Florida Senate - 2021                                     SB 580
       By Senator Harrell
       25-00607-21                                            2021580__
    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 biweekly
   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 with
   16         specified certification in reading instruction for
   17         students with dyslexia; requiring the State Board of
   18         Education to adopt rules; amending s. 1003.01, F.S.;
   19         defining the terms “disability,” “dyscalculia,”
   20         “dysgraphia,” and “dyslexia”; making technical
   21         changes; establishing the Dyslexia Task Force within
   22         the Department of Education; specifying the purpose
   23         and duties of the task force; requiring the task force
   24         members to be appointed by the Commissioner of
   25         Education; requiring the task force to consist of nine
   26         members having certain backgrounds; requiring the task
   27         force to hold its first meeting within a certain
   28         timeframe; providing that task force members serve
   29         without compensation, but may receive reimbursement
   30         for certain expenses; providing a directive to the
   31         Division of Law Revision; amending s. 1003.26, F.S.;
   32         removing a requirement for district school
   33         superintendents to refer parents to a home education
   34         review committee; removing a penalty for parents
   35         failing to provide a portfolio to such committee;
   36         amending ss. 11.45, 39.0016, 414.1251, 1002.01,
   37         1002.20, 1002.3105, 1002.33, 1002.385, 1002.42,
   38         1002.43, 1003.03, 1003.21, 1003.4282, 1003.52,
   39         1003.575, 1006.07, 1008.24, and 1012.2315, F.S.;
   40         conforming cross-references; providing an effective
   41         date.
   43  Be It Enacted by the Legislature of the State of Florida:
   45         Section 1. Section 1001.2151, Florida Statutes, is created
   46  to read:
   47         1001.2151 LITERACY-BASED PROMOTION.—It is the intent of the
   48  Legislature to ensure that each student’s progression in
   49  kindergarten through grade 3 is determined in part upon the
   50  student’s proficiency in reading. Local school board policies
   51  shall facilitate this proficiency, and each student and the
   52  student’s parent or legal guardian shall be informed of the
   53  student’s academic progress.
   54         (1)Within the first 30 days of the school year, each
   55  public school shall screen each student in kindergarten through
   56  grade 3 for dyslexia using a dyslexia diagnostic assessment
   57  screener.
   58         (2)Each public school student in kindergarten through
   59  grade 3 who exhibits a substantial deficiency in reading at any
   60  time, as demonstrated through his or her performance on a
   61  dyslexia diagnostic assessment screener approved and developed
   62  by the State Board of Education, must be placed in an intensive
   63  remedial intervention program.
   64         (3)The parent of any student in kindergarten through grade
   65  3 who exhibits dyslexia shall be immediately notified by the
   66  student’s school of the student’s deficiency pursuant to s.
   67  1008.25(5) and the parent shall be provided a progress report
   68  issued at 2-week intervals while the student continues to
   69  exhibit dyslexia. The parent shall also be notified in writing
   70  by the school of the process to request a special education
   71  evaluation.
   72         (4)The dyslexia diagnostic assessment screener may be
   73  repeated at midyear and at the end of the school year to
   74  determine student progression in reading. If it is determined
   75  that the student continues to exhibit a reading deficiency, he
   76  or she must be provided with continued intensive remedial
   77  intervention by the school district until the deficiency is
   78  remedied. Every public school must provide intensive
   79  interventions for every student in kindergarten through grade 3
   80  identified with a deficiency in reading or with dyslexia to
   81  ameliorate the student’s specific deficiency.
   82         (5)The intensive remedial intervention program must
   83  include evidence-based interventions specifically designed for
   84  dyslexia utilizing a structured literacy, speech to print, or
   85  structured word inquiry approach to assist the student in
   86  becoming a successful reader able to read at or above grade
   87  level and ready for promotion to the next grade. The intensive
   88  remedial intervention program must be continued until the
   89  student can maintain grade level performance in decoding,
   90  encoding, reading fluency, and reading comprehension without
   91  continued supportive intervention and services.
   92         (6)Every public school must employ one or more full-time
   93  personnel certified through a nationally recognized organization
   94  specializing in reading instruction for students with dyslexia
   95  to provide structured literacy, speech to print, or structured
   96  word inquiry intervention.
   97         (7)The State Board of Education shall adopt rules that
   98  require students to be evaluated for phonological awareness to
   99  determine whether a student has a specific learning disability.
  100         Section 2. Section 1003.01, Florida Statutes, is amended to
  101  read:
  102         1003.01 Definitions.—As used in this chapter, the term:
  103         (7)(1) “District school board” means the members who are
  104  elected by the voters of a school district created and existing
  105  pursuant to s. 4, Art. IX of the State Constitution to operate
  106  and control public K-12 education within the school district.
  107         (19)(2) “School” means an organization of students for
  108  instructional purposes on an elementary, middle or junior high
  109  school, secondary or high school, or other public school level
  110  authorized under rules of the State Board of Education.
  111         (6) “Disability” means an intellectual disability; autism
  112  spectrum disorder; a speech impairment; a language impairment;
  113  an orthopedic impairment; any other health impairment; traumatic
  114  brain injury; a visual impairment; an emotional or behavioral
  115  disability; or a specific learning disability, including, but
  116  not limited to, dyslexia, dysgraphia, dyscalculia, or
  117  developmental aphasia; students who are deaf or hard of hearing
  118  or dual sensory impaired; students who are hospitalized or
  119  homebound; children with developmental delays ages birth through
  120  5 years, or children, ages birth through 2 years, with
  121  established conditions that are identified in State Board of
  122  Education rules pursuant to s. 1003.21(1)(e).
  123         (9)“Dyscalculia” means a specific learning disability that
  124  is:
  125         (a)Neurological in origin;
  126         (b)Characterized by difficulties with learning and
  127  comprehending arithmetic, understanding numbers, performing
  128  mathematical calculations, and learning mathematics; and
  129         (c)Often unexpected in relation to other cognitive
  130  abilities and the provision of effective classroom instruction.
  131         (10)“Dysgraphia” means a specific learning disability that
  132  is:
  133         (a)Neurological in origin;
  134         (b)Characterized by difficulties with accurate writing
  135  abilities, spelling, handwriting, and putting thoughts on paper;
  136  and
  137         (c)Often unexpected in relation to other cognitive
  138  abilities and the provision of effective classroom instruction.
  139         (11) “Dyslexia” means a specific learning disability that
  140  is:
  141         (a) Neurological in origin;
  142         (b) Characterized by difficulties with accurate and fluent
  143  word recognition, spelling, and decoding which typically result
  144  from a deficit in the phonological component of language; and
  145         (c) Often unexpected in relation to other cognitive
  146  abilities and the provision of effective classroom instruction.
  147  Secondary consequences may include problems in reading
  148  comprehension and reduced reading experience that can impede
  149  growth of vocabulary and background knowledge.
  150         (12)(3)(a) “Exceptional student” means any student who has
  151  been determined eligible for a special program in accordance
  152  with rules of the State Board of Education. The term includes
  153  students who are gifted and students with disabilities who have
  154  an intellectual disability; autism spectrum disorder; a speech
  155  impairment; a language impairment; an orthopedic impairment; an
  156  other health impairment; traumatic brain injury; a visual
  157  impairment; an emotional or behavioral disability; or a specific
  158  learning disability, including, but not limited to, dyslexia,
  159  dyscalculia, or developmental aphasia; students who are deaf or
  160  hard of hearing or dual sensory impaired; students who are
  161  hospitalized or homebound; children with developmental delays
  162  ages birth through 5 years, or children, ages birth through 2
  163  years, with established conditions that are identified in State
  164  Board of Education rules pursuant to s. 1003.21(1)(e).
  165         (b) “Special education services” means specially designed
  166  instruction and such related services as are necessary for an
  167  exceptional student to benefit from education. Such services may
  168  include: transportation; diagnostic and evaluation services;
  169  social services; physical and occupational therapy; speech and
  170  language pathology services; job placement; orientation and
  171  mobility training; braillists, typists, and readers for the
  172  blind; interpreters and auditory amplification; services
  173  provided by a certified listening and spoken language
  174  specialist; rehabilitation counseling; transition services;
  175  mental health services; guidance and career counseling;
  176  specified materials, assistive technology devices, and other
  177  specialized equipment; and other such services as approved by
  178  rules of the state board.
  179         (2)(4) “Career education” means education that provides
  180  instruction for the following purposes:
  181         (a) At the elementary, middle, and high school levels,
  182  exploratory courses designed to give students initial exposure
  183  to a broad range of occupations to assist them in preparing
  184  their academic and occupational plans, and practical arts
  185  courses that provide generic skills that may apply to many
  186  occupations but are not designed to prepare students for entry
  187  into a specific occupation. Career education provided before
  188  high school completion must be designed to strengthen both
  189  occupational awareness and academic skills integrated throughout
  190  all academic instruction.
  191         (b) At the secondary school level, job-preparatory
  192  instruction in the competencies that prepare students for
  193  effective entry into an occupation, including diversified
  194  cooperative education, work experience, and job-entry programs
  195  that coordinate directed study and on-the-job training.
  196         (c) At the postsecondary education level, courses of study
  197  that provide competencies needed for entry into specific
  198  occupations or for advancement within an occupation.
  199         (20)(5)(a) “Suspension,” also referred to as out-of-school
  200  suspension, means the temporary removal of a student from all
  201  classes of instruction on public school grounds and all other
  202  school-sponsored activities, except as authorized by the
  203  principal or the principal’s designee, for a period not to
  204  exceed 10 school days and remanding of the student to the
  205  custody of the student’s parent with specific homework
  206  assignments for the student to complete.
  207         (b) “In-school suspension” means the temporary removal of a
  208  student from the student’s regular school program and placement
  209  in an alternative program, such as that provided in s. 1003.53,
  210  under the supervision of district school board personnel, for a
  211  period not to exceed 10 school days.
  212         (13)(6) “Expulsion” means the removal of the right and
  213  obligation of a student to attend a public school under
  214  conditions set by the district school board, and for a period of
  215  time not to exceed the remainder of the term or school year and
  216  1 additional year of attendance. Expulsions may be imposed with
  217  or without continuing educational services and shall be reported
  218  accordingly.
  219         (5)(7) “Corporal punishment” means the moderate use of
  220  physical force or physical contact by a teacher or principal as
  221  may be necessary to maintain discipline or to enforce school
  222  rule. However, the term “corporal punishment” does not include
  223  the use of such reasonable force by a teacher or principal as
  224  may be necessary for self-protection or to protect other
  225  students from disruptive students.
  226         (15)(8) “Habitual truant” means a student who has 15
  227  unexcused absences within 90 calendar days with or without the
  228  knowledge or consent of the student’s parent, is subject to
  229  compulsory school attendance under s. 1003.21(1) and (2)(a), and
  230  is not exempt under s. 1003.21(3) or s. 1003.24, or by meeting
  231  the criteria for any other exemption specified by law or rules
  232  of the State Board of Education. Such a student must have been
  233  the subject of the activities specified in ss. 1003.26 and
  234  1003.27(3), without resultant successful remediation of the
  235  truancy problem before being dealt with as a child in need of
  236  services according to the provisions of chapter 984.
  237         (8)(9) “Dropout” means a student who meets any one or more
  238  of the following criteria:
  239         (a) The student has voluntarily removed himself or herself
  240  from the school system before graduation for reasons that
  241  include, but are not limited to, marriage, or the student has
  242  withdrawn from school because he or she has failed the statewide
  243  student assessment test and thereby does not receive any of the
  244  certificates of completion;
  245         (b) The student has not met the relevant attendance
  246  requirements of the school district pursuant to State Board of
  247  Education rules, or the student was expected to attend a school
  248  but did not enter as expected for unknown reasons, or the
  249  student’s whereabouts are unknown;
  250         (c) The student has withdrawn from school, but has not
  251  transferred to another public or private school or enrolled in
  252  any career, adult, home education, or alternative educational
  253  program;
  254         (d) The student has withdrawn from school due to hardship,
  255  unless such withdrawal has been granted under the provisions of
  256  s. 322.091, court action, expulsion, medical reasons, or
  257  pregnancy; or
  258         (e) The student is not eligible to attend school because of
  259  reaching the maximum age for an exceptional student program in
  260  accordance with the district’s policy.
  262  The State Board of Education may adopt rules to implement the
  263  provisions of this subsection.
  264         (1)(10) “Alternative measures for students with special
  265  needs” or “special programs” means measures designed to meet the
  266  special needs of a student that cannot be met by regular school
  267  curricula.
  268         (16)(11)(a) “Juvenile justice education programs or
  269  schools” means programs or schools operating for the purpose of
  270  providing educational services to youth in Department of
  271  Juvenile Justice programs, for a school year comprised of 250
  272  days of instruction distributed over 12 months. At the request
  273  of the provider, a district school board may decrease the
  274  minimum number of days of instruction by up to 10 days for
  275  teacher planning for residential programs and up to 20 days for
  276  teacher planning for nonresidential programs, subject to the
  277  approval of the Department of Juvenile Justice and the
  278  Department of Education.
  279         (b) “Juvenile justice provider” means the Department of
  280  Juvenile Justice, the sheriff, or a private, public, or other
  281  governmental organization under contract with the Department of
  282  Juvenile Justice or the sheriff that provides treatment, care
  283  and custody, or educational programs for youth in juvenile
  284  justice intervention, detention, or commitment programs.
  285         (3)(12) “Children and youths who are experiencing
  286  homelessness,” for programs authorized under subtitle B,
  287  Education for Homeless Children and Youths, of Title VII of the
  288  McKinney-Vento Homeless Assistance Act, 42 U.S.C. ss. 11431 et
  289  seq., means children and youths who lack a fixed, regular, and
  290  adequate nighttime residence, and includes:
  291         (a) Children and youths who are sharing the housing of
  292  other persons due to loss of housing, economic hardship, or a
  293  similar reason; are living in motels, hotels, travel trailer
  294  parks, or camping grounds due to the lack of alternative
  295  adequate accommodations; are living in emergency or transitional
  296  shelters; are abandoned in hospitals; or are awaiting foster
  297  care placement.
  298         (b) Children and youths who have a primary nighttime
  299  residence that is a public or private place not designed for or
  300  ordinarily used as a regular sleeping accommodation for human
  301  beings.
  302         (c) Children and youths who are living in cars, parks,
  303  public spaces, abandoned buildings, bus or train stations, or
  304  similar settings.
  305         (d) Migratory children who are living in circumstances
  306  described in paragraphs (a)-(c).
  307         (18)(13) “Regular school attendance” means the actual
  308  attendance of a student during the school day as defined by law
  309  and rules of the State Board of Education. Regular attendance
  310  within the intent of s. 1003.21 may be achieved by attendance
  311  in:
  312         (a) A public school supported by public funds;
  313         (b) A parochial, religious, or denominational school;
  314         (c) A private school supported in whole or in part by
  315  tuition charges or by endowments or gifts;
  316         (d) A home education program that meets the requirements of
  317  chapter 1002; or
  318         (e) A private tutoring program that meets the requirements
  319  of chapter 1002.
  320         (4)(14) “Core-curricula courses” means:
  321         (a) Courses in language arts/reading, mathematics, social
  322  studies, and science in prekindergarten through grade 3,
  323  excluding extracurricular courses pursuant to subsection (14)
  324  subsection (15);
  325         (b) Courses in grades 4 through 8 in subjects that are
  326  measured by state assessment at any grade level and courses
  327  required for middle school promotion, excluding extracurricular
  328  courses pursuant to subsection (14) subsection (15);
  329         (c) Courses in grades 9 through 12 in subjects that are
  330  measured by state assessment at any grade level and courses that
  331  are specifically identified by name in statute as required for
  332  high school graduation and that are not measured by state
  333  assessment, excluding extracurricular courses pursuant to
  334  subsection (14) subsection (15);
  335         (d) Exceptional student education courses; and
  336         (e) English for Speakers of Other Languages courses.
  338  The term is limited in meaning and used for the sole purpose of
  339  designating classes that are subject to the maximum class size
  340  requirements established in s. 1, Art. IX of the State
  341  Constitution. This term does not include courses offered under
  342  ss. 1002.321(4)(e), 1002.33(7)(a)2.b., 1002.37, 1002.45, and
  343  1003.499.
  344         (14)(15) “Extracurricular courses” means all courses that
  345  are not defined as “core-curricula courses,” which may include,
  346  but are not limited to, physical education, fine arts,
  347  performing fine arts, career education, and courses that may
  348  result in college credit. The term is limited in meaning and
  349  used for the sole purpose of designating classes that are not
  350  subject to the maximum class size requirements established in s.
  351  1, Art. IX of the State Constitution.
  352         (17)(16) “Physical education” means the development or
  353  maintenance of skills related to strength, agility, flexibility,
  354  movement, and stamina, including dance; the development of
  355  knowledge and skills regarding teamwork and fair play; the
  356  development of knowledge and skills regarding nutrition and
  357  physical fitness as part of a healthy lifestyle; and the
  358  development of positive attitudes regarding sound nutrition and
  359  physical activity as a component of personal well-being.
  360         Section 3. The Dyslexia Task Force, a task force as defined
  361  in s. 20.03, Florida Statutes, is established within the
  362  Department of Education.
  363         (1)The task force shall develop a dyslexia handbook that
  364  must include, but is not limited to, the following:
  365         (a)Recommendations on how to identify dyslexia,
  366  dysgraphia, and dyscalculia;
  367         (b)Recommendations for appropriate goal writing for
  368  individual education plans (IEPs) for students with dyslexia,
  369  dysgraphia, or dyscalculia;
  370         (c)Recommendations for interventions for dyslexia,
  371  dysgraphia, and dyscalculia;
  372         (d)Recommendations for provision of assistive technology
  373  guidelines; and
  374         (e)Recommendations for the creation of a parent handbook
  375  regarding dyslexia, dysgraphia, and dyscalculia.
  376         (2)The task force shall recommend amendments to uniform
  377  digital IEP documents to require a drop-down menu under specific
  378  learning disabilities which allows child study teams to check
  379  all learning disabilities that are exhibited by the student,
  380  including dyslexia, dysgraphia, and dyscalculia.
  381         (3)The task force shall consist of the following nine
  382  members appointed by the Commissioner of Education:
  383         (a)Three members of organizations or nonprofits focused on
  384  dyslexia and other specific learning disabilities.
  385         (b)A faculty member or researcher from a university with a
  386  program or department devoted to dyslexia and reading disorders.
  387         (c)A neuropsychologist or clinical psychologist who
  388  specializes in dyslexia evaluation and identification.
  389         (d)A speech language pathologist with expertise in
  390  dyslexia, phonological deficits, and language disorders.
  391         (e)A parent of a child with dyslexia.
  392         (f)A public school teacher.
  393         (g)A public school principal.
  394         (4)Within 90 days after the effective date of this act, a
  395  majority of the members of the task force must be appointed and
  396  the task force shall hold its first meeting. The task force
  397  shall elect one of its members to serve as chair. Members of the
  398  task force shall serve for the duration of the existence of the
  399  task force. Any vacancy that occurs shall be filled in the same
  400  manner as the original appointment. Task force members shall
  401  serve without compensation, but are entitled to reimbursement
  402  for per diem and travel expenses as provided in s. 112.061,
  403  Florida Statutes.
  404         Section 4. The Division of Law Revision is directed to
  405  replace the phrase “the effective date of this act” wherever it
  406  occurs in this act with the date the act becomes a law.
  407         Section 5. Paragraph (f) of subsection (1) of section
  408  1003.26, Florida Statutes, is amended to read:
  409         1003.26 Enforcement of school attendance.—The Legislature
  410  finds that poor academic performance is associated with
  411  nonattendance and that school districts must take an active role
  412  in promoting and enforcing attendance as a means of improving
  413  student performance. It is the policy of the state that each
  414  district school superintendent be responsible for enforcing
  415  school attendance of all students subject to the compulsory
  416  school age in the school district and supporting enforcement of
  417  school attendance by local law enforcement agencies. The
  418  responsibility includes recommending policies and procedures to
  419  the district school board that require public schools to respond
  420  in a timely manner to every unexcused absence, and every absence
  421  for which the reason is unknown, of students enrolled in the
  422  schools. District school board policies shall require the parent
  423  of a student to justify each absence of the student, and that
  424  justification will be evaluated based on adopted district school
  425  board policies that define excused and unexcused absences. The
  426  policies must provide that public schools track excused and
  427  unexcused absences and contact the home in the case of an
  428  unexcused absence from school, or an absence from school for
  429  which the reason is unknown, to prevent the development of
  430  patterns of nonattendance. The Legislature finds that early
  431  intervention in school attendance is the most effective way of
  432  producing good attendance habits that will lead to improved
  433  student learning and achievement. Each public school shall
  434  implement the following steps to promote and enforce regular
  435  school attendance:
  436         (1) CONTACT, REFER, AND ENFORCE.—
  437         (f)1. If the parent of a child who has been identified as
  438  exhibiting a pattern of nonattendance enrolls the child in a
  439  home education program pursuant to chapter 1002, the district
  440  school superintendent shall provide the parent a copy of s.
  441  1002.41 and the accountability requirements of this paragraph.
  442  The district school superintendent shall also refer the parent
  443  to a home education review committee composed of the district
  444  contact for home education programs and at least two home
  445  educators selected by the parent from a district list of all
  446  home educators who have conducted a home education program for
  447  at least 3 years and who have indicated a willingness to serve
  448  on the committee. The home education review committee shall
  449  review the portfolio of the student, as defined by s. 1002.41,
  450  every 30 days during the district’s regular school terms until
  451  the committee is satisfied that the home education program is in
  452  compliance with s. 1002.41(1)(d). The first portfolio review
  453  must occur within the first 30 calendar days of the
  454  establishment of the program. The provisions of subparagraph 2.
  455  do not apply once the committee determines the home education
  456  program is in compliance with s. 1002.41(1)(d).
  457         2. If the parent fails to provide a portfolio to the
  458  committee, the committee shall notify the district school
  459  superintendent. The district school superintendent shall then
  460  terminate the home education program and require the parent to
  461  enroll the child in an attendance option that meets the
  462  definition of “regular school attendance” under s.
  463  1003.01(13)(a), (b), (c), or (e), within 3 days. Upon
  464  termination of a home education program pursuant to this
  465  subparagraph, the parent shall not be eligible to reenroll the
  466  child in a home education program for 180 calendar days. Failure
  467  of a parent to enroll the child in an attendance option as
  468  required by this subparagraph after termination of the home
  469  education program pursuant to this subparagraph shall constitute
  470  noncompliance with the compulsory attendance requirements of s.
  471  1003.21 and may result in criminal prosecution under s.
  472  1003.27(2). Nothing contained herein shall restrict the ability
  473  of the district school superintendent, or the ability of his or
  474  her designee, to review the portfolio pursuant to s.
  475  1002.41(1)(e).
  476         Section 6. Paragraph (k) of subsection (2) of section
  477  11.45, Florida Statutes, is amended to read:
  478         11.45 Definitions; duties; authorities; reports; rules.—
  479         (2) DUTIES.—The Auditor General shall:
  480         (k) Contact each district school board, as defined in s.
  481  1003.01 s. 1003.01(1), with the findings and recommendations
  482  contained within the Auditor General’s previous operational
  483  audit report. The district school board shall provide the
  484  Auditor General with evidence of the initiation of corrective
  485  action within 45 days after the date it is requested by the
  486  Auditor General and evidence of completion of corrective action
  487  within 180 days after the date it is requested by the Auditor
  488  General. If the district school board fails to comply with the
  489  Auditor General’s request or is unable to take corrective action
  490  within the required timeframe, the Auditor General shall notify
  491  the Legislative Auditing Committee.
  493  The Auditor General shall perform his or her duties
  494  independently but under the general policies established by the
  495  Legislative Auditing Committee. This subsection does not limit
  496  the Auditor General’s discretionary authority to conduct other
  497  audits or engagements of governmental entities as authorized in
  498  subsection (3).
  499         Section 7. Paragraph (b) of subsection (3) of section
  500  39.0016, Florida Statutes, is amended to read:
  501         39.0016 Education of abused, neglected, and abandoned
  502  children; agency agreements; children having or suspected of
  503  having a disability.—
  505         (b)1. Each district school superintendent or dependency
  506  court must appoint a surrogate parent for a child known to the
  507  department who has or is suspected of having a disability, as
  508  defined in s. 1003.01 s. 1003.01(3), when:
  509         a. After reasonable efforts, no parent can be located; or
  510         b. A court of competent jurisdiction over a child under
  511  this chapter has determined that no person has the authority
  512  under the Individuals with Disabilities Education Act, including
  513  the parent or parents subject to the dependency action, or that
  514  no person has the authority, willingness, or ability to serve as
  515  the educational decisionmaker for the child without judicial
  516  action.
  517         2. A surrogate parent appointed by the district school
  518  superintendent or the court must be at least 18 years old and
  519  have no personal or professional interest that conflicts with
  520  the interests of the student to be represented. Neither the
  521  district school superintendent nor the court may appoint an
  522  employee of the Department of Education, the local school
  523  district, a community-based care provider, the Department of
  524  Children and Families, or any other public or private agency
  525  involved in the education or care of the child as appointment of
  526  those persons is prohibited by federal law. This prohibition
  527  includes group home staff and therapeutic foster parents.
  528  However, a person who acts in a parental role to a child, such
  529  as a foster parent or relative caregiver, is not prohibited from
  530  serving as a surrogate parent if he or she is employed by such
  531  agency, willing to serve, and knowledgeable about the child and
  532  the exceptional student education process. The surrogate parent
  533  may be a court-appointed guardian ad litem or a relative or
  534  nonrelative adult who is involved in the child’s life regardless
  535  of whether that person has physical custody of the child. Each
  536  person appointed as a surrogate parent must have the knowledge
  537  and skills acquired by successfully completing training using
  538  materials developed and approved by the Department of Education
  539  to ensure adequate representation of the child.
  540         3. If a guardian ad litem has been appointed for a child,
  541  the district school superintendent must first consider the
  542  child’s guardian ad litem when appointing a surrogate parent.
  543  The district school superintendent must accept the appointment
  544  of the court if he or she has not previously appointed a
  545  surrogate parent. Similarly, the court must accept a surrogate
  546  parent duly appointed by a district school superintendent.
  547         4. A surrogate parent appointed by the district school
  548  superintendent or the court must be accepted by any subsequent
  549  school or school district without regard to where the child is
  550  receiving residential care so that a single surrogate parent can
  551  follow the education of the child during his or her entire time
  552  in state custody. Nothing in this paragraph or in rule shall
  553  limit or prohibit the continuance of a surrogate parent
  554  appointment when the responsibility for the student’s
  555  educational placement moves among and between public and private
  556  agencies.
  557         5. For a child known to the department, the responsibility
  558  to appoint a surrogate parent resides with both the district
  559  school superintendent and the court with jurisdiction over the
  560  child. If the court elects to appoint a surrogate parent, notice
  561  shall be provided as soon as practicable to the child’s school.
  562  At any time the court determines that it is in the best
  563  interests of a child to remove a surrogate parent, the court may
  564  appoint a new surrogate parent for educational decisionmaking
  565  purposes for that child.
  566         6. The surrogate parent shall continue in the appointed
  567  role until one of the following occurs:
  568         a. The child is determined to no longer be eligible or in
  569  need of special programs, except when termination of special
  570  programs is being contested.
  571         b. The child achieves permanency through adoption or legal
  572  guardianship and is no longer in the custody of the department.
  573         c. The parent who was previously unknown becomes known,
  574  whose whereabouts were unknown is located, or who was
  575  unavailable is determined by the court to be available.
  576         d. The appointed surrogate no longer wishes to represent
  577  the child or is unable to represent the child.
  578         e. The superintendent of the school district in which the
  579  child is attending school, the Department of Education contract
  580  designee, or the court that appointed the surrogate determines
  581  that the appointed surrogate parent no longer adequately
  582  represents the child.
  583         f. The child moves to a geographic location that is not
  584  reasonably accessible to the appointed surrogate.
  585         7. The appointment and termination of appointment of a
  586  surrogate under this paragraph shall be entered as an order of
  587  the court with a copy of the order provided to the child’s
  588  school as soon as practicable.
  589         8. The person appointed as a surrogate parent under this
  590  paragraph must:
  591         a. Be acquainted with the child and become knowledgeable
  592  about his or her disability and educational needs.
  593         b. Represent the child in all matters relating to
  594  identification, evaluation, and educational placement and the
  595  provision of a free and appropriate education to the child.
  596         c. Represent the interests and safeguard the rights of the
  597  child in educational decisions that affect the child.
  598         9. The responsibilities of the person appointed as a
  599  surrogate parent shall not extend to the care, maintenance,
  600  custody, residential placement, or any other area not
  601  specifically related to the education of the child, unless the
  602  same person is appointed by the court for such other purposes.
  603         10. A person appointed as a surrogate parent shall enjoy
  604  all of the procedural safeguards afforded a parent with respect
  605  to the identification, evaluation, and educational placement of
  606  a student with a disability or a student who is suspected of
  607  having a disability.
  608         11. A person appointed as a surrogate parent shall not be
  609  held liable for actions taken in good faith on behalf of the
  610  student in protecting the special education rights of the child.
  611         Section 8. Subsection (1) of section 414.1251, Florida
  612  Statutes, is amended to read:
  613         414.1251 Learnfare program.—
  614         (1) The department shall reduce the temporary cash
  615  assistance for a participant’s eligible dependent child or for
  616  an eligible teenage participant who has not been exempted from
  617  education participation requirements, if the eligible dependent
  618  child or eligible teenage participant has been identified either
  619  as a habitual truant, pursuant to s. 1003.01 s. 1003.01(8), or
  620  as a dropout, pursuant to s. 1003.01 s. 1003.01(9). For a
  621  student who has been identified as a habitual truant, the
  622  temporary cash assistance must be reinstated after a subsequent
  623  grading period in which the child’s attendance has substantially
  624  improved. For a student who has been identified as a dropout,
  625  the temporary cash assistance must be reinstated after the
  626  student enrolls in a public school, receives a high school
  627  diploma or its equivalency, enrolls in preparation for the high
  628  school equivalency examination, or enrolls in other educational
  629  activities approved by the district school board. Good cause
  630  exemptions from the rule of unexcused absences include the
  631  following:
  632         (a) The student is expelled from school and alternative
  633  schooling is not available.
  634         (b) No licensed day care is available for a child of teen
  635  parents subject to Learnfare.
  636         (c) Prohibitive transportation problems exist (e.g., to and
  637  from day care).
  639  Within 10 days after sanction notification, the participant
  640  parent of a dependent child or the teenage participant may file
  641  an internal fair hearings process review procedure appeal, and
  642  no sanction shall be imposed until the appeal is resolved.
  643         Section 9. Section 1002.01, Florida Statutes, is amended to
  644  read:
  645         1002.01 Definitions.—
  646         (1) A “home education program” means the sequentially
  647  progressive instruction of a student directed by his or her
  648  parent in order to satisfy the attendance requirements of ss.
  649  1002.41, 1003.01(13), and 1003.21(1).
  650         (2) A “private school” is a nonpublic school defined as an
  651  individual, association, copartnership, or corporation, or
  652  department, division, or section of such organizations, that
  653  designates itself as an educational center that includes
  654  kindergarten or a higher grade or as an elementary, secondary,
  655  business, technical, or trade school below college level or any
  656  organization that provides instructional services that meet the
  657  intent of s. 1003.01(18) s. 1003.01(13) or that gives
  658  preemployment or supplementary training in technology or in
  659  fields of trade or industry or that offers academic, literary,
  660  or career training below college level, or any combination of
  661  the above, including an institution that performs the functions
  662  of the above schools through correspondence or extension, except
  663  those licensed under the provisions of chapter 1005. A private
  664  school may be a parochial, religious, denominational, for
  665  profit, or nonprofit school. This definition does not include
  666  home education programs conducted in accordance with s. 1002.41.
  667         Section 10. Paragraph (b) of subsection (2) of section
  668  1002.20, Florida Statutes, is amended to read:
  669         1002.20 K-12 student and parent rights.—Parents of public
  670  school students must receive accurate and timely information
  671  regarding their child’s academic progress and must be informed
  672  of ways they can help their child to succeed in school. K-12
  673  students and their parents are afforded numerous statutory
  674  rights including, but not limited to, the following:
  675         (2) ATTENDANCE.—
  676         (b) Regular school attendance.—Parents of students who have
  677  attained the age of 6 years by February 1 of any school year but
  678  who have not attained the age of 16 years must comply with the
  679  compulsory school attendance laws. Parents have the option to
  680  comply with the school attendance laws by attendance of the
  681  student in a public school; a parochial, religious, or
  682  denominational school; a private school; a home education
  683  program; or a private tutoring program, in accordance with the
  684  provisions of s. 1003.01(18) s. 1003.01(13).
  685         Section 11. Paragraph (d) of subsection (3) of section
  686  1002.3105, Florida Statutes, is amended to read:
  687         1002.3105 Academically Challenging Curriculum to Enhance
  688  Learning (ACCEL) options.—
  689         (3) STUDENT ELIGIBILITY CONSIDERATIONS.—When establishing
  690  student eligibility requirements, principals and school
  691  districts must consider, at a minimum:
  692         (d) Recommendations from one or more of the student’s
  693  teachers in core-curricula courses as defined in s. 1003.01 s.
  694  1003.01(14)(a)-(e).
  695         Section 12. Paragraph (a) of subsection (20) of section
  696  1002.33, Florida Statutes, is amended to read:
  697         1002.33 Charter schools.—
  698         (20) SERVICES.—
  699         (a)1. A sponsor shall provide certain administrative and
  700  educational services to charter schools. These services shall
  701  include contract management services; full-time equivalent and
  702  data reporting services; exceptional student education
  703  administration services; services related to eligibility and
  704  reporting duties required to ensure that school lunch services
  705  under the National School Lunch Program, consistent with the
  706  needs of the charter school, are provided by the school district
  707  at the request of the charter school, that any funds due to the
  708  charter school under the National School Lunch Program be paid
  709  to the charter school as soon as the charter school begins
  710  serving food under the National School Lunch Program, and that
  711  the charter school is paid at the same time and in the same
  712  manner under the National School Lunch Program as other public
  713  schools serviced by the sponsor or the school district; test
  714  administration services, including payment of the costs of
  715  state-required or district-required student assessments;
  716  processing of teacher certificate data services; and information
  717  services, including equal access to student information systems
  718  that are used by public schools in the district in which the
  719  charter school is located. Student performance data for each
  720  student in a charter school, including, but not limited to, FCAT
  721  scores, standardized test scores, previous public school student
  722  report cards, and student performance measures, shall be
  723  provided by the sponsor to a charter school in the same manner
  724  provided to other public schools in the district.
  725         2. A sponsor may withhold an administrative fee for the
  726  provision of such services which shall be a percentage of the
  727  available funds defined in paragraph (17)(b) calculated based on
  728  weighted full-time equivalent students. If the charter school
  729  serves 75 percent or more exceptional education students as
  730  defined in s. 1003.01 s. 1003.01(3), the percentage shall be
  731  calculated based on unweighted full-time equivalent students.
  732  The administrative fee shall be calculated as follows:
  733         a. Up to 5 percent for:
  734         (I) Enrollment of up to and including 250 students in a
  735  charter school as defined in this section.
  736         (II) Enrollment of up to and including 500 students within
  737  a charter school system which meets all of the following:
  738         (A) Includes conversion charter schools and nonconversion
  739  charter schools.
  740         (B) Has all of its schools located in the same county.
  741         (C) Has a total enrollment exceeding the total enrollment
  742  of at least one school district in the state.
  743         (D) Has the same governing board for all of its schools.
  744         (E) Does not contract with a for-profit service provider
  745  for management of school operations.
  746         (III) Enrollment of up to and including 250 students in a
  747  virtual charter school.
  748         b. Up to 2 percent for enrollment of up to and including
  749  250 students in a high-performing charter school as defined in
  750  s. 1002.331.
  751         3. A sponsor may not charge charter schools any additional
  752  fees or surcharges for administrative and educational services
  753  in addition to the maximum percentage of administrative fees
  754  withheld pursuant to this paragraph.
  755         4. A sponsor shall provide to the department by September
  756  15 of each year the total amount of funding withheld from
  757  charter schools pursuant to this subsection for the prior fiscal
  758  year. The department must include the information in the report
  759  required under sub-sub-subparagraph (5)(b)1.k.(III).
  760         Section 13. Paragraph (h) of subsection (5) and paragraph
  761  (a) of subsection (11) of section 1002.385, Florida Statutes,
  762  are amended to read:
  763         1002.385 The Gardiner Scholarship.—
  764         (5) AUTHORIZED USES OF PROGRAM FUNDS.—Program funds must be
  765  used to meet the individual educational needs of an eligible
  766  student and may be spent for the following purposes:
  767         (h) Tuition and fees for part-time tutoring services
  768  provided by a person who holds a valid Florida educator’s
  769  certificate pursuant to s. 1012.56; a person who holds an
  770  adjunct teaching certificate pursuant to s. 1012.57; a person
  771  who has a bachelor’s degree or a graduate degree in the subject
  772  area in which instruction is given; or a person who has
  773  demonstrated a mastery of subject area knowledge pursuant to s.
  774  1012.56(5). As used in this paragraph, the term “part-time
  775  tutoring services” does not qualify as regular school attendance
  776  as defined in s. 1003.01 s. 1003.01(13)(e).
  778  A provider of any services receiving payments pursuant to this
  779  subsection may not share, refund, or rebate any moneys from the
  780  Gardiner Scholarship with the parent or participating student in
  781  any manner. A parent, student, or provider of any services may
  782  not bill an insurance company, Medicaid, or any other agency for
  783  the same services that are paid for using Gardiner Scholarship
  784  funds.
  786  PARTICIPATION.—A parent who applies for program participation
  787  under this section is exercising his or her parental option to
  788  determine the appropriate placement or the services that best
  789  meet the needs of his or her child. The scholarship award for a
  790  student is based on a matrix that assigns the student to support
  791  Level III services. If a parent receives an IEP and a matrix of
  792  services from the school district pursuant to subsection (7),
  793  the amount of the payment shall be adjusted as needed, when the
  794  school district completes the matrix.
  795         (a) To satisfy or maintain program eligibility, including
  796  eligibility to receive and spend program payments, the parent
  797  must sign an agreement with the organization and annually submit
  798  a notarized, sworn compliance statement to the organization to:
  799         1. Affirm that the student is enrolled in a program that
  800  meets regular school attendance requirements as provided in s.
  801  1003.01(18)(b)-(d) s. 1003.01(13)(b)-(d).
  802         2. Affirm that the program funds are used only for
  803  authorized purposes serving the student’s educational needs, as
  804  described in subsection (5).
  805         3. Affirm that the parent is responsible for the education
  806  of his or her student by, as applicable:
  807         a. Requiring the student to take an assessment in
  808  accordance with paragraph (8)(b);
  809         b. Providing an annual evaluation in accordance with s.
  810  1002.41(1)(f); or
  811         c. Requiring the child to take any preassessments and
  812  postassessments selected by the provider if the child is 4 years
  813  of age and is enrolled in a program provided by an eligible
  814  Voluntary Prekindergarten Education Program provider. A student
  815  with disabilities for whom a preassessment and postassessment is
  816  not appropriate is exempt from this requirement. A participating
  817  provider shall report a student’s scores to the parent.
  818         4. Affirm that the student remains in good standing with
  819  the provider or school if those options are selected by the
  820  parent.
  822  A parent who fails to comply with this subsection forfeits the
  823  Gardiner Scholarship.
  824         Section 14. Subsection (7) of section 1002.42, Florida
  825  Statutes, is amended to read:
  826         1002.42 Private schools.—
  827         (7) ATTENDANCE REQUIREMENTS.—Attendance of a student at a
  828  private, parochial, religious, or denominational school
  829  satisfies the attendance requirements of ss. 1003.01(18) ss.
  830  1003.01(13) and 1003.21(1).
  831         Section 15. Subsection (1) of section 1002.43, Florida
  832  Statutes, is amended to read:
  833         1002.43 Private tutoring programs.—
  834         (1) Regular school attendance as defined in s. 1003.01 s.
  835  1003.01(13) may be achieved by attendance in a private tutoring
  836  program if the person tutoring the student meets the following
  837  requirements:
  838         (a) Holds a valid Florida certificate to teach the subjects
  839  or grades in which instruction is given.
  840         (b) Keeps all records and makes all reports required by the
  841  state and district school board and makes regular reports on the
  842  attendance of students in accordance with the provisions of s.
  843  1003.23(2).
  844         (c) Requires students to be in actual attendance for the
  845  minimum length of time prescribed by s. 1011.60(2).
  846         Section 16. Subsection (6) of section 1003.03, Florida
  847  Statutes, is amended to read:
  848         1003.03 Maximum class size.—
  849         (6) COURSES FOR COMPLIANCE.—Consistent with s. 1003.01(4)
  850  s. 1003.01(14), the Department of Education shall identify from
  851  the Course Code Directory the core-curricula courses for the
  852  purpose of satisfying the maximum class size requirement in this
  853  section. The department may adopt rules to implement this
  854  subsection, if necessary.
  855         Section 17. Subsection (4) of section 1003.21, Florida
  856  Statutes, is amended to read:
  857         1003.21 School attendance.—
  858         (4) Before admitting a child to kindergarten, the principal
  859  shall require evidence that the child has attained the age at
  860  which he or she should be admitted in accordance with the
  861  provisions of subparagraph (1)(a)2. The district school
  862  superintendent may require evidence of the age of any child who
  863  is being enrolled in public school and who the district school
  864  superintendent believes to be within the limits of compulsory
  865  attendance as provided for by law; however, the district school
  866  superintendent may not require evidence from any child who meets
  867  regular attendance requirements by attending a school or program
  868  listed in s. 1003.01(18)(b)-(e) s. 1003.01(13)(b)-(e). If the
  869  first prescribed evidence is not available, the next evidence
  870  obtainable in the order set forth below shall be accepted:
  871         (a) A duly attested transcript of the child’s birth record
  872  filed according to law with a public officer charged with the
  873  duty of recording births;
  874         (b) A duly attested transcript of a certificate of baptism
  875  showing the date of birth and place of baptism of the child,
  876  accompanied by an affidavit sworn to by the parent;
  877         (c) An insurance policy on the child’s life that has been
  878  in force for at least 2 years;
  879         (d) A bona fide contemporary religious record of the
  880  child’s birth accompanied by an affidavit sworn to by the
  881  parent;
  882         (e) A passport or certificate of arrival in the United
  883  States showing the age of the child;
  884         (f) A transcript of record of age shown in the child’s
  885  school record of at least 4 years prior to application, stating
  886  date of birth; or
  887         (g) If none of these evidences can be produced, an
  888  affidavit of age sworn to by the parent, accompanied by a
  889  certificate of age signed by a public health officer or by a
  890  public school physician, or, if these are not available in the
  891  county, by a licensed practicing physician designated by the
  892  district school board, which states that the health officer or
  893  physician has examined the child and believes that the age as
  894  stated in the affidavit is substantially correct. Children and
  895  youths who are experiencing homelessness and children who are
  896  known to the department, as defined in s. 39.0016, shall be
  897  given temporary exemption from this section for 30 school days.
  898         Section 18. Paragraph (b) of subsection (1) of section
  899  1003.4282, Florida Statutes, is amended to read:
  900         1003.4282 Requirements for a standard high school diploma.—
  902         (b) The required credits may be earned through equivalent,
  903  applied, or integrated courses or career education courses as
  904  defined in s. 1003.01 s. 1003.01(4), including work-related
  905  internships approved by the State Board of Education and
  906  identified in the course code directory. However, any must-pass
  907  assessment requirements must be met. An equivalent course is one
  908  or more courses identified by content-area experts as being a
  909  match to the core curricular content of another course, based
  910  upon review of the Next Generation Sunshine State Standards for
  911  that subject. An applied course aligns with Next Generation
  912  Sunshine State Standards and includes real-world applications of
  913  a career and technical education standard used in business or
  914  industry. An integrated course includes content from several
  915  courses within a content area or across content areas.
  916         Section 19. Subsection (4) of section 1003.52, Florida
  917  Statutes, is amended to read:
  918         1003.52 Educational services in Department of Juvenile
  919  Justice programs.—
  920         (4) Educational services shall be provided at times of the
  921  day most appropriate for the juvenile justice program. School
  922  programming in juvenile justice detention, prevention, day
  923  treatment, and residential programs shall be made available by
  924  the local school district during the juvenile justice school
  925  year, as provided in s. 1003.01(16) s. 1003.01(11). In addition,
  926  students in juvenile justice education programs shall have
  927  access to courses offered pursuant to ss. 1002.37, 1002.45, and
  928  1003.498. The Department of Education and the school districts
  929  shall adopt policies necessary to provide such access.
  930         Section 20. Section 1003.575, Florida Statutes, is amended
  931  to read:
  932         1003.575 Assistive technology devices; findings;
  933  interagency agreements.—Accessibility, utilization, and
  934  coordination of appropriate assistive technology devices and
  935  services are essential as a young person with disabilities moves
  936  from early intervention to preschool, from preschool to school,
  937  from one school to another, from school to employment or
  938  independent living, and from school to home and community. If an
  939  individual education plan team makes a recommendation in
  940  accordance with State Board of Education rule for a student with
  941  a disability, as defined in s. 1003.01 s. 1003.01(3), to receive
  942  an assistive technology assessment, that assessment must be
  943  completed within 60 school days after the team’s recommendation.
  944  To ensure that an assistive technology device issued to a young
  945  person as part of his or her individualized family support plan,
  946  individual support plan, individualized plan for employment, or
  947  individual education plan remains with the individual through
  948  such transitions, the following agencies shall enter into
  949  interagency agreements, as appropriate, to ensure the
  950  transaction of assistive technology devices:
  951         (1) The Early Steps Program in the Division of Children’s
  952  Medical Services of the Department of Health.
  953         (2) The Division of Blind Services, the Bureau of
  954  Exceptional Education and Student Services, the Office of
  955  Independent Education and Parental Choice, and the Division of
  956  Vocational Rehabilitation of the Department of Education.
  957         (3) The Voluntary Prekindergarten Education Program
  958  administered by the Department of Education and the Office of
  959  Early Learning.
  961  Interagency agreements entered into pursuant to this section
  962  shall provide a framework for ensuring that young persons with
  963  disabilities and their families, educators, and employers are
  964  informed about the utilization and coordination of assistive
  965  technology devices and services that may assist in meeting
  966  transition needs, and shall establish a mechanism by which a
  967  young person or his or her parent may request that an assistive
  968  technology device remain with the young person as he or she
  969  moves through the continuum from home to school to postschool.
  970         Section 21. Paragraph (d) of subsection (2) of section
  971  1006.07, Florida Statutes, is amended to read:
  972         1006.07 District school board duties relating to student
  973  discipline and school safety.—The district school board shall
  974  provide for the proper accounting for all students, for the
  975  attendance and control of students at school, and for proper
  976  attention to health, safety, and other matters relating to the
  977  welfare of students, including:
  978         (2) CODE OF STUDENT CONDUCT.—Adopt a code of student
  979  conduct for elementary schools and a code of student conduct for
  980  middle and high schools and distribute the appropriate code to
  981  all teachers, school personnel, students, and parents, at the
  982  beginning of every school year. Each code shall be organized and
  983  written in language that is understandable to students and
  984  parents and shall be discussed at the beginning of every school
  985  year in student classes, school advisory council meetings, and
  986  parent and teacher association or organization meetings. Each
  987  code shall be based on the rules governing student conduct and
  988  discipline adopted by the district school board and shall be
  989  made available in the student handbook or similar publication.
  990  Each code shall include, but is not limited to:
  991         (d)1. An explanation of the responsibilities of each
  992  student with regard to appropriate dress, respect for self and
  993  others, and the role that appropriate dress and respect for self
  994  and others has on an orderly learning environment. Each district
  995  school board shall adopt a dress code policy that prohibits a
  996  student, while on the grounds of a public school during the
  997  regular school day, from wearing clothing that exposes underwear
  998  or body parts in an indecent or vulgar manner or that disrupts
  999  the orderly learning environment.
 1000         2. Any student who violates the dress policy described in
 1001  subparagraph 1. is subject to the following disciplinary
 1002  actions:
 1003         a. For a first offense, a student shall be given a verbal
 1004  warning and the school principal shall call the student’s parent
 1005  or guardian.
 1006         b. For a second offense, the student is ineligible to
 1007  participate in any extracurricular activity for a period of time
 1008  not to exceed 5 days and the school principal shall meet with
 1009  the student’s parent or guardian.
 1010         c. For a third or subsequent offense, a student shall
 1011  receive an in-school suspension pursuant to s. 1003.01 s.
 1012  1003.01(5) for a period not to exceed 3 days, the student is
 1013  ineligible to participate in any extracurricular activity for a
 1014  period not to exceed 30 days, and the school principal shall
 1015  call the student’s parent or guardian and send the parent or
 1016  guardian a written letter regarding the student’s in-school
 1017  suspension and ineligibility to participate in extracurricular
 1018  activities.
 1019         Section 22. Subsection (5) of section 1008.24, Florida
 1020  Statutes, is amended to read:
 1021         1008.24 Test administration and security; public records
 1022  exemption.—
 1023         (5) Exceptional students with disabilities, as defined in
 1024  s. 1003.01 s. 1003.01(3), shall have access to testing sites.
 1025  The Department of Education and each school district shall adopt
 1026  policies that are necessary to ensure such access.
 1027         Section 23. Paragraph (c) of subsection (6) of section
 1028  1012.2315, Florida Statutes, is amended to read:
 1029         1012.2315 Assignment of teachers.—
 1032         (c) For a student enrolling in an extracurricular course as
 1033  defined in s. 1003.01 s. 1003.01(15), a parent may choose to
 1034  have the student taught by a teacher who received a performance
 1035  evaluation of “needs improvement” or “unsatisfactory” in the
 1036  preceding school year if the student and the student’s parent
 1037  receive an explanation of the impact of teacher effectiveness on
 1038  student learning and the principal receives written consent from
 1039  the parent.
 1040         Section 24. This act shall take effect July 1, 2021.