parent, guardian, or other person in charge of the child still

26  refuses to participate or cooperate, the superintendent may

27  seek criminal prosecution for noncompliance with compulsory

28  school attendance.

29         (f)  If a child subject to compulsory school attendance

30  will not comply with attempts to enforce school attendance,

31  the parent, the guardian, or the superintendent or his or her


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    CS for CS for SB 2050                          First Engrossed



  1  designee shall refer the case to the case-staffing committee

  2  pursuant to s. 984.12, and the superintendent or his or her

  3  designee may file a truancy petition pursuant to the

  4  procedures in s. 984.151. Pursuant to procedures established

  5  by the district school board, a designated school

  6  representative must complete activities designed to determine

  7  the cause and attempt the remediation of truant behavior, as

  8  provided in this section.

  9         (1)  INVESTIGATE NONENROLLMENT AND UNEXCUSED

10  ABSENCES.--A designated school representative shall

11  investigate cases of nonenrollment and unexcused absences from

12  school of all children subject to compulsory school

13  attendance.

14         (2)  GIVE WRITTEN NOTICE.--

15         (a)  Under the direction of the superintendent, a

16  designated school representative shall give written notice, in

17  person or by return-receipt mail, to the parent, guardian, or

18  other person having control when no valid reason is found for

19  a child's nonenrollment in school which requires or when the

20  child has a minimum of 3 but fewer than 6 unexcused absences

21  within 90 calendar days, requiring enrollment or attendance

22  within 3 days after the date of notice. If the notice and

23  requirement are ignored, the designated school representative

24  shall report the case to the superintendent, and may refer the

25  case to the case-staffing case staffing committee, established

26  pursuant to s. 984.12, if the conditions of s. 232.19(3) have

27  been met. The superintendent shall may take such steps as are

28  necessary to bring criminal prosecution against the parent,

29  guardian, or other person having control.

30         (b)  Subsequent to the activities required under

31  subsection (1), the superintendent or his or her designee


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    CS for CS for SB 2050                          First Engrossed



  1  shall give written notice in person or by return-receipt mail

  2  to the parent, guardian, or other person in charge of the

  3  child that criminal prosecution is being sought for

  4  nonattendance. The superintendent may file a truancy petition,

  5  as defined in s. 984.03, following the procedures outlined in

  6  s. 984.151.

  7         (3)  RETURN CHILD TO PARENT.--A designated school

  8  representative shall visit the home or place of residence of a

  9  child and any other place in which he or she is likely to find

10  any child who is required to attend school when such child is

11  not enrolled or is absent from school during school hours

12  without an excuse, and, when the child is found, shall return

13  the child to his or her parent or to the principal or teacher

14  in charge of the school, or to the private tutor from whom

15  absent, or to the juvenile assessment center or other location

16  established by the school board to receive students who are

17  absent from school. Upon receipt of the student, the parent

18  shall be immediately notified.

19         (4)  REPORT TO THE DIVISION OF JOBS AND BENEFITS.--A

20  designated school representative shall report to the Division

21  of Jobs and Benefits of the Department of Labor and Employment

22  Security or to any person acting in similar capacity who may

23  be designated by law to receive such notices, all violations

24  of the Child Labor Law that may come to his or her knowledge.

25         (5)  RIGHT TO INSPECT.--A designated school

26  representative shall have the same right of access to, and

27  inspection of, establishments where minors may be employed or

28  detained as is given by law to the Division of Jobs and

29  Benefits only for the purpose of ascertaining whether children

30  of compulsory school age are actually employed there and are

31  actually working there regularly. The designated school


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    CS for CS for SB 2050                          First Engrossed



  1  representative shall, if he or she finds unsatisfactory

  2  working conditions or violations of the Child Labor Law,

  3  report his or her findings to the Division of Jobs and

  4  Benefits or its agents.

  5         (6)  RESUMING SERIES.--If a child repeats a pattern of

  6  nonattendance within one school year, the designated school

  7  representative shall resume the series of escalating

  8  activities at the point at which he or she had previously left

  9  off.

10         Section 7.  Subsection (3) of section 232.19, Florida

11  Statutes, 1998 Supplement, is amended to read:

12         232.19  Court procedure and penalties.--The court

13  procedure and penalties for the enforcement of the provisions

14  of this chapter, relating to compulsory school attendance,

15  shall be as follows:

16         (3)  HABITUAL TRUANCY CASES.--The superintendent is

17  authorized to file a truancy petition, as defined in s.

18  984.03, following the procedures outlined in s. 984.151. If

19  the superintendent chooses not to file a truancy petition,

20  procedures for filing a child-in-need-of-services petition

21  shall be commenced pursuant to this subsection and chapter

22  984. In accordance with procedures established by the district

23  school board, the designated school representative shall refer

24  a student who is habitually truant and the student's family to

25  the children-in-need-of-services and

26  families-in-need-of-services provider or the case staffing

27  committee, established pursuant to s. 984.12, as determined by

28  the cooperative agreement required in this section.  The case

29  staffing committee may request the Department of Juvenile

30  Justice or its designee to file a child-in-need-of-services

31  petition based upon the report and efforts of the school


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    CS for CS for SB 2050                          First Engrossed



  1  district or other community agency or may seek to resolve the

  2  truant behavior through the school or community-based

  3  organizations or agencies. Prior to and subsequent to the

  4  filing of a child-in-need-of-services petition due to habitual

  5  truancy, the appropriate governmental agencies must allow a

  6  reasonable time to complete actions required by this section

  7  and s. 232.17 subsection to remedy the conditions leading to

  8  the truant behavior. The following criteria must be met and

  9  documented in writing Prior to the filing of a petition, the

10  school district must have complied with the requirements of s.

11  232.17, and those efforts must have been unsuccessful.:

12         (a)  The child must have 15 unexcused absences within

13  90 calendar days with or without the knowledge or consent of

14  the child's parent or legal guardian, must be subject to

15  compulsory school attendance, and must not be exempt under s.

16  232.06, s. 232.09, or any other exemption specified by law or

17  the rules of the State Board of Education.

18         (b)  In addition to the actions described in s. 232.17,

19  the school administration must have completed the following

20  activities to determine the cause, and to attempt the

21  remediation, of the child's truant behavior:

22         1.  After a minimum of 3 and prior to 6 unexcused

23  absences within 90 calendar days, one or more meetings must

24  have been held, either in person or by phone, between a

25  designated school representative, the child's parent or

26  guardian, and the child, if necessary, to report and to

27  attempt to solve the truancy problem. However, if the

28  designated school representative has documented the refusal of

29  the parent or guardian to participate in the meetings, this

30  requirement has been met.

31


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    CS for CS for SB 2050                          First Engrossed



  1         2.  Educational counseling must have been provided to

  2  determine whether curriculum changes would help solve the

  3  truancy problem, and, if any changes were indicated, such

  4  changes must have been instituted but proved unsuccessful in

  5  remedying the truant behavior. Such curriculum changes may

  6  include enrollment of the child in a dropout prevention

  7  program that meets the specific educational and behavioral

  8  needs of the child, including a second chance school, as

  9  provided for in s. 230.2316, designed to resolve truant

10  behavior.

11         3.  Educational evaluation, which may include

12  psychological evaluation, must have been provided to assist in

13  determining the specific condition, if any, that is

14  contributing to the child's nonattendance.  The evaluation

15  must have been supplemented by specific efforts by the school

16  to remedy any diagnosed condition.

17

18  If a child who is subject to compulsory school attendance is

19  responsive to the interventions described in this paragraph

20  and has completed the necessary requirements to pass the

21  current grade as indicated in the district pupil progression

22  plan, the child shall be passed.

23         Section 8.  Subsection (3) of section 232.26, Florida

24  Statutes, is amended to read:

25         232.26  Authority of principal.--

26         (3)  A pupil may be disciplined or expelled for

27  unlawful possession or use of any substance controlled under

28  chapter 893 upon the third violation of this provision.

29         Section 9.  Subsection (3) of section 232.271, Florida

30  Statutes, is amended to read:

31         232.271  Removal by teacher.--


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    CS for CS for SB 2050                          First Engrossed



  1         (3)  If a teacher removes a student from class under

  2  subsection (2), the principal may place the student in another

  3  appropriate classroom, in in-school suspension, or in a

  4  dropout prevention and academic intervention program as

  5  provided by s. 230.2316; or the principal may recommend the

  6  student for out-of-school suspension or expulsion, as

  7  appropriate. The student may be prohibited from attending or

  8  participating in school-sponsored or school-related

  9  activities. The principal may not return the student to that

10  teacher's class without the teacher's consent unless the

11  committee established under s. 232.272 determines that such

12  placement is the best or only available alternative. The

13  teacher and the placement review committee must render

14  decisions within 5 days of the removal of the student from the

15  classroom.

16         Section 10.  Effective July 1, 1999, paragraphs (a) and

17  (c) of section 236.081, Florida Statutes, 1998 Supplement, are

18  amended to read:

19         236.081  Funds for operation of schools.--If the annual

20  allocation from the Florida Education Finance Program to each

21  district for operation of schools is not determined in the

22  annual appropriations act or the substantive bill implementing

23  the annual appropriations act, it shall be determined as

24  follows:

25         (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR

26  OPERATION.--The following procedure shall be followed in

27  determining the annual allocation to each district for

28  operation:

29         (a)  Determination of full-time equivalent

30  membership.--During each of several school weeks, including

31  scheduled intersessions of a year-round school program during


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    CS for CS for SB 2050                          First Engrossed



  1  the fiscal year, a program membership survey of each school

  2  shall be made by each district by aggregating the full-time

  3  equivalent student membership of each program by school and by

  4  district. The department shall establish the number and

  5  interval of membership calculations, except that for basic and

  6  special programs such calculations shall not exceed nine for

  7  any fiscal year. The district's full-time equivalent

  8  membership shall be computed and currently maintained in

  9  accordance with regulations of the commissioner. Beginning

10  with school year 1999-2000, each school district shall also

11  document the daily attendance of each student in membership by

12  school and by district. An average daily attendance factor

13  shall be computed by dividing the total daily attendance of

14  all students by the total number of students in membership and

15  then by the number of days in the regular school year.

16  Beginning with school year 2001-2002, the district's full-time

17  equivalent membership shall be adjusted by multiplying by the

18  average daily attendance factor.

19         (c)  Determination of programs.--Cost factors based on

20  desired relative cost differences between the following

21  programs shall be established in the annual General

22  Appropriations Act. The Commissioner of Education shall

23  specify a matrix of services and intensity levels to be used

24  by districts in the determination of funding support for each

25  exceptional student. The funding support level for each

26  exceptional student shall fund the exceptional student's total

27  education program.

28         1.  Basic programs.--

29         a.  Kindergarten and grades 1, 2, and 3.

30         b.  Grades 4, 5, 6, 7, and 8.

31         c.  Grades 9, 10, 11, and 12.


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    CS for CS for SB 2050                          First Engrossed



  1         2.  Programs for exceptional students.--

  2         a.  Support Level I.

  3         b.  Support Level II.

  4         c.  Support Level III.

  5         d.  Support Level IV.

  6         e.  Support Level V.

  7         3.  Secondary career education programs.--

  8         4.  Students-at-risk programs.--

  9         a.  Department of Juvenile Justice clients Dropout

10  prevention and teenage parents.

11         b.  English for Speakers of Other Languages.

12         Section 11.  Paragraph (a) of subsection (4) of section

13  239.505, Florida Statutes, is amended to read:

14         239.505  Florida Constructive Youth Programs.--

15         (4)  FUNDING.--Each district school board or community

16  college board of trustees wishing to implement a constructive

17  youth program must submit a comprehensive plan to the

18  Department of Education no later than October 1 of the

19  preceding school year, which plan must include a list of all

20  funding sources, including, but not limited to:

21         (a)  Funds available for programs authorized under the

22  Dropout Prevention and Academic Intervention Act, as provided

23  in s. 230.2316, and Dropout prevention programs funded

24  pursuant to the provisions of s. 236.081(1)(c).

25         Section 12.  Subsection (1), paragraph (b) of

26  subsection (4), and paragraphs (a) and (b) of subsection (5)

27  of section 240.529, Florida Statutes, are amended to read:

28         240.529  Public accountability and state approval for

29  teacher preparation programs.--

30         (1)  INTENT.--The Legislature recognizes that skilled

31  teachers make an the most important contribution to a quality


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    CS for CS for SB 2050                          First Engrossed



  1  educational system that allows students to obtain a

  2  high-quality education and that competent teachers are

  3  produced by effective and accountable teacher preparation

  4  programs. The intent of the Legislature is to establish a

  5  system for development and approval of teacher preparation

  6  programs that will free postsecondary teacher preparation

  7  institutions to employ varied and innovative teacher

  8  preparation techniques while being held accountable for

  9  producing teachers with the competencies and skills for

10  achieving the state education goals of helping students meet

11  high standards for student achievement, providing safe and

12  secure classroom learning environments, and sustaining the

13  state system of school improvement and education

14  accountability established pursuant to ss. 229.591, 229.592,

15  and 229.593.

16         (4)  CONTINUED PROGRAM APPROVAL.--Notwithstanding

17  subsection (3), failure by a public or nonpublic teacher

18  preparation program to meet the criteria for continued program

19  approval shall result in loss of program approval. The

20  Department of Education, in collaboration with the departments

21  and colleges of education, shall develop procedures for

22  continued program approval which document the continuous

23  improvement of program processes and graduates' performance.

24         (b)  Additional criteria for continued program approval

25  for public institutions may be developed by the Education

26  Standards Commission and approved by the State Board of

27  Education. Such criteria must emphasize outcome measures of

28  student performance in the areas of classroom management and

29  improving the performance of students who have traditionally

30  failed to meet student achievement goals and have been

31  overrepresented in school suspensions and other disciplinary


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    CS for CS for SB 2050                          First Engrossed



  1  actions, and may include, but need not be limited to, program

  2  graduates' satisfaction with training and the unit's

  3  responsiveness to local school districts. Additional criteria

  4  for continued program approval for nonpublic institutions

  5  shall be developed in the same manner as for public

  6  institutions; however, such criteria must be based upon

  7  significant, objective, and quantifiable graduate performance

  8  measures. Responsibility for collecting data on outcome

  9  measures through survey instruments and other appropriate

10  means shall be shared by the institutions of higher education,

11  the Board of Regents, the State Board of Independent Colleges

12  and Universities, and the Department of Education. By January

13  1 of each year, the Department of Education, in cooperation

14  with the Board of Regents and the State Board of Independent

15  Colleges and Universities, shall report this information for

16  each postsecondary institution that has state-approved

17  programs of teacher education to the Governor, the

18  Commissioner of Education, the Chancellor of the State

19  University System, the President of the Senate, the Speaker of

20  the House of Representatives, all Florida postsecondary

21  teacher preparation programs, and interested members of the

22  public. This report must analyze the data and make

23  recommendations for improving teacher preparation programs in

24  the state.

25         (5)  PRESERVICE FIELD EXPERIENCE.--All postsecondary

26  instructors, school district personnel and instructional

27  personnel, and school sites preparing instructional personnel

28  through preservice field experience courses and internships

29  shall meet special requirements.

30         (a)  All instructors in postsecondary teacher

31  preparation programs who instruct or supervise preservice


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    CS for CS for SB 2050                          First Engrossed



  1  field experience courses or internships shall have at least

  2  one of the following: specialized training in clinical

  3  supervision; a valid professional teaching certificate

  4  pursuant to ss. 231.17 and 231.24; or at least 3 years of

  5  successful teaching experience in prekindergarten through

  6  grade 12; or a commitment to spend periods of time specified

  7  by State Board of Education rule teaching in the public

  8  schools.

  9         (b)  All school district personnel and instructional

10  personnel who supervise or direct teacher preparation students

11  during field experience courses or internships must have

12  evidence of "clinical educator" training, successfully

13  demonstrated effective classroom management strategies, and

14  consistently improved student performance. The Education

15  Standards Commission shall recommend, and the state board

16  shall approve, the training requirements.

17         Section 13.  Subsection (29) of section 984.03, Florida

18  Statutes, 1998 Supplement, is amended, present subsection (57)

19  of that section is redesignated as subsection (58), and a new

20  subsection (57) is added to that section, to read:

21         984.03  Definitions.--When used in this chapter, the

22  term:

23         (29)  "Habitually truant" means that:

24         (a)  The child has 15 unexcused absences within 90

25  calendar days with or without the knowledge or justifiable

26  consent of the child's parent or legal guardian, is subject to

27  compulsory school attendance under s. 232.01, and is not

28  exempt under s. 232.06, s. 232.09, or any other exemptions

29  specified by law or the rules of the State Board of Education.

30

31


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    CS for CS for SB 2050                          First Engrossed



  1         (b)  Escalating Activities to determine the cause, and

  2  to attempt the remediation, of the child's truant behavior

  3  under ss. 232.17 and 232.19 have been completed.

  4

  5  If a child who is subject to compulsory school attendance is

  6  responsive to the interventions described in ss. 232.17 and

  7  232.19 and has completed the necessary requirements to pass

  8  the current grade as indicated in the district pupil

  9  progression plan, the child shall not be determined to be

10  habitually truant and shall be passed. If a child within the

11  compulsory school attendance age has 15 unexcused absences

12  within 90 calendar days or fails to enroll in school, the

13  State Attorney may, or the appropriate jurisdictional agency

14  shall, file a child-in-need-of-services petition if

15  recommended by the case-staffing committee, unless it is

16  determined that another alternative action is preferable.

17  Prior to filing a petition, the child must be referred to the

18  appropriate agency for evaluation. After consulting with the

19  evaluating agency, the State Attorney may elect to file a

20  child-in-need-of-services petition.

21         (c)  A school representative, designated according to

22  school board policy, and a juvenile probation officer of the

23  Department of Juvenile Justice have jointly investigated the

24  truancy problem or, if that was not feasible, have performed

25  separate investigations to identify conditions that may be

26  contributing to the truant behavior; and if, after a joint

27  staffing of the case to determine the necessity for services,

28  such services were determined to be needed, the persons who

29  performed the investigations met jointly with the family and

30  child to discuss any referral to appropriate community

31  agencies for economic services, family or individual


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  1  counseling, or other services required to remedy the

  2  conditions that are contributing to the truant behavior.

  3         (d)  The failure or refusal of the parent or legal

  4  guardian or the child to participate, or make a good faith

  5  effort to participate, in the activities prescribed to remedy

  6  the truant behavior, or the failure or refusal of the child to

  7  return to school after participation in activities required by

  8  this subsection, or the failure of the child to stop the

  9  truant behavior after the school administration and the

10  Department of Juvenile Justice have worked with the child as

11  described in s. 232.19(3) and (4) shall be handled as

12  prescribed in s. 232.19.

13         (57)  "Truancy petition" means a petition filed by the

14  school superintendent alleging that a student subject to

15  compulsory school attendance has had more than 15 unexcused

16  absences in a 90-calendar-day period. A truancy petition is

17  filed and processed under s. 984.151.

18         Section 14.  Section 984.151, Florida Statutes, is

19  created to read:

20         984.151  Truancy petition; prosecution; disposition.--

21         (1)  If the school determines that a student subject to

22  compulsory school attendance has had more than 15 unexcused

23  absences in a 90-calendar-day period, the superintendent may

24  file a truancy petition.

25         (2)  The petition shall be filed in the circuit where

26  the student is enrolled in school.

27         (3)  Original jurisdiction to hear a truancy petition

28  shall be in the circuit court; however, the circuit court may

29  use a general or special master pursuant to Supreme Court

30  rules.

31


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  1         (4)  The petition must contain the following:  the

  2  name, age, and address of the student; the name and address of

  3  the student's parent or guardian; the school where the student

  4  is enrolled; the efforts the school has made to get the

  5  student to attend school; the number of out-of-school contacts

  6  between the school system and student's parent or guardian;

  7  and the number of days and dates of days the student has

  8  missed school.  The petition shall be sworn to by the

  9  superintendent or his or her designee.

10         (5)  Once the petition is filed, the court shall hear

11  the petition within 30 days.

12         (6)  The student and the student's parent or guardian

13  shall attend the hearing.

14         (7)  If the court determines that the student did miss

15  any of the alleged days, the court shall order the student to

16  attend school and the parent to ensure that the student

17  attends school, and may order any of the following:  the

18  student to participate in alternative sanctions to include

19  mandatory attendance at alternative classes to be followed by

20  mandatory community services hours for a period up to 6

21  months; the student and the student's parent or guardian to

22  participate in homemaker or parent aide services; the student

23  or the student's parent or guardian to participate in

24  intensive crisis counseling; the student or the student's

25  parent or guardian to participate in community mental health

26  services if available and applicable; the student and the

27  student's parent or guardian to participate in service

28  provided by voluntary or community agencies as available; and

29  the student or the student's parent or guardian to participate

30  in vocational, job training, or employment services.

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  1         (8)  If the student does not successfully complete the

  2  sanctions ordered in subsection (7), the case shall be

  3  referred to the case staffing committee under s. 984.12 with a

  4  recommendation to file a child-in-need-of-services petition

  5  under s. 984.15.

  6         Section 15.  Except as otherwise provided in this act,

  7  this act shall take effect upon becoming a law.

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