House Bill hb0277c1

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    Florida House of Representatives - 2001              CS/HB 277

        By the Council for Lifelong Learning and Representatives
    Atwater, Lynn, Melvin, Negron, Wallace, Betancourt, Garcia,
    Jordan, Diaz de la Portilla, Gardiner, Mahon, Pickens,
    Haridopolos, Paul, Mack, Davis, Bennett, Kravitz, Attkisson,
    Bowen, Alexander, Harrington, Farkas, Brummer and Fiorentino


  1                      A bill to be entitled

  2         An act relating to school attendance; creating

  3         s. 414.1251, F.S.; reestablishing the Learnfare

  4         program; reducing temporary cash assistance

  5         based on failure to meet certain education

  6         participation requirements; requiring

  7         conferences between Learnfare participants and

  8         school officials; requiring the development of

  9         an electronic data transfer system; amending s.

10         228.041, F.S., relating to definitions;

11         correcting a cross reference; amending s.

12         230.23, F.S., relating to powers and duties of

13         district school boards; adding duties;

14         repealing s. 414.125, F.S., relating to the

15         Learnfare program; providing an effective date.

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

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19         Section 1.  Section 414.1251, Florida Statutes, is

20  created to read:

21         414.1251  Learnfare program.--

22         (1)  The department shall reduce the temporary cash

23  assistance for a participant's eligible dependent child or for

24  an eligible teenage participant who has not been exempted from

25  education participation requirements, if the eligible

26  dependent child or eligible teenage participant has been

27  identified either as a habitual truant, pursuant to s.

28  228.041(28), or as a dropout, pursuant to s. 228.041(29). For

29  a student who has been identified as a habitual truant, the

30  temporary cash assistance must be reinstated after a

31  subsequent grading period in which the child's attendance has

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    Florida House of Representatives - 2001              CS/HB 277

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  1  substantially improved. For a student who has been identified

  2  as a dropout, the temporary cash assistance must be reinstated

  3  after the student enrolls in a public school, receives a high

  4  school diploma or its equivalency, enrolls in preparation for

  5  the General Educational Development Tests, or enrolls in other

  6  educational activities approved by the district school board.

  7  Good cause exemptions from the rule of unexcused absences

  8  include the following:

  9         (a)  The student is expelled from school and

10  alternative schooling is not available.

11         (b)  No licensed day care is available for a child of

12  teen parents subject to Learnfare.

13         (c)  Prohibitive transportation problems exist (e.g.,

14  to and from day care).

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16  Within 10 days after sanction notification, the participant

17  parent of a dependent child or the teenage participant may

18  file an internal fair hearings process review procedure

19  appeal, and no sanction shall be imposed until the appeal is

20  resolved.

21         (2)  Each participant with a school-age child is

22  required to have a conference with an appropriate school

23  official of the child's school during each semester to assure

24  that the participant is involved in the child's educational

25  progress and is aware of any existing attendance or academic

26  problems. The conference must address acceptable student

27  attendance, grades, and behavior and must be documented by the

28  school and reported to the department. The department shall

29  notify a school of any student in attendance at that school

30  who is a participant in the Learnfare program in order that

31  the required conferences are held. A participant who without

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    Florida House of Representatives - 2001              CS/HB 277

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  1  good cause fails to attend a conference with a school official

  2  is subject to the sanction provided in subsection (1). The

  3  temporary cash assistance shall be reinstated after the

  4  participant attends the conference with the appropriate school

  5  official and that conference is documented by the school and

  6  reported to the department.

  7         (3)  The department shall develop an electronic data

  8  transfer system to enable the department to collect, report,

  9  and share data accurately and efficiently. In order to ensure

10  accountability and assess the effectiveness of the Learnfare

11  program, the department shall compile information including,

12  but not limited to, the number of students and families

13  reported by school districts as out of compliance, the number

14  of students and families sanctioned as a result, and the

15  number of students and families reinstated after becoming

16  compliant. The information compiled shall be submitted in the

17  form of an annual report to the presiding officers of the

18  Legislature by March 1.

19         Section 2.  Subsection (28) of section 228.041, Florida

20  Statutes, is amended to read:

21         228.041  Definitions.--Specific definitions shall be as

22  follows, and wherever such defined words or terms are used in

23  the Florida School Code, they shall be used as follows:

24         (28)  HABITUAL TRUANT.--A habitual truant is a student

25  who has 15 unexcused absences within 90 calendar days with or

26  without the knowledge or consent of the student's parent or

27  legal guardian, is subject to compulsory school attendance

28  under s. 232.01, and is not exempt under s. 232.06 or s.

29  232.09, or by meeting the criteria for any other exemption

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

31  Such a student must have been the subject of the activities

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    Florida House of Representatives - 2001              CS/HB 277

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  1  specified in ss. 232.17 and 232.19(3), without resultant

  2  successful remediation of the truancy problem before being

  3  dealt with as a child in need of services according to the

  4  provisions of chapter 984.

  5         Section 3.  Paragraph (b) of subsection (15) of section

  6  230.23, Florida Statutes, is amended to read:

  7         230.23  Powers and duties of school board.--The school

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

  9  perform all duties listed below:

10         (15)  PUBLIC INFORMATION AND PARENTAL INVOLVEMENT

11  PROGRAM.--

12         (b)  District school boards shall Encourage teachers

13  and administrators to keep parents and guardians informed of

14  student progress, student programs, student attendance

15  requirements pursuant to ss. 232.17, 232.19, 414.1251, and

16  984.151, and availability of resources for academic

17  assistance.

18         Section 4.  Section 414.125, Florida Statutes, is

19  repealed.

20         Section 5.  This act shall take effect upon becoming a

21  law.

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