House Bill 3951

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    Florida House of Representatives - 1998                HB 3951

        By Representative Trovillion






  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; amending s.

12         232.02, F.S.; providing that private tutoring

13         may be used to meet regular school attendance

14         requirements; revising provisions relating to

15         home education programs; clarifying inspection

16         of portfolio; providing for parental selection

17         of method of evaluation; revising process for

18         reporting and submitting written evaluation and

19         test results to superintendent; creating s.

20         232.0202, F.S.; providing requirements for

21         private tutoring programs; amending s. 232.021,

22         F.S.; providing that attendance reporting

23         requirements do not apply to home education

24         programs; amending ss. 232.425, 240.116,

25         240.321, 240.40202, 240.40205, and 240.40206,

26         F.S.; correcting cross references and

27         conforming provisions; providing an effective

28         date.

29

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

31

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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.  Paragraph (b) of subsection (1) of section

10  232.01, Florida Statutes, is 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         Section 4.  Section 232.02, Florida Statutes, is

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

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

29         232.02  Regular school attendance.--Regular attendance

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

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

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

  2  attendance in:

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

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

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

  6  tuition charges or by endowments or gifts; or

  7         (4)  A home education program that meets the

  8  requirements of s. 232.0201; or

  9         (5)  A private tutoring program that meets the

10  requirements of s. 232.0202.

11         232.0201  Home education programs.--

12         (1)(4)  Regular attendance as defined in s. 232.02 may

13  be achieved by attendance in a home education program as

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

15  following conditions is met:

16         (a)  The parent holds a valid regular Florida

17  certificate to teach the subjects or grades in which

18  instruction is given and complies with any other requirements

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

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

21  hold a valid regular Florida certificate to teach. and

22  complies with the following requirements:

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

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

25  guardian resides of her or his intent to establish and

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

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

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

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

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

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

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  1  written notice of termination of the home education program

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

  3  of said termination.

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

  5  a portfolio of records and materials.  The portfolio shall

  6  consist of the following:

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

  8  contemporaneously with the instruction and, which designates

  9  by title any the reading materials used. and

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

11  and creative materials used or developed by the student.

12

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

14  2 years and shall be made available for inspection by the

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

16  written notice. Nothing in this section shall require the

17  superintendent to inspect the portfolio.

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

19  for an annual educational evaluation in which is documented

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

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

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

23  the evaluation shall be filed annually with the

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

25  which the pupil resides.  The annual educational evaluation

26  shall consist of one of the following:

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

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

29  the portfolio and discussion with the pupil.  Such teacher

30  shall hold a valid regular Florida certificate to teach

31  academic subjects at the elementary or secondary level.  The

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  1  teacher shall submit a written evaluation to the school

  2  superintendent;

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

  4  student achievement test used by the district and administered

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

  6  the school superintendent;

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

  8  test used by the school district and administered by a

  9  certified teacher. Such test results shall be reported to the

10  school superintendent;

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

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

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

14  school superintendent; or

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

16  measurement tool as mutually agreed upon by the school

17  superintendent of the district in which the pupil resides and

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

19  to the superintendent.

20         (2)  The school superintendent shall review and accept

21  the results of the annual educational evaluation of the pupil

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

23  demonstrate educational progress at a level commensurate with

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

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

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

27  date of receipt of the written notification to provide

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

29  probationary period, the pupil shall be reevaluated as

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

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

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  1  demonstrating educational progress commensurate with her or

  2  his ability at the end of the probationary period.

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

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

  5  228.041.

  6         Section 5.  Section 232.0202, Florida Statutes, is

  7  created to read:

  8         232.0202  Private tutoring programs.--Regular

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

10  attendance in a private tutoring program if the person

11  tutoring the student meets the following requirements:

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

13  subjects or grades in which instruction is given.

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

15  by the state and district school board and makes regular

16  reports on the attendance of students in accordance with the

17  provisions of s. 232.021.

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

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

20         Section 6.  Section 232.021, Florida Statutes, is

21  amended to read:

22         232.021  Attendance records and reports required.--All

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

24  denominational, and private schools, including private tutors,

25  shall keep all records and shall prepare and submit promptly

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

27  state and district boards.  Such records shall include a

28  register of enrollment and attendance and all such persons

29  named above shall make such reports therefrom as may be

30  required by the state board.  The enrollment register shall

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

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

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

  3  designated school representative or the superintendent of the

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

  5  provisions of this section shall be a misdemeanor of the

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

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

  8  232.0201.

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

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

11  amended to read:

12         232.425  Student standards for participation in

13  interscholastic extracurricular student activities;

14  regulation.--

15         (3)

16         (c)  An individual home education student is eligible

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

18  agreement to participate at a nonpublic school, in the

19  interscholastic extracurricular activities of that school,

20  provided the following conditions are met:

21         1.  The home education student must meet the

22  requirements of the home education program pursuant to s.

23  232.0201 232.02(4).

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

25  home education student must demonstrate educational progress

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

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

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

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

30  parent; grades earned through correspondence; grades earned in

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

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

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

  3         3.  The home education student must meet the same

  4  residency requirements as other students in the school at

  5  which he or she participates.

  6         4.  The home education student must meet the same

  7  standards of acceptance, behavior, and performance as required

  8  of other students in extracurricular activities.

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

10  her intent to participate in interscholastic extracurricular

11  activities as a representative of the school before the

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

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

14  able to participate in curricular activities if that is a

15  requirement for an extracurricular activity.

16         6.  A student who transfers from a home education

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

18  period of the school year is academically eligible to

19  participate in interscholastic extracurricular activities

20  during the first grading period provided the student has a

21  successful evaluation from the previous school year, pursuant

22  to subparagraph 2.

23         7.  Any public school or nonpublic school student who

24  has been unable to maintain academic eligibility for

25  participation in interscholastic extracurricular activities is

26  ineligible to participate in such activities as a home

27  education student until the student has successfully completed

28  one grading period in home education pursuant to subparagraph

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

30  student.

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  1         (4)  The student standards for participation in

  2  interscholastic extracurricular activities must be applied

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

  4  Each student must meet such other requirements for

  5  participation as may be established by the school district;

  6  however, a school district may not establish requirements for

  7  participation in interscholastic extracurricular activities

  8  which make participation in such activities less accessible to

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

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

11  requirements that are placed on home education student

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

13  232.0201 232.02 to home education students generally.

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

15  240.116, Florida Statutes, is amended to read:

16         240.116  Articulated acceleration.--

17         (7)

18         (b)  The dual enrollment program for home education

19  students consists of the enrollment of an eligible home

20  education secondary student in a postsecondary course

21  creditable toward an associate degree, a vocational

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

23  dual enrollment program, an eligible home education secondary

24  student must:

25         1.  Provide proof of enrollment in a home education

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

27         2.  Be responsible for his or her own instructional

28  materials and transportation unless provided for otherwise.

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

30  240.321, Florida Statutes, is amended to read:

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  1         240.321  Community college district board of trustees;

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

  3  make rules governing admissions of students.  These rules

  4  shall include the following:

  5         (2)  Admission to associate degree programs is subject

  6  to minimum standards adopted by the State Board of Education

  7  and shall require:

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

  9  diploma as prescribed in s. 229.814, previously demonstrated

10  competency in college credit postsecondary coursework, or, in

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

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

13  that the student has completed a home education program

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

15  Students who are enrolled in a dual enrollment or early

16  admission program pursuant to s. 240.116 and secondary

17  students enrolled in college-level instruction creditable

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

19  diploma, shall be exempt from this requirement.

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

21  240.40202, Florida Statutes, is amended to read:

22         240.40202  Florida Bright Futures Scholarship Program;

23  student eligibility requirements for initial awards.--

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

25  the three types of scholarships under the Florida Bright

26  Futures Scholarship Program, a student must:

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

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

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

30  admission program of an eligible postsecondary education

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  1  institution or completes a home education program according to

  2  s. 232.0201 232.02(4); or

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

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

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

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

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

  8  Florida, is amended to read:

  9         240.40205  Florida Academic Scholars award.--

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

11  Scholars award if the student meets the general eligibility

12  requirements for the Florida Bright Futures Scholarship

13  Program and the student:

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

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

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

17  and recommended by the State Board of Community Colleges as

18  college-preparatory academic courses; and

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

20  rules of the Department of Education on the combined verbal

21  and quantitative parts of the Scholastic Aptitude Test, the

22  Scholastic Assessment Test, or the recentered Scholastic

23  Assessment Test of the College Entrance Examination, or an

24  equivalent score on the American College Testing Program; or

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

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

27  the International Baccalaureate curriculum but failed to earn

28  the International Baccalaureate Diploma, and has attained at

29  least the score identified by rules of the Department of

30  Education on the combined verbal and quantitative parts of the

31  Scholastic Aptitude Test, the Scholastic Assessment Test, or

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  1  the recentered Scholastic Assessment Test of the College

  2  Entrance Examination, or an equivalent score on the American

  3  College Testing Program; or

  4         (d)  Has been awarded an International Baccalaureate

  5  Diploma from the International Baccalaureate Office; or

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

  7  programs of the National Merit Scholarship Corporation as a

  8  scholar or finalist.

  9

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

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

12  the district school board or the administrators of a nonpublic

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

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

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

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

17  other presentations, evaluate and reflect upon his or her

18  experience.

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

20  240.40206, Florida Statutes, as amended by chapter 97-379,

21  Laws of Florida, is amended to read:

22         240.40206  Florida Merit Scholars award.--

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

24  award if the student meets the general eligibility

25  requirements for the Florida Bright Futures Scholarship

26  Program and the student:

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

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

29  the International Baccalaureate curriculum but failed to earn

30  the International Baccalaureate Diploma, and has attained at

31  least the score identified by rules of the Department of

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  1  Education on the combined verbal and quantitative parts of the

  2  Scholastic Aptitude Test, the Scholastic Assessment Test, or

  3  the recentered Scholastic Assessment Test of the College

  4  Entrance Examination, or an equivalent score on the American

  5  College Testing Program.

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

  7  law.

  8

  9            *****************************************

10                          HOUSE SUMMARY

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      With respect to school attendance:  clarifies definition
12    of the term "home education program"; provides that
      nonpublic school survey requirements and certain
13    attendance reporting requirements do not apply to home
      education programs; clarifies provisions relating to
14    state or school district control of home education
      programs; provides that private tutoring may be used to
15    meet regular school attendance requirements; and revises
      certain requirements relating to home education programs.
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