Florida Senate - 2017 SB 1556 By Senator Lee 20-00990B-17 20171556__ 1 A bill to be entitled 2 An act relating to education; amending s. 1002.41, 3 F.S.; prohibiting a district school board from 4 requiring any additional information or verification 5 from a home education program parent under certain 6 circumstances; authorizing a school district to 7 provide home education program students with access to 8 certain courses and programs offered by the school 9 district; requiring reporting by the school district 10 and funding through the Florida Education Finance 11 Program; requiring that home education program 12 students be provided access to certain certifications 13 and assessments offered by the school district; 14 amending s. 1003.21, F.S.; providing an exception for 15 certain children from the age verification 16 requirements for school attendance; amending s. 17 1003.27, F.S.; requiring a school and school district 18 to comply with specified provisions before instituting 19 criminal prosecution against certain parents relating 20 to compulsory school attendance; prohibiting the 21 Department of Highway Safety and Motor Vehicles from 22 issuing a driver license or learner’s driver license 23 to minor students who fail to satisfy compulsory 24 school attendance requirements; amending s. 1007.271, 25 F.S.; exempting dual enrollment students from paying 26 technology fees; prohibiting dual enrollment course 27 and program limitations for home education students 28 from exceeding limitations for other students; 29 providing an exemption from the grade point average 30 requirement for initial enrollment in a dual 31 enrollment program for certain home education 32 students; providing an effective date. 33 34 Be It Enacted by the Legislature of the State of Florida: 35 36 Section 1. Paragraph (a) of subsection (1) of section 37 1002.41, Florida Statutes, is amended, and subsections (11) and 38 (12) are added to that section, to read: 39 1002.41 Home education programs.— 40 (1) A “home education program” is defined in s. 1002.01. 41 The parent is not required to hold a valid regular Florida 42 teaching certificate. 43 (a) The parent shall notify the district school 44 superintendent of the county in which the parent resides of her 45 or his intent to establish and maintain a home education 46 program. The notice must
shallbe in writing, signed by the 47 parent, and must shallinclude the full legal names, addresses, 48 and birthdates of all children who shall be enrolled as students 49 in the home education program. The district may not require any 50 additional information or verification from the parent unless 51 the student chooses to participate in a publicly funded program 52 or service. The notice must shallbe filed in the district 53 school superintendent’s office within 30 days after ofthe 54 establishment of the home education program. The parent shall 55 file a written notice of termination of the home education 56 program shall be filedin the district school superintendent’s 57 office within 30 days after such saidtermination. 58 (11) A school district may provide access to career and 59 technical courses and programs for a home education program 60 student who enrolls in a public school solely for the career and 61 technical courses or programs. The school district providing the 62 career and technical courses and programs shall report each 63 student as a full-time equivalent student in the class and in a 64 manner prescribed by the department, and funding shall be 65 provided through the Florida Education Finance Program pursuant 66 to s. 1011.62. 67 (12) Industry certifications, national assessments, and 68 statewide, standardized assessments offered by the school 69 district shall be available to home education program students. 70 Each school district shall notify home education program 71 students of the available certifications and assessments; the 72 date, time, and locations for the administration of each 73 certification and assessment; and the deadline for notifying the 74 school district of the student’s intent to participate and the 75 student’s preferred location. 76 Section 2. Subsection (4) of section 1003.21, Florida 77 Statutes, is amended to read: 78 1003.21 School attendance.— 79 (4) Before admitting a child to kindergarten, the principal 80 shall require evidence that the child has attained the age at 81 which he or she should be admitted in accordance with the 82 provisions of subparagraph (1)(a)2. The district school 83 superintendent may require evidence of the age of any child whom 84 he or she believes to be within the limits of compulsory 85 attendance as provided for by law, except those meeting regular 86 attendance as defined by s. 1003.01(13)(b)-(e). If the first 87 prescribed evidence is not available, the next evidence 88 obtainable in the order set forth below shall be accepted: 89 (a) A duly attested transcript of the child’s birth record 90 filed according to law with a public officer charged with the 91 duty of recording births; 92 (b) A duly attested transcript of a certificate of baptism 93 showing the date of birth and place of baptism of the child, 94 accompanied by an affidavit sworn to by the parent; 95 (c) An insurance policy on the child’s life that has been 96 in force for at least 2 years; 97 (d) A bona fide contemporary religious record of the 98 child’s birth accompanied by an affidavit sworn to by the 99 parent; 100 (e) A passport or certificate of arrival in the United 101 States showing the age of the child; 102 (f) A transcript of record of age shown in the child’s 103 school record of at least 4 years prior to application, stating 104 date of birth; or 105 (g) If none of these evidences can be produced, an 106 affidavit of age sworn to by the parent, accompanied by a 107 certificate of age signed by a public health officer or by a 108 public school physician, or, if these are not available in the 109 county, by a licensed practicing physician designated by the 110 district school board, which states that the health officer or 111 physician has examined the child and believes that the age as 112 stated in the affidavit is substantially correct. Children and 113 youths who are experiencing homelessness and children who are 114 known to the department, as defined in s. 39.0016, shall be 115 given temporary exemption from this section for 30 school days. 116 Section 3. Subsection (2) of section 1003.27, Florida 117 Statutes, is amended to read: 118 1003.27 Court procedure and penalties.—The court procedure 119 and penalties for the enforcement of the provisions of this 120 part, relating to compulsory school attendance, shall be as 121 follows: 122 (2) NONENROLLMENT AND NONATTENDANCE CASES.— 123 (a) In each case of nonenrollment or of nonattendance upon 124 the part of a student who is required to attend some school, 125 when no valid reason for such nonenrollment or nonattendance is 126 found, the district school superintendent shall institute a 127 criminal prosecution against the student’s parent. However, 128 criminal prosecution may not be instituted against the student’s 129 parent until the school and school district have complied with 130 s. 1003.26. 131 (b) Each public school principal or the principal’s 132 designee shall notify the district school board of each minor 133 student under its jurisdiction who accumulates 15 unexcused 134 absences in a period of 90 calendar days. Each designee of the135 governing body of each private school, and each parent whose136 child is enrolled in a home education program, may provide the137 Department of Highway Safety and Motor Vehicles with the legal138 name, sex, date of birth, and social security number of each139 minor student under his or her jurisdiction who fails to satisfy140 relevant attendance requirements and who fails to otherwise141 satisfy the requirements of s. 322.091.The district school 142 superintendent must provide the Department of Highway Safety and 143 Motor Vehicles the legal name, sex, date of birth, and social 144 security number of each minor student who has been reported 145 under this paragraph and who fails to otherwise satisfy the 146 requirements of s. 322.091. The Department of Highway Safety and 147 Motor Vehicles may not issue a driver license or learner’s 148 driver license to, and shall suspend any previously issued 149 driver license or learner’s driver license of, any such minor 150 student, pursuant to the provisions of s. 322.091. 151 (c) Each designee of the governing body of each private 152 school and each parent whose child is enrolled in a home 153 education program may provide the Department of Highway Safety 154 and Motor Vehicles with the legal name, sex, date of birth, and 155 social security number of each minor student under his or her 156 jurisdiction who fails to satisfy relevant attendance 157 requirements and who fails to otherwise satisfy the requirements 158 of s. 322.091. The Department of Highway Safety and Motor 159 Vehicles may not issue a driver license or learner’s driver 160 license to, and shall suspend any previously issued driver 161 license or learner’s driver license of, any such minor student, 162 pursuant to s. 322.091. 163 Section 4. Subsections (2), (10), and (11), paragraph (b) 164 of subsection (13), and subsection (16) of section 1007.271, 165 Florida Statutes, are amended to read: 166 1007.271 Dual enrollment programs.— 167 (2) For the purpose of this section, an eligible secondary 168 student is a student who is enrolled in any of grades 6 through 169 12 in a Florida public school or in a Florida private school 170 that is in compliance with s. 1002.42(2) and provides a 171 secondary curriculum pursuant to s. 1003.4282. A student 172 Studentswho is areeligible for dual enrollment pursuant to 173 this section may enroll in dual enrollment courses conducted 174 during school hours, after school hours, and during the summer 175 term. However, if the student is projected to graduate from high 176 school before the scheduled completion date of a postsecondary 177 course, the student may not register for that course through 178 dual enrollment. The student may apply to the postsecondary 179 institution and pay the required registration, tuition, and fees 180 if the student meets the postsecondary institution’s admissions 181 requirements under s. 1007.263. Instructional time for dual 182 enrollment may vary from 900 hours; however, the full-time 183 equivalent student membership value is shall besubject to the184 provisions ins. 1011.61(4). A student enrolled as a dual 185 enrollment student is exempt from the payment of registration, 186 tuition, technology, and laboratory fees. Applied academics for 187 adult education instruction, developmental education, and other 188 forms of precollegiate instruction, as well as physical 189 education courses that focus on the physical execution of a 190 skill rather than the intellectual attributes of the activity, 191 are ineligible for inclusion in the dual enrollment program. 192 Recreation and leisure studies courses shall be evaluated 193 individually in the same manner as physical education courses 194 for potential inclusion in the program. 195 (10) Early admission is a form of dual enrollment through 196 which an eligible secondary student enrolls students enrollin a 197 postsecondary institution on a full-time basis in courses that 198 are creditable toward the high school diploma and the associate 199 or baccalaureate degree. A student must enroll in a minimum of 200 12 college credit hours per semester or the equivalent to 201 participate in the early admission program; however, a student 202 may not be required to enroll in more than 15 college credit 203 hours per semester or the equivalent. A student Students204 enrolled pursuant to this subsection is areexempt from the 205 payment of registration, tuition, technology, and laboratory 206 fees. 207 (11) Career early admission is a form of career dual 208 enrollment through which an eligible secondary student enrolls 209 students enrollfull time in a career center or a Florida 210 College System institution in postsecondary programs leading to 211 industry certifications, as listed in the CAPE Postsecondary 212 Industry Certification Funding List pursuant to s. 1008.44, 213 which are creditable toward the high school diploma and the 214 certificate or associate degree. Participation in the career 215 early admission program is limited to students who have 216 completed a minimum of 4 semesters of full-time secondary 217 enrollment, including studies undertaken in the ninthgrade 9. A 218 student Studentsenrolled pursuant to this section is areexempt 219 from the payment of registration, tuition, technology, and 220 laboratory fees. 221 (13) 222 (b) Each postsecondary institution eligible to participate 223 in the dual enrollment program pursuant to s. 1011.62(1)(i) must 224 enter into a home education articulation agreement with each 225 home education student seeking enrollment in a dual enrollment 226 course and the student’s parent. By August 1 of each year, the 227 eligible postsecondary institution shall complete and submit the 228 home education articulation agreement to the Department of 229 Education. The home education articulation agreement must 230 include, at a minimum: 231 1. A delineation of courses and programs available to 232 dually enrolled home education students. Courses and programs 233 may be added, revised, or deleted at any time by the 234 postsecondary institution. Any course or program limitations may 235 not exceed the limitations for other dually enrolled students. 236 2. The initial and continued eligibility requirements for 237 home education student participation, not to exceed those 238 required of other dually enrolled students. A high school grade 239 point average may not be required for home education students 240 who meet the minimum score on a common placement test adopted by 241 the State Board of Education which indicates that the student is 242 ready for college-level coursework; however, home education 243 student eligibility requirements for continued enrollment in 244 college credit dual enrollment courses must include the 245 maintenance of the minimum postsecondary grade point average 246 established by the postsecondary institution. 247 3. The student’s responsibilities for providing his or her 248 own instructional materials and transportation. 249 4. A copy of the statement on transfer guarantees developed 250 by the Department of Education under subsection (15). 251 (16) Public school, private school, or home education 252 program students who meet the eligibility requirements of this 253 section and who choose to participate in dual enrollment 254 programs are exempt from the payment of registration, tuition, 255 technology, and laboratory fees. 256 Section 5. This act shall take effect July 1, 2017.