| 1 | The PreK-12 Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to school attendance; amending s. 1003.02, |
| 7 | F.S.; authorizing district school board attendance |
| 8 | policies to allow accumulated tardies and early departures |
| 9 | to be recorded as unexcused absences; authorizing district |
| 10 | school board policies for student referral to a child |
| 11 | study team under certain circumstances; amending s. |
| 12 | 1003.21, F.S.; providing that students who have attained |
| 13 | 16 years of age and have not graduated are subject to |
| 14 | compulsory school attendance under certain circumstances; |
| 15 | requiring student exit interviews prior to terminating |
| 16 | school enrollment; amending s. 1003.26, F.S.; providing |
| 17 | district school superintendent's responsibility to support |
| 18 | local law enforcement agencies in enforcing school |
| 19 | attendance; providing required and authorized child study |
| 20 | team interventions; authorizing visits by school |
| 21 | representatives; providing an effective date. |
| 22 |
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| 23 | Be It Enacted by the Legislature of the State of Florida: |
| 24 |
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| 25 | Section 1. Paragraph (b) of subsection (1) of section |
| 26 | 1003.02, Florida Statutes, is amended to read: |
| 27 | 1003.02 District school board operation and control of |
| 28 | public K-12 education within the school district.--As provided |
| 29 | in part II of chapter 1001, district school boards are |
| 30 | constitutionally and statutorily charged with the operation and |
| 31 | control of public K-12 education within their school district. |
| 32 | The district school boards must establish, organize, and operate |
| 33 | their public K-12 schools and educational programs, employees, |
| 34 | and facilities. Their responsibilities include staff |
| 35 | development, public K-12 school student education including |
| 36 | education for exceptional students and students in juvenile |
| 37 | justice programs, special programs, adult education programs, |
| 38 | and career education programs. Additionally, district school |
| 39 | boards must: |
| 40 | (1) Provide for the proper accounting for all students of |
| 41 | school age, for the attendance and control of students at |
| 42 | school, and for proper attention to health, safety, and other |
| 43 | matters relating to the welfare of students in the following |
| 44 | fields: |
| 45 | (b) Enforcement of attendance laws.--Provide for the |
| 46 | enforcement of all laws and rules relating to the attendance of |
| 47 | students at school. District school boards are authorized to |
| 48 | establish policies that allow accumulated unexcused tardies, |
| 49 | regardless of when they occur during the school day, and early |
| 50 | departures from school to be recorded as unexcused absences. |
| 51 | District school boards are also authorized to establish policies |
| 52 | that require referral to a school's child study team for |
| 53 | students who have fewer absences than the number required by s. |
| 54 | 1003.26(1)(b). |
| 55 | Section 2. Paragraph (c) of subsection (1) of section |
| 56 | 1003.21, Florida Statutes, is amended to read: |
| 57 | 1003.21 School attendance.-- |
| 58 | (1) |
| 59 | (c) A student who attains the age of 16 years during the |
| 60 | school year is not subject to compulsory school attendance |
| 61 | beyond the date upon which he or she attains that age if the |
| 62 | student files a formal declaration of intent to terminate school |
| 63 | enrollment with the district school board. Public school |
| 64 | students who have attained the age of 16 years and who have not |
| 65 | graduated are subject to compulsory school attendance until the |
| 66 | formal declaration of intent is filed with the district school |
| 67 | board. The declaration must acknowledge that terminating school |
| 68 | enrollment is likely to reduce the student's earning potential |
| 69 | and must be signed by the student and the student's parent. The |
| 70 | school district must notify the student's parent of receipt of |
| 71 | the student's declaration of intent to terminate school |
| 72 | enrollment. The student's guidance counselor or other school |
| 73 | personnel must conduct an exit interview with the student to |
| 74 | determine the reasons for the student's decision to terminate |
| 75 | school enrollment and actions that could be taken to keep the |
| 76 | student in school. The student must be informed of opportunities |
| 77 | to continue his or her education in a different environment, |
| 78 | including, but not limited to, adult education and GED test |
| 79 | preparation. Additionally, the student must complete a survey in |
| 80 | a format prescribed by the Department of Education to provide |
| 81 | data on student reasons for terminating enrollment and actions |
| 82 | taken by schools to keep students enrolled. |
| 83 | Section 3. Section 1003.26, Florida Statutes, is amended |
| 84 | to read: |
| 85 | 1003.26 Enforcement of school attendance.--The Legislature |
| 86 | finds that poor academic performance is associated with |
| 87 | nonattendance and that school districts schools must take an |
| 88 | active role in promoting and enforcing attendance as a means of |
| 89 | improving student the performance of many students. It is the |
| 90 | policy of the state that each district school superintendent be |
| 91 | responsible for enforcing school attendance of all students |
| 92 | subject to the compulsory school age in the school district and |
| 93 | supporting enforcement of school attendance by local law |
| 94 | enforcement agencies. The responsibility includes recommending |
| 95 | policies and procedures to the district school board policies |
| 96 | and procedures to ensure that require public schools to respond |
| 97 | in a timely manner to every unexcused absence, and every or |
| 98 | absence for which the reason is unknown, of students enrolled in |
| 99 | the schools. District school board policies shall must require |
| 100 | the each parent of a student to justify each absence of the |
| 101 | student, and that justification will be evaluated based on |
| 102 | adopted district school board policies that define excused and |
| 103 | unexcused absences. The policies must provide that public |
| 104 | schools track excused and unexcused absences and contact the |
| 105 | home in the case of an unexcused absence from school, or an |
| 106 | absence from school for which the reason is unknown, to prevent |
| 107 | the development of patterns of nonattendance. The Legislature |
| 108 | finds that early intervention in school attendance matters is |
| 109 | the most effective way of producing good attendance habits that |
| 110 | will lead to improved student learning and achievement. Each |
| 111 | public school shall implement the following steps to promote and |
| 112 | enforce regular school attendance: |
| 113 | (1) CONTACT, REFER, AND ENFORCE.-- |
| 114 | (a) Upon each unexcused absence, or absence for which the |
| 115 | reason is unknown, the school principal or his or her designee |
| 116 | shall contact the student's parent to determine the reason for |
| 117 | the absence. If the absence is an excused absence, as defined by |
| 118 | district school board policy, the school shall provide |
| 119 | opportunities for the student to make up assigned work and not |
| 120 | receive an academic penalty unless the work is not made up |
| 121 | within a reasonable time. |
| 122 | (b) If a student has had at least five unexcused absences, |
| 123 | or absences for which the reasons are unknown, within a calendar |
| 124 | month or 10 unexcused absences, or absences for which the |
| 125 | reasons are unknown, within a 90-calendar-day period, the |
| 126 | student's primary teacher shall report to the school principal |
| 127 | or his or her designee that the student may be exhibiting a |
| 128 | pattern of nonattendance. The principal shall, unless there is |
| 129 | clear evidence that the absences are not a pattern of |
| 130 | nonattendance, refer the case to the school's child study team |
| 131 | to determine if early patterns of truancy are developing. If the |
| 132 | child study team finds that a pattern of nonattendance is |
| 133 | developing, whether the absences are excused or not, a meeting |
| 134 | with the parent must be scheduled to identify potential |
| 135 | remedies, and the principal shall notify the district school |
| 136 | superintendent and the school district contact for home |
| 137 | education programs that the referred student is exhibiting a |
| 138 | pattern of nonattendance. |
| 139 | (c) If an initial meeting does not resolve the problem, |
| 140 | the child study team shall implement the following interventions |
| 141 | that best address the problem. The interventions may include, |
| 142 | but need not be limited to: |
| 143 | 1. Frequent attempts at communication between the teacher |
| 144 | and the family.; |
| 145 | 2. Changes in the learning environment; |
| 146 | 3. Mentoring; |
| 147 | 4. Student counseling; |
| 148 | 5. Tutoring, including peer tutoring; |
| 149 | 6. Placement into different classes; |
| 150 | 2.7. Evaluation for alternative education programs.; |
| 151 | 3.8. Attendance contracts.; |
| 152 | 9. Referral to other agencies for family services; or |
| 153 | 10. Other interventions, including, but not limited to, a |
| 154 | truancy petition pursuant to s. 984.151. |
| 155 |
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| 156 | The child study team may, but is not required to, implement |
| 157 | other interventions, including referral to other agencies for |
| 158 | family services or recommendation for filing a truancy petition |
| 159 | pursuant to s. 984.151. |
| 160 | (d) The child study team shall be diligent in facilitating |
| 161 | intervention services and shall report the case to the district |
| 162 | school superintendent only when all reasonable efforts to |
| 163 | resolve the nonattendance behavior are exhausted. |
| 164 | (e) If the parent refuses to participate in the remedial |
| 165 | strategies because he or she believes that those strategies are |
| 166 | unnecessary or inappropriate, the parent may appeal to the |
| 167 | district school board. The district school board may provide a |
| 168 | hearing officer, and the hearing officer shall make a |
| 169 | recommendation for final action to the district school board. If |
| 170 | the district school board's final determination is that the |
| 171 | strategies of the child study team are appropriate, and the |
| 172 | parent still refuses to participate or cooperate, the district |
| 173 | school superintendent may seek criminal prosecution for |
| 174 | noncompliance with compulsory school attendance. |
| 175 | (f)1. If the parent of a child who has been identified as |
| 176 | exhibiting a pattern of nonattendance enrolls the child in a |
| 177 | home education program pursuant to chapter 1002, the district |
| 178 | school superintendent shall provide the parent a copy of s. |
| 179 | 1002.41 and the accountability requirements of this paragraph. |
| 180 | The district school superintendent shall also refer the parent |
| 181 | to a home education review committee composed of the district |
| 182 | contact for home education programs and at least two home |
| 183 | educators selected by the parent from a district list of all |
| 184 | home educators who have conducted a home education program for |
| 185 | at least 3 years and who have indicated a willingness to serve |
| 186 | on the committee. The home education review committee shall |
| 187 | review the portfolio of the student, as defined by s. 1002.41, |
| 188 | every 30 days during the district's regular school terms until |
| 189 | the committee is satisfied that the home education program is in |
| 190 | compliance with s. 1002.41(1)(b). The first portfolio review |
| 191 | must occur within the first 30 calendar days of the |
| 192 | establishment of the program. The provisions of subparagraph 2. |
| 193 | do not apply once the committee determines the home education |
| 194 | program is in compliance with s. 1002.41(1)(b). |
| 195 | 2. If the parent fails to provide a portfolio to the |
| 196 | committee, the committee shall notify the district school |
| 197 | superintendent. The district school superintendent shall then |
| 198 | terminate the home education program and require the parent to |
| 199 | enroll the child in an attendance option that meets the |
| 200 | definition of "regular school attendance" under s. |
| 201 | 1003.01(13)(a), (b), (c), or (e), within 3 days. Upon |
| 202 | termination of a home education program pursuant to this |
| 203 | subparagraph, the parent shall not be eligible to reenroll the |
| 204 | child in a home education program for 180 calendar days. Failure |
| 205 | of a parent to enroll the child in an attendance option as |
| 206 | required by this subparagraph after termination of the home |
| 207 | education program pursuant to this subparagraph shall constitute |
| 208 | noncompliance with the compulsory attendance requirements of s. |
| 209 | 1003.21 and may result in criminal prosecution under s. |
| 210 | 1003.27(2). Nothing contained herein shall restrict the ability |
| 211 | of the district school superintendent, or the ability of his or |
| 212 | her designee, to review the portfolio pursuant to s. |
| 213 | 1002.41(1)(b). |
| 214 | (g) If a student subject to compulsory school attendance |
| 215 | will not comply with attempts to enforce school attendance, the |
| 216 | parent or the district school superintendent or his or her |
| 217 | designee shall refer the case to the case staffing committee |
| 218 | pursuant to s. 984.12, and the district school superintendent or |
| 219 | his or her designee may file a truancy petition pursuant to the |
| 220 | procedures in s. 984.151. |
| 221 | (2) GIVE WRITTEN NOTICE.-- |
| 222 | (a) Under the direction of the district school |
| 223 | superintendent, a designated school representative shall give |
| 224 | written notice that requires enrollment or attendance within 3 |
| 225 | days after the date of notice, in person or by return-receipt |
| 226 | mail, to the parent when no valid reason is found for a |
| 227 | student's nonenrollment in school. If the notice and requirement |
| 228 | are ignored, the designated school representative shall report |
| 229 | the case to the district school superintendent, and may refer |
| 230 | the case to the case staffing committee, established pursuant to |
| 231 | s. 984.12. The district school superintendent shall take such |
| 232 | steps as are necessary to bring criminal prosecution against the |
| 233 | parent. |
| 234 | (b) Subsequent to the activities required under subsection |
| 235 | (1), the district school superintendent or his or her designee |
| 236 | shall give written notice in person or by return-receipt mail to |
| 237 | the parent that criminal prosecution is being sought for |
| 238 | nonattendance. The district school superintendent may file a |
| 239 | truancy petition, as defined in s. 984.03, following the |
| 240 | procedures outlined in s. 984.151. |
| 241 | (3) RETURN STUDENT TO PARENT.--A designated school |
| 242 | representative may shall visit the home or place of residence of |
| 243 | a student and any other place in which he or she is likely to |
| 244 | find any student who is required to attend school when the |
| 245 | student is not enrolled or is absent from school during school |
| 246 | hours without an excuse, and, when the student is found, shall |
| 247 | return the student to his or her parent or to the principal or |
| 248 | teacher in charge of the school, or to the private tutor from |
| 249 | whom absent, or to the juvenile assessment center or other |
| 250 | location established by the district school board to receive |
| 251 | students who are absent from school. Upon receipt of the |
| 252 | student, the parent shall be immediately notified. |
| 253 | (4) REPORT TO APPROPRIATE AUTHORITY.--A designated school |
| 254 | representative shall report to the appropriate authority |
| 255 | designated by law to receive such notices, all violations of the |
| 256 | Child Labor Law that may come to his or her knowledge. |
| 257 | (5) RIGHT TO INSPECT.--A designated school representative |
| 258 | shall have the right of access to, and inspection of, |
| 259 | establishments where minors may be employed or detained only for |
| 260 | the purpose of ascertaining whether students of compulsory |
| 261 | school age are actually employed there and are actually working |
| 262 | there regularly. The designated school representative shall, if |
| 263 | he or she finds unsatisfactory working conditions or violations |
| 264 | of the Child Labor Law, report his or her findings to the |
| 265 | appropriate authority. |
| 266 | Section 4. This act shall take effect July 1, 2006. |