CODING: Words stricken are deletions; words underlined are additions.House Bill 1309e1
CS/HBs 1309, 1143, 847, 697, 1391 & 203, First
Engrossed/C
1
A bill to be entitled
2
An act relating to student discipline and
3
school safety; amending s. 232.09, F.S.;
4
revising provisions relating to student
5
attendance responsibility and policy; creating
6
s. 232.0205, F.S.; requiring certain disclosure
7
at school registration and providing penalties
8
for willful nondisclosure; amending s. 232.01,
9
F.S.; revising compulsory school attendance
10
requirements to require children over age 16 to
11
file a formal declaration of intent to
12
terminate school enrollment in order to be
13
exempt from compulsory school attendance
14
requirements; amending s. 39.01, F.S.; revising
15
provisions regarding habitual truancy; amending
16
s. 228.041, F.S.; revising the definitions of
17
the terms "habitual truant" and "dropout";
18
amending s. 232.2462, F.S.; conforming
19
provisions; amending s. 414.125, F.S.;
20
providing Learnfare program requirements;
21
amending s. 232.17, F.S.; revising procedures
22
relating to enforcement of school attendance;
23
amending s. 232.19, F.S.; revising penalties
24
and court procedures relating to habitual
25
truancy; requiring each public school principal
26
to notify the district school board of students
27
who accumulate a specified number of unexcused
28
absences; authorizing the governing body of a
29
private school to provide such information to
30
the Department of Education; requiring that the
31
Department of Highway Safety and Motor Vehicles
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withhold issuance of or suspend the driver's
2
license or learner's driver's license of a
3
student who fails to satisfy school attendance
4
requirements; requiring the Department of
5
Juvenile Justice, the Department of Children
6
and Family Services, and the school districts
7
to develop cooperative agreements for working
8
with habitual truants and their families;
9
providing for court-ordered parent training
10
classes and providing penalties for termination
11
of an employee required to attend such classes,
12
under certain circumstances; authorizing the
13
court to impose civil penalties on, or require
14
participation in community service or
15
counseling by, the child; amending s. 232.195,
16
F.S., relating to truancy activities upon
17
transfer of student, to conform; creating s.
18
232.197, F.S.; requiring notification to a
19
school of court action directly involving the
20
school; amending s. 232.2452, F.S.; revising
21
requirements relating to student report cards;
22
amending s. 232.25, F.S., relating to pupils
23
subject to control of school; providing for a
24
school child's daily conduct pledge; amending
25
s. 322.05, F.S., relating to the issuance of
26
driver's licenses; conforming provisions to
27
changes made by the act; amending s. 322.09,
28
F.S.; prohibiting the Department of Highway
29
Safety and Motor Vehicles from issuing a
30
driver's license or restricted license to a
31
person under a specified age who does not meet
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requirements for school attendance and is not
2
otherwise exempt from such requirements;
3
creating s. 322.091, F.S.; providing that a
4
minor is not eligible for driving privileges
5
unless the minor is enrolled in school or a
6
home education program, has received a high
7
school diploma or certificate, is enrolled in
8
certain other educational activities, or
9
obtains a certificate of exemption or hardship
10
waiver; requiring the Department of Highway
11
Safety and Motor Vehicles to notify a minor
12
before the department suspends the minor's
13
driving privileges because of noncompliance
14
with school attendance requirements; providing
15
for a hardship waiver; providing for a hearing
16
before the public school principal or the
17
designee of the governing body of a private
18
school; providing for the department to
19
reinstate a minor's driving privileges
20
following compliance with school attendance
21
requirements for a specified period; requiring
22
the department to report to school districts on
23
students whose driving privileges are
24
suspended; amending s. 39.015, F.S., relating
25
to rulemaking regarding habitual truants, to
26
conform to the act; amending s. 230.2316, F.S.,
27
relating to dropout prevention; providing that
28
second chance schools may include residential
29
academies; providing criteria for
30
establishment, operation, and funding of
31
residential academies; providing criteria for
3
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participation; requiring parents and legal
2
guardians of students assigned to programs
3
funded by the dropout prevention program to
4
comply with the requirements of the assignment
5
and providing penalties; amending s. 39.085,
6
F.S.; revising provisions relating to the
7
Alternative Education Institute, to convert its
8
mission and procedures and clarify its
9
membership and duties; creating s. 230.235,
10
F.S.; requiring school districts to adopt a
11
policy of zero tolerance for crime, including
12
criminal substance abuse violations; amending
13
s. 232.277, F.S.; requiring reporting and
14
notification of student substance abuse;
15
amending s. 790.115, F.S.; expanding offenses
16
that are punishable as possessing or
17
discharging weapons or firearms on school
18
property and providing a qualifier to an
19
exception from such offense; amending s.
20
230.23015, F.S.; clarifying provisions relating
21
to students who commit assault or battery on
22
school personnel; repealing s. 322.0601, F.S.,
23
relating to driver's licenses for minors;
24
providing effective dates.
25
26
WHEREAS, the primary focus of the 1997 Legislature is
27
education, and
28
WHEREAS, in the first month of the 1997 session, the
29
Legislature has passed two major components of its education
30
agenda, the first of which raises student academic standards
31
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across the board and the second of which provides for
2
better-educated and better-prepared teachers, and
3
WHEREAS, a third major component of the 1997
4
legislative education agenda is student discipline and school
5
safety, and
6
WHEREAS, it is the intent of the Legislature to raise
7
the standards of student discipline and school safety as
8
dramatically as it has raised student academic and teacher
9
certification standards, NOW, THEREFORE,
10
11
Be It Enacted by the Legislature of the State of Florida:
12
13
Section 1. Section 232.09, Florida Statutes, is
14
amended to read:
15
232.09 Parents and legal guardians responsible for
16
attendance of children; attendance policy.--
17
(1) The Legislature finds:
18
(a) It is essential that our children receive an
19
education.
20
(b) Failure to attend school in a regular and timely
21
fashion hinders the education process.
22
(c) Truancy and poor school performance have a direct
23
relationship to juvenile delinquency and destructive behavior.
24
(d) A disproportionate percentage of juvenile crime
25
occurs when juveniles should be in school.
26
(e) Parents and guardians must be responsible, within
27
reason, for sending their children to school.
28
(f) If a juvenile refuses to attend school or a parent
29
or guardian refuses to compel the child to attend school,
30
there must exist an efficient and expedient process to enforce
31
attendance laws.
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(2) Each parent and legal guardian of a child within
2
the compulsory attendance age is shall be responsible for the
3
such child's school attendance as required by law. The
4
absence of a child from school is shall be prima facie
5
evidence of a violation of this section; however, no criminal
6
prosecution may not shall be brought against a parent,
7
guardian, or other person having control of the child until
8
the provisions of s. 232.17(2)(c) have been complied with. A
9
No parent or guardian of a child is not shall be held
10
responsible for the such child's nonattendance at school under
11
any of the following conditions:
12
(a)(1) With permission.--The absence was with
13
permission of the head of the school; or
14
(b)(2) Without knowledge.--The absence was without the
15
parent's knowledge, consent, or connivance, in which case the
16
child shall be dealt with as a dependent child; or
17
(c)(3) Financial inability.--The parent was unable
18
financially to provide necessary clothes for the child, which
19
inability was reported in writing to the superintendent prior
20
to the opening of school or immediately after the beginning of
21
such inability; provided, that the validity of any claim for
22
exemption under this subsection shall be determined by the
23
superintendent subject to appeal to the school board; or
24
(d)(4) Sickness, injury, or other insurmountable
25
condition.--Attendance was impracticable or inadvisable on
26
account of sickness or injury, attested to by a written
27
statement of a licensed practicing physician, or was
28
impracticable because of some other stated insurmountable
29
condition as defined by regulations of the state board. If a
30
student is continually sick and repeatedly absent from school,
31
he or she must be under the supervision of a physician in
6
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order to receive an excuse from attendance. Such excuse
2
provides that a student's condition justifies absence for more
3
than the number of days permitted by the district school
4
board.
5
6
Each district school board shall establish an attendance
7
policy which includes, but is not limited to, the required
8
number of days each school year that a student must be in
9
attendance and the number of absences and tardinesses after
10
which a statement explaining such absences and tardinesses
11
must be on file at the school. Each school in the district
12
must determine if an absence or tardiness is excused or
13
unexcused according to criteria established by the district
14
school board.
15
Section 2. Section 232.0205, Florida Statutes, is
16
created to read:
17
232.0205 Disclosure at school registration.--According
18
to procedures established by the district school board, each
19
student at the time of initial registration for school in a
20
school district shall fully disclose all previous school
21
expulsions, arrests resulting in a charge, and juvenile
22
justice actions the student has had. Willful failure to make
23
the full disclosure required by this section is a noncriminal
24
violation subject to a fine of up to $50, based on the
25
student's ability to pay.
26
Section 3. Paragraph (c) of subsection (1) of section
27
232.01, Florida Statutes, is amended to read:
28
232.01 Regular school attendance required between ages
29
of 6 and 16; permitted at age of 5; exceptions.--
30
(1)
31
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(c) A child who attains the age of 16 years during the
2
school year is shall not subject to compulsory school
3
attendance be required to attend school beyond the date upon
4
which he or she attains that age if the child files a formal
5
declaration of intent to terminate school enrollment with the
6
district school board. The declaration must aknowledge that
7
terminating school enrollment is likely to reduce the
8
student's earning potential and must be signed by the child
9
and the child's parent or legal guardian. A child who attains
10
the age of 18 years during the school year is not subject to
11
compulsory school attendance beyond the date upon which he or
12
she attains that age.
13
Section 4. Paragraph (b) of subsection (12) and
14
subsection (73) of section 39.01, Florida Statutes, 1996
15
Supplement, are amended to read:
16
39.01 Definitions.--When used in this chapter:
17
(12) "Child in need of services" means a child for
18
whom there is no pending investigation into an allegation or
19
suspicion of abuse, neglect, or abandonment; no pending
20
referral alleging the child is delinquent; or no current
21
supervision by the Department of Juvenile Justice or the
22
Department of Health and Rehabilitative Services for an
23
adjudication of dependency or delinquency. The child must
24
also, pursuant to this chapter, be found by the court:
25
(b) To be habitually truant from school, while subject
26
to compulsory school attendance, despite reasonable efforts to
27
remedy the situation pursuant to ss. 232.17 and 232.19 s.
28
232.19 and through voluntary participation by the child's
29
parents or legal custodians and by the child in family
30
mediation, services, and treatment offered by the Department
31
8
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of Juvenile Justice or the Department of Health and
2
Rehabilitative Services; or
3
(73) "To be habitually truant" means that:
4
(a) The child has 15 unexcused absences within 90
5
calendar days with or without the knowledge or justifiable
6
consent of the child's parent or legal guardian, is subject to
7
compulsory school attendance under s. 232.01, and is not
8
exempt under from attendance by virtue of being over the age
9
of compulsory school attendance or by meeting the criteria in
10
s. 232.06, s. 232.09, or any other exemptions specified by law
11
or the rules of the State Board of Education.;
12
(b) In addition to the actions described in s. 232.17,
13
the school administration has completed the following
14
Escalating activities to determine the cause, and to attempt
15
the remediation, of the child's truant behavior under ss.
16
232.17 and 232.19 have been completed.:
17
1. After a minimum of 3 and prior to 15 unexcused
18
absences within 90 days, one or more meetings have been held,
19
either in person or by phone, between a school attendance
20
assistant or school social worker, the child's parent or
21
guardian, and the child, if necessary, to report and to
22
attempt to solve the truancy problem. However, if the school
23
attendance assistant or school social worker has documented
24
the refusal of the parent or guardian to participate in the
25
meetings, then this requirement has been met;
26
2. Educational counseling has been provided to
27
determine whether curriculum changes would help solve the
28
truancy problem, and, if any changes were indicated, such
29
changes were instituted but proved unsuccessful in remedying
30
the truant behavior. Such curriculum changes may include
31
enrollment of the child in an alternative education program
9
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that meets the specific educational and behavioral needs of
2
the child, including a second chance school, as provided for
3
in s. 230.2316, designed to resolve truant behavior;
4
3. Educational evaluation, pursuant to the
5
requirements of s. 232.19(3)(b)3., has been provided; and
6
4. The school social worker, the attendance assistant,
7
or the school superintendent's designee if there is no school
8
social worker or attendance assistant has referred the student
9
and family to the children-in-need-of-services and
10
families-in-need-of-services provider or the case staffing
11
committee, established pursuant to s. 39.426, as determined by
12
the cooperative agreement required in s. 232.19(3). The case
13
staffing committee may request the department or its designee
14
to file a child-in-need-of-services petition based upon the
15
report and efforts of the school district or other community
16
agency or may seek to resolve the truancy behavior through the
17
school or community-based organizations or agencies.
18
19
If a child who is subject to within the compulsory school
20
attendance age is responsive to the interventions described in
21
ss. 232.17 and 232.19 this paragraph and has completed the
22
necessary requirements to pass the current grade as indicated
23
in the district pupil progression plan, the child shall not be
24
determined to be habitually truant and shall be passed. If a
25
child within the compulsory school attendance age has 15
26
unexcused absences within 90 calendar days or fails to enroll
27
in school, the State Attorney may file a
28
child-in-need-of-services petition. Prior to filing a
29
petition, the child must be referred to the appropriate agency
30
for evaluation. After consulting with the evaluating agency,
31
10
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the State Attorney may elect to file a
2
child-in-need-of-services petition.
3
(c) A school representative, designated according to
4
school board policy school social worker or other person
5
designated by the school administration, if the school does
6
not have a school social worker, and an intake counselor or
7
case manager of the Department of Juvenile Justice have
8
jointly investigated the truancy problem or, if that was not
9
feasible, have performed separate investigations to identify
10
conditions which may be contributing to the truant behavior;
11
and if, after a joint staffing of the case to determine the
12
necessity for services, such services were determined to be
13
needed, the persons who performed the investigations met
14
jointly with the family and child to discuss any referral to
15
appropriate community agencies for economic services, family
16
or individual counseling, or other services required to remedy
17
the conditions that are contributing to the truant behavior.;
18
and
19
(d) The failure or refusal of the parent or legal
20
guardian or the child to participate, or make a good faith
21
effort to participate, in the activities prescribed to remedy
22
the truant behavior, or the failure or refusal of the child to
23
return to school after participation in activities required by
24
this subsection, or the failure of the child to stop the
25
truant behavior after the school administration and the
26
Department of Juvenile Justice have worked with the child as
27
described in s. 232.19(3) shall be handled as prescribed in s.
28
232.19.
29
Section 5. Subsections (28) and (29) of section
30
228.041, Florida Statutes, 1996 Supplement, are amended to
31
read:
11
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228.041 Definitions.--Specific definitions shall be as
2
follows, and wherever such defined words or terms are used in
3
the Florida School Code, they shall be used as follows:
4
(28) HABITUAL TRUANT.--A habitual truant is a student
5
who has 15 unexcused absences within 90 calendar days with or
6
without the knowledge or consent of the student's parent or
7
legal guardian, is subject to compulsory school attendance
8
under s. 232.01, and is not exempt under and who is not exempt
9
from attendance by virtue of being over the age of compulsory
10
school attendance, by meeting the criteria in s. 232.06 or s.
11
232.09, or by meeting the criteria for any other exemption
12
specified by law or rules of the State Board of Education.
13
Such a student must have been the subject of the activities
14
specified in ss. 232.17 and 232.19, without resultant
15
successful remediation of the truancy problem before being
16
dealt with as a child in need of services according to the
17
provisions of chapter 39.
18
(29) DROPOUT.--A dropout is a student not subject to
19
over the age of compulsory school attendance, as defined in s.
20
232.01, who meets any one or more of the following criteria:
21
(a) The student has voluntarily removed himself or
22
herself from the school system before graduation for reasons
23
that include, but are not limited to, marriage or entrance
24
into the military, or the student has withdrawn from school
25
because he or she has failed the statewide student assessment
26
test and thereby does not receive any of the certificates of
27
completion;
28
(b) The student has not met the relevant attendance
29
requirements of the school district pursuant to State Board of
30
Education rules, or the student was expected to attend a
31
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school but did not enter as expected for unknown reasons, or
2
the student's whereabouts are unknown;
3
(c) The student has withdrawn from school, but has not
4
transferred to another public or private school or enrolled in
5
any vocational, adult, or alternative educational program;
6
(d) The student has withdrawn from school due to
7
hardship, unless such withdrawal has been granted under the
8
provisions of s. 322.0601, court action, expulsion, medical
9
reasons, or pregnancy; or
10
(e) The student is not eligible to attend school
11
because of reaching the maximum age for an exceptional student
12
program in accordance with the district's policy.
13
14
Students not exempt from attendance pursuant to s. 232.06 and
15
who are subject to under the age of compulsory school
16
attendance under s. 232.01 and who stop attending school are
17
shall be known as habitual truants as defined in subsection
18
(28) and are not to be considered dropouts. The State Board
19
of Education may adopt rules to implement the provisions of
20
this subsection.
21
Section 6. Subsection (2) of section 232.2462, Florida
22
Statutes, is amended to read:
23
232.2462 Attendance requirement for receipt of high
24
school credit; definition of "credit".--
25
(2) A student may not be awarded a credit if he or she
26
has not been in for instruction for a minimum of 135 hours
27
unless he or she has demonstrated mastery of the student
28
performance standards in the course of study as provided by
29
rules of the district school board. Excused absences as
30
determined by the district school board and as carried out by
31
the secondary school principal shall not be counted against
13
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the 135-hour minimum requirement. Criteria for determining
2
excused absences shall be as provided in s. 232.022, s.
3
232.0225, absence for religious instruction, or a religious
4
holiday, and s. 232.09(2)(d)(4), absence due to sickness,
5
injury, or other insurmountable condition, and absence due to
6
participation in an academic class or program. Missed work
7
shall be made up, as provided in the pupil progression plan
8
established by the district school board by rule, for all
9
excused absences. The difference between the 135-hour minimum
10
requirement and the 150-hour definition of full credit
11
established in this section may at the discretion of the
12
secondary school principal be used for noninstructional
13
extracurricular activities unless otherwise provided by
14
district school board rule. In credit programs operated in the
15
period beyond 180 school days, each full-credit course must be
16
established for a minimum of 120 hours.
17
Section 7. Subsection (2) of section 414.125, Florida
18
Statutes, 1996 Supplement, is amended to read:
19
414.125 Learnfare program.--
20
(2) Each recipient with a school-age child is required
21
to have a conference with an appropriate school official of
22
the child's school during each grading period to assure that
23
the recipient is involved in the child's educational progress
24
and is aware of any existing attendance or academic problems.
25
The conference must address acceptable student attendance,
26
grades, and behavior and must be documented by the school and
27
reported to the department. The department shall notify a
28
school of any student in attendance at that school who is a
29
participant in the Learnfare program in order that the
30
required conferences are held.
31
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Section 8. Section 232.17, Florida Statutes, 1996
2
Supplement, is amended to read:
3
232.17 Enforcement of school attendance Attendance
4
assistants; qualifications; compensation; duties.--Pursuant to
5
procedures established by the district school board, a
6
designated school representative must complete activities
7
designed to determine the cause and attempt the remediation of
8
truant behavior, as provided in this section. Provisions for
9
the employment, qualifications, compensation, and duties of
10
attendance assistants shall be as follows:
11
(1) EMPLOYMENT AND QUALIFICATIONS OF ATTENDANCE
12
ASSISTANTS.--The school board, upon the recommendation of the
13
superintendent, may employ and fix the compensation, including
14
reimbursement for travel, of a sufficient number of qualified
15
attendance assistants to guarantee regular attendance at
16
school of all children of the district within compulsory
17
school-age requirements who are not herein exempted from
18
attendance.
19
(2) DUTIES AND RESPONSIBILITIES OF ATTENDANCE
20
ASSISTANTS.--The duties and responsibilities of the attendance
21
assistant shall be exercised under the direction of the
22
superintendent and shall be as follows:
23
(a) Maintain records.--Pupil accounting records,
24
unless maintained by others assigned by the superintendent,
25
shall be kept by attendance assistants. These records shall
26
be on forms approved pursuant to regulations of the state
27
board.
28
(1)(b) INVESTIGATE NONENROLLMENT AND UNEXCUSED
29
ABSENCES.--A designated school representative In accordance
30
with procedure established by the state board, attendance
31
assistants shall investigate cases of nonenrollment and
15
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unexcused absences from school of all children subject to
2
compulsory school attendance within the compulsory school age.
3
(2)(c) GIVE WRITTEN NOTICE.--Under the direction of
4
the superintendent, a designated school representative the
5
attendance assistant shall give written notice, either in
6
person or by return-receipt registered mail, to the parent,
7
guardian, or other person having control when no valid reason
8
is found for a child's nonenrollment in school or when the
9
child has a minimum of 3 but fewer than 6 15 unexcused
10
absences within 90 calendar days, requiring enrollment or
11
attendance within 3 days after from the date of notice. If
12
the such notice and requirement are ignored, the designated
13
school representative attendance assistant shall report the
14
case to the superintendent, and may refer the case to the case
15
staffing committee, established pursuant to s. 39.426, if the
16
conditions of s. 232.19(3) have been met. The superintendent
17
may take such steps as are necessary to bring criminal
18
prosecution against the parent, guardian, or other person
19
having control. No further written notice of the child's
20
absence from school is required to be given to the parent,
21
guardian, or other person having control unless the child,
22
upon his or her return to school, remains in attendance for 10
23
consecutive days.
24
(3)(d) RETURN CHILD TO PARENT.--A designated school
25
representative The attendance assistant shall visit the home
26
or place of residence of a child and any other place in which
27
he or she is likely to find any child who is required to
28
attend school when such child is not enrolled or is absent
29
from school during school hours without an excuse, and, when
30
the such child is has been found, shall return the child to
31
16
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203, First
Engrossed/C
1
his or her parent or to the principal or teacher in charge of
2
the school, or to the private tutor from whom absent.
3
(e) Visit home.--The attendance assistant shall visit
4
promptly the home of each child of school age in his or her
5
attendance district not in attendance upon the school, and of
6
any child who should attend the Florida State School for the
7
Deaf and the Blind, and who is reported as not enrolled in
8
that school or as absent without excuse.
9
(4) WRITTEN NOTICE.--If no valid reason is found for
10
such nonenrollment or absence, from such school or schools the
11
designated school representative attendance assistant shall
12
give written notice to the parent, requiring the child's
13
enrollment or attendance as prescribed above. The designated
14
school representative attendance assistant shall secure the
15
written approval of the president of the Florida State School
16
for the Deaf and the Blind before he or she directs or
17
requests the parents of any child to take or send such child
18
to that school. Ten days' notice must be given in the case of
19
a child who is ordered sent to that school. On refusal or
20
failure of the parent to meet such requirement, the designated
21
school representative attendance assistant shall report the
22
same to the superintendent, and that official shall proceed to
23
take such action as is prescribed in s. 232.19(2).
24
(5)(f) REPORT TO THE DIVISION OF JOBS AND BENEFITS.--A
25
designated school representative The attendance assistant
26
shall report to the Division of Jobs and Benefits of the
27
Department of Labor and Employment Security or to any person
28
acting in similar capacity who may be designated by law to
29
receive such notices, all violations of the Child Labor Law
30
that may come to his or her knowledge.
31
17
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203, First
Engrossed/C
1
(6)(g) RIGHT TO INSPECT.--A designated school
2
representative The attendance assistant shall have the same
3
right of access to, and inspection of, establishments where
4
minors may be employed or detained as is given by law to the
5
Division of Jobs and Benefits only for the purpose of
6
ascertaining whether children of compulsory school age are
7
actually employed there and are actually working there
8
regularly. The designated school representative attendance
9
assistant shall, if he or she finds unsatisfactory working
10
conditions or violations of the Child Labor Law, report his or
11
her findings to the Division of Jobs and Benefits or its
12
agents.
13
(7)(h) RECORDS Record of visits.--Each designated
14
school representative who performs duties according to this
15
section The attendance assistant shall keep an accurate record
16
of all children returned to schools or homes, of all cases
17
prosecuted, and of all other service performed. A written
18
report of all such activities shall be made quarterly to the
19
school board and shall be filed in the office of the
20
superintendent. If a child repeats a pattern of nonattendance
21
within one school year, the designated school representative
22
shall resume the series of escalating activities at the point
23
at which he or she had previously left off.
24
Section 9. Section 232.19, Florida Statutes, 1996
25
Supplement, is amended to read:
26
232.19 Court procedure and penalties.--The court
27
procedure and penalties for the enforcement of the provisions
28
of this chapter, relating to compulsory school attendance,
29
shall be as follows:
30
(1) COURT JURISDICTION.--The circuit court has
31
original and exclusive jurisdiction of all proceedings
18
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203, First
Engrossed/C
1
against, or prosecutions of, children under the provisions of
2
this chapter. Proceedings against, or prosecutions of, parents
3
or employers as provided by this section shall be in the court
4
of each county having jurisdiction of misdemeanors wherein
5
trial by jury is afforded the defendant.
6
(2) NONENROLLMENT AND NONATTENDANCE CASES.--
7
(a) In each case of nonenrollment or of nonattendance
8
upon the part of a child who is required to attend some
9
school, when no valid reason for such nonenrollment or
10
nonattendance is found, the superintendent shall institute a
11
criminal prosecution against the child's parent.
12
(b) Each public school principal or the principal's
13
designee shall notify the district school board of each minor
14
under its jurisdiction who accumulates 15 unexcused absences
15
in a period of 90 calendar days. Each designee of the
16
governing body of each private school, and each parent whose
17
child is enrolled in a home education program, may provide the
18
Department of Highway Safety and Motor Vehicles with the legal
19
name, sex, date of birth, and social security number of each
20
minor under his or her jurisdiction who fails to satisfy
21
relevant attendance requirements and who fails to otherwise
22
satisfy the requirements of s. 322.091. The superintendent
23
must provide the Department of Highway Safety and Motor
24
Vehicles the legal name, sex, date of birth, and social
25
security number of each minor who has been reported under this
26
paragraph and who fails to otherwise satisfy the requirements
27
of s. 322.091. The Department of Highway Safety and Motor
28
Vehicles may not issue a driver's license or learner's
29
driver's license to, and shall suspend any previously issued
30
driver's license or learner's driver's license of, any such
31
minor, pursuant to the provisions of section 322.091.
19
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203, First
Engrossed/C
1
(3) HABITUAL TRUANCY CASES.--In accordance with
2
procedures established by the district school board, the
3
designated school representative The school social worker, the
4
attendance assistant, or the school superintendent's designee
5
if there is no school social worker or attendance assistant
6
shall refer a student who is habitually truant and the
7
student's family to the children-in-need-of-services and
8
families-in-need-of-services provider or the case staffing
9
committee, established pursuant to s. 39.426, as determined by
10
the cooperative agreement required in this section. The case
11
staffing committee may request the Department of Juvenile
12
Justice or its designee to file a child-in-need-of-services
13
petition based upon the report and efforts of the school
14
district or other community agency or may seek to resolve the
15
truancy behavior through the school or community-based
16
organizations or agencies. Prior to and subsequent to the
17
filing of a child-in-need-of-services petition due to habitual
18
truancy, the appropriate governmental agencies must allow a
19
reasonable time to complete actions required by this
20
subsection to remedy the conditions leading to the truant
21
behavior. The following criteria must be met and documented in
22
writing prior to the filing of a petition:
23
(a) The child must have 15 unexcused absences within
24
90 calendar days with or without the knowledge or consent of
25
the child's parent or legal guardian, must be subject to
26
compulsory school attendance, and must not be exempt under and
27
must not be exempt from attendance by virtue of being over the
28
age of compulsory school attendance or by meeting the criteria
29
in s. 232.06, s. 232.09, or any other exemption specified by
30
law or the rules of the State Board of Education.
31
20
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203, First
Engrossed/C
1
(b) In addition to the actions described in s. 232.17,
2
the school administration must have completed the following
3
activities to determine the cause, and to attempt the
4
remediation, of the child's truant behavior:
5
1. After a minimum of 3 and prior to 6 15 unexcused
6
absences within 90 calendar days, one or more meetings must
7
have been held, either in person or by phone, between a
8
designated school representative school attendance assistant
9
or school social worker, the child's parent or guardian, and
10
the child, if necessary, to report and to attempt to solve the
11
truancy problem. However, if the designated school
12
representative school attendance assistant or school social
13
worker has documented the refusal of the parent or guardian to
14
participate in the meetings, this requirement has been met.
15
2. Educational counseling must have been provided to
16
determine whether curriculum changes would help solve the
17
truancy problem, and, if any changes were indicated, such
18
changes must have been instituted but proved unsuccessful in
19
remedying the truant behavior. Such curriculum changes may
20
include enrollment of the child in an alternative education
21
program that meets the specific educational and behavioral
22
needs of the child, including a second chance school, as
23
provided for in s. 230.2316, designed to resolve truant
24
behavior.
25
3. Educational evaluation, which may include
26
psychological evaluation, must have been provided to assist in
27
determining the specific condition, if any, that is
28
contributing to the child's nonattendance. The evaluation
29
must have been supplemented by specific efforts by the school
30
to remedy any diagnosed condition.
31
21
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203, First
Engrossed/C
1
If a child who is subject to within the compulsory school
2
attendance age is responsive to the interventions described in
3
this paragraph and has completed the necessary requirements to
4
pass the current grade as indicated in the district pupil
5
progression plan, the child shall be passed.
6
(4) COOPERATIVE AGREEMENTS.--
7
(c) The district manager of the Department of Juvenile
8
Justice or the district manager's designee, the district
9
administrator of the Department of Children and Family
10
Services or the district administrator's designee, and the
11
superintendent of the local school district or the
12
superintendent's designee must develop have developed a
13
cooperative interagency agreement that: which
14
(a) Clearly defines each department's role,
15
responsibility, and function in working with habitual truants
16
and their families.
17
(b) Identifies and implements measures to resolve and
18
reduce truant behavior. The interagency agreement shall
19
specify that the participants
20
(c) Addresses address issues of streamlining service
21
delivery, the appropriateness of legal intervention, case
22
management, the role and responsibility of the case staffing
23
committee, student and parental intervention and involvement,
24
and community action plans. The interagency agreement shall
25
(d) Delineates delineate timeframes for implementation
26
and identifies identify a mechanism for reporting results by
27
the district juvenile justice manager or the district
28
manager's designee and the superintendent of schools or the
29
superintendent's designee to the Department of Juvenile
30
Justice and the Department of Education and other governmental
31
entities as needed. The cooperative agreement may designate
22
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203, First
Engrossed/C
1
(e) Designates which agency is shall be responsible
2
for each of the intervention steps in s. 39.01(73), or this
3
section, to if such designation shall yield more effective and
4
efficient intervention services.
5
(5)(4) ATTENDANCE REGISTER AS EVIDENCE.--The register
6
of attendance of pupils at a public, parochial,
7
denominational, or private school, or of pupils taught by a
8
private tutor, kept in compliance with rules and regulations
9
of the state board is prima facie evidence of the facts which
10
it is required to show. A certified copy of any rule or
11
regulation and a statement of the date of its adoption and
12
promulgation by the state board is admissible as prima facie
13
evidence of the provisions of the such rule or regulation and
14
of the date of its adoption or promulgation.
15
(6)(5) PROCEEDINGS AND PROSECUTIONS; WHO MAY
16
BEGIN.--Proceedings or prosecutions under the provisions of
17
this chapter may be commenced begun by the superintendent, by
18
a designated school representative an attendance assistant, by
19
the probation officer of the county, by the executive officer
20
of any court of competent jurisdiction, or by an officer of
21
any court of competent jurisdiction, or by a duly authorized
22
agent of the Department of Education or the Department of
23
Juvenile Justice. If a proceeding has been commenced against
24
both a parent or legal guardian and a child pursuant to this
25
chapter, the presiding courts shall make every effort to
26
coordinate sanctions against the child and parent or legal
27
guardian, including ordering the child and parent or legal
28
guardian to perform community service hours or attend
29
counseling together.
30
31
23
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203, First
Engrossed/C
1
(7)(6) PENALTIES.--The penalties for refusing or
2
failing to comply with the provisions of this chapter shall be
3
as follows:
4
(a) The parent or legal guardian.--
5
1. A parent or legal guardian who refuses or fails to
6
have a child who is under his or her control attend school
7
regularly, or who refuses or fails to comply with the
8
requirements in subsection (3), commits is guilty of a
9
misdemeanor of the second degree, punishable as provided in s.
10
775.082 or s. 775.083 by law.
11
2. The continued or habitual absence of a child
12
without the consent of the principal or teacher in charge of
13
the school he or she attends or should attend, or of the tutor
14
who instructs or should instruct him or her, is prima facie
15
evidence of a violation of this chapter; however, a showing
16
the court of the appropriate jurisdiction, upon finding that
17
the parent or legal guardian has made a bona fide and diligent
18
effort to control and keep the child in school, shall be an
19
affirmative defense to excuse the parent from any criminal or
20
other liability under this subsection prescribed herein and
21
the court shall refer the parent or legal guardian and child
22
for counseling, guidance, or other needed services.
23
3. In addition to any other punishment, the court
24
shall order a parent or legal guardian who has violated this
25
section to send the child to school, and may also order the
26
parent or legal guardian to participate in an approved parent
27
training class, attend school with the child, perform
28
community service hours at the school, or participate in
29
counseling or other services, as appropriate. If a parent or
30
legal guardian is ordered to attend school with a child, the
31
school shall provide for programming to educate the parent or
24
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203, First
Engrossed/C
1
legal guardian and child on the importance of school
2
attendance. It shall be unlawful to terminate any employee
3
solely because he or she is attending school with his or her
4
child pursuant to a court order.
5
(b) The principal or teacher.--A principal or teacher
6
in any charge of a school, public, parochial, denominational,
7
or private school, or a private tutor who willfully violates
8
any provision of this chapter may, upon satisfactory proof of
9
such violation, have his or her certificate revoked by the
10
Department of Education.
11
(c) The employer.--
12
1. An employer who fails to notify the superintendent
13
when he or she ceases to employ a child commits is guilty of a
14
misdemeanor of the second degree, punishable as provided in s.
15
775.082 or s. 775.083 by law.
16
2. An employer who terminates any employee solely
17
because he or she is attending school with a child pursuant to
18
court order commits a misdemeanor of the second degree,
19
punishable as provided in s. 775.082 or s. 775.083.
20
(d) The child.--
21
1. In addition to any other authorized sanctions, the
22
court may order a child found to be a habitual truant to pay a
23
civil penalty of $2 for each day of school missed, perform up
24
to 25 community service hours at the school, or participate in
25
counseling or other services, as appropriate.
26
2. Upon a second or subsequent finding that a child is
27
a habitual truant, the court, in addition to any other
28
authorized sanctions, may order the child to pay a civil
29
penalty of $5 for each day of school missed, perform up to 50
30
community service hours at the school, or participate in
31
counseling or other services, as appropriate.
25
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203, First
Engrossed/C
1
Section 10. Section 232.195, Florida Statutes, is
2
amended to read:
3
232.195 Continuation of truancy remedial activities
4
upon transfer of student; retention of legal jurisdiction.--
5
(1) If, during the activities designed to remedy
6
truant behavior as described in s. 232.19, the parent or legal
7
guardian of the student who is the subject of such activities
8
transfers the student to another school district in this state
9
in an attempt to circumvent the remedial procedures which have
10
already begun, the administration of the school from which the
11
student transferred shall provide to the administration of the
12
new school, at no charge, copies of all available records and
13
documents relevant to such remedial activities, and the
14
administration of the new school shall begin remedial
15
activities in the program that most closely meets the transfer
16
student's needs.
17
(2) In the event that a legal proceeding has
18
commenced, as provided in s. 232.19(3), against a student who
19
has been determined to be a habitual truant, the movement of
20
the student who is the subject of such proceeding to another
21
circuit court district in this state will not affect the
22
jurisdiction of the court to proceed with the case under the
23
law.
24
Section 11. Section 232.197, Florida Statutes, is
25
created to read:
26
232.197 Notification to schools of court action.--If a
27
court takes action that directly involves a child's school,
28
including, but not limited to, an order that a student attend
29
school, attend school with his or her parent or legal
30
guardian, perform at grade level, or perform community service
31
26
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203, First
Engrossed/C
1
hours at the school, the office of the clerk of the court
2
shall provide notice to the school of the court's action.
3
Section 12. Section 232.2452, Florida Statutes, is
4
amended to read:
5
232.2452 Report cards; end-of-the-year status.--
6
(1) Each school district shall establish and publish
7
policies requiring the content and regular issuance of student
8
report cards for all elementary school, middle school, and
9
high school students. These report cards must clearly depict
10
and grade:
11
(a) The student's academic performance in each class
12
or course, which in grades 1 through 12 must be based upon
13
examinations as well as written papers, class participation,
14
and other academic performance criteria.
15
(b) The student's conduct and behavior.
16
(c) The student's attendance, including absences and
17
tardiness.
18
(2) Each school district is encouraged to establish no
19
fewer than two districtwide report card pickup days per year
20
to facilitate teacher-parent conferences and enhance parental
21
responsibility for student performance and behavior. During a
22
report card pickup day, each parent or guardian may visit his
23
or her child's school and teacher and receive the child's
24
report card during hours established by the district school
25
board. School districts are encouraged to establish flexible
26
scheduling of personnel during the hours designated by the
27
district school board for report card pickup to allow
28
before-school, after-school, evening, or weekend opportunities
29
for parents to visit the school and teacher.
30
(3) A student's final report card for a school year
31
shall contain a statement indicating end-of-the-year status
27
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203, First
Engrossed/C
1
regarding performance or nonperformance at grade level,
2
acceptable or unacceptable behavior and attendance, and
3
promotion or nonpromotion.
4
5
School districts shall not allow schools to exempt students
6
from academic performance requirements based on practices or
7
policies designed to encourage student attendance.
8
Section 13. Subsection (4) is added to section 232.25,
9
Florida Statutes, 1996 Supplement to read:
10
232.25 Pupils subject to control of school.--
11
(4) Each pupil enrolled in a school may be required to
12
take the following school child's daily conduct pledge:
13
(a) I will respect and obey my parents and my
14
teachers.
15
(b) I will not hurt another person with my words or my
16
acts, because it is wrong to hurt others.
17
(c) I will tell the truth, because it is wrong to tell
18
a lie.
19
(d) I will not steal, because it is wrong to take
20
someone else's property.
21
(e) I will respect my body, and not take drugs.
22
(f) I will show strength and courage, and not do
23
something wrong, just because others are doing it.
24
(g) I pledge to be nonviolent and to respect my
25
teachers and fellow classmates.
26
Section 14. Subsections (1) and (2) of section 322.05,
27
Florida Statutes, 1996 Supplement, are amended to read:
28
322.05 Persons not to be licensed.--The department may
29
not issue a license:
30
(1) To a person who is under the age of 16 years,
31
except that the department may issue a learner's driver's
28
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203, First
Engrossed/C
1
license to a person who is at least 15 years of age and who
2
meets the requirements of ss. 322.091 and 322.1615 s. 322.161
3
and of any other applicable law or rule.
4
(2) To a person who is at least 16 years of age but is
5
under 18 years of age unless the person meets the requirements
6
of s. 322.091 and holds a valid:
7
(a) Learner's driver's license for at least 6 months
8
before applying for a license; or
9
(b) License that was issued in another state or in a
10
foreign jurisdiction and that would not be subject to
11
suspension or revocation under the laws of this state.
12
Section 15. Subsection (3) is added to section 322.09,
13
Florida Statutes, 1996 Supplement, as amended by section 4 of
14
chapter 93-144, Laws of Florida, to read:
15
322.09 Application of minors.--
16
(3) The department may not issue a driver's license or
17
learner's driver's license to any applicant under the age of
18
18 years who is not in compliance with the requirements of s.
19
322.091.
20
Section 16. Section 322.091, Florida Statutes, is
21
created to read:
22
322.091 Attendance requirements.--
23
(1) ELIGIBILITY REQUIREMENTS FOR DRIVING
24
PRIVILEGES.--A minor is not eligible for driving privileges
25
unless that minor:
26
(a) Is enrolled in a public school, nonpublic school,
27
or home education program and satisfies relevant attendance
28
requirements;
29
(b) Has received a high school diploma, a high school
30
equivalency diploma, a special diploma, or a certificate of
31
high school completion;
29
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203, First
Engrossed/C
1
(c) Is enrolled in a study course in preparation for
2
the Test of General Educational Development and satisfies
3
relevant attendance requirements;
4
(d) Is enrolled in other educational activities
5
approved by the district school board and satisfies relevant
6
attendance requirements;
7
(e) Has been issued a certificate of exemption
8
according to s. 232.06; or
9
(f) Has received a hardship waiver under this section.
10
11
The department may not issue a driver's license or learner's
12
driver's license to, or shall suspend the driver's license or
13
learner's driver's license of, any minor concerning whom the
14
department receives notification of noncompliance with the
15
requirements of this section.
16
(2) NOTIFICATION OF INTENT TO SUSPEND; SUSPENSION;
17
RECORD OF NONCOMPLIANCE.--
18
(a) The department shall notify each minor for whom
19
the department has received notification of noncompliance with
20
the requirements of this section as provided in s. 232.19, and
21
the minor's parent or guardian, of the department's intent to
22
suspend the minor's driving privileges.
23
(b) The minor, or the parent or guardian of the minor,
24
has 15 calendar days after the date of receipt of this notice
25
to provide proof of compliance with the requirements of this
26
section as provided in subsection (4) or to request a hardship
27
waiver hearing under subsection (3).
28
(c) Twenty days after the date of issuance of this
29
notice, the department shall suspend the minor's operator's
30
license or learner's driver's license or record the legal
31
name, sex, date of birth, and social security number of each
30
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203, First
Engrossed/C
1
minor who does not possess a driver's license or learner's
2
driver's license, unless the minor has provided the department
3
with verification of compliance with the requirements of
4
subsection (1) or the appropriate school official has provided
5
the department with verification of a request for a waiver
6
hearing.
7
(d) Upon notification of the outcome of a hardship
8
waiver hearing, the department shall suspend the driver's
9
license or learner's driver's license of a minor who was
10
denied a hardship waiver, or record the legal name, sex, date
11
of birth, and social security number of a minor who does not
12
possess a driver's license or learner's driver's license and
13
who was denied a hardship waiver.
14
(e) The department may not issue a driver's license or
15
learner's driver's license to any minor for whom it has a
16
record of noncompliance with the requirements of subsection
17
(1) unless the minor submits verification of compliance
18
pursuant to subsection (4).
19
(3) HARDSHIP WAIVER AND APPEAL.--
20
(a) A minor, or the parent or guardian of a minor, has
21
15 calendar days after the date of receipt of the notice of
22
intent to suspend to request a hardship waiver hearing before
23
the public school principal, the principal's designee, or the
24
designee of the governing body of a private school for the
25
purpose of reviewing the pending suspension of driving
26
privileges. The school official receiving the request shall
27
notify the department of the request for a waiver hearing
28
within 24 hours after receiving the request. Public school
29
officials shall also notify the district school board of the
30
request for a waiver hearing. The hearing must be conducted
31
within 30 calendar days after the public school principal, the
31
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1
principal's designee, or the designee of the governing body of
2
a private school receives the request.
3
(b) The public school principal, the principal's
4
designee, or the designee of the governing body of a private
5
school shall waive the requirements of subsection (1) for any
6
minor under the school's jurisdiction for whom a personal or
7
family hardship requires that the minor have a driver's
8
license for his or her own, or his or her family's, employment
9
or medical care. The minor or the minor's parent or guardian
10
may present other evidence that indicates compliance with the
11
requirements of subsection (1) at the waiver hearing. The
12
public school principal, the principal's designee, or the
13
designee of the governing body of a private school shall take
14
into consideration the recommendations of teachers, other
15
school officials, guidance counselors, or academic advisers
16
before waiving the requirements of subsection (1).
17
(c) The public school principal, the principal's
18
designee, or the designee of the governing body of a private
19
school shall notify the department of the outcome of a minor's
20
hardship waiver hearing within 24 hours after conducting the
21
hearing. Public school officials shall also notify the
22
district school board of the outcome of the hearing.
23
(d) Any person denied a hardship waiver by a public
24
school principal, the principal's designee, or the designee of
25
the governing body of a private school may appeal the decision
26
to the district school board or the governing body of the
27
private school. The district school board or the governing
28
body of the private school shall notify the department if the
29
hardship waiver is subsequently granted.
30
(4) VERIFICATION OF COMPLIANCE AND REINSTATEMENT.--A
31
district school board shall provide a minor with written
32
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1
verification that he or she is in compliance with the
2
requirements of subsection (1) if the district determines that
3
he or she has been in compliance for 30 days prior to the
4
request for verification of compliance. Upon receiving
5
written verification that the minor is again in compliance
6
with the requirements of subsection (1), the department shall
7
reinstate the minor's driving privilege. Thereafter, if the
8
school district determines that the minor is not in compliance
9
with the requirements of subsection (1), the department shall
10
suspend the minor's driving privilege until the minor is 18
11
years of age or otherwise satisfies the requirements of
12
subsection (1), whichever occurs first.
13
(5) REPORTING AND ACCOUNTABILITY.--The department
14
shall report quarterly to each school district the legal name,
15
sex, date of birth, and social security number of each student
16
whose driving privileges have been suspended under this
17
section.
18
Section 17. Section 39.015, Florida Statutes, is
19
amended to read:
20
39.015 Rules relating to habitual truants; adoption by
21
Department of Education and Department of Juvenile
22
Justice.--The Department of Juvenile Justice and the
23
Department of Education shall work together on the development
24
of, and shall adopt, rules as necessary for the implementation
25
of ss. 39.01(73), 39.403(2), and 232.19(3) and (6)(a).
26
Section 18. Paragraph (e) of subsection (3) and
27
paragraph (e) of subsection (4) of section 230.2316, Florida
28
Statutes, 1996 Supplement, are amended, present subsection
29
(10) is renumbered as subsection (11) and amended, and a new
30
subsection (10) is added to said section to read:
31
230.2316 Dropout prevention.--
33
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1
(3) DEFINITIONS.--As used in this section, the term:
2
(e) "Second chance schools" means school district
3
programs provided through cooperative agreements between the
4
Department of Juvenile Justice, private providers, state or
5
local law enforcement agencies, or other state agencies for
6
students deemed habitual truants as defined in s. 228.041(28),
7
or for students who have been disruptive or violent or who
8
have committed serious offenses. As partnership programs,
9
second chance schools are eligible for waivers from the
10
Commissioner of Education to chapters 230-235 and 239 and
11
State Board of Education rules that prevent the provision of
12
appropriate educational services to violent, severely
13
disruptive, and delinquent students in small nontraditional
14
settings and in court-adjudicated settings. Second chance
15
schools may include residential academies that are established
16
according to the following criteria:
17
1. Residential academies may be established and
18
operated by school districts or through a joint agreement with
19
a private entity, or a state or local public agency, for the
20
purpose of providing a supportive and safe learning and living
21
environment for high-risk students. Residential academies may
22
provide educational services or use the services of other
23
public schools in the school district. Residential academies
24
are to be established for the purpose of assisting youth in
25
being successful in school and preparing for postsecondary
26
education or training.
27
2. Educational services provided by residential
28
academies may be funded through the at-risk category of the
29
Florida Education Finance Program as provided in s. 236.081.
30
All residential care services may be provided through annual
31
34
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1
appropriations by the Legislature to the Department of
2
Juvenile Justice.
3
3. For each student participating in a residential
4
academy, a contract detailing the authority, care, treatment,
5
and education goals must be executed between the parent and
6
the sponsoring agency. If the academy is operated by an
7
agency other than the school district, the school district
8
must approve the contract form.
9
4. Funding for the leasing, lease purchase,
10
renovation, or construction of facilities may be provided
11
through legislative appropriation.
12
(4) STUDENT ELIGIBILITY AND PROGRAM CRITERIA.--All
13
programs funded pursuant to the provisions of this section
14
shall be positive and shall reflect strong parental and
15
community involvement. In addition, specific programs shall
16
meet the following criteria:
17
(e) Second chance schools.--
18
1. A student enrolled in a sixth, seventh, eighth,
19
ninth, or tenth grade class may be assigned to a second chance
20
school if the student meets the following criteria:
21
a. The student is a habitual truant as defined in s.
22
228.041(28).
23
b. The student's excessive absences have detrimentally
24
affected the student's academic progress and the student may
25
have unique needs that a traditional school setting may not
26
meet.
27
c. The student's high incidences of truancy have been
28
directly linked to a lack of motivation.
29
d. The student has been identified as at risk of
30
dropping out of school.
31
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1
2. A student who is habitually truant may be assigned
2
to a second chance school only if the case staffing committee,
3
established pursuant to s. 39.426, determines that such
4
placement could be beneficial to the student and the criteria
5
included in subparagraph 1. are met.
6
3. A student shall be assigned to a second chance
7
school if the school district in which the student resides has
8
a second chance school and if the student meets one of the
9
following criteria:
10
a. The student habitually exhibits disruptive behavior
11
in violation of the code of student conduct adopted by the
12
school board.
13
b. The student interferes with the student's own
14
learning or the educational process of others and requires
15
attention and assistance beyond that which the traditional
16
program can provide, or, while the student is under the
17
jurisdiction of the school either in or out of the classroom,
18
frequent conflicts of a disruptive nature occur.
19
c. The student has committed a serious offense which
20
warrants suspension or expulsion from school according to the
21
district code of student conduct. For the purposes of this
22
program, "serious offense" is behavior which:
23
(I) Threatens the general welfare of students or
24
others with whom the student comes into contact;
25
(II) Includes violence;
26
(III) Includes possession of weapons or drugs; or
27
(IV) Is harassment or verbal abuse of school personnel
28
or other students.
29
4. Children eligible for participation in residential
30
academies shall be children in grades 6 through 8 who are: in
31
a school dropout prevention program; children in need of
36
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1
services, pursuant to s. 39.01(12); dependent children,
2
pursuant to s. 39.01(14); or children within a family in need
3
of services, pursuant to s. 39.01(30). Children eligible for
4
participation in residential academies shall not have been
5
adjudicated or had adjudication withheld for a delinquent act.
6
Participation in a residential academy is voluntary and upon
7
request of the student's parent or guardian. The local school
8
board and the Department of Juvenile Justice shall establish a
9
case staffing committee to consider and approve applications
10
for placement in a residential academy. Such placement may be
11
for the purpose of preventing the student from failing,
12
dropping out of school, or becoming further involved in
13
juvenile delinquency and crime.
14
5.4. Prior to assignment of students to second chance
15
schools, school boards are encouraged to use alternative
16
programs, such as in-school suspension, which provide
17
instruction and counseling leading to improved student
18
behavior, a reduction in the incidence of truancy, and the
19
development of more effective interpersonal skills.
20
6.5. Students assigned to second chance schools must
21
be evaluated by the school's local child study team before
22
placement in a second chance school. The study team shall
23
ensure that students are not eligible for placement in a
24
program for emotionally disturbed children.
25
7.6. Students who exhibit academic and social progress
26
and who wish to return to a traditional school shall be
27
evaluated by school district personnel prior to reentering a
28
traditional school.
29
8.7. Second chance schools shall be funded at the
30
dropout prevention program weight pursuant to s. 236.081 and
31
may receive school safety funds or other funds as appropriate.
37
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1
(10) OBLIGATION OF PARENTS AND LEGAL GUARDIANS OF
2
STUDENTS IN PROGRAMS FUNDED UNDER THIS SECTION.--A parent or
3
legal guardian of a student assigned to a program funded under
4
this section who willfully violates or fails to substantially
5
comply with the requirements of such assignment shall be
6
subject to the penalties under s. 232.19.
7
(11)(10) RULES.--The Department of Education may shall
8
have the authority to adopt any rules necessary to implement
9
the provisions of this section; such rules shall require the
10
minimum amount of paperwork and reporting necessary for
11
compliance to comply with this act. By January 1, 1995,
12
current rules regarding this section shall be revised.
13
Section 19. Section 39.085, Florida Statutes, is
14
amended to read:
15
39.085 Alternative Education Institute.--
16
(1) The Alternative Education Institute Effective upon
17
this act becoming a law, there is established, housed for
18
administrative purposes within the Department of Education.
19
The purpose of the Alternative Education Institute is to
20
acquire and administer which may immediately contract with a
21
private provider for alternative education programs in
22
residential school facilities. The programs shall be funded
23
with PECO funds in which alternative education programs are
24
conducted for children in grades 6 through 8 who are: in a
25
school dropout prevention program; children in need of
26
services, pursuant to s. 39.01(12); dependent children,
27
pursuant to s. 39.01(14); or children within a family in need
28
of services, pursuant to s. 39.01(30). Children eligible for
29
participation shall not have been adjudicated or had
30
adjudication withheld for a delinquent act and shall serve
31
juvenile offenders who have been prosecuted as adults or who
38
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1
have been committed to a high-risk residential program or a
2
maximum-risk residential program of the Department of Juvenile
3
Justice.
4
(2) The institute shall be a not-for-profit
5
corporation consisting of a 13-member board acting as an
6
instrumentality of the state. The institute and may receive,
7
hold, invest, and administer property and any moneys or
8
donated lands or facilities received from private, state, and
9
federal sources, as well as technical and professional income
10
generated or derived from education practice activities of the
11
institute, for the benefit of the institute and the
12
fulfillment of its educational mission. The affairs of the
13
corporation shall be managed by a board of directors who shall
14
serve without compensation.
15
(3)(a)(2) The institute's board members shall be
16
appointed as follows: institute shall be a 13-member board,
17
with 7 members appointed by the Governor, 3 members appointed
18
by the President of the Senate, and 3 members appointed by the
19
Speaker of the House of Representatives. Each member shall be
20
appointed to a term of 3 years, and may be reappointed to the
21
board. Appointees to the board shall not be persons who hold
22
other offices. All members must be appointed no later than
23
June 1, 1994. The board shall select a chair from among its
24
members.
25
(b) The board members shall comply with part III of
26
chapter 112. The members of the board shall serve without
27
compensation, but may receive reimbursement for per diem and
28
travel as provided in s. 112.061.
29
(c)(3) The board shall select a chair from among its
30
members. Each member shall have only one vote, shall be
31
appointed to a term of 3 years, and may be reappointed to the
39
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1
board. Any member who misses three consecutive meetings of the
2
board without being excused by the chair is automatically
3
removed from the board, and such vacancy shall be filled by
4
the appointing authority for the vacant position within 45
5
days after the date on which the vacancy occurs.
6
(4) In order to carry out the mission established in
7
subsection (1), the institute is responsible for:
8
(a) Developing the education facilities fixed capital
9
outlay and operational plans.
10
(b) Assuring compliance on all siting and contracting
11
issues relating to the construction, including repair and
12
renovation, and operation of residential school facilities for
13
alternative education programs.
14
(c) Obtaining Preparing an annual audit postaudit of
15
the institute's not-for-profit corporation's financial
16
accounts and the financial accounts of any of the residential
17
alternative education program providers its for-profit or
18
not-for-profit subsidiaries, to be performed conducted by an
19
independent certified public accountant. The annual audit
20
report must include a management letter letters and shall be
21
submitted to the Auditor General for review. The board and the
22
Auditor General may require and receive from the residential
23
alternative education program providers not-for-profit
24
corporation and any subsidiaries, or from their independent
25
auditor, any detail or supplemental data relative to the
26
operation of the institute not-for-profit corporation or the
27
residential alternative education program providers its
28
subsidiary.
29
(d) Providing by the institute not-for-profit
30
corporation and the residential alternative education program
31
providers its for-profit or not-for-profit subsidiaries of
40
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1
equal employment opportunities to all persons regardless of
2
race, color, religion, sex, age, or national origin.
3
(e) Safeguarding the integrity of PECO funds for
4
Establishing programs that which fulfill the education mission
5
of the institute.
6
(f) Safeguarding the integrity of PECO funds for
7
Establishing programs that fulfill the alternative education
8
mission of the institute.
9
(g) Controlling the budget and the dollars
10
appropriated or donated to the institute from private, state,
11
and federal sources.
12
(h) Appointing members to carry out the educational
13
activities of the institute and determine compensation,
14
benefits, and terms of service.
15
(i) Controlling the use and assignment of space and
16
equipment within the residential school facilities.
17
(j) Creating the administrative structure necessary to
18
carry out the mission of the institute.
19
(k) Reporting to the Department of Education, the
20
Department of Juvenile Justice, and the Legislature.
21
(l) Providing a copy of the institute's annual report
22
to the Governor and Cabinet, the President of the Senate, and
23
the Speaker of the House of Representatives by December 15 of
24
each year.
25
(5) If the contract of a residential alternative
26
education program provider agreement between the
27
not-for-profit corporation and the institute is terminated for
28
any reason, the institute shall assume governance and
29
operation of the residential school facility facilities.
30
(6) In carrying out the provisions of this section,
31
the not-for-profit corporation and its for-profit or
41
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1
not-for-profit subsidiaries are not "agencies" within the
2
meaning of s. 20.03(11).
3
(6) The institute shall enter into an interagency
4
cooperation and information-sharing agreement with the
5
Department of Juvenile Justice and the Department of Education
6
to ensure coordination of services to students in residential
7
education programs and a cooperative working relationship
8
between the institute and those departments.
9
(7) The institute shall provide full cooperation to
10
the Department of Juvenile Justice to ensure that residential
11
alternative education programs operating in institute school
12
facilities cooperate fully with the department's inspector
13
general and with the department's quality assurance
14
requirements.
15
Section 20. Section 230.235, Florida Statutes, is
16
created to read:
17
230.235 Policy of zero tolerance for crime.--
18
(1) Each school district shall adopt a policy of zero
19
tolerance for crime and substance abuse pursuant to this
20
section. Such a policy shall include the reporting of
21
delinquent acts and crimes occurring whenever and wherever
22
students are under the jurisdiction of the school district.
23
(2) Each school district shall enter into an agreement
24
with the county sheriff's office or local police department
25
specifying guidelines for ensuring that felonies and violent
26
misdemeanors, whether committed by a student or adult, and
27
delinquent acts that would be felonies or violent misdemeanors
28
if committed by an adult, are reported to law enforcement.
29
Such agreements shall include the role of school resource
30
officers, if applicable, in handling reported incidents,
31
special circumstances in which school officials may handle
42
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1
incidents without filing a report to law enforcement, and a
2
procedure for ensuring that school personnel properly report
3
appropriated delinquent acts and crimes. The school principal
4
shall be responsible for ensuring that all school personnel
5
are properly informed as to their responsibilities regarding
6
crime reporting, that appropriate delinquent acts and crimes
7
are properly reported, and that actions taken in cases with
8
special circumstances are properly taken and documented.
9
Section 21. Section 232.277, Florida Statutes, is
10
amended to read:
11
232.277 Reports of suspected substance or alcohol
12
abuse; exemption from liability.--
13
(1) School personnel are required to report to the
14
principal or principal's designee any suspected unlawful use,
15
possession, or sale by a student of any controlled substance,
16
as defined in s. 893.02; any counterfeit controlled substance,
17
as defined in s. 831.31; any alcoholic beverage, as defined in
18
s. 561.01(4); or model glue. School personnel are exempt from
19
civil liability when reporting in good faith to the proper
20
school authority such suspected unlawful use, possession, or
21
sale by a student. Only a principal or principal's designee
22
is authorized to contact a parent or legal guardian of a
23
student regarding this situation.
24
(2)(a) It is the intent of the Legislature that all
25
school students understand that the magnitude of the harm
26
caused by unlawful use, possession, or sale of the substances
27
set forth in subsection (1) mandates the reporting of
28
occurrences of such unlawful acts for prosecution or other
29
action as appropriate.
30
(b) Reports made and verified under subsection (1)
31
shall be forwarded to an appropriate agency.
43
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1
(c) School personnel shall timely notify the student's
2
parent, guardian, or legal custodian that a verified report
3
made under subsection (1) with respect to the student has been
4
made and forwarded as provided for in this subsection.
5
Section 22. Effective October 1, 1997, section
6
790.115, Florida Statutes, is amended to read:
7
790.115 Possessing or discharging weapons or firearms
8
on school property prohibited; penalties; exceptions.--
9
(1) A person who exhibits any sword, sword cane,
10
firearm, electric weapon or device, destructive device, or
11
other weapon, including a razor blade, box cutter, or knife
12
with a blade length greater than 4 inches, except as
13
authorized in support of school-sanctioned activities, in the
14
presence of one or more persons in a rude, careless, angry, or
15
threatening manner and not in lawful self-defense, on the
16
grounds or facilities of any school, school bus, or school bus
17
stop, or within 1,000 feet of the real property that comprises
18
a public or private elementary school, middle school, or
19
secondary school, during school hours or during the time of a
20
sanctioned school activity, commits a felony of the third
21
degree, punishable as provided in s. 775.082, s. 775.083, or
22
s. 775.084. This subsection does not apply to the exhibition
23
of a firearm or weapon on private real property within 1,000
24
feet of a school by the owner of such property or by a person
25
whose presence on such property has been authorized, licensed,
26
or invited by the owner.
27
(2)(a) A person shall not possess any firearm,
28
electric weapon or device, destructive device, or other
29
weapon, including a razor blade, box cutter, or knife with a
30
blade length greater than 4 inches, except as authorized in
31
support of school-sanctioned activities, on the property of
44
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1
any school, school bus, or school bus stop; however, a person
2
may carry a firearm:
3
1. In a case to a firearms program, class or function
4
which has been approved in advance by the principal or chief
5
administrative officer of the school as a program or class to
6
which firearms could be carried;
7
2. In a case to a vocational school having a firearms
8
training range; or
9
3. In a vehicle pursuant to s. 790.25(5); except that
10
school districts may adopt written and published policies that
11
waive the exception in this subparagraph for purposes of
12
student and campus parking privileges.
13
14
For the purposes of this section, "school" means any
15
preschool, elementary school, middle school, junior high
16
school, secondary school, vocational school, or postsecondary
17
school, whether public or nonpublic.
18
(b) A person who willfully and knowingly possesses any
19
electric weapon or device, destructive device, or other
20
weapon, including a razor blade, box cutter, or knife with a
21
blade length greater than 4 inches, except as authorized in
22
support of school-sanctioned activities, in violation of this
23
subsection commits a felony of the third degree, punishable as
24
provided in s. 775.082, s. 775.083, or s. 775.084.
25
(c)1. A person who willfully and knowingly possesses
26
any firearm in violation of this subsection commits a felony
27
of the third degree, punishable as provided in s. 775.082, s.
28
775.083, or s. 775.084.
29
2. A person who stores or leaves a loaded firearm
30
within the reach or easy access of a minor who obtains the
31
firearm and commits a violation of subparagraph 1. commits a
45
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Engrossed/C
1
misdemeanor of the second degree, punishable as provided in s.
2
775.082 or s. 775.083; except that this does not apply if the
3
firearm was stored or left in a securely locked box or
4
container or in a location which a reasonable person would
5
have believed to be secure, or was securely locked with a
6
firearm-mounted push-button combination lock or a trigger
7
lock; if the minor obtains the firearm as a result of an
8
unlawful entry by any person; or to members of the Armed
9
Forces, National Guard, or State Militia, or to police or
10
other law enforcement officers, with respect to firearm
11
possession by a minor which occurs during or incidental to the
12
performance of their official duties.
13
(d) A person who discharges any weapon or firearm
14
while in violation of paragraph (a), unless discharged for
15
lawful defense of himself or another or for a lawful purpose,
16
commits a felony of the second degree, punishable as provided
17
in s. 775.082, s. 775.083, or s. 775.084.
18
(e) The penalties of this subsection shall not apply
19
to persons licensed under s. 790.06. Persons licensed under
20
s. 790.06 shall be punished as provided in s. 790.06(12),
21
except that a licenseholder who unlawfully discharges a weapon
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or firearm on school property as prohibited by this subsection
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commits a felony of the second degree, punishable as provided
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in s. 775.082, s. 775.083, or s. 775.084.
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(3) This section does not apply to any law enforcement
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officer as defined in s. 943.10(1), (2), (3), (4), (6), (7),
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(8), (9), or (14).
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Section 23. Section 230.23015, Florida Statutes, 1996
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Supplement, is amended to read:
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230.23015 Students violating s. 784.081; expulsion or
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and placement in alternative school setting.--Notwithstanding
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CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203, First
Engrossed/C
1
any other provision of law, each district school board shall
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adopt rules providing that any student found to have committed
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a violation of s. 784.081(1), (2), or (3) shall be expelled or
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and placed in an alternative school setting or other youth
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services or justice program, as appropriate for a minimum
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period of 1 year. Upon being charged with the offense, the
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student shall be removed from the classroom immediately and
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placed in an alternative school setting pending disposition.
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Section 24. Section 322.0601, Florida Statutes, is
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repealed.
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Section 25. Except as otherwise provided herein, this
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act shall take effect July 1, 1997.
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