Senate Bill 2110c1

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    Florida Senate - 1998                           CS for SB 2110

    By the Committee on Education and Senators Lee and Grant





    304-1942-98

  1                      A bill to be entitled

  2         An act relating to school attendance; amending

  3         s. 228.041, F.S.; clarifying definition of the

  4         term "home education program"; amending s.

  5         229.808, F.S.; providing that definition of the

  6         term "nonpublic school" does not include home

  7         education program for purpose of survey

  8         requirements; amending s. 232.01, F.S.,

  9         relating to school attendance; clarifying

10         provisions relating to state or school district

11         control of home education programs; revising

12         provisions relating to compulsory school

13         attendance; amending s. 232.02, F.S.; providing

14         that private tutoring may be used to meet

15         regular school attendance requirements;

16         revising provisions relating to home education

17         programs; clarifying inspection of portfolio;

18         providing for parental selection of method of

19         evaluation; revising process for reporting and

20         submitting written evaluation and test results

21         to superintendent; creating s. 232.0202, F.S.;

22         providing requirements for private tutoring

23         programs; amending s. 232.021, F.S.; providing

24         that attendance reporting requirements do not

25         apply to home education programs; amending ss.

26         232.425, 240.116, 240.321, 240.40202,

27         240.40205, and 240.40206, F.S.; correcting

28         cross references and conforming provisions;

29         providing an effective date.

30

31  Be It Enacted by the Legislature of the State of Florida:

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  1         Section 1.  Subsection (34) of section 228.041, Florida

  2  Statutes, is amended to read:

  3         228.041  Definitions.--Specific definitions shall be as

  4  follows, and wherever such defined words or terms are used in

  5  the Florida School Code, they shall be used as follows: shall

  6  be used as follows:

  7         (34)  HOME EDUCATION PROGRAM.--A home education program

  8  is sequentially progressive instruction of a student directed

  9  in his or her home by his or her parent or guardian in order

10  to satisfy the requirements of ss. s. 232.01 and 232.0201.

11         Section 2.  Subsection (2) of section 229.808, Florida

12  Statutes, is amended to read:

13         229.808  Annual nonpublic school survey.--

14         (2)  For the purpose of organizing, maintaining, and

15  updating this database, each nonpublic school shall annually

16  execute and file a database survey form on a date designated

17  by the Department of Education which shall include a notarized

18  statement ascertaining that the owner of the nonpublic school

19  has complied with the provisions of subsection (3). For the

20  purpose of this section, "owner" means any individual who is

21  the chief administrative officer of a nonpublic school.  For

22  the purpose of this section, a "nonpublic school" is defined

23  as an individual, association, copartnership, or corporation,

24  or department, division, or section of such organization,

25  which designates itself as an educational center which

26  includes kindergarten or a higher grade or as an elementary,

27  secondary, business, technical, or trade school below college

28  level or any organization which provides instructional

29  services which meet the intent of s. 232.02 or which gives

30  preemployment or supplementary training in technology or in

31  fields of trade or industry or which offers academic,

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  1  literary, or vocational training below college level, or any

  2  combination of the above, including an institution which

  3  performs the functions of the above schools through

  4  correspondence or extension, except those licensed under the

  5  provisions of chapter 246. This definition shall not include

  6  home education programs conducted in accordance with s.

  7  232.0201. "Owner" means any individual who is the chief

  8  administrative officer of a nonpublic school.

  9         Section 3.  Paragraphs (b) and (c) of subsection (1) of

10  section 232.01, Florida Statutes, are amended to read:

11         232.01  School attendance.--

12         (1)

13         (b)  Any child who has attained the age of 6 years on

14  or before September 1 of the school year and who has been

15  enrolled in a public school or who has attained the age of 6

16  years on or before September 1 and has satisfactorily

17  completed the requirements for kindergarten in a nonpublic

18  school from which the district school board accepts transfer

19  of academic credit, or who otherwise meets the criteria for

20  admission or transfer in a manner similar to that applicable

21  to other grades, shall progress according to the district's

22  pupil progression plan. However, nothing in this section shall

23  authorize the state or any school district to oversee or

24  exercise control over the curricula or academic programs of

25  nonpublic schools or home education programs.

26         (c)  A child who attains the age of 16 years during the

27  school year is not subject to compulsory school attendance

28  beyond the date upon which he or she attains that age if the

29  child files a formal declaration of intent to terminate school

30  enrollment with the district school board. The declaration

31  must acknowledge that terminating school enrollment is likely

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  1  to reduce the student's earning potential and must be signed

  2  by the child and the child's parent or legal guardian. The

  3  school district must notify the child's parent or legal

  4  guardian of receipt of the child's declaration of intent to

  5  terminate school enrollment. A child who attains the age of 18

  6  years during the school year is not subject to compulsory

  7  school attendance beyond the date upon which he or she attains

  8  that age.

  9         Section 4.  Section 232.02, Florida Statutes, is

10  amended, and subsection (4) of said section is renumbered as

11  section 232.0201, Florida Statutes, and amended, to read:

12         232.02  Regular school attendance.--Regular attendance

13  is the actual attendance of a pupil during the school day as

14  defined by law and regulations of the state board.  Regular

15  attendance within the intent of s. 232.01 may be achieved by

16  attendance in:

17         (1)  A public school supported by public funds;

18         (2)  A parochial, religious, or denominational school;

19         (3)  A private school supported in whole or in part by

20  tuition charges or by endowments or gifts; or

21         (4)  A home education program that meets the

22  requirements of s. 232.0201; or

23         (5)  A private tutoring program that meets the

24  requirements of s. 232.0202.

25         232.0201  Home education programs.--

26         (1)(4)  Regular attendance as defined in s. 232.02 may

27  be achieved by attendance in a home education program as

28  defined in s. 228.041., provided that at least one of the

29  following conditions is met:

30         (a)  The parent holds a valid regular Florida

31  certificate to teach the subjects or grades in which

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  1  instruction is given and complies with any other requirements

  2  prescribed by law or rules of the state board; or

  3         (b)  The parent or guardian is not required to does not

  4  hold a valid regular Florida certificate to teach. and

  5  complies with the following requirements:

  6         (a)1.  The parent or guardian shall notify Notifies the

  7  superintendent of schools of the county in which the parent or

  8  guardian resides of her or his intent to establish and

  9  maintain a home education program.  The notice shall be in

10  writing, signed by the parent or guardian, and shall include

11  the names, addresses, and birthdates of all children who shall

12  be enrolled as students in the home education program.  The

13  notice shall be filed in the superintendent's office within 30

14  days of the establishment of the home education program. A

15  written notice of termination of the home education program

16  shall be filed in the superintendent's office within 30 days

17  of said termination.

18         (b)2.  The parent or guardian shall maintain Maintains

19  a portfolio of records and materials.  The portfolio shall

20  consist of the following:

21         1.  A log of educational activities which is, made

22  contemporaneously with the instruction and, which designates

23  by title any the reading materials used. and

24         2.  Samples of any writings, worksheets, workbooks, or

25  and creative materials used or developed by the student.

26

27  The portfolio shall be preserved by the parent or guardian for

28  2 years and shall be made available for inspection by the

29  superintendent, or the superintendent's agent, upon 15 days'

30  written notice. Nothing in this section shall require the

31  superintendent to inspect the portfolio.

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  1         (c)3.  The parent or guardian shall provide Provides

  2  for an annual educational evaluation in which is documented

  3  the pupil's demonstration of educational progress at a level

  4  commensurate with her or his ability. The parent or guardian

  5  shall select the method of evaluation and shall file a copy of

  6  the evaluation shall be filed annually with the

  7  superintendent's district school board office in the county in

  8  which the pupil resides.  The annual educational evaluation

  9  shall consist of one of the following:

10         1.a.  A teacher selected by the parent or guardian

11  shall evaluate the pupil's educational progress upon review of

12  the portfolio and discussion with the pupil.  Such teacher

13  shall hold a valid regular Florida certificate to teach

14  academic subjects at the elementary or secondary level.  The

15  teacher shall submit a written evaluation to the school

16  superintendent;

17         2.b.  The pupil shall take any nationally normed

18  student achievement test used by the district and administered

19  by a certified teacher. Such test results shall be reported to

20  the school superintendent;

21         3.c.  The pupil shall take a state student assessment

22  test used by the school district and administered by a

23  certified teacher, at a location and under testing conditions

24  approved by the school district. Such test results shall be

25  reported to the school superintendent;

26         4.d.  The pupil shall be evaluated by an individual

27  holding a valid, active license pursuant to the provisions of

28  s. 490.003(7) or (8). Such results shall be reported to the

29  school superintendent; or

30         5.e.  The pupil shall be evaluated with any other valid

31  measurement tool as mutually agreed upon by the school

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  1  superintendent of the district in which the pupil resides and

  2  the pupil's parent or guardian. Such results shall be reported

  3  to the superintendent.

  4         (2)  The school superintendent shall review and accept

  5  the results of the annual educational evaluation of the pupil

  6  in a home education program.  If the pupil does not

  7  demonstrate educational progress at a level commensurate with

  8  her or his ability, the superintendent shall notify the parent

  9  or guardian, in writing, that such progress has not been

10  achieved.  The parent or guardian shall have 1 year from the

11  date of receipt of the written notification to provide

12  remedial instruction to the pupil.  At the end of the 1-year

13  probationary period, the pupil shall be reevaluated as

14  specified in paragraph (1)(c) this subparagraph. Continuation

15  in a home education program shall be contingent upon the pupil

16  demonstrating educational progress commensurate with her or

17  his ability at the end of the probationary period.

18         (3)  A home education program shall be excluded from

19  meeting the requirements of a school day as defined in s.

20  228.041.

21         Section 5.  Section 232.0202, Florida Statutes, is

22  created to read:

23         232.0202  Private tutoring programs.--Regular

24  attendance as defined in s. 232.02 may be achieved by

25  attendance in a private tutoring program if the person

26  tutoring the student meets the following requirements:

27         (1)  Holds a valid Florida certificate to teach the

28  subjects or grades in which instruction is given.

29         (2)  Keeps all records and makes all reports required

30  by the state and district school board and makes regular

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  1  reports on the attendance of students in accordance with the

  2  provisions of s. 232.021.

  3         (3)  Requires students to be in actual attendance for

  4  the minimum length of time prescribed by s. 228.041(16).

  5         Section 6.  Section 232.021, Florida Statutes, is

  6  amended to read:

  7         232.021  Attendance records and reports required.--All

  8  officials, teachers, and other employees in public, parochial,

  9  denominational, and private schools, including private tutors,

10  shall keep all records and shall prepare and submit promptly

11  all reports that may be required by law and by regulations of

12  state and district boards.  Such records shall include a

13  register of enrollment and attendance and all such persons

14  named above shall make such reports therefrom as may be

15  required by the state board.  The enrollment register shall

16  show the absence or attendance of each child enrolled for each

17  school day of the year in a manner prescribed by the state

18  board.  The register shall be open for the inspection by the

19  designated school representative or the superintendent of the

20  district in which the school is located. Violation of the

21  provisions of this section shall be a misdemeanor of the

22  second degree, punishable as provided by law. This section

23  shall not apply to home education programs provided in s.

24  232.0201.

25         Section 7.  Paragraph (c) of subsection (3) and

26  subsection (4) of section 232.425, Florida Statutes, are

27  amended to read:

28         232.425  Student standards for participation in

29  interscholastic extracurricular student activities;

30  regulation.--

31         (3)

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  1         (c)  An individual home education student is eligible

  2  to participate at a public school, and may develop an

  3  agreement to participate at a nonpublic school, in the

  4  interscholastic extracurricular activities of that school,

  5  provided the following conditions are met:

  6         1.  The home education student must meet the

  7  requirements of the home education program pursuant to s.

  8  232.0201 232.02(4).

  9         2.  During the period of participation at a school, the

10  home education student must demonstrate educational progress

11  as required in paragraph (b) in all subjects taken in the home

12  education program by a method of evaluation agreed upon by the

13  parent or guardian and the principal which may include: review

14  of the student's work by a certified teacher chosen by the

15  parent; grades earned through correspondence; grades earned in

16  courses taken at a community college, university, or trade

17  school; standardized test scores above the 35th percentile; or

18  any other method designated in s. 232.0201 232.02(4).

19         3.  The home education student must meet the same

20  residency requirements as other students in the school at

21  which he or she participates.

22         4.  The home education student must meet the same

23  standards of acceptance, behavior, and performance as required

24  of other students in extracurricular activities.

25         5.  The student must register with the school his or

26  her intent to participate in interscholastic extracurricular

27  activities as a representative of the school before the

28  beginning date of the season for the activity in which he or

29  she wishes to participate. A home education student must be

30  able to participate in curricular activities if that is a

31  requirement for an extracurricular activity.

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  1         6.  A student who transfers from a home education

  2  program to a public school before or during the first grading

  3  period of the school year is academically eligible to

  4  participate in interscholastic extracurricular activities

  5  during the first grading period provided the student has a

  6  successful evaluation from the previous school year, pursuant

  7  to subparagraph 2.

  8         7.  Any public school or nonpublic school student who

  9  has been unable to maintain academic eligibility for

10  participation in interscholastic extracurricular activities is

11  ineligible to participate in such activities as a home

12  education student until the student has successfully completed

13  one grading period in home education pursuant to subparagraph

14  2. to become eligible to participate as a home education

15  student.

16         (4)  The student standards for participation in

17  interscholastic extracurricular activities must be applied

18  beginning with the student's first semester of the 9th grade.

19  Each student must meet such other requirements for

20  participation as may be established by the school district;

21  however, a school district may not establish requirements for

22  participation in interscholastic extracurricular activities

23  which make participation in such activities less accessible to

24  home education students than to other students. Except as set

25  forth in paragraph (3)(c), evaluation processes or

26  requirements that are placed on home education student

27  participants may not go beyond those that apply under s.

28  232.0201 232.02 to home education students generally.

29         Section 8.  Paragraph (b) of subsection (7) of section

30  240.116, Florida Statutes, is amended to read:

31         240.116  Articulated acceleration.--

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  1         (7)

  2         (b)  The dual enrollment program for home education

  3  students consists of the enrollment of an eligible home

  4  education secondary student in a postsecondary course

  5  creditable toward an associate degree, a vocational

  6  certificate, or a baccalaureate degree. To participate in the

  7  dual enrollment program, an eligible home education secondary

  8  student must:

  9         1.  Provide proof of enrollment in a home education

10  program pursuant to s. 232.0201 232.02(4).

11         2.  Be responsible for his or her own instructional

12  materials and transportation unless provided for otherwise.

13         Section 9.  Paragraph (a) of subsection (2) of section

14  240.321, Florida Statutes, is amended to read:

15         240.321  Community college district board of trustees;

16  rules for admissions of students.--The board of trustees shall

17  make rules governing admissions of students.  These rules

18  shall include the following:

19         (2)  Admission to associate degree programs is subject

20  to minimum standards adopted by the State Board of Education

21  and shall require:

22         (a)  A high school diploma, a high school equivalency

23  diploma as prescribed in s. 229.814, previously demonstrated

24  competency in college credit postsecondary coursework, or, in

25  the case of a student who is home educated, a signed affidavit

26  submitted by the student's parent or legal guardian attesting

27  that the student has completed a home education program

28  pursuant to the requirements of s. 232.0201 232.02(4).

29  Students who are enrolled in a dual enrollment or early

30  admission program pursuant to s. 240.116 and secondary

31  students enrolled in college-level instruction creditable

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  1  toward the associate degree, but not toward the high school

  2  diploma, shall be exempt from this requirement.

  3         Section 10.  Paragraph (b) of subsection (1) of section

  4  240.40202, Florida Statutes, is amended to read:

  5         240.40202  Florida Bright Futures Scholarship Program;

  6  student eligibility requirements for initial awards.--

  7         (1)  To be eligible for an initial award from any of

  8  the three types of scholarships under the Florida Bright

  9  Futures Scholarship Program, a student must:

10         (b)  Earn a standard Florida high school diploma or its

11  equivalent as described in s. 232.246 or s. 229.814 unless:

12         1.  The student is enrolled full time in the early

13  admission program of an eligible postsecondary education

14  institution or completes a home education program according to

15  s. 232.0201 232.02(4); or

16         2.  The student earns a high school diploma from a

17  non-Florida school while living with a parent or guardian who

18  is on military or public service assignment away from Florida.

19         Section 11.  Subsection (1) of section 240.40205,

20  Florida Statutes, as amended by chapter 97-379, Laws of

21  Florida, is amended to read:

22         240.40205  Florida Academic Scholars award.--

23         (1)  A student is eligible for a Florida Academic

24  Scholars award if the student meets the general eligibility

25  requirements for the Florida Bright Futures Scholarship

26  Program and the student:

27         (a)  Has achieved a 3.5 weighted grade point average as

28  calculated pursuant to s. 240.40202, or its equivalent, in

29  high school courses that are adopted by the Board of Regents

30  and recommended by the State Board of Community Colleges as

31  college-preparatory academic courses; and

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  1         (b)  Has attained at least the score identified by

  2  rules of the Department of Education on the combined verbal

  3  and quantitative parts of the Scholastic Aptitude Test, the

  4  Scholastic Assessment Test, or the recentered Scholastic

  5  Assessment Test of the College Entrance Examination, or an

  6  equivalent score on the American College Testing Program; or

  7         (c)  Has attended a home education program according to

  8  s. 232.0201 232.02(4) during grades 11 and 12 or has completed

  9  the International Baccalaureate curriculum but failed to earn

10  the International Baccalaureate Diploma, and has attained at

11  least the score identified by rules of the Department of

12  Education on the combined verbal and quantitative parts of the

13  Scholastic Aptitude Test, the Scholastic Assessment Test, or

14  the recentered Scholastic Assessment Test of the College

15  Entrance Examination, or an equivalent score on the American

16  College Testing Program; or

17         (d)  Has been awarded an International Baccalaureate

18  Diploma from the International Baccalaureate Office; or

19         (e)  Has been recognized by the merit or achievement

20  programs of the National Merit Scholarship Corporation as a

21  scholar or finalist.

22

23  Effective with the 1998-1999 school year, a student must

24  complete a program of community service work, as approved by

25  the district school board or the administrators of a nonpublic

26  school, which shall include a minimum of 75 hours of service

27  work and require the student to identify a social problem that

28  interests him or her, develop a plan for his or her personal

29  involvement in addressing the problem, and, through papers or

30  other presentations, evaluate and reflect upon his or her

31  experience.

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  1         Section 12.  Paragraph (c) of subsection (1) of section

  2  240.40206, Florida Statutes, as amended by chapter 97-379,

  3  Laws of Florida, is amended to read:

  4         240.40206  Florida Merit Scholars award.--

  5         (1)  A student is eligible for a Florida Merit Scholars

  6  award if the student meets the general eligibility

  7  requirements for the Florida Bright Futures Scholarship

  8  Program and the student:

  9         (c)  Has attended a home education program according to

10  s. 232.0201 232.02(4) during grades 11 and 12 or has completed

11  the International Baccalaureate curriculum but failed to earn

12  the International Baccalaureate Diploma, and has attained at

13  least the score identified by rules of the Department of

14  Education on the combined verbal and quantitative parts of the

15  Scholastic Aptitude Test, the Scholastic Assessment Test, or

16  the recentered Scholastic Assessment Test of the College

17  Entrance Examination, or an equivalent score on the American

18  College Testing Program.

19         Section 13.  This act shall take effect upon becoming a

20  law.

21

22          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
23                             SB 2110

24

25  The Committee Substitute differs from SB 2110 as follows:

26  A declaration of intent to drop out of school submitted by a
    child between the ages of 16 and 18 must include the signature
27  of the child's parent or guardian.  The school board must
    notify the parent or guardian of receipt of the declaration.
28
    A state student assessment test administered by a certified
29  teacher to evaluate a home education student must be
    administered at a location and under testing conditions
30  approved by the school board.

31

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