The Florida Senate

232.17  Enforcement of school attendance.----The Legislature finds that poor academic performance is associated with nonattendance and that schools must take an active role in enforcing attendance as a means of improving the performance of many students. It is the policy of the state that the superintendent of each school district be responsible for enforcing school attendance of all children and youth subject to the compulsory school age in the school district. The responsibility includes recommending to the school board policies and procedures to ensure that schools respond in a timely manner to every unexcused absence, or absence for which the reason is unknown, of students enrolled in the schools. School board policies must require each parent or guardian of a student to justify each absence of the student, and that justification will be evaluated based on adopted school board policies that define excused and unexcused absences. The policies must provide that schools track excused and unexcused absences and contact the home in the case of an unexcused absence from school, or an absence from school for which the reason is unknown, to prevent the development of patterns of nonattendance. The Legislature finds that early intervention in school attendance matters is the most effective way of producing good attendance habits that will lead to improved student learning and achievement. Each public school shall implement the following steps to enforce regular school attendance:

(1)  CONTACT, REFER, AND ENFORCE.--

(a)  Upon each unexcused absence, or absence for which the reason is unknown, the school principal or his or her designee shall contact the student's parent or guardian to determine the reason for the absence. If the absence is an excused absence, as defined by school board policy, the school shall provide opportunities for the student to make up assigned work and not receive an academic penalty unless the work is not made up within a reasonable time.

(b)  If a student has had at least five unexcused absences, or absences for which the reasons are unknown, within a calendar month or 10 unexcused absences, or absences for which the reasons are unknown, within a 90-calendar-day period, the student's primary teacher shall report to the school principal or his or her designee that the student may be exhibiting a pattern of nonattendance. The principal shall, unless there is clear evidence that the absences are not a pattern of nonattendance, refer the case to the school's child study team to determine if early patterns of truancy are developing. If the child study team finds that a pattern of nonattendance is developing, whether the absences are excused or not, a meeting with the parent must be scheduled to identify potential remedies.

(c)  If an initial meeting does not resolve the problem, the child study team shall implement interventions that best address the problem. The interventions may include, but need not be limited to:

1.  Frequent communication between the teacher and the family;

2.  Changes in the learning environment;

3.  Mentoring;

4.  Student counseling;

5.  Tutoring, including peer tutoring;

6.  Placement into different classes;

7.  Evaluation for alternative education programs;

8.  Attendance contracts;

9.  Referral to other agencies for family services; or

10.  Other interventions.

(d)  The child study team shall be diligent in facilitating intervention services and shall report the case to the superintendent only when all reasonable efforts to resolve the nonattendance behavior are exhausted.

(e)  If the parent, guardian, or other person in charge of the child refuses to participate in the remedial strategies because he or she believes that those strategies are unnecessary or inappropriate, the parent, guardian, or other person in charge of the child may appeal to the school board. The school board may provide a hearing officer, and the hearing officer shall make a recommendation for final action to the board. If the board's final determination is that the strategies of the child study team are appropriate, and the parent, guardian, or other person in charge of the child still refuses to participate or cooperate, the superintendent may seek criminal prosecution for noncompliance with compulsory school attendance.

(f)  If a child subject to compulsory school attendance will not comply with attempts to enforce school attendance, the parent, the guardian, or the superintendent or his or her designee shall refer the case to the case staffing committee pursuant to s. 984.12, and the superintendent or his or her designee may file a truancy petition pursuant to the procedures in s. 984.151.

(2)  GIVE WRITTEN NOTICE.--

(a)  Under the direction of the superintendent, a designated school representative shall give written notice, in person or by return-receipt mail, to the parent, guardian, or other person having control when no valid reason is found for a child's nonenrollment in school which requires enrollment or attendance within 3 days after the date of notice. If the notice and requirement are ignored, the designated school representative shall report the case to the superintendent, and may refer the case to the case staffing committee, established pursuant to s. 984.12. The superintendent shall take such steps as are necessary to bring criminal prosecution against the parent, guardian, or other person having control.

(b)  Subsequent to the activities required under subsection (1), the superintendent or his or her designee shall give written notice in person or by return-receipt mail to the parent, guardian, or other person in charge of the child that criminal prosecution is being sought for nonattendance. The superintendent may file a truancy petition, as defined in s. 984.03, following the procedures outlined in s. 984.151.

(3)  RETURN CHILD TO PARENT.--A designated school representative shall visit the home or place of residence of a child and any other place in which he or she is likely to find any child who is required to attend school when such child is not enrolled or is absent from school during school hours without an excuse, and, when the child is found, shall return the child to his or her parent or to the principal or teacher in charge of the school, or to the private tutor from whom absent, or to the juvenile assessment center or other location established by the school board to receive students who are absent from school. Upon receipt of the student, the parent shall be immediately notified.

(4)  REPORT TO THE DIVISION OF JOBS AND BENEFITS.--A designated school representative shall report to the Division of Jobs and Benefits of the Department of Labor and Employment Security or to any person acting in similar capacity who may be designated by law to receive such notices, all violations of the Child Labor Law that may come to his or her knowledge.

(5)  RIGHT TO INSPECT.--A designated school representative shall have the same right of access to, and inspection of, establishments where minors may be employed or detained as is given by law to the Division of Jobs and Benefits only for the purpose of ascertaining whether children of compulsory school age are actually employed there and are actually working there regularly. The designated school representative shall, if he or she finds unsatisfactory working conditions or violations of the Child Labor Law, report his or her findings to the Division of Jobs and Benefits or its agents.

History.--s. 617, ch. 19355, 1939; CGL 1940 Supp. 892(188); s. 10, ch. 26484, 1951; s. 54, ch. 29764, 1955; ss. 17, 35, ch. 69-106; s. 1, ch. 69-300; s. 100, ch. 72-221; s. 1, ch. 73-283; s. 13, ch. 79-7; s. 3, ch. 81-103; s. 10, ch. 81-192; s. 7, ch. 83-174; s. 7, ch. 84-255; s. 48, ch. 85-80; s. 1264, ch. 95-147; s. 2, ch. 95-345; s. 7, ch. 96-369; s. 26, ch. 97-190; s. 8, ch. 97-234; s. 20, ch. 98-280; s. 69, ch. 99-398.