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