| 1 | A bill to be entitled |
| 2 | An act relating to school attendance; amending s. 1003.21, |
| 3 | F.S.; authorizing district school board policy to raise |
| 4 | the compulsory school attendance age; amending s. 1003.23, |
| 5 | F.S.; requiring attendance records to include information |
| 6 | relating to student tardiness; providing penalties; |
| 7 | amending s. 1003.24, F.S.; providing that the parent is |
| 8 | responsible for a student's accumulative record of |
| 9 | tardiness; deleting parental exemption from responsibility |
| 10 | for a student's nonattendance; providing penalties; |
| 11 | amending s. 1003.26, F.S.; revising provisions relating to |
| 12 | enforcement of school attendance; providing responsibility |
| 13 | of superintendents, district school boards, schools, |
| 14 | teachers, and parents with respect to accumulative |
| 15 | tardinesses; revising provisions that specify absences for |
| 16 | which intervention is initiated; authorizing a |
| 17 | superintendent to file a truancy petition under certain |
| 18 | circumstances; authorizing a home visit under certain |
| 19 | circumstances; amending ss. 984.03, 985.03, 1002.20, and |
| 20 | 1003.01, F.S.; conforming provisions relating to |
| 21 | compulsory school attendance; providing an effective date. |
| 22 |
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| 23 | Be It Enacted by the Legislature of the State of Florida: |
| 24 |
|
| 25 | Section 1. Paragraphs (a) and (c) of subsection (1) of |
| 26 | section 1003.21, Florida Statutes, are amended to read: |
| 27 | 1003.21 School attendance.-- |
| 28 | (1)(a)1. All children who have attained the age of 6 years |
| 29 | or who will have attained the age of 6 years by February 1 of |
| 30 | any school year or who are older than 6 years of age but who |
| 31 | have not attained the age of 16 years, except as otherwise |
| 32 | provided, are required to attend school regularly during the |
| 33 | entire school term. However, beginning with the 2006-2007 school |
| 34 | year, a district school board may adopt a policy that raises the |
| 35 | compulsory school attendance age from 16 years up to 18 years |
| 36 | for students in the school district who have not graduated from |
| 37 | high school. |
| 38 | 2. Children who will have attained the age of 5 years on |
| 39 | or before September 1 of the school year are eligible for |
| 40 | admission to public kindergartens during that school year under |
| 41 | rules adopted by the district school board. |
| 42 | (c) A student who attains the age of 16 years during the |
| 43 | school year is not subject to compulsory school attendance |
| 44 | beyond the date upon which he or she attains that age if the |
| 45 | student files a formal declaration of intent to terminate school |
| 46 | enrollment with the district school board. The declaration must |
| 47 | acknowledge that terminating school enrollment is likely to |
| 48 | reduce the student's earning potential and must be signed by the |
| 49 | student and the student's parent. The school district must |
| 50 | notify the student's parent of receipt of the student's |
| 51 | declaration of intent to terminate school enrollment. The |
| 52 | declaration must acknowledge that terminating school enrollment |
| 53 | is likely to reduce the student's earning potential and must be |
| 54 | signed by the student and the student's parent. |
| 55 | Section 2. Section 1003.23, Florida Statutes, is amended |
| 56 | to read: |
| 57 | 1003.23 Attendance records and reports.-- |
| 58 | (1) The attendance of all public K-12 school students |
| 59 | shall be checked each school day in the manner prescribed by |
| 60 | rules of the State Board of Education and recorded in the |
| 61 | teacher's register or by some approved system of recording |
| 62 | attendance. Students may be counted in attendance only if they |
| 63 | are actually present at school or are away from school on a |
| 64 | school day and are engaged in an educational activity which |
| 65 | constitutes a part of the school-approved instructional program |
| 66 | for the student. Attendance records shall include time missed |
| 67 | during a school day due to a student's tardiness to any class to |
| 68 | which a student is assigned provided that exceptions to the |
| 69 | recording of tardiness may be established by a district school |
| 70 | board. |
| 71 | (2) All officials, teachers, and other employees in |
| 72 | public, parochial, religious, denominational, and private K-12 |
| 73 | schools, including private tutors, shall keep all records and |
| 74 | shall prepare and submit promptly all reports that may be |
| 75 | required by law and by rules of the State Board of Education and |
| 76 | district school boards. Such records shall include a register of |
| 77 | enrollment and attendance and all persons described above shall |
| 78 | make these reports therefrom as may be required by the State |
| 79 | Board of Education. The enrollment register shall show the |
| 80 | absence or attendance of each student enrolled for each school |
| 81 | day of the year in a manner prescribed by the State Board of |
| 82 | Education. The register shall be open for the inspection by the |
| 83 | designated school representative or the district school |
| 84 | superintendent of the district in which the school is located. |
| 85 | (3) Violation of the provisions of this section shall be a |
| 86 | misdemeanor of the second degree, punishable as provided by law. |
| 87 | (4) This section shall not apply to home education |
| 88 | programs provided in s. 1002.41. |
| 89 | Section 3. Section 1003.24, Florida Statutes, is amended |
| 90 | to read: |
| 91 | 1003.24 Parents responsible for attendance of children; |
| 92 | attendance policy.--Each parent of a child within the compulsory |
| 93 | attendance age is responsible for the child's school attendance |
| 94 | as required by law. The absence of a student from school or an |
| 95 | accumulative record of tardiness is prima facie evidence of a |
| 96 | violation of this section; however, criminal prosecution under |
| 97 | this chapter may not be brought against a parent until the |
| 98 | provisions of s. 1003.26 have been complied with. A parent of a |
| 99 | student is not responsible for the student's nonattendance at |
| 100 | school under, but not limited to, any of the following |
| 101 | conditions: |
| 102 | (1) WITH PERMISSION.--The absence was with permission of |
| 103 | the head of the school; |
| 104 | (2) WITHOUT KNOWLEDGE.--The absence was without the |
| 105 | parent's knowledge, consent, or connivance, in which case the |
| 106 | student shall be dealt with as a dependent child; |
| 107 | (3) FINANCIAL INABILITY.--The parent was unable |
| 108 | financially to provide necessary clothes for the student, which |
| 109 | inability was reported in writing to the superintendent prior to |
| 110 | the opening of school or immediately after the beginning of such |
| 111 | inability, provided that the validity of any claim for exemption |
| 112 | under this subsection shall be determined by the district school |
| 113 | superintendent subject to appeal to the district school board; |
| 114 | or |
| 115 | (4) SICKNESS, INJURY, OR OTHER INSURMOUNTABLE |
| 116 | CONDITION.--Attendance was impracticable or inadvisable on |
| 117 | account of sickness or injury, attested to by a written |
| 118 | statement of a licensed practicing physician, or was |
| 119 | impracticable because of some other stated insurmountable |
| 120 | condition as defined by rules of the State Board of Education. |
| 121 | If a student is continually sick and repeatedly absent from |
| 122 | school, he or she must be under the supervision of a physician |
| 123 | in order to receive an excuse from attendance. Such excuse |
| 124 | provides that a student's condition justifies absence for more |
| 125 | than the number of days permitted by the district school board. |
| 126 |
|
| 127 | Each district school board shall establish an attendance policy |
| 128 | that includes, but is not limited to, the required number of |
| 129 | days each school year that a student must be in attendance and |
| 130 | the number of absences or and tardinesses after which a |
| 131 | statement explaining such absences or and tardinesses must be on |
| 132 | file at the school. Each school in the district must determine |
| 133 | if an absence or tardiness is excused or unexcused according to |
| 134 | criteria established by the district school board. |
| 135 | Section 4. Section 1003.26, Florida Statutes, is amended |
| 136 | to read: |
| 137 | 1003.26 Enforcement of school attendance.--The Legislature |
| 138 | finds that poor academic performance is associated with |
| 139 | nonattendance and that schools must take an active role in |
| 140 | promoting regular school attendance and supporting law |
| 141 | enforcement agencies in the enforcement of compulsory school |
| 142 | enforcing attendance as a means of improving the performance of |
| 143 | many students. It is the policy of the state that each district |
| 144 | school superintendent be responsible for enforcing school |
| 145 | attendance of all students subject to the compulsory school age |
| 146 | in the school district. The responsibility of the district |
| 147 | school superintendent includes recommending to the district |
| 148 | school board policies and procedures to ensure that schools |
| 149 | respond in a timely manner to every unexcused absence, every or |
| 150 | absence for which the reason is unknown, or accumulative |
| 151 | tardinesses of students enrolled in the schools. District school |
| 152 | board policies must require each parent of a student to justify |
| 153 | each absence or the accumulative tardinesses of the student, and |
| 154 | that justification will be evaluated based on adopted district |
| 155 | school board policies that define excused and unexcused absences |
| 156 | and tardinesses. The policies must provide that schools track |
| 157 | excused and unexcused absences and unexcused tardinesses and |
| 158 | contact the home in the case of an unexcused absence from |
| 159 | school, or an absence from school for which the reason is |
| 160 | unknown, or accumulative tardinesses to prevent the development |
| 161 | of patterns of nonattendance. The Legislature finds that early |
| 162 | intervention in school attendance matters is the most effective |
| 163 | way of producing good attendance habits that will lead to |
| 164 | improved student learning and achievement. Each public school |
| 165 | shall implement the following steps to promote enforce regular |
| 166 | school attendance: |
| 167 | (1) CONTACT, REFER, AND ENFORCE.-- |
| 168 | (a)1. Upon each unexcused absence, or absence for which |
| 169 | the reason is unknown, the school principal or his or her |
| 170 | designee shall contact the student's parent to determine the |
| 171 | reason for the absence. If the absence is an excused absence, as |
| 172 | defined by district school board policy, the school shall |
| 173 | provide opportunities for the student to make up assigned work |
| 174 | and not receive an academic penalty unless the work is not made |
| 175 | up within a reasonable time. |
| 176 | 2. According to district school board policy, a school |
| 177 | must notify a student's parent in writing of accumulative |
| 178 | tardinesses. If accumulative tardinesses are excused, as defined |
| 179 | by district school board policy, the school shall provide |
| 180 | opportunities for the student to make up assigned work and not |
| 181 | receive an academic penalty unless the work is not made up |
| 182 | within a reasonable time. A parent shall be required to |
| 183 | participate in the development of an individual attendance plan |
| 184 | to improve his or her child's ability to meet the tardiness |
| 185 | policy of the district school board. |
| 186 | (b) If a student has an accumulative record of tardiness |
| 187 | or has had at least five unexcused absences, or absences for |
| 188 | which the reasons are unknown, or a fewer number of unexcused |
| 189 | absences or absences for which the reasons are unknown as |
| 190 | established in district school board policy within a calendar |
| 191 | month or 10 unexcused absences, or absences for which the |
| 192 | reasons are unknown, within a 90-calendar-day period, the |
| 193 | student's primary teacher shall report to the school principal |
| 194 | or his or her designee that the student may be exhibiting a |
| 195 | pattern of nonattendance. The principal shall, unless there is |
| 196 | clear evidence that the tardinesses or absences are not a |
| 197 | pattern of nonattendance, refer the case to the school's child |
| 198 | study team to determine if early patterns of truancy are |
| 199 | developing. If the child study team finds that a pattern of |
| 200 | nonattendance is developing, whether the tardinesses or absences |
| 201 | are excused or not, a meeting with the parent must be scheduled |
| 202 | to identify potential remedies, and the principal shall notify |
| 203 | the district school superintendent and the school district |
| 204 | contact for home education programs that the referred student is |
| 205 | exhibiting a pattern of nonattendance. |
| 206 | (c) If an initial meeting does not resolve the problem, |
| 207 | the child study team shall implement interventions that best |
| 208 | address the problem. The interventions may include, but need not |
| 209 | be limited to: |
| 210 | 1. Frequent communication between the teacher and the |
| 211 | family; |
| 212 | 2. Changes in the learning environment; |
| 213 | 3. Mentoring; |
| 214 | 4. Student counseling; |
| 215 | 5. Tutoring, including peer tutoring; |
| 216 | 6. Placement into different classes; |
| 217 | 7. Evaluation for alternative education programs; |
| 218 | 8. Attendance contracts; |
| 219 | 9. Referral to other agencies for family services; or |
| 220 | 10. Other interventions, including, but not limited to, a |
| 221 | truancy petition pursuant to s. 984.151. |
| 222 | (d) The child study team shall be diligent in facilitating |
| 223 | intervention services and shall report the case to the district |
| 224 | school superintendent only when all reasonable efforts to |
| 225 | resolve the nonattendance behavior are exhausted. |
| 226 | (e) If the parent refuses to participate in the remedial |
| 227 | strategies because he or she believes that those strategies are |
| 228 | unnecessary or inappropriate, the parent may appeal to the |
| 229 | district school board. The district school board may provide a |
| 230 | hearing officer, and the hearing officer shall make a |
| 231 | recommendation for final action to the district school board. If |
| 232 | the district school board's final determination is that the |
| 233 | strategies of the child study team are appropriate, and the |
| 234 | parent still refuses to participate or cooperate, the district |
| 235 | school superintendent may seek criminal prosecution for |
| 236 | noncompliance with compulsory school attendance. |
| 237 | (f)1. If the parent of a child who has been identified as |
| 238 | exhibiting a pattern of nonattendance enrolls the child in a |
| 239 | home education program pursuant to chapter 1002, the district |
| 240 | school superintendent shall provide the parent a copy of s. |
| 241 | 1002.41 and the accountability requirements of this paragraph. |
| 242 | The district school superintendent shall also refer the parent |
| 243 | to a home education review committee composed of the district |
| 244 | contact for home education programs and at least two home |
| 245 | educators selected by the parent from a district list of all |
| 246 | home educators who have conducted a home education program for |
| 247 | at least 3 years and who have indicated a willingness to serve |
| 248 | on the committee. The home education review committee shall |
| 249 | review the portfolio of the student, as defined by s. 1002.41, |
| 250 | every 30 days during the district's regular school terms until |
| 251 | the committee is satisfied that the home education program is in |
| 252 | compliance with s. 1002.41(1)(b). The first portfolio review |
| 253 | must occur within the first 30 calendar days of the |
| 254 | establishment of the program. The provisions of subparagraph 2. |
| 255 | do not apply once the committee determines the home education |
| 256 | program is in compliance with s. 1002.41(1)(b). |
| 257 | 2. If the parent fails to provide a portfolio to the |
| 258 | committee, the committee shall notify the district school |
| 259 | superintendent. The district school superintendent shall then |
| 260 | terminate the home education program and require the parent to |
| 261 | enroll the child in an attendance option that meets the |
| 262 | definition of "regular school attendance" under s. |
| 263 | 1003.01(13)(a), (b), (c), or (e), within 3 days. Upon |
| 264 | termination of a home education program pursuant to this |
| 265 | subparagraph, the parent shall not be eligible to reenroll the |
| 266 | child in a home education program for 180 calendar days. Failure |
| 267 | of a parent to enroll the child in an attendance option as |
| 268 | required by this subparagraph after termination of the home |
| 269 | education program pursuant to this subparagraph shall constitute |
| 270 | noncompliance with the compulsory attendance requirements of s. |
| 271 | 1003.21 and may result in criminal prosecution under s. |
| 272 | 1003.27(2). Nothing contained herein shall restrict the ability |
| 273 | of the district school superintendent, or the ability of his or |
| 274 | her designee, to review the portfolio pursuant to s. |
| 275 | 1002.41(1)(b). |
| 276 | (g) If a student subject to compulsory school attendance |
| 277 | will not comply with attempts to enforce school attendance, the |
| 278 | parent or the district school superintendent or his or her |
| 279 | designee shall refer the case to the case staffing committee |
| 280 | pursuant to s. 984.12. In the event that the implementation of a |
| 281 | plan for services developed pursuant to s. 984.12 is |
| 282 | unsuccessful in correcting a student's noncompliance with |
| 283 | compulsory school attendance, and the district school |
| 284 | superintendent or his or her designee may file a truancy |
| 285 | petition pursuant to the procedures in s. 984.151. |
| 286 | (2) GIVE WRITTEN NOTICE.-- |
| 287 | (a) Under the direction of the district school |
| 288 | superintendent, a designated school representative shall give |
| 289 | written notice that requires enrollment or attendance within 3 |
| 290 | days after the date of notice, in person or by return-receipt |
| 291 | mail, to the parent when no valid reason is found for a |
| 292 | student's nonenrollment in school. If the notice and requirement |
| 293 | are ignored, the designated school representative shall report |
| 294 | the case to the district school superintendent, and may refer |
| 295 | the case to the case staffing committee, established pursuant to |
| 296 | s. 984.12. The district school superintendent shall take such |
| 297 | steps as are necessary to bring criminal prosecution against the |
| 298 | parent. |
| 299 | (b) Subsequent to the activities required under subsection |
| 300 | (1), the district school superintendent or his or her designee |
| 301 | shall give written notice in person or by return-receipt mail to |
| 302 | the parent that criminal prosecution is being sought for |
| 303 | nonattendance. The district school superintendent may file a |
| 304 | truancy petition, as defined in s. 984.03, following the |
| 305 | procedures outlined in s. 984.151. |
| 306 | (3) RETURN STUDENT TO PARENT.--A designated school |
| 307 | representative may shall visit the home or place of residence of |
| 308 | a student and any other place in which he or she is likely to |
| 309 | find any student who is required to attend school when the |
| 310 | student is not enrolled or is absent from school during school |
| 311 | hours without an excuse, and, when the student is found, shall |
| 312 | return the student to his or her parent or to the principal or |
| 313 | teacher in charge of the school, or to the private tutor from |
| 314 | whom absent, or to the juvenile assessment center or other |
| 315 | location established by the district school board to receive |
| 316 | students who are absent from school. Upon receipt of the |
| 317 | student, the parent shall be immediately notified. |
| 318 | (4) REPORT TO APPROPRIATE AUTHORITY.--A designated school |
| 319 | representative shall report to the appropriate authority |
| 320 | designated by law to receive such notices, all violations of the |
| 321 | Child Labor Law that may come to his or her knowledge. |
| 322 | (5) RIGHT TO INSPECT.--A designated school representative |
| 323 | shall have the right of access to, and inspection of, |
| 324 | establishments where minors may be employed or detained only for |
| 325 | the purpose of ascertaining whether students of compulsory |
| 326 | school age are actually employed there and are actually working |
| 327 | there regularly. The designated school representative shall, if |
| 328 | he or she finds unsatisfactory working conditions or violations |
| 329 | of the Child Labor Law, report his or her findings to the |
| 330 | appropriate authority. |
| 331 | Section 5. Paragraph (a) of subsection (27) of section |
| 332 | 984.03, Florida Statutes, is amended to read: |
| 333 | 984.03 Definitions.--When used in this chapter, the term: |
| 334 | (27) "Habitually truant" means that: |
| 335 | (a) The child has 15 unexcused absences within 90 calendar |
| 336 | days with or without the knowledge or justifiable consent of the |
| 337 | child's parent or legal guardian, is subject to compulsory |
| 338 | school attendance under s. 1003.21(1) and (2)(a), and is not |
| 339 | exempt under s. 1003.21(3), s. 1003.24, or any other exemptions |
| 340 | specified by law or the rules of the State Board of Education. |
| 341 |
|
| 342 | If a child who is subject to compulsory school attendance is |
| 343 | responsive to the interventions described in ss. 1003.26 and |
| 344 | 1003.27(3) and has completed the necessary requirements to pass |
| 345 | the current grade as indicated in the district pupil progression |
| 346 | plan, the child shall not be determined to be habitually truant |
| 347 | and shall be passed. If a child within the compulsory school |
| 348 | attendance age has 15 unexcused absences within 90 calendar days |
| 349 | or fails to enroll in school, the State Attorney may, or the |
| 350 | appropriate jurisdictional agency shall, file a child-in-need- |
| 351 | of-services petition if recommended by the case staffing |
| 352 | committee, unless it is determined that another alternative |
| 353 | action is preferable. The failure or refusal of the parent or |
| 354 | legal guardian or the child to participate, or make a good faith |
| 355 | effort to participate, in the activities prescribed to remedy |
| 356 | the truant behavior, or the failure or refusal of the child to |
| 357 | return to school after participation in activities required by |
| 358 | this subsection, or the failure of the child to stop the truant |
| 359 | behavior after the school administration and the Department of |
| 360 | Juvenile Justice have worked with the child as described in ss. |
| 361 | 1003.26 and 1003.27(3) shall be handled as prescribed in s. |
| 362 | 1003.27. |
| 363 | Section 6. Subsection (26) of section 985.03, Florida |
| 364 | Statutes, is amended to read: |
| 365 | 985.03 Definitions.--As used in this chapter, the term: |
| 366 | (26) "Habitually truant" means that: |
| 367 | (a)1. The child has 15 unexcused absences within 90 |
| 368 | calendar days with or without the knowledge or justifiable |
| 369 | consent of the child's parent or legal guardian, is subject to |
| 370 | compulsory school attendance under s. 1003.21(1) and (2)(a), and |
| 371 | is not exempt under s. 1003.21(3), s. 1003.24, or any other |
| 372 | exemptions specified by law or the rules of the State Board of |
| 373 | Education. |
| 374 | 2.(b) Escalating activities to determine the cause, and to |
| 375 | attempt the remediation, of the child's truant behavior under |
| 376 | ss. 1003.26 and 1003.27 have been completed. |
| 377 |
|
| 378 | If a child who is subject to compulsory school attendance is |
| 379 | responsive to the interventions described in ss. 1003.26 and |
| 380 | 1003.27 and has completed the necessary requirements to pass the |
| 381 | current grade as indicated in the district pupil progression |
| 382 | plan, the child shall not be determined to be habitually truant |
| 383 | and shall be passed. If a child within the compulsory school |
| 384 | attendance age has 15 unexcused absences within 90 calendar days |
| 385 | or fails to enroll in school, the state attorney may file a |
| 386 | child-in-need-of-services petition. Before filing a petition, |
| 387 | the child must be referred to the appropriate agency for |
| 388 | evaluation. After consulting with the evaluating agency, the |
| 389 | state attorney may elect to file a child-in-need-of-services |
| 390 | petition. |
| 391 | (b)(c) A school representative, designated according to |
| 392 | school board policy, and a juvenile probation officer of the |
| 393 | department have jointly investigated the truancy problem or, if |
| 394 | that was not feasible, have performed separate investigations to |
| 395 | identify conditions that could be contributing to the truant |
| 396 | behavior; and if, after a joint staffing of the case to |
| 397 | determine the necessity for services, such services were |
| 398 | determined to be needed, the persons who performed the |
| 399 | investigations met jointly with the family and child to discuss |
| 400 | any referral to appropriate community agencies for economic |
| 401 | services, family or individual counseling, or other services |
| 402 | required to remedy the conditions that are contributing to the |
| 403 | truant behavior. |
| 404 | (c)(d) The failure or refusal of the parent or legal |
| 405 | guardian or the child to participate, or make a good faith |
| 406 | effort to participate, in the activities prescribed to remedy |
| 407 | the truant behavior, or the failure or refusal of the child to |
| 408 | return to school after participation in activities required by |
| 409 | this subsection, or the failure of the child to stop the truant |
| 410 | behavior after the school administration and the department have |
| 411 | worked with the child as described in s. 1003.27(3) shall be |
| 412 | handled as prescribed in s. 1003.27. |
| 413 | Section 7. Paragraphs (a) and (b) of subsection (2) of |
| 414 | section 1002.20, Florida Statutes, are amended to read: |
| 415 | 1002.20 K-12 student and parent rights.--Parents of public |
| 416 | school students must receive accurate and timely information |
| 417 | regarding their child's academic progress and must be informed |
| 418 | of ways they can help their child to succeed in school. K-12 |
| 419 | students and their parents are afforded numerous statutory |
| 420 | rights including, but not limited to, the following: |
| 421 | (2) ATTENDANCE.-- |
| 422 | (a) Compulsory school attendance.--The compulsory school |
| 423 | attendance laws apply to all children between the ages of 6 and |
| 424 | 16 years, as provided in s. 1003.21(1) and (2)(a), and, in |
| 425 | accordance with the provisions of s. 1003.21(1) and (2)(a): |
| 426 | 1. A student who attains the age of 16 years during the |
| 427 | school year has the right to file a formal declaration of intent |
| 428 | to terminate school enrollment if the declaration is signed by |
| 429 | the parent. The parent has the right to be notified by the |
| 430 | school district of the district's receipt of the student's |
| 431 | declaration of intent to terminate school enrollment. |
| 432 | 2. Students who become or have become married or who are |
| 433 | pregnant and parenting have the right to attend school and |
| 434 | receive the same or equivalent educational instruction as other |
| 435 | students. |
| 436 | (b) Regular school attendance.--Parents of students who |
| 437 | have attained the age of 6 years by February 1 of any school |
| 438 | year but who have not attained the age of 16 years, or the age |
| 439 | adopted by district school board policy pursuant to s. |
| 440 | 1003.21(1), must comply with the compulsory school attendance |
| 441 | laws. Parents have the option to comply with the school |
| 442 | attendance laws by attendance of the student in a public school; |
| 443 | a parochial, religious, or denominational school; a private |
| 444 | school; a home education program; or a private tutoring program, |
| 445 | in accordance with the provisions of s. 1003.01(13). |
| 446 | Section 8. Subsection (8) of section 1003.01, Florida |
| 447 | Statutes, is amended to read: |
| 448 | 1003.01 Definitions.--As used in this chapter, the term: |
| 449 | (8) "Habitual truant" means a student who has 15 unexcused |
| 450 | absences within 90 calendar days with or without the knowledge |
| 451 | or consent of the student's parent, is subject to compulsory |
| 452 | school attendance under s. 1003.21(1) and (2)(a), and is not |
| 453 | exempt under s. 1003.21(3) or s. 1003.24, or by meeting the |
| 454 | criteria for any other exemption specified by law or rules of |
| 455 | the State Board of Education. Such a student must have been the |
| 456 | subject of the activities specified in ss. 1003.26 and |
| 457 | 1003.27(3), without resultant successful remediation of the |
| 458 | truancy problem before being dealt with as a child in need of |
| 459 | services according to the provisions of chapter 984. |
| 460 | Section 9. This act shall take effect July 1, 2006. |