Bill Text: FL S0972 | 2011 | Regular Session | Introduced
Bill Title: Public School Attendance
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0972 Detail]
Download: Florida-2011-S0972-Introduced.html
Florida Senate - 2011 SB 972 By Senator Wise 5-00396-11 2011972__ 1 A bill to be entitled 2 An act relating to public school attendance; amending 3 ss. 1002.01, 1002.20, 1002.42, and 1002.43, F.S.; 4 conforming cross-references; amending s. 1003.01, 5 F.S.; redefining the term “habitual truancy” to apply 6 to students who are subject to pilot program 7 requirements; defining the term “regular program 8 attendance” to conform to changes made by the act; 9 amending s. 1003.21, F.S.; requiring that a student in 10 a pilot program school district be informed of 11 attendance and completion requirements; creating s. 12 1003.215, F.S.; creating the Student Preparedness 13 Pilot Program; requiring that the Duval County School 14 District and each selected school district review and 15 identify curricula options for certain students; 16 requiring that students in pilot program districts who 17 attain the age of 16 years but have not reached the 18 age of 18 years and who do not regularly attend school 19 be subject to specific attendance and completion 20 requirements; providing for an application and 21 selection process for school district participation; 22 specifying procedures for termination of school 23 enrollment and requirements for pilot program 24 attendance and completion; providing that students who 25 select a nontraditional academic option are not 26 eligible students for purposes of school grading; 27 requiring that the Office of Program Policy Analysis 28 and Government Accountability conduct and submit an 29 annual study and report; amending s. 1003.26, F.S.; 30 conforming a cross-reference; providing an effective 31 date. 32 33 Be It Enacted by the Legislature of the State of Florida: 34 35 Section 1. Section 1002.01, Florida Statutes, is amended to 36 read: 37 1002.01 Definitions.— 38 (1) A “home education program” means the sequentially 39 progressive instruction of a student directed by his or her 40 parent in order to satisfy the attendance requirements inofss. 41 1002.41, 1003.01(13)(a)1003.01(13), and 1003.21(1). 42 (2) A “private school” is a nonpublic school defined as an 43 individual, association, copartnership, or corporation, or 44 department, division, or section of such organizations, that 45 designates itself as an educational center that includes 46 kindergarten or a higher grade or as an elementary, secondary, 47 business, technical, or trade school below college level or any 48 organization that provides instructional services that meet the 49 requirements in s. 1003.01(13)(a)intent ofs.1003.01(13)or 50 that gives preemployment or supplementary training in technology 51 or in fields of trade or industry or that offers academic, 52 literary, or career training below college level, or any 53 combination of the above, including an institution that performs 54 the functions of the above schools through correspondence or 55 extension, except those licensed under the provisions of chapter 56 1005. A private school may be a parochial, religious, 57 denominational, for-profit, or nonprofit school. This definition 58 does not include home education programs conducted in accordance 59 with s. 1002.41. 60 Section 2. Paragraph (b) of subsection (2) of section 61 1002.20, Florida Statutes, is amended to read: 62 1002.20 K-12 student and parent rights.—Parents of public 63 school students must receive accurate and timely information 64 regarding their child’s academic progress and must be informed 65 of ways they can help their child to succeed in school. K-12 66 students and their parents are afforded numerous statutory 67 rights including, but not limited to, the following: 68 (2) ATTENDANCE.— 69 (b) Regular school attendance.—Parents of students who have 70 attained the age of 6 years by February 1 of any school year but 71 who have not attained the age of 16 years must comply with the 72 compulsory school attendance laws. Parents have the option to 73 comply with the school attendance laws by attendance of the 74 student in a public school; a parochial, religious, or 75 denominational school; a private school; a home education 76 program; or a private tutoring program, pursuant to s. 77 1003.01(13)(a)in accordance with the provisions of s.781003.01(13). 79 Section 3. Subsection (7) of section 1002.42, Florida 80 Statutes, is amended to read: 81 1002.42 Private schools.— 82 (7) ATTENDANCE REQUIREMENTS.—Attendance of a student at a 83 private, parochial, religious, or denominational school 84 satisfies the attendance requirements inofss. 1003.01(13)(a) 851003.01(13)and 1003.21(1). 86 Section 4. Subsection (1) of section 1002.43, Florida 87 Statutes, is amended to read: 88 1002.43 Private tutoring programs.— 89 (1) Regular school attendance as defined in s. 90 1003.01(13)(a)s.1003.01(13)may be achieved by attendance in a 91 private tutoring program if the person tutoring the student 92 meets the following requirements: 93 (a) Holds a valid Florida certificate to teach the subjects 94 or grades in which instruction is given. 95 (b) Keeps all records and makes all reports required by the 96 state and district school board and makes regular reports on the 97 attendance of students in accordance with the provisions of s. 98 1003.23(2). 99 (c) Requires students to be in actual attendance for the 100 minimum length of time prescribed by s. 1011.60(2). 101 Section 5. Subsections (8) and (13) of section 1003.01, 102 Florida Statutes, are amended to read: 103 1003.01 Definitions.—As used in this chapter, the term: 104 (8) “Habitual truant” means a student who has 15 unexcused 105 absences within 90 calendar days with or without the knowledge 106 or consent of the student’s parent;,is subject to compulsory 107 school attendance under s. 1003.21(1) and (2)(a) or is subject 108 to the Student Preparedness Pilot Program under s. 1003.215;,109 and is not exempt under s. 1003.21(3),ors. 1003.24, orby110meeting the criteria forany other exemption specified by law or 111 rules of the State Board of Education. Such a student must have 112 been the subject of the activities specified in ss. 1003.26 and 113 1003.27(3), without resultant successful remediation of the 114 truancy problem before being dealt with as a child in need of 115 services according to the provisions of chapter 984. 116 (13)(a) “Regular school attendance” means the actual 117 attendance of a student during the school day as defined by law 118 and rules of the State Board of Education. Regular attendance 119 within the intent of s. 1003.21 may be achieved by attendance 120 in: 121 1.(a)A public school supported by public funds; 122 2.(b)A parochial, religious, or denominational school; 123 3.(c)A private school supported in whole or in part by 124 tuition charges or by endowments or gifts; 125 4.(d)A home education program that meets the requirements 126 of chapter 1002; or 127 5.(e)A private tutoring program that meets the 128 requirements of chapter 1002. 129 (b) “Regular program attendance” means actual attendance by 130 a student who is participating in the Student Preparedness Pilot 131 Program under s. 1003.215 and who has selected a traditional or 132 nontraditional academic option as defined by law and rules of 133 the State Board of Education. The district school superintendent 134 shall enforce the attendance of the student. 135 Section 6. Paragraph (c) of subsection (1) of section 136 1003.21, Florida Statutes, is amended to read: 137 1003.21 School attendance.— 138 (1) 139 (c) A student who attains the age of 16 years during the 140 school year is not subject to compulsory school attendance 141 beyond the date upon which he or she attains that age if the 142 student files a formal declaration of intent to terminate school 143 enrollment with the district school board. Public school 144 students who have attained the age of 16 years and who have not 145 graduated are subject to compulsory school attendance until the 146 formal declaration of intent is filed with the district school 147 board. The declaration must acknowledge that terminating school 148 enrollment is likely to reduce the student’s earning potential 149 and must be signed by the student and the student’s parent. The 150 school district must notify the student’s parent of receipt of 151 the student’s declaration of intent to terminate school 152 enrollment. The student’s guidance counselor or other school 153 personnel must conduct an exit interview with the student to 154 determine the reasons for the student’s decision to terminate 155 school enrollment and actions that could be taken to keep the 156 student in school. The student must be informed of opportunities 157 to continue his or her education in a different environment, 158 including, but not limited to, adult education and GED test 159 preparation. Additionally, the student must complete a survey in 160 a format prescribed by the Department of Education to provide 161 data on student reasons for terminating enrollment and actions 162 taken by schools to keep students enrolled. A student enrolled 163 in a Student Preparedness Pilot Program school district must 164 receive information regarding the program’s attendance and 165 completion requirements under s. 1003.215. 166 Section 7. Section 1003.215, Florida Statutes, is created 167 to read: 168 1003.215 Student Preparedness Pilot Program.— 169 (1) The Legislature finds that it is in the public interest 170 that all students exit from public schools having attained 171 academic skills that provide the students the opportunity to 172 pursue postsecondary education or having attained skills that 173 lead to ready-to-work certification, industry certification, or 174 skill licensure. 175 (2)(a) Beginning with the 2011–2012 school year, and 176 continuing through the 2017–2018 school year, there is created 177 the Student Preparedness Pilot Program, which shall be 178 implemented as a pilot program by school districts. Students in 179 a school district selected to implement the pilot program 180 pursuant to subsection (3) who attain the age of 16 years, but 181 have not reached the age of 18 years, and who choose to exercise 182 their option not to regularly attend school pursuant to s. 183 1003.21(1)(c) shall be subject to the attendance and completion 184 requirements in this section. 185 (b) In the 2011-2012 school year, each school district 186 selected pursuant to subsection (3) shall review, identify, and 187 develop curricula options for the implementation of the pilot 188 program requirements pursuant to paragraph (5)(a) for students 189 who attain the age of 16 years, but have not reached the age of 190 18 years, and whose academic goals may not include a traditional 191 high school diploma. These options shall include, but are not 192 limited to, nontraditional academic options and flexible 193 attendance options, and may include a phasing in of students by 194 age or grade. Each selected school district must develop a plan 195 to meet the student’s needs and the attendance and completion 196 requirements in this section before the pilot program is 197 implemented in the 2012-2013 school year. 198 (3) The Department of Education shall develop an 199 application process for all school districts to apply to 200 participate in the pilot program. The State Board of Education 201 shall select the pilot program districts, one of which shall be 202 the Duval County School District. 203 (4) Parents of public school students enrolled in a 204 participating pilot program district must receive accurate and 205 timely information regarding their child’s academic progress and 206 must be informed of ways they can help their child succeed in 207 school. 208 (5)(a) A student in a participating pilot program district 209 who attains the age of 16 years, but has not reached the age of 210 18 years, has the right to file a formal declaration of intent 211 to terminate school enrollment if the declaration is signed by 212 the parent. The parent has the right to be notified by the 213 school district of the district’s receipt of the student’s 214 declaration of intent to terminate school enrollment. The 215 student’s guidance counselor or other school personnel must 216 conduct an exit interview pursuant to s. 1003.21(1)(c). Any 217 student in a participating pilot program district who files a 218 declaration seeking to terminate school enrollment but has not 219 reached the age of 18 years shall be required, until completion 220 or attainment of the age of 18 years, to continue pursuing 221 credits toward a high school diploma, pursue a high school 222 equivalency diploma along with participation in the Florida 223 Ready to Work Certification Program under s. 1004.99, 224 participate in a career or job training program leading to 225 industry certification or skill licensure that is developed by 226 or in cooperation with the district school board, or participate 227 in the Florida Ready to Work Certification Program under s. 228 1004.99. 229 (b) A Student Preparedness Pilot Program student subject to 230 the attendance and completion requirements in this section is 231 not an eligible student for purposes of school grading under s. 232 1008.34(3)(c) if the student has selected a nontraditional 233 academic option as part of the pilot program. 234 (6) Students who are or become married or who are pregnant 235 and parenting have the right to attend school and receive the 236 same or equivalent educational instruction as other students. 237 (7) The Office of Program Policy Analysis and Government 238 Accountability (OPPAGA), in cooperation with the participating 239 pilot program districts, the applicable state attorneys’ offices 240 and regional workforce boards, the Agency for Workforce 241 Innovation, the Department of Education, and the Department of 242 Juvenile Justice, shall conduct a study annually of the impact 243 of the pilot program on dropout and graduation rates, on the 244 employability of students, and on juvenile crime, using 2010 245 2011 data as the baseline for the research. OPPAGA shall develop 246 criteria for the collection and reporting of data using input 247 from the cooperating entities. The results of each annual report 248 shall be made available to participating pilot program 249 districts, the applicable state attorneys’ offices and regional 250 workforce boards, the Agency for Workforce Education, the 251 Department of Education, the Department of Juvenile Justice, the 252 Governor, the President of the Senate, and the Speaker of the 253 House of Representatives by January 1 following each school 254 year, beginning January 1, 2015. 255 Section 8. Paragraph (f) of subsection (1) of section 256 1003.26, Florida Statutes, is amended to read: 257 1003.26 Enforcement of school attendance.—The Legislature 258 finds that poor academic performance is associated with 259 nonattendance and that school districts must take an active role 260 in promoting and enforcing attendance as a means of improving 261 student performance. It is the policy of the state that each 262 district school superintendent be responsible for enforcing 263 school attendance of all students subject to the compulsory 264 school age in the school district and supporting enforcement of 265 school attendance by local law enforcement agencies. The 266 responsibility includes recommending policies and procedures to 267 the district school board that require public schools to respond 268 in a timely manner to every unexcused absence, and every absence 269 for which the reason is unknown, of students enrolled in the 270 schools. District school board policies shall require the parent 271 of a student to justify each absence of the student, and that 272 justification will be evaluated based on adopted district school 273 board policies that define excused and unexcused absences. The 274 policies must provide that public schools track excused and 275 unexcused absences and contact the home in the case of an 276 unexcused absence from school, or an absence from school for 277 which the reason is unknown, to prevent the development of 278 patterns of nonattendance. The Legislature finds that early 279 intervention in school attendance is the most effective way of 280 producing good attendance habits that will lead to improved 281 student learning and achievement. Each public school shall 282 implement the following steps to promote and enforce regular 283 school attendance: 284 (1) CONTACT, REFER, AND ENFORCE.— 285 (f)1. If the parent of a child who has been identified as 286 exhibiting a pattern of nonattendance enrolls the child in a 287 home education program pursuant to chapter 1002, the district 288 school superintendent shall provide the parent a copy of s. 289 1002.41 and the accountability requirements inofthis 290 paragraph. The district school superintendent shall also refer 291 the parent to a home education review committee composed of the 292 district contact for home education programs and at least two 293 home educators selected by the parent from a district list of 294 all home educators who have conducted a home education program 295 for at least 3 years and who have indicated a willingness to 296 serve on the committee. The home education review committee 297 shall review the portfolio of the student, as defined by s. 298 1002.41, every 30 days during the district’s regular school 299 terms until the committee is satisfied that the home education 300 program is in compliance with s. 1002.41(1)(b). The first 301 portfolio review must occur within the first 30 calendar days of 302 the establishment of the program. The provisions of subparagraph 303 2. do not apply once the committee determines the home education 304 program is in compliance with s. 1002.41(1)(b). 305 2. If the parent fails to provide a portfolio to the 306 committee, the committee shall notify the district school 307 superintendent. The district school superintendent shall then 308 terminate the home education program and require the parent to 309 enroll the child in an attendance option that meets the 310 definition of “regular school attendance” under s. 311 1003.01(13)(a)1., 2., 3., or 5., (b), (c), or (e),within 3 312 days. Upon termination of a home education program pursuant to 313 this subparagraph, the parent shall not be eligible to reenroll 314 the child in a home education program for 180 calendar days. 315 Failure of a parent to enroll the child in an attendance option 316 as required by this subparagraph after termination of the home 317 education program pursuant to this subparagraph shall constitute 318 noncompliance with the compulsory attendance requirements of s. 319 1003.21 and may result in criminal prosecution under s. 320 1003.27(2). Nothing contained herein shall restrict the ability 321 of the district school superintendent, or the ability of his or 322 her designee, to review the portfolio pursuant to s. 323 1002.41(1)(b). 324 Section 9. This act shall take effect July 1, 2011.