HB 715

1
A bill to be entitled
2An act relating to public school attendance; amending ss.
31002.01, 1002.20, 1002.42, and 1002.43, F.S.; conforming
4cross-references; amending s. 1003.01, F.S.; redefining
5the term "habitual truancy" to apply to students who are
6subject to pilot program requirements; defining the term
7"regular program attendance" to conform to changes made by
8the act; amending s. 1003.21, F.S.; requiring that a
9student in a pilot program school district be informed of
10attendance and completion requirements; creating s.
111003.215, F.S.; creating the Student Preparedness Pilot
12Program; requiring that the Duval County School District
13and each selected school district review and identify
14curricula options for certain students; requiring that
15students in pilot program districts who attain the age of
1616 years but have not reached the age of 18 years and who
17do not regularly attend school be subject to specific
18attendance and completion requirements; providing for an
19application and selection process for school district
20participation; specifying procedures for termination of
21school enrollment and requirements for pilot program
22attendance and completion; providing that students who
23select a nontraditional academic option are not eligible
24students for purposes of school grading; requiring that
25the Office of Program Policy Analysis and Government
26Accountability conduct and submit an annual study and
27report; amending s. 1003.26, F.S.; conforming a cross-
28reference; providing an effective date.
29
30Be It Enacted by the Legislature of the State of Florida:
31
32     Section 1.  Section 1002.01, Florida Statutes, is amended
33to read:
34     1002.01  Definitions.-
35     (1)  A "home education program" means the sequentially
36progressive instruction of a student directed by his or her
37parent in order to satisfy the attendance requirements in of ss.
381002.41, 1003.01(13)(a) 1003.01(13), and 1003.21(1).
39     (2)  A "private school" is a nonpublic school defined as an
40individual, association, copartnership, or corporation, or
41department, division, or section of such organizations, that
42designates itself as an educational center that includes
43kindergarten or a higher grade or as an elementary, secondary,
44business, technical, or trade school below college level or any
45organization that provides instructional services that meet the
46requirements in s. 1003.01(13)(a) intent of s. 1003.01(13) or
47that gives preemployment or supplementary training in technology
48or in fields of trade or industry or that offers academic,
49literary, or career training below college level, or any
50combination of the above, including an institution that performs
51the functions of the above schools through correspondence or
52extension, except those licensed under the provisions of chapter
531005. A private school may be a parochial, religious,
54denominational, for-profit, or nonprofit school. This definition
55does not include home education programs conducted in accordance
56with s. 1002.41.
57     Section 2.  Paragraph (b) of subsection (2) of section
581002.20, Florida Statutes, is amended to read:
59     1002.20  K-12 student and parent rights.-Parents of public
60school students must receive accurate and timely information
61regarding their child's academic progress and must be informed
62of ways they can help their child to succeed in school. K-12
63students and their parents are afforded numerous statutory
64rights including, but not limited to, the following:
65     (2)  ATTENDANCE.-
66     (b)  Regular school attendance.-Parents of students who
67have attained the age of 6 years by February 1 of any school
68year but who have not attained the age of 16 years must comply
69with the compulsory school attendance laws. Parents have the
70option to comply with the school attendance laws by attendance
71of the student in a public school; a parochial, religious, or
72denominational school; a private school; a home education
73program; or a private tutoring program, pursuant to s.
741003.01(13)(a) in accordance with the provisions of s.
751003.01(13).
76     Section 3.  Subsection (7) of section 1002.42, Florida
77Statutes, is amended to read:
78     1002.42  Private schools.-
79     (7)  ATTENDANCE REQUIREMENTS.-Attendance of a student at a
80private, parochial, religious, or denominational school
81satisfies the attendance requirements in of ss. 1003.01(13)(a)
821003.01(13) and 1003.21(1).
83     Section 4.  Subsection (1) of section 1002.43, Florida
84Statutes, is amended to read:
85     1002.43  Private tutoring programs.-
86     (1)  Regular school attendance as defined in s.
871003.01(13)(a) s. 1003.01(13) may be achieved by attendance in a
88private tutoring program if the person tutoring the student
89meets the following requirements:
90     (a)  Holds a valid Florida certificate to teach the
91subjects or grades in which instruction is given.
92     (b)  Keeps all records and makes all reports required by
93the state and district school board and makes regular reports on
94the attendance of students in accordance with the provisions of
95s. 1003.23(2).
96     (c)  Requires students to be in actual attendance for the
97minimum length of time prescribed by s. 1011.60(2).
98     Section 5.  Subsections (8) and (13) of section 1003.01,
99Florida Statutes, are amended to read:
100     1003.01  Definitions.-As used in this chapter, the term:
101     (8)  "Habitual truant" means a student who has 15 unexcused
102absences within 90 calendar days with or without the knowledge
103or consent of the student's parent;, is subject to compulsory
104school attendance under s. 1003.21(1) and (2)(a) or is subject
105to the Student Preparedness Pilot Program under s. 1003.215;,
106and is not exempt under s. 1003.21(3), or s. 1003.24, or by
107meeting the criteria for any other exemption specified by law or
108rules of the State Board of Education. Such a student must have
109been the subject of the activities specified in ss. 1003.26 and
1101003.27(3), without resultant successful remediation of the
111truancy problem before being dealt with as a child in need of
112services according to the provisions of chapter 984.
113     (13)(a)  "Regular school attendance" means the actual
114attendance of a student during the school day as defined by law
115and rules of the State Board of Education. Regular attendance
116within the intent of s. 1003.21 may be achieved by attendance
117in:
118     1.(a)  A public school supported by public funds;
119     2.(b)  A parochial, religious, or denominational school;
120     3.(c)  A private school supported in whole or in part by
121tuition charges or by endowments or gifts;
122     4.(d)  A home education program that meets the requirements
123of chapter 1002; or
124     5.(e)  A private tutoring program that meets the
125requirements of chapter 1002.
126     (b)  "Regular program attendance" means actual attendance
127by a student who is participating in the Student Preparedness
128Pilot Program under s. 1003.215 and who has selected a
129traditional or nontraditional academic option as defined by law
130and rules of the State Board of Education. The district school
131superintendent shall enforce the attendance of the student.
132     Section 6.  Paragraph (c) of subsection (1) of section
1331003.21, Florida Statutes, is amended to read:
134     1003.21  School attendance.-
135     (1)
136     (c)  A student who attains the age of 16 years during the
137school year is not subject to compulsory school attendance
138beyond the date upon which he or she attains that age if the
139student files a formal declaration of intent to terminate school
140enrollment with the district school board. Public school
141students who have attained the age of 16 years and who have not
142graduated are subject to compulsory school attendance until the
143formal declaration of intent is filed with the district school
144board. The declaration must acknowledge that terminating school
145enrollment is likely to reduce the student's earning potential
146and must be signed by the student and the student's parent. The
147school district must notify the student's parent of receipt of
148the student's declaration of intent to terminate school
149enrollment. The student's guidance counselor or other school
150personnel must conduct an exit interview with the student to
151determine the reasons for the student's decision to terminate
152school enrollment and actions that could be taken to keep the
153student in school. The student must be informed of opportunities
154to continue his or her education in a different environment,
155including, but not limited to, adult education and GED test
156preparation. Additionally, the student must complete a survey in
157a format prescribed by the Department of Education to provide
158data on student reasons for terminating enrollment and actions
159taken by schools to keep students enrolled. A student enrolled
160in a Student Preparedness Pilot Program school district must
161receive information regarding the program's attendance and
162completion requirements under s. 1003.215.
163     Section 7.  Section 1003.215, Florida Statutes, is created
164to read:
165     1003.215  Student Preparedness Pilot Program.-
166     (1)  The Legislature finds that it is in the public
167interest that all students exit from public schools having
168attained academic skills that provide the students the
169opportunity to pursue postsecondary education or having attained
170skills that lead to ready-to-work certification, industry
171certification, or skill licensure.
172     (2)(a)  Beginning with the 2011-2012 school year, and
173continuing through the 2017-2018 school year, there is created
174the Student Preparedness Pilot Program, which shall be
175implemented as a pilot program by school districts. Students in
176a school district selected to implement the pilot program
177pursuant to subsection (3) who attain the age of 16 years, but
178have not reached the age of 18 years, and who choose to exercise
179their option not to regularly attend school pursuant to s.
1801003.21(1)(c) shall be subject to the attendance and completion
181requirements in this section.
182     (b)  In the 2011-2012 school year, each school district
183selected pursuant to subsection (3) shall review, identify, and
184develop curricula options for the implementation of the pilot
185program requirements pursuant to paragraph (5)(a) for students
186who attain the age of 16 years, but have not reached the age of
18718 years, and whose academic goals may not include a traditional
188high school diploma. These options shall include, but are not
189limited to, nontraditional academic options and flexible
190attendance options, and may include a phasing in of students by
191age or grade. Each selected school district must develop a plan
192to meet the student's needs and the attendance and completion
193requirements in this section before the pilot program is
194implemented in the 2012-2013 school year.
195     (3)  The Department of Education shall develop an
196application process for all school districts to apply to
197participate in the pilot program. The State Board of Education
198shall select the pilot program districts, one of which shall be
199the Duval County School District.
200     (4)  Parents of public school students enrolled in a
201participating pilot program district must receive accurate and
202timely information regarding their child's academic progress and
203must be informed of ways they can help their child succeed in
204school.
205     (5)(a)  A student in a participating pilot program district
206who attains the age of 16 years, but has not reached the age of
20718 years, has the right to file a formal declaration of intent
208to terminate school enrollment if the declaration is signed by
209the parent. The parent has the right to be notified by the
210school district of the district's receipt of the student's
211declaration of intent to terminate school enrollment. The
212student's guidance counselor or other school personnel must
213conduct an exit interview pursuant to s. 1003.21(1)(c). Any
214student in a participating pilot program district who files a
215declaration seeking to terminate school enrollment but has not
216reached the age of 18 years shall be required, until completion
217or attainment of the age of 18 years, to continue pursuing
218credits toward a high school diploma, pursue a high school
219equivalency diploma along with participation in the Florida
220Ready to Work Certification Program under s. 1004.99,
221participate in a career or job training program leading to
222industry certification or skill licensure that is developed by
223or in cooperation with the district school board, or participate
224in the Florida Ready to Work Certification Program under s.
2251004.99.
226     (b)  A Student Preparedness Pilot Program student subject
227to the attendance and completion requirements in this section is
228not an eligible student for purposes of school grading under s.
2291008.34(3)(c) if the student has selected a nontraditional
230academic option as part of the pilot program.
231     (6)  Students who are or become married or who are pregnant
232and parenting have the right to attend school and receive the
233same or equivalent educational instruction as other students.
234     (7)  The Office of Program Policy Analysis and Government
235Accountability (OPPAGA), in cooperation with the participating
236pilot program districts, the applicable state attorneys' offices
237and regional workforce boards, the Agency for Workforce
238Innovation, the Department of Education, and the Department of
239Juvenile Justice, shall conduct a study annually of the impact
240of the pilot program on dropout and graduation rates, on the
241employability of students, and on juvenile crime, using 2010-
2422011 data as the baseline for the research. OPPAGA shall develop
243criteria for the collection and reporting of data using input
244from the cooperating entities. The results of each annual report
245shall be made available to participating pilot program
246districts, the applicable state attorneys' offices and regional
247workforce boards, the Agency for Workforce Education, the
248Department of Education, the Department of Juvenile Justice, the
249Governor, the President of the Senate, and the Speaker of the
250House of Representatives by January 1 following each school
251year, beginning January 1, 2015.
252     Section 8.  Paragraph (f) of subsection (1) of section
2531003.26, Florida Statutes, is amended to read:
254     1003.26  Enforcement of school attendance.-The Legislature
255finds that poor academic performance is associated with
256nonattendance and that school districts must take an active role
257in promoting and enforcing attendance as a means of improving
258student performance. It is the policy of the state that each
259district school superintendent be responsible for enforcing
260school attendance of all students subject to the compulsory
261school age in the school district and supporting enforcement of
262school attendance by local law enforcement agencies. The
263responsibility includes recommending policies and procedures to
264the district school board that require public schools to respond
265in a timely manner to every unexcused absence, and every absence
266for which the reason is unknown, of students enrolled in the
267schools. District school board policies shall require the parent
268of a student to justify each absence of the student, and that
269justification will be evaluated based on adopted district school
270board policies that define excused and unexcused absences. The
271policies must provide that public schools track excused and
272unexcused absences and contact the home in the case of an
273unexcused absence from school, or an absence from school for
274which the reason is unknown, to prevent the development of
275patterns of nonattendance. The Legislature finds that early
276intervention in school attendance is the most effective way of
277producing good attendance habits that will lead to improved
278student learning and achievement. Each public school shall
279implement the following steps to promote and enforce regular
280school attendance:
281     (1)  CONTACT, REFER, AND ENFORCE.-
282     (f)1.  If the parent of a child who has been identified as
283exhibiting a pattern of nonattendance enrolls the child in a
284home education program pursuant to chapter 1002, the district
285school superintendent shall provide the parent a copy of s.
2861002.41 and the accountability requirements in of this
287paragraph. The district school superintendent shall also refer
288the parent to a home education review committee composed of the
289district contact for home education programs and at least two
290home educators selected by the parent from a district list of
291all home educators who have conducted a home education program
292for at least 3 years and who have indicated a willingness to
293serve on the committee. The home education review committee
294shall review the portfolio of the student, as defined by s.
2951002.41, every 30 days during the district's regular school
296terms until the committee is satisfied that the home education
297program is in compliance with s. 1002.41(1)(b). The first
298portfolio review must occur within the first 30 calendar days of
299the establishment of the program. The provisions of subparagraph
3002. do not apply once the committee determines the home education
301program is in compliance with s. 1002.41(1)(b).
302     2.  If the parent fails to provide a portfolio to the
303committee, the committee shall notify the district school
304superintendent. The district school superintendent shall then
305terminate the home education program and require the parent to
306enroll the child in an attendance option that meets the
307definition of "regular school attendance" under s.
3081003.01(13)(a)1., 2., 3., or 5., (b), (c), or (e), within 3
309days. Upon termination of a home education program pursuant to
310this subparagraph, the parent shall not be eligible to reenroll
311the child in a home education program for 180 calendar days.
312Failure of a parent to enroll the child in an attendance option
313as required by this subparagraph after termination of the home
314education program pursuant to this subparagraph shall constitute
315noncompliance with the compulsory attendance requirements of s.
3161003.21 and may result in criminal prosecution under s.
3171003.27(2). Nothing contained herein shall restrict the ability
318of the district school superintendent, or the ability of his or
319her designee, to review the portfolio pursuant to s.
3201002.41(1)(b).
321     Section 9.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.