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House Bill 1309

Florida House of Representatives - 1997 HB 1309 By Representative Stafford 1 A bill to be entitled 2 An act relating to education; amending s. 3 39.01, F.S.; revising provisions regarding 4 habitual truancy; amending s. 228.041, F.S.; 5 revising the definitions of the terms "habitual 6 truant" and "dropout"; amending s. 232.01, 7 F.S.; revising compulsory school attendance 8 requirements to require children over the age 9 of 16 to file a formal declaration of intent to 10 terminate school enrollment in order to be 11 exempt from compulsory school attendance 12 requirements; amending s. 232.17, F.S.; 13 revising procedures relating to habitual 14 truancy; amending s. 232.19, F.S.; revising 15 procedures relating to habitual truancy; 16 providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Subsections (12) and (73) of section 39.01, 21 Florida Statutes, 1996 Supplement, are amended to read: 22 39.01 Definitions.--When used in this chapter: 23 (12) "Child in need of services" means a child for 24 whom there is no pending investigation into an allegation or 25 suspicion of abuse, neglect, or abandonment; no pending 26 referral alleging the child is delinquent; or no current 27 supervision by the Department of Juvenile Justice or the 28 Department of Health and Rehabilitative Services for an 29 adjudication of dependency or delinquency. The child must 30 also, pursuant to this chapter, be found by the court: 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1309 289-192A-97 1 (a) To have persistently run away from the child's 2 parents or legal custodians despite reasonable efforts of the 3 child, the parents or legal custodians, and appropriate 4 agencies to remedy the conditions contributing to the 5 behavior. Reasonable efforts shall include voluntary 6 participation by the child's parents or legal custodians and 7 the child in family mediation, services, and treatment offered 8 by the Department of Juvenile Justice or the Department of 9 Health and Rehabilitative Services; 10 (b) To be habitually truant from school, while subject 11 to compulsory school attendance, despite reasonable efforts to 12 remedy the situation pursuant to ss. 232.17 and 232.19 s. 13 232.19 and through voluntary participation by the child's 14 parents or legal custodians and by the child in family 15 mediation, services, and treatment offered by the Department 16 of Juvenile Justice or the Department of Health and 17 Rehabilitative Services; or 18 (c) To have persistently disobeyed the reasonable and 19 lawful demands of the child's parents or legal custodians, and 20 to be beyond their control despite efforts by the child's 21 parents or legal custodians and appropriate agencies to remedy 22 the conditions contributing to the behavior. Reasonable 23 efforts may include such things as good faith participation in 24 family or individual counseling. 25 26 The State Attorney may file a child-in-need-of-services 27 petition after referring a child who is subject to compulsory 28 school attendance and who either has 15 unexcused absences 29 within 90 days or fails to enroll in school to the appropriate 30 agency for evaluation and after consulting with that agency. 31 (73) "To be habitually truant" means that: 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1309 289-192A-97 1 (a) The child has 15 unexcused absences within 90 days 2 with or without the knowledge or justifiable consent of the 3 child's parent or legal guardian, is subject to compulsory 4 school attendance under s. 233.01, and is not exempt under 5 from attendance by virtue of being over the age of compulsory 6 school attendance or by meeting the criteria in s. 232.06, s. 7 232.09, or any other exemptions specified by law or the rules 8 of the State Board of Education; 9 (b) In addition to the actions described in s. 232.17, 10 the school administration has completed the following 11 Escalating activities to determine the cause, and to attempt 12 the remediation, of the child's truant behavior under ss. 13 232.17 and 232.19 have been completed.: 14 1. After a minimum of 3 and prior to 15 unexcused 15 absences within 90 days, one or more meetings have been held, 16 either in person or by phone, between a school attendance 17 assistant or school social worker, the child's parent or 18 guardian, and the child, if necessary, to report and to 19 attempt to solve the truancy problem. However, if the school 20 attendance assistant or school social worker has documented 21 the refusal of the parent or guardian to participate in the 22 meetings, then this requirement has been met; 23 2. Educational counseling has been provided to 24 determine whether curriculum changes would help solve the 25 truancy problem, and, if any changes were indicated, such 26 changes were instituted but proved unsuccessful in remedying 27 the truant behavior. Such curriculum changes may include 28 enrollment of the child in an alternative education program 29 that meets the specific educational and behavioral needs of 30 the child, including a second chance school, as provided for 31 in s. 230.2316, designed to resolve truant behavior; 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1309 289-192A-97 1 3. Educational evaluation, pursuant to the 2 requirements of s. 232.19(3)(b)3., has been provided; and 3 4. The school social worker, the attendance assistant, 4 or the school superintendent's designee if there is no school 5 social worker or attendance assistant has referred the student 6 and family to the children-in-need-of-services and 7 families-in-need-of-services provider or the case staffing 8 committee, established pursuant to s. 39.426, as determined by 9 the cooperative agreement required in s. 232.19(3). The case 10 staffing committee may request the department or its designee 11 to file a child-in-need-of-services petition based upon the 12 report and efforts of the school district or other community 13 agency or may seek to resolve the truancy behavior through the 14 school or community-based organizations or agencies. 15 16 If a child who is subject to within the compulsory school 17 attendance age is responsive to the interventions described in 18 ss. 232.17 and 232.19 this paragraph and has completed the 19 necessary requirements to pass the current grade as indicated 20 in the district pupil progression plan, the child shall not be 21 determined to be habitually truant and shall be passed;. If a 22 child within the compulsory school attendance age has 15 23 unexcused absences or fails to enroll in school, the State 24 Attorney may file a child-in-need-of-services petition. Prior 25 to filing a petition, the child must be referred to the 26 appropriate agency for evaluation. After consulting with the 27 evaluating agency, the State Attorney may elect to file a 28 child-in-need-of-services petition. 29 (c) A school representative, designated according to 30 school board policy school social worker or other person 31 designated by the school administration, if the school does 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1309 289-192A-97 1 not have a school social worker, and an intake counselor or 2 case manager of the Department of Juvenile Justice have 3 jointly investigated the truancy problem or, if that was not 4 feasible, have performed separate investigations to identify 5 conditions which may be contributing to the truant behavior; 6 and if, after a joint staffing of the case to determine the 7 necessity for services, such services were determined to be 8 needed, the persons who performed the investigations met 9 jointly with the family and child to discuss any referral to 10 appropriate community agencies for economic services, family 11 or individual counseling, or other services required to remedy 12 the conditions that are contributing to the truant behavior; 13 and 14 (d) The failure or refusal of the parent or legal 15 guardian or the child to participate, or make a good faith 16 effort to participate, in the activities prescribed to remedy 17 the truant behavior, or the failure or refusal of the child to 18 return to school after participation in activities required by 19 this subsection, or the failure of the child to stop the 20 truant behavior after the school administration and the 21 Department of Juvenile Justice have worked with the child as 22 described in s. 232.19(3) shall be handled as prescribed in s. 23 232.19. 24 Section 2. Subsections (28) and (29) of section 25 228.041, Florida Statutes, 1996 Supplement, are amended to 26 read: 27 228.041 Definitions.--Specific definitions shall be as 28 follows, and wherever such defined words or terms are used in 29 the Florida School Code, they shall be used as follows: 30 (28) HABITUAL TRUANT.--A habitual truant is a student 31 who has 15 unexcused absences within 90 days with or without 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1309 289-192A-97 1 the knowledge or consent of the student's parent or legal 2 guardian, is subject to compulsory school attendance under s. 3 232.01, and is not exempt under and who is not exempt from 4 attendance by virtue of being over the age of compulsory 5 school attendance, by meeting the criteria in s. 232.06 or s. 6 232.09, or by meeting the criteria for any other exemption 7 specified by law or rules of the State Board of Education. 8 Such a student must have been the subject of the activities 9 specified in ss. 232.17 and 232.19, without resultant 10 successful remediation of the truancy problem before being 11 dealt with as a child in need of services according to the 12 provisions of chapter 39. 13 (29) DROPOUT.--A dropout is a student not subject to 14 over the age of compulsory school attendance, as defined in s. 15 232.01, who meets any one or more of the following criteria: 16 (a) The student has voluntarily removed himself or 17 herself from the school system before graduation for reasons 18 that include, but are not limited to, marriage or entrance 19 into the military, or the student has withdrawn from school 20 because he or she has failed the statewide student assessment 21 test and thereby does not receive any of the certificates of 22 completion; 23 (b) The student has not met the relevant attendance 24 requirements of the school district pursuant to State Board of 25 Education rules, or the student was expected to attend a 26 school but did not enter as expected for unknown reasons, or 27 the student's whereabouts are unknown; 28 (c) The student has withdrawn from school, but has not 29 transferred to another public or private school or enrolled in 30 any vocational, adult, or alternative educational program; 31 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1309 289-192A-97 1 (d) The student has withdrawn from school due to 2 hardship, unless such withdrawal has been granted under the 3 provisions of s. 322.0601, court action, expulsion, medical 4 reasons, or pregnancy; or 5 (e) The student is not eligible to attend school 6 because of reaching the maximum age for an exceptional student 7 program in accordance with the district's policy. 8 9 Students not exempt from attendance pursuant to s. 232.06 and 10 who are subject to under the age of compulsory school 11 attendance under s. 232.01 and who stop attending school are 12 shall be known as habitual truants as defined in subsection 13 (28) and are not to be considered dropouts. The State Board 14 of Education may adopt rules to implement the provisions of 15 this subsection. 16 Section 3. Subsection (1) of section 232.01, Florida 17 Statutes, is amended to read: 18 232.01 Regular school attendance required between ages 19 of 6 and 16; permitted at age of 5; exceptions.-- 20 (1)(a) All children who have attained the age of 6 21 years or who will have attained the age of 6 years by February 22 1 of any school year or who are older than 6 years of age but 23 who have not attained the age of 16 years, except as 24 hereinafter provided, are required to attend school regularly 25 during the entire school term. 26 (b) Any child who has attained the age of 6 years on 27 or before September 1 of the school year and who has been 28 enrolled in a public school or who has attained the age of 6 29 years on or before September 1 and has satisfactorily 30 completed the requirements for kindergarten in a nonpublic 31 school from which the district school board accepts transfer 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1309 289-192A-97 1 of academic credit, or who otherwise meets the criteria for 2 admission or transfer in a manner similar to that applicable 3 to other grades, shall progress according to the district's 4 pupil progression plan. However, nothing in this section shall 5 authorize the state or any school district to oversee or 6 exercise control over the curricula or academic programs of 7 nonpublic schools. 8 (c) A child who attains the age of 16 years during the 9 school year is shall not subject to compulsory school 10 attendance be required to attend school beyond the date upon 11 which he or she attains that age if the child files a formal 12 declaration of intent to terminate school enrollment with the 13 district school board. The declaration must be signed by the 14 child and the child's parent or legal guardian. A child who 15 attains the age of 18 years during the school year is not 16 subject to compulsory school attendance beyond the date upon 17 which he or she attains that age. 18 (d) Students who become or have become married and 19 students who are pregnant shall not be prohibited from 20 attending school. These students and students who are parents 21 shall receive the same educational instruction or its 22 equivalent as other students, but may voluntarily be assigned 23 to a class or program suited to their special needs. 24 Consistent with s. 230.23166, pregnant or parenting teens 25 shall be entitled to participate in a teenage parent program. 26 Pregnant students may attend alternative education programs or 27 adult education programs, provided that the curriculum allows 28 the student to continue to work toward a high school diploma. 29 (e) Beginning with the 1991-1992 school year and 30 consistent with rules adopted by the state board, children 31 with disabilities who have attained the age of 3 years shall 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1309 289-192A-97 1 be eligible for admission to public special education programs 2 and for related services under rules adopted by the school 3 board. Exceptional children who are deaf or hard of hearing, 4 visually impaired, dual sensory impaired, severely physically 5 handicapped, trainable mentally handicapped, or profoundly 6 handicapped, or who have established conditions, or exhibit 7 developmental delays, below age 3 may be eligible for special 8 programs; or, if enrolled in other prekindergarten or day care 9 programs, they may be eligible for supplemental instruction. 10 Rules for the identification of established conditions for 11 children birth through 2 years of age and developmental delays 12 for children birth through 5 years of age must be adopted by 13 the State Board of Education. 14 (f) Homeless children, as defined in s. 228.041, must 15 have access to a free public education and must be admitted to 16 school in the school district in which they or their families 17 live. School districts shall assist homeless children to meet 18 the requirements of ss. 232.03, 232.0315, and 232.032, as well 19 as local requirements for documentation. 20 Section 4. Section 232.17, Florida Statutes, 1996 21 Supplement, is amended to read: 22 232.17 Enforcement of school attendance Attendance 23 assistants; qualifications; compensation; duties.--Pursuant to 24 procedures established by the district school board, a 25 designated school representative must complete activities 26 designed to determine the cause and attempt the remediation of 27 truant behavior, as provided in this section. Provisions for 28 the employment, qualifications, compensation, and duties of 29 attendance assistants shall be as follows: 30 (1) EMPLOYMENT AND QUALIFICATIONS OF ATTENDANCE 31 ASSISTANTS.--The school board, upon the recommendation of the 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1309 289-192A-97 1 superintendent, may employ and fix the compensation, including 2 reimbursement for travel, of a sufficient number of qualified 3 attendance assistants to guarantee regular attendance at 4 school of all children of the district within compulsory 5 school-age requirements who are not herein exempted from 6 attendance. 7 (2) DUTIES AND RESPONSIBILITIES OF ATTENDANCE 8 ASSISTANTS.--The duties and responsibilities of the attendance 9 assistant shall be exercised under the direction of the 10 superintendent and shall be as follows: 11 (a) Maintain records.--Pupil accounting records, 12 unless maintained by others assigned by the superintendent, 13 shall be kept by attendance assistants. These records shall 14 be on forms approved pursuant to regulations of the state 15 board. 16 (1)(b) INVESTIGATE NONENROLLMENT AND UNEXCUSED 17 ABSENCES.--A designated school representative In accordance 18 with procedure established by the state board, attendance 19 assistants shall investigate cases of nonenrollment and 20 unexcused absences from school of all children subject to 21 compulsory school attendance within the compulsory school age. 22 (2)(c) GIVE WRITTEN NOTICE.--Under the direction of 23 the superintendent, a designated school representative the 24 attendance assistant shall give written notice, either in 25 person or by return-receipt registered mail, to the parent, 26 guardian, or other person having control when no valid reason 27 is found for a child's nonenrollment in school or when the 28 child has a minimum of 3 but fewer than 15 unexcused absences 29 within 90 days, requiring enrollment or attendance within 3 30 days after from the date of notice. If the such notice and 31 requirement are ignored, the designated school representative 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1309 289-192A-97 1 attendance assistant shall report the case to the 2 superintendent, and may refer the case to the case staffing 3 committee, established pursuant to s. 39.426, if the 4 conditions of s. 232.19(3) have been met. The superintendent 5 may take such steps as are necessary to bring criminal 6 prosecution against the parent, guardian, or other person 7 having control. No further written notice of the child's 8 absence from school is required to be given to the parent, 9 guardian, or other person having control unless the child, 10 upon his or her return to school, remains in attendance for 10 11 consecutive days. 12 (3)(d) RETURN CHILD TO PARENT.--A designated school 13 representative The attendance assistant shall visit the home 14 or place of residence of a child and any other place in which 15 he or she is likely to find any child who is required to 16 attend school when such child is not enrolled or is absent 17 from school during school hours without an excuse, and, when 18 the such child is has been found, shall return the child to 19 his or her parent or to the principal or teacher in charge of 20 the school, or to the private tutor from whom absent. 21 (e) Visit home.--The attendance assistant shall visit 22 promptly the home of each child of school age in his or her 23 attendance district not in attendance upon the school, and of 24 any child who should attend the Florida State School for the 25 Deaf and the Blind, and who is reported as not enrolled in 26 that school or as absent without excuse. 27 (4) WRITTEN NOTICE.--If no valid reason is found for 28 such nonenrollment or absence, from such school or schools the 29 designated school representative attendance assistant shall 30 give written notice to the parent, requiring the child's 31 enrollment or attendance as prescribed above. The designated 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1309 289-192A-97 1 school representative attendance assistant shall secure the 2 written approval of the president of the Florida State School 3 for the Deaf and the Blind before he or she directs or 4 requests the parents of any child to take or send such child 5 to that school. Ten days' notice must be given in the case of 6 a child who is ordered sent to that school. On refusal or 7 failure of the parent to meet such requirement, the designated 8 school representative attendance assistant shall report the 9 same to the superintendent, and that official shall proceed to 10 take such action as is prescribed in s. 232.19(2). 11 (5)(f) REPORT TO THE DIVISION OF JOBS AND BENEFITS.--A 12 designated school representative The attendance assistant 13 shall report to the Division of Jobs and Benefits of the 14 Department of Labor and Employment Security or to any person 15 acting in similar capacity who may be designated by law to 16 receive such notices, all violations of the Child Labor Law 17 that may come to his or her knowledge. 18 (6)(g) RIGHT TO INSPECT.--A designated school 19 representative The attendance assistant shall have the same 20 right of access to, and inspection of, establishments where 21 minors may be employed or detained as is given by law to the 22 Division of Jobs and Benefits only for the purpose of 23 ascertaining whether children of compulsory school age are 24 actually employed there and are actually working there 25 regularly. The designated school representative attendance 26 assistant shall, if he or she finds unsatisfactory working 27 conditions or violations of the Child Labor Law, report his or 28 her findings to the Division of Jobs and Benefits or its 29 agents. 30 (7)(h) RECORDS Record of visits.--Each designated 31 school representative who performs duties according to this 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1309 289-192A-97 1 section The attendance assistant shall keep an accurate record 2 of all children returned to schools or homes, of all cases 3 prosecuted, and of all other service performed. A written 4 report of all such activities shall be made quarterly to the 5 school board and shall be filed in the office of the 6 superintendent. If a child repeats a pattern of nonattendance 7 within one school year, the designated school representative 8 shall resume the series of escalating activities at the point 9 at which he or she had previously left off. 10 Section 5. Subsection (3) of section 232.19, Florida 11 Statutes, 1996 Supplement, is amended to read: 12 232.19 Court procedure and penalties.--The court 13 procedure and penalties for the enforcement of the provisions 14 of this chapter, relating to compulsory school attendance, 15 shall be as follows: 16 (3) HABITUAL TRUANCY CASES.--In accordance with 17 procedures established by the district school board, a 18 designated school representative The school social worker, the 19 attendance assistant, or the school superintendent's designee 20 if there is no school social worker or attendance assistant 21 shall refer a student who is habitually truant and the 22 student's family to the children-in-need-of-services and 23 families-in-need-of-services provider or the case staffing 24 committee, established pursuant to s. 39.426, as determined by 25 the cooperative agreement required in this section. The case 26 staffing committee may request the Department of Juvenile 27 Justice or its designee to file a child-in-need-of-services 28 petition based upon the report and efforts of the school 29 district or other community agency or may seek to resolve the 30 truancy behavior through the school or community-based 31 organizations or agencies. Prior to and subsequent to the 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1309 289-192A-97 1 filing of a child-in-need-of-services petition due to habitual 2 truancy, the appropriate governmental agencies must allow a 3 reasonable time to complete actions required by this 4 subsection to remedy the conditions leading to the truant 5 behavior. The following criteria must be met and documented in 6 writing prior to the filing of a petition: 7 (a) The child must have 15 unexcused absences within 8 90 days with or without the knowledge or consent of the 9 child's parent or legal guardian, must be subject to 10 compulsory school attendance, and must not be exempt under and 11 must not be exempt from attendance by virtue of being over the 12 age of compulsory school attendance or by meeting the criteria 13 in s. 232.06, s. 232.09, or any other exemption specified by 14 law or the rules of the State Board of Education. 15 (b) In addition to the actions described in s. 232.17, 16 the school administration must have completed the following 17 activities to determine the cause, and to attempt the 18 remediation, of the child's truant behavior: 19 1. After a minimum of 3 and prior to 15 unexcused 20 absences within 90 days, one or more meetings must have been 21 held, either in person or by phone, between a school 22 attendance assistant or school social worker, the child's 23 parent or guardian, and the child, if necessary, to report and 24 to attempt to solve the truancy problem. However, if the 25 designated school representative school attendance assistant 26 or school social worker has documented the refusal of the 27 parent or guardian to participate in the meetings, this 28 requirement has been met. 29 2. Educational counseling must have been provided to 30 determine whether curriculum changes would help solve the 31 truancy problem, and, if any changes were indicated, such 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1309 289-192A-97 1 changes must have been instituted but proved unsuccessful in 2 remedying the truant behavior. Such curriculum changes may 3 include enrollment of the child in an alternative education 4 program that meets the specific educational and behavioral 5 needs of the child, including a second chance school, as 6 provided for in s. 230.2316, designed to resolve truant 7 behavior. 8 3. Educational evaluation, which may include 9 psychological evaluation, must have been provided to assist in 10 determining the specific condition, if any, that is 11 contributing to the child's nonattendance. The evaluation 12 must have been supplemented by specific efforts by the school 13 to remedy any diagnosed condition. 14 15 If a child who is subject to within the compulsory school 16 attendance age is responsive to the interventions described in 17 this paragraph and has completed the necessary requirements to 18 pass the current grade as indicated in the district pupil 19 progression plan, the child shall be passed. 20 (c) The district manager of the Department of Juvenile 21 Justice or the district manager's designee and the 22 superintendent of the local school district or the 23 superintendent's designee must have developed a cooperative 24 interagency agreement which clearly defines each department's 25 role, responsibility, and function in working with habitual 26 truants and their families. The interagency agreement shall 27 specify that the participants address issues of streamlining 28 service delivery, the appropriateness of legal intervention, 29 case management, the role and responsibility of the case 30 staffing committee, student and parental intervention and 31 involvement, and community action plans. The interagency 15 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1309 289-192A-97 1 agreement shall delineate timeframes for implementation and 2 identify a mechanism for reporting results by the district 3 juvenile justice manager or the district manager's designee 4 and the superintendent of schools or the superintendent's 5 designee to the Department of Juvenile Justice and the 6 Department of Education and other governmental entities as 7 needed. The cooperative agreement may designate which agency 8 shall be responsible for the intervention steps in s. 9 39.01(73), or this section, if such designation shall yield 10 more effective and efficient intervention services. 11 Section 6. This act shall take effect July 1, 1997. 12 13 ***************************************** 14 HOUSE SUMMARY 15 Revises provisions relating to habitual truancy of 16 pupils. Requires children between the ages of 16 and 18 to file a formal declaration in order to be exempt from 17 compulsory school attendance laws. Revises procedures related to the handling of habitual truants. See bill for 18 details. 19 20 21 22 23 24 25 26 27 28 29 30 31 16