Florida Senate - 2020                                    SB 1438
       By Senator Harrell
       25-01543C-20                                          20201438__
    1                        A bill to be entitled                      
    2         An act relating to dyslexia; creating s. 1001.2151,
    3         F.S.; providing legislative intent; requiring public
    4         schools to screen all students in kindergarten through
    5         grade 3 for dyslexia within a certain timeframe;
    6         requiring public school students with a substantial
    7         deficiency in reading to be placed in an intensive
    8         remedial intervention program; requiring parental
    9         notification of dyslexia diagnoses and bi-weekly
   10         progress reports; providing for subsequent diagnostic
   11         assessment; requiring that intensive remedial
   12         intervention meet certain requirements; requiring
   13         remedial intervention to continue until the student
   14         can perform at a certain level; requiring public
   15         schools to have at least one person on staff trained
   16         in the instruction of students with dyslexia;
   17         requiring the State Board of Education to adopt rules;
   18         amending s. 1003.01, F.S.; defining the terms
   19         “dyscalculia,” “dysgraphia,” and “dyslexia”; creating
   20         the Dyslexia Task Force within the Department of
   21         Education; specifying the purpose and membership of
   22         the task force; requiring the task force to be
   23         appointed and to hold its first meeting within a
   24         certain timeframe; providing that task force members
   25         serve without compensation, but may receive
   26         reimbursement for certain expenses; amending ss.
   27         11.45, 39.0016, 414.1251, 1002.01, 1002.20, 1002.3105,
   28         1002.33, 1002.385, 1002.42, 1002.43, 1003.03, 1003.21,
   29         1003.26, 1003.4282, 1003.52, 1003.575, 1006.07,
   30         1008.24, and 1012.2315, F.S.; conforming cross
   31         references; providing an effective date.
   33  Be It Enacted by the Legislature of the State of Florida:
   35         Section 1. Section 1001.2151, Florida Statutes, is created
   36  to read:
   37         1001.2151 LITERACY-BASED PROMOTION.—It is the intent of the
   38  Legislature to ensure that each student’s progression in
   39  kindergarten through grade 3 is determined in part upon the
   40  student’s proficiency in reading. Local school board policies
   41  shall facilitate this proficiency, and each student and the
   42  student’s parent or legal guardian shall be informed of the
   43  student’s academic progress.
   44         (1)Within the first 30 days of the school year, each
   45  public school shall screen each student in kindergarten through
   46  grade 3 for dyslexia using a dyslexia diagnostic assessment
   47  screener.
   48         (2)Each public school student in kindergarten through
   49  grade 3 who exhibits a substantial deficiency in reading at any
   50  time, as demonstrated through his or her performance on a
   51  dyslexia diagnostic assessment screener approved and developed
   52  by the State Board of Education, must be placed in an intensive
   53  remedial intervention program.
   54         (3)The parent of any student in kindergarten through grade
   55  3 who exhibits dyslexia shall be immediately notified by the
   56  student’s school of the student’s deficiency pursuant to s.
   57  1008.25(5) and the parent shall be provided a progress report
   58  issued at 2 week intervals while the child continues to exhibit
   59  dyslexia. The parent shall also be notified in writing by the
   60  school of the process to request a special education evaluation.
   61         (4)The dyslexia diagnostic assessment screener may be
   62  repeated at midyear and at the end of the school year to
   63  determine student progression in reading. If it is determined
   64  that the student continues to exhibit a reading deficiency, he
   65  or she must be provided with continued intensive remedial
   66  intervention by the school district until the deficiency is
   67  remedied. Every public school must provide intensive
   68  interventions for every student in kindergarten through grade 3
   69  identified with a deficiency in reading or with dyslexia to
   70  ameliorate the student’s specific deficiency.
   71         (5)The intensive remedial intervention program must
   72  include effective instructional strategies and appropriate
   73  teaching methodologies to assist the student in becoming a
   74  successful reader able to read at or above grade level and ready
   75  for promotion to the next grade. The intensive remedial
   76  intervention program must be continued until the student can
   77  maintain grade level performance in decoding, encoding, reading
   78  fluency, and reading comprehension without continued supportive
   79  intervention and services.
   80         (6)Every public school is required to have employed on
   81  staff at least one person trained in the instruction of students
   82  with dyslexia.
   83         (7)The State Board of Education shall adopt rules that
   84  require students to be evaluated for phonological awareness to
   85  determine whether the student has a specific learning
   86  disability.
   87         Section 2. Section 1003.01, Florida Statutes, is amended to
   88  read:
   89         1003.01 Definitions.—As used in this chapter, the term:
   90         (6)(1) “District school board” means the members who are
   91  elected by the voters of a school district created and existing
   92  pursuant to s. 4, Art. IX of the State Constitution to operate
   93  and control public K-12 education within the school district.
   94         (18)(2) “School” means an organization of students for
   95  instructional purposes on an elementary, middle or junior high
   96  school, secondary or high school, or other public school level
   97  authorized under rules of the State Board of Education.
   98         (8)“Dyscalculia” means a specific learning disability that
   99  is:
  100         (a)Neurological in origin;
  101         (b)Characterized by difficulties with learning and
  102  comprehending arithmetic, understanding numbers, performing
  103  mathematical calculations, and learning mathematics; and
  104         (c)Often unexpected in relation to other cognitive
  105  abilities and the provision of effective classroom instruction.
  106         (9)“Dysgraphia” means a specific learning disability that
  107  is:
  108         (a)Neurological in origin;
  109         (b)Characterized by difficulties with accurate writing
  110  abilities, spelling, handwriting, and putting thoughts on paper;
  111  and
  112         (c)Often unexpected in relation to other cognitive
  113  abilities and the provision of effective classroom instruction.
  114         (10) “Dyslexia” means a specific learning disability that
  115  is:
  116         (a) Neurological in origin;
  117         (b) Characterized by difficulties with accurate and fluent
  118  word recognition, spelling, and decoding which typically result
  119  from a deficit in the phonological component of language; and
  120         (c) Often unexpected in relation to other cognitive
  121  abilities and the provision of effective classroom instruction.
  122  Secondary consequences may include problems in reading
  123  comprehension and reduced reading experience that can impede
  124  growth of vocabulary and background knowledge.
  125         (11)(3)(a) “Exceptional student” means any student who has
  126  been determined eligible for a special program in accordance
  127  with rules of the State Board of Education. The term includes
  128  students who are gifted and students with disabilities who have
  129  an intellectual disability; autism spectrum disorder; a speech
  130  impairment; a language impairment; an orthopedic impairment; any
  131  an other health impairment; traumatic brain injury; a visual
  132  impairment; an emotional or behavioral disability; or a specific
  133  learning disability, including, but not limited to, dyslexia,
  134  dyscalculia, or developmental aphasia; students who are deaf or
  135  hard of hearing or dual sensory impaired; students who are
  136  hospitalized or homebound; children with developmental delays
  137  ages birth through 5 years, or children, ages birth through 2
  138  years, with established conditions that are identified in State
  139  Board of Education rules pursuant to s. 1003.21(1)(e).
  140         (b) “Special education services” means specially designed
  141  instruction and such related services as are necessary for an
  142  exceptional student to benefit from education. Such services may
  143  include: transportation; diagnostic and evaluation services;
  144  social services; physical and occupational therapy; speech and
  145  language pathology services; job placement; orientation and
  146  mobility training; braillists, typists, and readers for the
  147  blind; interpreters and auditory amplification; services
  148  provided by a certified listening and spoken language
  149  specialist; rehabilitation counseling; transition services;
  150  mental health services; guidance and career counseling;
  151  specified materials, assistive technology devices, and other
  152  specialized equipment; and other such services as approved by
  153  rules of the state board.
  154         (2)(4) “Career education” means education that provides
  155  instruction for the following purposes:
  156         (a) At the elementary, middle, and high school levels,
  157  exploratory courses designed to give students initial exposure
  158  to a broad range of occupations to assist them in preparing
  159  their academic and occupational plans, and practical arts
  160  courses that provide generic skills that may apply to many
  161  occupations but are not designed to prepare students for entry
  162  into a specific occupation. Career education provided before
  163  high school completion must be designed to strengthen both
  164  occupational awareness and academic skills integrated throughout
  165  all academic instruction.
  166         (b) At the secondary school level, job-preparatory
  167  instruction in the competencies that prepare students for
  168  effective entry into an occupation, including diversified
  169  cooperative education, work experience, and job-entry programs
  170  that coordinate directed study and on-the-job training.
  171         (c) At the postsecondary education level, courses of study
  172  that provide competencies needed for entry into specific
  173  occupations or for advancement within an occupation.
  174         (19)(5)(a) “Suspension,” also referred to as out-of-school
  175  suspension, means the temporary removal of a student from all
  176  classes of instruction on public school grounds and all other
  177  school-sponsored activities, except as authorized by the
  178  principal or the principal’s designee, for a period not to
  179  exceed 10 school days and remanding of the student to the
  180  custody of the student’s parent with specific homework
  181  assignments for the student to complete.
  182         (b) “In-school suspension” means the temporary removal of a
  183  student from the student’s regular school program and placement
  184  in an alternative program, such as that provided in s. 1003.53,
  185  under the supervision of district school board personnel, for a
  186  period not to exceed 10 school days.
  187         (12)(6) “Expulsion” means the removal of the right and
  188  obligation of a student to attend a public school under
  189  conditions set by the district school board, and for a period of
  190  time not to exceed the remainder of the term or school year and
  191  1 additional year of attendance. Expulsions may be imposed with
  192  or without continuing educational services and shall be reported
  193  accordingly.
  194         (5)(7) “Corporal punishment” means the moderate use of
  195  physical force or physical contact by a teacher or principal as
  196  may be necessary to maintain discipline or to enforce school
  197  rule. However, the term “corporal punishment” does not include
  198  the use of such reasonable force by a teacher or principal as
  199  may be necessary for self-protection or to protect other
  200  students from disruptive students.
  201         (14)(8) “Habitual truant” means a student who has 15
  202  unexcused absences within 90 calendar days with or without the
  203  knowledge or consent of the student’s parent, is subject to
  204  compulsory school attendance under s. 1003.21(1) and (2)(a), and
  205  is not exempt under s. 1003.21(3) or s. 1003.24, or by meeting
  206  the criteria for any other exemption specified by law or rules
  207  of the State Board of Education. Such a student must have been
  208  the subject of the activities specified in ss. 1003.26 and
  209  1003.27(3), without resultant successful remediation of the
  210  truancy problem before being dealt with as a child in need of
  211  services according to the provisions of chapter 984.
  212         (7)(9) “Dropout” means a student who meets any one or more
  213  of the following criteria:
  214         (a) The student has voluntarily removed himself or herself
  215  from the school system before graduation for reasons that
  216  include, but are not limited to, marriage, or the student has
  217  withdrawn from school because he or she has failed the statewide
  218  student assessment test and thereby does not receive any of the
  219  certificates of completion;
  220         (b) The student has not met the relevant attendance
  221  requirements of the school district pursuant to State Board of
  222  Education rules, or the student was expected to attend a school
  223  but did not enter as expected for unknown reasons, or the
  224  student’s whereabouts are unknown;
  225         (c) The student has withdrawn from school, but has not
  226  transferred to another public or private school or enrolled in
  227  any career, adult, home education, or alternative educational
  228  program;
  229         (d) The student has withdrawn from school due to hardship,
  230  unless such withdrawal has been granted under the provisions of
  231  s. 322.091, court action, expulsion, medical reasons, or
  232  pregnancy; or
  233         (e) The student is not eligible to attend school because of
  234  reaching the maximum age for an exceptional student program in
  235  accordance with the district’s policy.
  237  The State Board of Education may adopt rules to implement the
  238  provisions of this subsection.
  239         (1)(10) “Alternative measures for students with special
  240  needs” or “special programs” means measures designed to meet the
  241  special needs of a student that cannot be met by regular school
  242  curricula.
  243         (15)(11)(a) “Juvenile justice education programs or
  244  schools” means programs or schools operating for the purpose of
  245  providing educational services to youth in Department of
  246  Juvenile Justice programs, for a school year comprised of 250
  247  days of instruction distributed over 12 months. At the request
  248  of the provider, a district school board may decrease the
  249  minimum number of days of instruction by up to 10 days for
  250  teacher planning for residential programs and up to 20 days for
  251  teacher planning for nonresidential programs, subject to the
  252  approval of the Department of Juvenile Justice and the
  253  Department of Education.
  254         (b) “Juvenile justice provider” means the Department of
  255  Juvenile Justice, the sheriff, or a private, public, or other
  256  governmental organization under contract with the Department of
  257  Juvenile Justice or the sheriff that provides treatment, care
  258  and custody, or educational programs for youth in juvenile
  259  justice intervention, detention, or commitment programs.
  260         (3)(12) “Children and youths who are experiencing
  261  homelessness,” for programs authorized under subtitle B,
  262  Education for Homeless Children and Youths, of Title VII of the
  263  McKinney-Vento Homeless Assistance Act, 42 U.S.C. ss. 11431 et
  264  seq., means children and youths who lack a fixed, regular, and
  265  adequate nighttime residence, and includes:
  266         (a) Children and youths who are sharing the housing of
  267  other persons due to loss of housing, economic hardship, or a
  268  similar reason; are living in motels, hotels, travel trailer
  269  parks, or camping grounds due to the lack of alternative
  270  adequate accommodations; are living in emergency or transitional
  271  shelters; are abandoned in hospitals; or are awaiting foster
  272  care placement.
  273         (b) Children and youths who have a primary nighttime
  274  residence that is a public or private place not designed for or
  275  ordinarily used as a regular sleeping accommodation for human
  276  beings.
  277         (c) Children and youths who are living in cars, parks,
  278  public spaces, abandoned buildings, bus or train stations, or
  279  similar settings.
  280         (d) Migratory children who are living in circumstances
  281  described in paragraphs (a)-(c).
  282         (17)(13) “Regular school attendance” means the actual
  283  attendance of a student during the school day as defined by law
  284  and rules of the State Board of Education. Regular attendance
  285  within the intent of s. 1003.21 may be achieved by attendance
  286  in:
  287         (a) A public school supported by public funds;
  288         (b) A parochial, religious, or denominational school;
  289         (c) A private school supported in whole or in part by
  290  tuition charges or by endowments or gifts;
  291         (d) A home education program that meets the requirements of
  292  chapter 1002; or
  293         (e) A private tutoring program that meets the requirements
  294  of chapter 1002.
  295         (4)(14) “Core-curricula courses” means:
  296         (a) Courses in language arts/reading, mathematics, social
  297  studies, and science in prekindergarten through grade 3,
  298  excluding extracurricular courses pursuant to subsection (13)
  299  subsection (15);
  300         (b) Courses in grades 4 through 8 in subjects that are
  301  measured by state assessment at any grade level and courses
  302  required for middle school promotion, excluding extracurricular
  303  courses pursuant to subsection (13) subsection (15);
  304         (c) Courses in grades 9 through 12 in subjects that are
  305  measured by state assessment at any grade level and courses that
  306  are specifically identified by name in statute as required for
  307  high school graduation and that are not measured by state
  308  assessment, excluding extracurricular courses pursuant to
  309  subsection (13) subsection (15);
  310         (d) Exceptional student education courses; and
  311         (e) English for Speakers of Other Languages courses.
  313  The term is limited in meaning and used for the sole purpose of
  314  designating classes that are subject to the maximum class size
  315  requirements established in s. 1, Art. IX of the State
  316  Constitution. This term does not include courses offered under
  317  ss. 1002.321(4)(e), 1002.33(7)(a)2.b., 1002.37, 1002.45, and
  318  1003.499.
  319         (13)(15) “Extracurricular courses” means all courses that
  320  are not defined as “core-curricula courses,” which may include,
  321  but are not limited to, physical education, fine arts,
  322  performing fine arts, career education, and courses that may
  323  result in college credit. The term is limited in meaning and
  324  used for the sole purpose of designating classes that are not
  325  subject to the maximum class size requirements established in s.
  326  1, Art. IX of the State Constitution.
  327         (16) “Physical education” means the development or
  328  maintenance of skills related to strength, agility, flexibility,
  329  movement, and stamina, including dance; the development of
  330  knowledge and skills regarding teamwork and fair play; the
  331  development of knowledge and skills regarding nutrition and
  332  physical fitness as part of a healthy lifestyle; and the
  333  development of positive attitudes regarding sound nutrition and
  334  physical activity as a component of personal well-being.
  335         Section 3. The Dyslexia Task Force, a task force as defined
  336  in s. 20.03, Florida Statutes, is established within the
  337  Department of Education.
  338         (1)The task force shall develop a dyslexia handbook that
  339  must include, but is not limited to, the following:
  340         (a)Recommendations on how to identify dyslexia,
  341  dysgraphia, and dyscalculia;
  342         (b)Recommendations for appropriate goal writing for
  343  individual education plans (IEPs) for students with dyslexia,
  344  dysgraphia, or dyscalculia;
  345         (c)Recommendations for interventions for dyslexia,
  346  dysgraphia, and dyscalculia;
  347         (d)Recommendations for provision of assistive technology
  348  guidelines; and
  349         (e)Recommendations for the creation of a parent handbook
  350  regarding dyslexia, dysgraphia, and dyscalculia.
  351         (2)The task force shall recommend amendments to uniform
  352  IEP documents to require a drop down menu under specific
  353  learning disabilities that allows child study teams to check all
  354  learning disabilities that are exhibited by the student,
  355  including dyslexia, dysgraphia, and dyscalculia.
  356         (3)The task force shall consist of the following five
  357  members appointed by the Commissioner of Education:
  358         (a)A member of an organization focused on dyslexia.
  359         (b)A member of an organization focused on dysgraphia.
  360         (c)A member of an organization focused on dyscalculia.
  361         (d)A public school teacher.
  362         (e)A public school principal.
  363         (4)Within 90 days after the effective date of this act, a
  364  majority of the members of the task force must be appointed and
  365  the task force shall hold its first meeting. The task force
  366  shall elect one of its members to serve as chair. Members of the
  367  task force shall serve for the duration of the existence of the
  368  task force. Any vacancy that occurs shall be filled in the same
  369  manner as the original appointment. Task force members shall
  370  serve without compensation, but are entitled to reimbursement
  371  for per diem and travel expenses as provided in s. 112.061,
  372  Florida Statutes.
  373         Section 4. Paragraph (k) of subsection (2) of section
  374  11.45, Florida Statutes, is amended to read:
  375         11.45 Definitions; duties; authorities; reports; rules.—
  376         (2) DUTIES.—The Auditor General shall:
  377         (k) Contact each district school board, as defined in s.
  378  1003.01 s. 1003.01(1), with the findings and recommendations
  379  contained within the Auditor General’s previous operational
  380  audit report. The district school board shall provide the
  381  Auditor General with evidence of the initiation of corrective
  382  action within 45 days after the date it is requested by the
  383  Auditor General and evidence of completion of corrective action
  384  within 180 days after the date it is requested by the Auditor
  385  General. If the district school board fails to comply with the
  386  Auditor General’s request or is unable to take corrective action
  387  within the required timeframe, the Auditor General shall notify
  388  the Legislative Auditing Committee.
  390  The Auditor General shall perform his or her duties
  391  independently but under the general policies established by the
  392  Legislative Auditing Committee. This subsection does not limit
  393  the Auditor General’s discretionary authority to conduct other
  394  audits or engagements of governmental entities as authorized in
  395  subsection (3).
  396         Section 5. Paragraph (b) of subsection (3) of section
  397  39.0016, Florida Statutes, is amended to read:
  398         39.0016 Education of abused, neglected, and abandoned
  399  children; agency agreements; children having or suspected of
  400  having a disability.—
  402         (b)1. Each district school superintendent or dependency
  403  court must appoint a surrogate parent for a child known to the
  404  department who has or is suspected of having a disability, as
  405  defined in s. 1003.01(11)(a) s. 1003.01(3), when:
  406         a. After reasonable efforts, no parent can be located; or
  407         b. A court of competent jurisdiction over a child under
  408  this chapter has determined that no person has the authority
  409  under the Individuals with Disabilities Education Act, including
  410  the parent or parents subject to the dependency action, or that
  411  no person has the authority, willingness, or ability to serve as
  412  the educational decisionmaker for the child without judicial
  413  action.
  414         2. A surrogate parent appointed by the district school
  415  superintendent or the court must be at least 18 years old and
  416  have no personal or professional interest that conflicts with
  417  the interests of the student to be represented. Neither the
  418  district school superintendent nor the court may appoint an
  419  employee of the Department of Education, the local school
  420  district, a community-based care provider, the Department of
  421  Children and Families, or any other public or private agency
  422  involved in the education or care of the child as appointment of
  423  those persons is prohibited by federal law. This prohibition
  424  includes group home staff and therapeutic foster parents.
  425  However, a person who acts in a parental role to a child, such
  426  as a foster parent or relative caregiver, is not prohibited from
  427  serving as a surrogate parent if he or she is employed by such
  428  agency, willing to serve, and knowledgeable about the child and
  429  the exceptional student education process. The surrogate parent
  430  may be a court-appointed guardian ad litem or a relative or
  431  nonrelative adult who is involved in the child’s life regardless
  432  of whether that person has physical custody of the child. Each
  433  person appointed as a surrogate parent must have the knowledge
  434  and skills acquired by successfully completing training using
  435  materials developed and approved by the Department of Education
  436  to ensure adequate representation of the child.
  437         3. If a guardian ad litem has been appointed for a child,
  438  the district school superintendent must first consider the
  439  child’s guardian ad litem when appointing a surrogate parent.
  440  The district school superintendent must accept the appointment
  441  of the court if he or she has not previously appointed a
  442  surrogate parent. Similarly, the court must accept a surrogate
  443  parent duly appointed by a district school superintendent.
  444         4. A surrogate parent appointed by the district school
  445  superintendent or the court must be accepted by any subsequent
  446  school or school district without regard to where the child is
  447  receiving residential care so that a single surrogate parent can
  448  follow the education of the child during his or her entire time
  449  in state custody. Nothing in this paragraph or in rule shall
  450  limit or prohibit the continuance of a surrogate parent
  451  appointment when the responsibility for the student’s
  452  educational placement moves among and between public and private
  453  agencies.
  454         5. For a child known to the department, the responsibility
  455  to appoint a surrogate parent resides with both the district
  456  school superintendent and the court with jurisdiction over the
  457  child. If the court elects to appoint a surrogate parent, notice
  458  shall be provided as soon as practicable to the child’s school.
  459  At any time the court determines that it is in the best
  460  interests of a child to remove a surrogate parent, the court may
  461  appoint a new surrogate parent for educational decisionmaking
  462  purposes for that child.
  463         6. The surrogate parent shall continue in the appointed
  464  role until one of the following occurs:
  465         a. The child is determined to no longer be eligible or in
  466  need of special programs, except when termination of special
  467  programs is being contested.
  468         b. The child achieves permanency through adoption or legal
  469  guardianship and is no longer in the custody of the department.
  470         c. The parent who was previously unknown becomes known,
  471  whose whereabouts were unknown is located, or who was
  472  unavailable is determined by the court to be available.
  473         d. The appointed surrogate no longer wishes to represent
  474  the child or is unable to represent the child.
  475         e. The superintendent of the school district in which the
  476  child is attending school, the Department of Education contract
  477  designee, or the court that appointed the surrogate determines
  478  that the appointed surrogate parent no longer adequately
  479  represents the child.
  480         f. The child moves to a geographic location that is not
  481  reasonably accessible to the appointed surrogate.
  482         7. The appointment and termination of appointment of a
  483  surrogate under this paragraph shall be entered as an order of
  484  the court with a copy of the order provided to the child’s
  485  school as soon as practicable.
  486         8. The person appointed as a surrogate parent under this
  487  paragraph must:
  488         a. Be acquainted with the child and become knowledgeable
  489  about his or her disability and educational needs.
  490         b. Represent the child in all matters relating to
  491  identification, evaluation, and educational placement and the
  492  provision of a free and appropriate education to the child.
  493         c. Represent the interests and safeguard the rights of the
  494  child in educational decisions that affect the child.
  495         9. The responsibilities of the person appointed as a
  496  surrogate parent shall not extend to the care, maintenance,
  497  custody, residential placement, or any other area not
  498  specifically related to the education of the child, unless the
  499  same person is appointed by the court for such other purposes.
  500         10. A person appointed as a surrogate parent shall enjoy
  501  all of the procedural safeguards afforded a parent with respect
  502  to the identification, evaluation, and educational placement of
  503  a student with a disability or a student who is suspected of
  504  having a disability.
  505         11. A person appointed as a surrogate parent shall not be
  506  held liable for actions taken in good faith on behalf of the
  507  student in protecting the special education rights of the child.
  508         Section 6. Subsection (1) of section 414.1251, Florida
  509  Statutes, is amended to read:
  510         414.1251 Learnfare program.—
  511         (1) The department shall reduce the temporary cash
  512  assistance for a participant’s eligible dependent child or for
  513  an eligible teenage participant who has not been exempted from
  514  education participation requirements, if the eligible dependent
  515  child or eligible teenage participant has been identified either
  516  as a habitual truant, pursuant to s. 1003.01 s. 1003.01(8), or
  517  as a dropout, pursuant to s. 1003.01 s. 1003.01(9). For a
  518  student who has been identified as a habitual truant, the
  519  temporary cash assistance must be reinstated after a subsequent
  520  grading period in which the child’s attendance has substantially
  521  improved. For a student who has been identified as a dropout,
  522  the temporary cash assistance must be reinstated after the
  523  student enrolls in a public school, receives a high school
  524  diploma or its equivalency, enrolls in preparation for the high
  525  school equivalency examination, or enrolls in other educational
  526  activities approved by the district school board. Good cause
  527  exemptions from the rule of unexcused absences include the
  528  following:
  529         (a) The student is expelled from school and alternative
  530  schooling is not available.
  531         (b) No licensed day care is available for a child of teen
  532  parents subject to Learnfare.
  533         (c) Prohibitive transportation problems exist (e.g., to and
  534  from day care).
  536  Within 10 days after sanction notification, the participant
  537  parent of a dependent child or the teenage participant may file
  538  an internal fair hearings process review procedure appeal, and
  539  no sanction shall be imposed until the appeal is resolved.
  540         Section 7. Section 1002.01, Florida Statutes, is amended to
  541  read:
  542         1002.01 Definitions.—
  543         (1) A “home education program” means the sequentially
  544  progressive instruction of a student directed by his or her
  545  parent in order to satisfy the attendance requirements of ss.
  546  1002.41, 1003.01(17) 1003.01(13), and 1003.21(1).
  547         (2) A “private school” is a nonpublic school defined as an
  548  individual, association, copartnership, or corporation, or
  549  department, division, or section of such organizations, that
  550  designates itself as an educational center that includes
  551  kindergarten or a higher grade or as an elementary, secondary,
  552  business, technical, or trade school below college level or any
  553  organization that provides instructional services that meet the
  554  intent of s. 1003.01(17) s. 1003.01(13) or that gives
  555  preemployment or supplementary training in technology or in
  556  fields of trade or industry or that offers academic, literary,
  557  or career training below college level, or any combination of
  558  the above, including an institution that performs the functions
  559  of the above schools through correspondence or extension, except
  560  those licensed under the provisions of chapter 1005. A private
  561  school may be a parochial, religious, denominational, for
  562  profit, or nonprofit school. This definition does not include
  563  home education programs conducted in accordance with s. 1002.41.
  564         Section 8. Paragraph (b) of subsection (2) of section
  565  1002.20, Florida Statutes, is amended to read:
  566         1002.20 K-12 student and parent rights.—Parents of public
  567  school students must receive accurate and timely information
  568  regarding their child’s academic progress and must be informed
  569  of ways they can help their child to succeed in school. K-12
  570  students and their parents are afforded numerous statutory
  571  rights including, but not limited to, the following:
  572         (2) ATTENDANCE.—
  573         (b) Regular school attendance.—Parents of students who have
  574  attained the age of 6 years by February 1 of any school year but
  575  who have not attained the age of 16 years must comply with the
  576  compulsory school attendance laws. Parents have the option to
  577  comply with the school attendance laws by attendance of the
  578  student in a public school; a parochial, religious, or
  579  denominational school; a private school; a home education
  580  program; or a private tutoring program, in accordance with the
  581  provisions of s. 1003.01(17) s. 1003.01(13).
  582         Section 9. Paragraph (d) of subsection (3) of section
  583  1002.3105, Florida Statutes, is amended to read:
  584         1002.3105 Academically Challenging Curriculum to Enhance
  585  Learning (ACCEL) options.—
  586         (3) STUDENT ELIGIBILITY CONSIDERATIONS.—When establishing
  587  student eligibility requirements, principals and school
  588  districts must consider, at a minimum:
  589         (d) Recommendations from one or more of the student’s
  590  teachers in core-curricula courses as defined in s. 1003.01 s.
  591  1003.01(14)(a)-(e).
  592         Section 10. Paragraph (a) of subsection (20) of section
  593  1002.33, Florida Statutes, is amended to read:
  594         1002.33 Charter schools.—
  595         (20) SERVICES.—
  596         (a)1. A sponsor shall provide certain administrative and
  597  educational services to charter schools. These services shall
  598  include contract management services; full-time equivalent and
  599  data reporting services; exceptional student education
  600  administration services; services related to eligibility and
  601  reporting duties required to ensure that school lunch services
  602  under the National School Lunch Program, consistent with the
  603  needs of the charter school, are provided by the school district
  604  at the request of the charter school, that any funds due to the
  605  charter school under the National School Lunch Program be paid
  606  to the charter school as soon as the charter school begins
  607  serving food under the National School Lunch Program, and that
  608  the charter school is paid at the same time and in the same
  609  manner under the National School Lunch Program as other public
  610  schools serviced by the sponsor or the school district; test
  611  administration services, including payment of the costs of
  612  state-required or district-required student assessments;
  613  processing of teacher certificate data services; and information
  614  services, including equal access to student information systems
  615  that are used by public schools in the district in which the
  616  charter school is located. Student performance data for each
  617  student in a charter school, including, but not limited to, FCAT
  618  scores, standardized test scores, previous public school student
  619  report cards, and student performance measures, shall be
  620  provided by the sponsor to a charter school in the same manner
  621  provided to other public schools in the district.
  622         2. A sponsor may withhold an administrative fee for the
  623  provision of such services which shall be a percentage of the
  624  available funds defined in paragraph (17)(b) calculated based on
  625  weighted full-time equivalent students. If the charter school
  626  serves 75 percent or more exceptional education students as
  627  defined in s. 1003.01 s. 1003.01(3), the percentage shall be
  628  calculated based on unweighted full-time equivalent students.
  629  The administrative fee shall be calculated as follows:
  630         a. Up to 5 percent for:
  631         (I) Enrollment of up to and including 250 students in a
  632  charter school as defined in this section.
  633         (II) Enrollment of up to and including 500 students within
  634  a charter school system which meets all of the following:
  635         (A) Includes conversion charter schools and nonconversion
  636  charter schools.
  637         (B) Has all of its schools located in the same county.
  638         (C) Has a total enrollment exceeding the total enrollment
  639  of at least one school district in the state.
  640         (D) Has the same governing board for all of its schools.
  641         (E) Does not contract with a for-profit service provider
  642  for management of school operations.
  643         (III) Enrollment of up to and including 250 students in a
  644  virtual charter school.
  645         b. Up to 2 percent for enrollment of up to and including
  646  250 students in a high-performing charter school as defined in
  647  s. 1002.331.
  648         3. A sponsor may not charge charter schools any additional
  649  fees or surcharges for administrative and educational services
  650  in addition to the maximum percentage of administrative fees
  651  withheld pursuant to this paragraph.
  652         4. A sponsor shall provide to the department by September
  653  15 of each year the total amount of funding withheld from
  654  charter schools pursuant to this subsection for the prior fiscal
  655  year. The department must include the information in the report
  656  required under sub-sub-subparagraph (5)(b)1.k.(III).
  657         Section 11. Paragraph (h) of subsection (5) and paragraph
  658  (a) of subsection (11) of section 1002.385, Florida Statutes,
  659  are amended to read:
  660         1002.385 The Gardiner Scholarship.—
  661         (5) AUTHORIZED USES OF PROGRAM FUNDS.—Program funds must be
  662  used to meet the individual educational needs of an eligible
  663  student and may be spent for the following purposes:
  664         (h) Tuition and fees for part-time tutoring services
  665  provided by a person who holds a valid Florida educator’s
  666  certificate pursuant to s. 1012.56; a person who holds an
  667  adjunct teaching certificate pursuant to s. 1012.57; a person
  668  who has a bachelor’s degree or a graduate degree in the subject
  669  area in which instruction is given; or a person who has
  670  demonstrated a mastery of subject area knowledge pursuant to s.
  671  1012.56(5). As used in this paragraph, the term “part-time
  672  tutoring services” does not qualify as regular school attendance
  673  as defined in s. 1003.01 s. 1003.01(13)(e).
  675  A provider of any services receiving payments pursuant to this
  676  subsection may not share, refund, or rebate any moneys from the
  677  Gardiner Scholarship with the parent or participating student in
  678  any manner. A parent, student, or provider of any services may
  679  not bill an insurance company, Medicaid, or any other agency for
  680  the same services that are paid for using Gardiner Scholarship
  681  funds.
  683  PARTICIPATION.—A parent who applies for program participation
  684  under this section is exercising his or her parental option to
  685  determine the appropriate placement or the services that best
  686  meet the needs of his or her child. The scholarship award for a
  687  student is based on a matrix that assigns the student to support
  688  Level III services. If a parent receives an IEP and a matrix of
  689  services from the school district pursuant to subsection (7),
  690  the amount of the payment shall be adjusted as needed, when the
  691  school district completes the matrix.
  692         (a) To satisfy or maintain program eligibility, including
  693  eligibility to receive and spend program payments, the parent
  694  must sign an agreement with the organization and annually submit
  695  a notarized, sworn compliance statement to the organization to:
  696         1. Affirm that the student is enrolled in a program that
  697  meets regular school attendance requirements as provided in s.
  698  1003.01(17)(b)-(d) s. 1003.01(13)(b)-(d).
  699         2. Affirm that the program funds are used only for
  700  authorized purposes serving the student’s educational needs, as
  701  described in subsection (5).
  702         3. Affirm that the parent is responsible for the education
  703  of his or her student by, as applicable:
  704         a. Requiring the student to take an assessment in
  705  accordance with paragraph (8)(b);
  706         b. Providing an annual evaluation in accordance with s.
  707  1002.41(1)(f); or
  708         c. Requiring the child to take any preassessments and
  709  postassessments selected by the provider if the child is 4 years
  710  of age and is enrolled in a program provided by an eligible
  711  Voluntary Prekindergarten Education Program provider. A student
  712  with disabilities for whom a preassessment and postassessment is
  713  not appropriate is exempt from this requirement. A participating
  714  provider shall report a student’s scores to the parent.
  715         4. Affirm that the student remains in good standing with
  716  the provider or school if those options are selected by the
  717  parent.
  719  A parent who fails to comply with this subsection forfeits the
  720  Gardiner Scholarship.
  721         Section 12. Subsection (7) of section 1002.42, Florida
  722  Statutes, is amended to read:
  723         1002.42 Private schools.—
  724         (7) ATTENDANCE REQUIREMENTS.—Attendance of a student at a
  725  private, parochial, religious, or denominational school
  726  satisfies the attendance requirements of ss. 1003.01(17) ss.
  727  1003.01(13) and 1003.21(1).
  728         Section 13. Subsection (1) of section 1002.43, Florida
  729  Statutes, is amended to read:
  730         1002.43 Private tutoring programs.—
  731         (1) Regular school attendance as defined in s. 1003.01 s.
  732  1003.01(13) may be achieved by attendance in a private tutoring
  733  program if the person tutoring the student meets the following
  734  requirements:
  735         (a) Holds a valid Florida certificate to teach the subjects
  736  or grades in which instruction is given.
  737         (b) Keeps all records and makes all reports required by the
  738  state and district school board and makes regular reports on the
  739  attendance of students in accordance with the provisions of s.
  740  1003.23(2).
  741         (c) Requires students to be in actual attendance for the
  742  minimum length of time prescribed by s. 1011.60(2).
  743         Section 14. Subsection (6) of section 1003.03, Florida
  744  Statutes, is amended to read:
  745         1003.03 Maximum class size.—
  746         (6) COURSES FOR COMPLIANCE.—Consistent with s. 1003.01(4)
  747  s. 1003.01(14), the Department of Education shall identify from
  748  the Course Code Directory the core-curricula courses for the
  749  purpose of satisfying the maximum class size requirement in this
  750  section. The department may adopt rules to implement this
  751  subsection, if necessary.
  752         Section 15. Subsection (4) of section 1003.21, Florida
  753  Statutes, is amended to read:
  754         1003.21 School attendance.—
  755         (4) Before admitting a child to kindergarten, the principal
  756  shall require evidence that the child has attained the age at
  757  which he or she should be admitted in accordance with the
  758  provisions of subparagraph (1)(a)2. The district school
  759  superintendent may require evidence of the age of any child who
  760  is being enrolled in public school and who the district school
  761  superintendent believes to be within the limits of compulsory
  762  attendance as provided for by law; however, the district school
  763  superintendent may not require evidence from any child who meets
  764  regular attendance requirements by attending a school or program
  765  listed in s. 1003.01(17)(b)-(e) s. 1003.01(13)(b)-(e). If the
  766  first prescribed evidence is not available, the next evidence
  767  obtainable in the order set forth below shall be accepted:
  768         (a) A duly attested transcript of the child’s birth record
  769  filed according to law with a public officer charged with the
  770  duty of recording births;
  771         (b) A duly attested transcript of a certificate of baptism
  772  showing the date of birth and place of baptism of the child,
  773  accompanied by an affidavit sworn to by the parent;
  774         (c) An insurance policy on the child’s life that has been
  775  in force for at least 2 years;
  776         (d) A bona fide contemporary religious record of the
  777  child’s birth accompanied by an affidavit sworn to by the
  778  parent;
  779         (e) A passport or certificate of arrival in the United
  780  States showing the age of the child;
  781         (f) A transcript of record of age shown in the child’s
  782  school record of at least 4 years prior to application, stating
  783  date of birth; or
  784         (g) If none of these evidences can be produced, an
  785  affidavit of age sworn to by the parent, accompanied by a
  786  certificate of age signed by a public health officer or by a
  787  public school physician, or, if these are not available in the
  788  county, by a licensed practicing physician designated by the
  789  district school board, which states that the health officer or
  790  physician has examined the child and believes that the age as
  791  stated in the affidavit is substantially correct. Children and
  792  youths who are experiencing homelessness and children who are
  793  known to the department, as defined in s. 39.0016, shall be
  794  given temporary exemption from this section for 30 school days.
  795         Section 16. Paragraph (f) of subsection (1) of section
  796  1003.26, Florida Statutes, is amended to read:
  797         1003.26 Enforcement of school attendance.—The Legislature
  798  finds that poor academic performance is associated with
  799  nonattendance and that school districts must take an active role
  800  in promoting and enforcing attendance as a means of improving
  801  student performance. It is the policy of the state that each
  802  district school superintendent be responsible for enforcing
  803  school attendance of all students subject to the compulsory
  804  school age in the school district and supporting enforcement of
  805  school attendance by local law enforcement agencies. The
  806  responsibility includes recommending policies and procedures to
  807  the district school board that require public schools to respond
  808  in a timely manner to every unexcused absence, and every absence
  809  for which the reason is unknown, of students enrolled in the
  810  schools. District school board policies shall require the parent
  811  of a student to justify each absence of the student, and that
  812  justification will be evaluated based on adopted district school
  813  board policies that define excused and unexcused absences. The
  814  policies must provide that public schools track excused and
  815  unexcused absences and contact the home in the case of an
  816  unexcused absence from school, or an absence from school for
  817  which the reason is unknown, to prevent the development of
  818  patterns of nonattendance. The Legislature finds that early
  819  intervention in school attendance is the most effective way of
  820  producing good attendance habits that will lead to improved
  821  student learning and achievement. Each public school shall
  822  implement the following steps to promote and enforce regular
  823  school attendance:
  824         (1) CONTACT, REFER, AND ENFORCE.—
  825         (f)1. If the parent of a child who has been identified as
  826  exhibiting a pattern of nonattendance enrolls the child in a
  827  home education program pursuant to chapter 1002, the district
  828  school superintendent shall provide the parent a copy of s.
  829  1002.41 and the accountability requirements of this paragraph.
  830  The district school superintendent shall also refer the parent
  831  to a home education review committee composed of the district
  832  contact for home education programs and at least two home
  833  educators selected by the parent from a district list of all
  834  home educators who have conducted a home education program for
  835  at least 3 years and who have indicated a willingness to serve
  836  on the committee. The home education review committee shall
  837  review the portfolio of the student, as defined by s. 1002.41,
  838  every 30 days during the district’s regular school terms until
  839  the committee is satisfied that the home education program is in
  840  compliance with s. 1002.41(1)(d). The first portfolio review
  841  must occur within the first 30 calendar days of the
  842  establishment of the program. The provisions of subparagraph 2.
  843  do not apply once the committee determines the home education
  844  program is in compliance with s. 1002.41(1)(d).
  845         2. If the parent fails to provide a portfolio to the
  846  committee, the committee shall notify the district school
  847  superintendent. The district school superintendent shall then
  848  terminate the home education program and require the parent to
  849  enroll the child in an attendance option that meets the
  850  definition of “regular school attendance” under s.
  851  1003.01(17)(a), (b), (c), or (e) s. 1003.01(13)(a), (b), (c), or
  852  (e), within 3 days. Upon termination of a home education program
  853  pursuant to this subparagraph, the parent shall not be eligible
  854  to reenroll the child in a home education program for 180
  855  calendar days. Failure of a parent to enroll the child in an
  856  attendance option as required by this subparagraph after
  857  termination of the home education program pursuant to this
  858  subparagraph shall constitute noncompliance with the compulsory
  859  attendance requirements of s. 1003.21 and may result in criminal
  860  prosecution under s. 1003.27(2). Nothing contained herein shall
  861  restrict the ability of the district school superintendent, or
  862  the ability of his or her designee, to review the portfolio
  863  pursuant to s. 1002.41(1)(e).
  864         Section 17. Paragraph (b) of subsection (1) of section
  865  1003.4282, Florida Statutes, is amended to read:
  866         1003.4282 Requirements for a standard high school diploma.—
  868         (b) The required credits may be earned through equivalent,
  869  applied, or integrated courses or career education courses as
  870  defined in s. 1003.01 s. 1003.01(4), including work-related
  871  internships approved by the State Board of Education and
  872  identified in the course code directory. However, any must-pass
  873  assessment requirements must be met. An equivalent course is one
  874  or more courses identified by content-area experts as being a
  875  match to the core curricular content of another course, based
  876  upon review of the Next Generation Sunshine State Standards for
  877  that subject. An applied course aligns with Next Generation
  878  Sunshine State Standards and includes real-world applications of
  879  a career and technical education standard used in business or
  880  industry. An integrated course includes content from several
  881  courses within a content area or across content areas.
  882         Section 18. Subsection (4) of section 1003.52, Florida
  883  Statutes, is amended to read:
  884         1003.52 Educational services in Department of Juvenile
  885  Justice programs.—
  886         (4) Educational services shall be provided at times of the
  887  day most appropriate for the juvenile justice program. School
  888  programming in juvenile justice detention, prevention, day
  889  treatment, and residential programs shall be made available by
  890  the local school district during the juvenile justice school
  891  year, as provided in s. 1003.01(15) s. 1003.01(11). In addition,
  892  students in juvenile justice education programs shall have
  893  access to courses offered pursuant to ss. 1002.37, 1002.45, and
  894  1003.498. The Department of Education and the school districts
  895  shall adopt policies necessary to provide such access.
  896         Section 19. Section 1003.575, Florida Statutes, is amended
  897  to read:
  898         1003.575 Assistive technology devices; findings;
  899  interagency agreements.—Accessibility, utilization, and
  900  coordination of appropriate assistive technology devices and
  901  services are essential as a young person with disabilities moves
  902  from early intervention to preschool, from preschool to school,
  903  from one school to another, from school to employment or
  904  independent living, and from school to home and community. If an
  905  individual education plan team makes a recommendation in
  906  accordance with State Board of Education rule for a student with
  907  a disability, as defined in s. 1003.01(11) s. 1003.01(3), to
  908  receive an assistive technology assessment, that assessment must
  909  be completed within 60 school days after the team’s
  910  recommendation. To ensure that an assistive technology device
  911  issued to a young person as part of his or her individualized
  912  family support plan, individual support plan, individualized
  913  plan for employment, or individual education plan remains with
  914  the individual through such transitions, the following agencies
  915  shall enter into interagency agreements, as appropriate, to
  916  ensure the transaction of assistive technology devices:
  917         (1) The Early Steps Program in the Division of Children’s
  918  Medical Services of the Department of Health.
  919         (2) The Division of Blind Services, the Bureau of
  920  Exceptional Education and Student Services, the Office of
  921  Independent Education and Parental Choice, and the Division of
  922  Vocational Rehabilitation of the Department of Education.
  923         (3) The Voluntary Prekindergarten Education Program
  924  administered by the Department of Education and the Office of
  925  Early Learning.
  927  Interagency agreements entered into pursuant to this section
  928  shall provide a framework for ensuring that young persons with
  929  disabilities and their families, educators, and employers are
  930  informed about the utilization and coordination of assistive
  931  technology devices and services that may assist in meeting
  932  transition needs, and shall establish a mechanism by which a
  933  young person or his or her parent may request that an assistive
  934  technology device remain with the young person as he or she
  935  moves through the continuum from home to school to postschool.
  936         Section 20. Paragraph (d) of subsection (2) of section
  937  1006.07, Florida Statutes, is amended to read:
  938         1006.07 District school board duties relating to student
  939  discipline and school safety.—The district school board shall
  940  provide for the proper accounting for all students, for the
  941  attendance and control of students at school, and for proper
  942  attention to health, safety, and other matters relating to the
  943  welfare of students, including:
  944         (2) CODE OF STUDENT CONDUCT.—Adopt a code of student
  945  conduct for elementary schools and a code of student conduct for
  946  middle and high schools and distribute the appropriate code to
  947  all teachers, school personnel, students, and parents, at the
  948  beginning of every school year. Each code shall be organized and
  949  written in language that is understandable to students and
  950  parents and shall be discussed at the beginning of every school
  951  year in student classes, school advisory council meetings, and
  952  parent and teacher association or organization meetings. Each
  953  code shall be based on the rules governing student conduct and
  954  discipline adopted by the district school board and shall be
  955  made available in the student handbook or similar publication.
  956  Each code shall include, but is not limited to:
  957         (d)1. An explanation of the responsibilities of each
  958  student with regard to appropriate dress, respect for self and
  959  others, and the role that appropriate dress and respect for self
  960  and others has on an orderly learning environment. Each district
  961  school board shall adopt a dress code policy that prohibits a
  962  student, while on the grounds of a public school during the
  963  regular school day, from wearing clothing that exposes underwear
  964  or body parts in an indecent or vulgar manner or that disrupts
  965  the orderly learning environment.
  966         2. Any student who violates the dress policy described in
  967  subparagraph 1. is subject to the following disciplinary
  968  actions:
  969         a. For a first offense, a student shall be given a verbal
  970  warning and the school principal shall call the student’s parent
  971  or guardian.
  972         b. For a second offense, the student is ineligible to
  973  participate in any extracurricular activity for a period of time
  974  not to exceed 5 days and the school principal shall meet with
  975  the student’s parent or guardian.
  976         c. For a third or subsequent offense, a student shall
  977  receive an in-school suspension pursuant to s. 1003.01 s.
  978  1003.01(5) for a period not to exceed 3 days, the student is
  979  ineligible to participate in any extracurricular activity for a
  980  period not to exceed 30 days, and the school principal shall
  981  call the student’s parent or guardian and send the parent or
  982  guardian a written letter regarding the student’s in-school
  983  suspension and ineligibility to participate in extracurricular
  984  activities.
  985         Section 21. Subsection (5) of section 1008.24, Florida
  986  Statutes, is amended to read:
  987         1008.24 Test administration and security; public records
  988  exemption.—
  989         (5) Exceptional students with disabilities, as defined in
  990  s. 1003.01 s. 1003.01(3), shall have access to testing sites.
  991  The Department of Education and each school district shall adopt
  992  policies that are necessary to ensure such access.
  993         Section 22. Paragraph (c) of subsection (6) of section
  994  1012.2315, Florida Statutes, is amended to read:
  995         1012.2315 Assignment of teachers.—
  998         (c) For a student enrolling in an extracurricular course as
  999  defined in s. 1003.01 s. 1003.01(15), a parent may choose to
 1000  have the student taught by a teacher who received a performance
 1001  evaluation of “needs improvement” or “unsatisfactory” in the
 1002  preceding school year if the student and the student’s parent
 1003  receive an explanation of the impact of teacher effectiveness on
 1004  student learning and the principal receives written consent from
 1005  the parent.
 1006         Section 23. This act shall take effect July 1, 2020.