Senate Bill 2050e1
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2050 First Engrossed
1 A bill to be entitled
2 An act relating to school safety and truancy
3 reduction; amending s. 230.23, F.S.; requiring
4 school improvement plans to include additional
5 issues; amending s. 230.2316, F.S.; providing
6 for a dropout prevention and academic
7 intervention program; revising intent of
8 program; revising eligibility criteria;
9 expanding eligible students to grades 1-12;
10 revising reporting requirements for district
11 evaluation; providing procedures for notice to
12 and response from a parent, guardian, or legal
13 custodian prior to placement in a program or
14 the provision of services to the student;
15 amending s. 231.085, F.S.; requiring principals
16 to ensure the accuracy and timeliness of school
17 reports; requiring principals to provide staff
18 training opportunities; amending s. 231.17,
19 F.S.; providing for additional minimum
20 competencies for professional certification for
21 certain educators; creating s. 232.001, F.S.;
22 allowing the Manatee County District School
23 Board to raise the compulsory age of attendance
24 for children; providing requirements for the
25 school board if it chooses to participate in
26 the pilot project; providing for the
27 applicability of state law and State Board of
28 Education rule; providing an exception from the
29 provisions relating to a declaration of intent
30 to terminate school enrollment; requiring a
31 study; amending s. 232.17, F.S.; providing
1
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2050 First Engrossed
1 legislative findings; placing responsibility on
2 school district superintendents for enforcing
3 attendance; establishing requirements for
4 school board policies; revising the current
5 steps for enforcing regular school attendance;
6 requiring public schools to follow the steps;
7 establishing the requirements for school
8 principals, primary teachers, child study
9 teams, and parents; providing for parents to
10 appeal; allowing the superintendent to seek
11 criminal prosecution for parental
12 noncompliance; requiring the superintendent,
13 parent, or guardian to file certain petitions
14 involving ungovernable children in certain
15 circumstances; requiring the superintendent to
16 provide the court with certain evidence;
17 allowing for court enforcement for children who
18 refuse to comply; revising the notice
19 requirements to parents, guardians, or others;
20 eliminating a current condition for notice;
21 eliminating the option for referral to case
22 staffing committees; requiring the
23 superintendent to take steps to bring about
24 criminal prosecution and requiring related
25 notice; authorizing the superintendent to file
26 truancy petitions; allowing for the return of
27 absent children to additional locations;
28 requiring parental notification; amending s.
29 232.19, F.S., relating to habitual truancy;
30 authorizing superintendents to file truancy
31 petitions; requiring that a court order for
2
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2050 First Engrossed
1 school attendance be obtained as a part of
2 services; revising the requirements that must
3 be met prior to filing a petition; amending s.
4 232.26, F.S.; removing a limitation on the
5 principal's authority to discipline or expel
6 pupils for unlawful possession or use of
7 controlled substances under chapter 893, F.S.;
8 amending s. 232.271, F.S.; revising references;
9 amending s. 236.081, F.S.; amending procedures
10 that must be followed in determining the annual
11 allocation to each school district for
12 operation; requiring the average daily
13 attendance of the student membership to be
14 calculated by school and by district; revising
15 students-at-risk programs; amending s. 239.505,
16 F.S.; revising provisions relating to funding
17 of constructive youth programs; amending s.
18 240.529, F.S.; providing additional legislative
19 intent related to teacher preparation programs;
20 providing the criteria for continued program
21 approval; providing for the requirements for
22 instructors in postsecondary teacher
23 preparation programs who instruct or supervise
24 preservice field experience courses or
25 internships; eliminating the requirement
26 related to a commitment to teaching in the
27 public schools for a period of time; providing
28 additional requirements for school district and
29 instructional personnel who supervise or direct
30 certain teacher preparation students; amending
31 s. 984.03, F.S.; redefining the term "habitual
3
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2050 First Engrossed
1 truant"; requiring the state attorney to file a
2 child-in-need-of-services petition in certain
3 circumstances; eliminating the requirement for
4 referral for evaluation; defining the term
5 "truancy petition"; requiring the appropriate
6 jurisdictional agency to file a petition;
7 creating s. 984.151, F.S.; providing procedures
8 for truancy petitions; providing for truancy
9 hearings and penalties; providing an effective
10 date.
11
12 WHEREAS, the voters of the State of Florida, in the
13 1998 General Election, amended Article IX, section 1, of the
14 Florida Constitution to state that, "Adequate provision shall
15 be made by law for a ...safe, secure, and high quality system
16 of free public schools...," and
17 WHEREAS, House Bill 1309, a comprehensive school safety
18 and discipline package, was enacted by the Legislature in the
19 1997 Session, addressing dropouts, habitual truancy, zero
20 tolerance for crime, drugs, alcohol, and weapons, alternative
21 placement of disruptive students, and cooperative agreements
22 with local law enforcement for crime reporting, and
23 WHEREAS, the Legislature annually provides for
24 safe-schools appropriations to be used for after school
25 programs for middle school students, alternative programs for
26 adjudicated youth, school resource officers, and conflict
27 resolution strategies, and
28 WHEREAS, the enhancement of school safety should be
29 measured as an element of school performance and
30 accountability and improved crime and incident reporting, as
31
4
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2050 First Engrossed
1 well as a heightened emphasis on character education in the
2 curriculum of the early grades, NOW, THEREFORE,
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. Paragraph (a) of subsection (16) of section
7 230.23, Florida Statutes, 1998 Supplement, is amended to read:
8 230.23 Powers and duties of school board.--The school
9 board, acting as a board, shall exercise all powers and
10 perform all duties listed below:
11 (16) IMPLEMENT SCHOOL IMPROVEMENT AND
12 ACCOUNTABILITY.--Maintain a system of school improvement and
13 education accountability as provided by statute and State
14 Board of Education rule. This system of school improvement and
15 education accountability shall be consistent with, and
16 implemented through, the district's continuing system of
17 planning and budgeting required by this section and ss.
18 229.555 and 237.041. This system of school improvement and
19 education accountability shall include, but not be limited to,
20 the following:
21 (a) School improvement plans.--Annually approve and
22 require implementation of a new, amended, or continuation
23 school improvement plan for each school in the district. Such
24 plan shall be designed to achieve the state education goals
25 and student performance standards pursuant to ss. 229.591(3)
26 and 229.592. Beginning in 1999-2000, each plan shall also
27 address issues relative to budget, training, instructional
28 materials, technology, staffing, student support services,
29 specific school safety and discipline strategies, and other
30 matters of resource allocation, as determined by school board
31 policy.
5
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2050 First Engrossed
1 Section 2. Section 230.2316, Florida Statutes, 1998
2 Supplement, is amended to read:
3 230.2316 Dropout prevention.--
4 (1) SHORT TITLE.--This act may be cited as the
5 "Dropout Prevention and Academic Intervention Act."
6 (2) INTENT.--The Legislature recognizes that a growing
7 proportion of young people are not making successful
8 transitions to productive adult lives. The Legislature further
9 recognizes that traditional education programs which do not
10 meet certain students' educational needs and interests may
11 cause these students to become unmotivated, fail, be truant,
12 be disruptive, or drop out of school. The Legislature finds
13 that a child who does not complete his or her education is
14 greatly limited in obtaining gainful employment, achieving his
15 or her full potential, and becoming a productive member of
16 society. Therefore, it is the intent of the Legislature to
17 authorize and encourage district school boards throughout the
18 state to develop and establish dropout prevention and academic
19 intervention activities designed to meet the needs of students
20 who do not perform well in traditional educational programs.
21 establish comprehensive dropout prevention programs. These
22 programs shall be designed to meet the needs of students who
23 are not effectively served by conventional education programs
24 in the public school system. It is further the intent of the
25 Legislature that cooperative agreements be developed among
26 school districts, other governmental and private agencies, and
27 community resources in order to implement innovative exemplary
28 programs aimed at reducing the number of students who do not
29 complete their education and increasing the number of students
30 who have a positive experience in school and obtain a high
31 school diploma.
6
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2050 First Engrossed
1 (3) STUDENT ELIGIBILITY AND PROGRAM CRITERIA.--
2 (a) Dropout prevention and academic intervention
3 programs may shall differ from traditional education programs
4 and schools in scheduling, administrative structure,
5 philosophy, curriculum, or setting and shall employ
6 alternative teaching methodologies, curricula, learning
7 activities, and or diagnostic and assessment procedures in
8 order to meet the needs, interests, abilities, and talents of
9 eligible students. The educational program shall provide
10 curricula, character development and law education as provided
11 in s. 233.0612, and related services which support the program
12 goals and lead to improved performance in the areas of
13 academic achievement, attendance, and discipline completion of
14 a high school diploma. Student participation in such programs
15 shall be voluntary. Districts may, however, assign students to
16 a program for disruptive students. Notwithstanding any other
17 provision of law to the contrary, no student shall be
18 identified as being eligible to receive services funded
19 through the dropout prevention and academic intervention
20 program based solely on the student being from a single-parent
21 family. The minimum period of time during which the student
22 participates in the program shall be equivalent to two
23 instructional periods per day unless the program utilizes a
24 student support and assistance component rather than regularly
25 scheduled courses.
26 (b) Students in grades 1-12 4-12 shall be eligible for
27 dropout prevention and academic intervention programs.
28 Eligible dropout prevention students shall be reported in the
29 appropriate basic cost factor for dropout prevention full-time
30 equivalent student membership in the Florida Education Finance
31 Program in standard dropout prevention classes or student
7
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2050 First Engrossed
1 support and assistance components which provide academic
2 assistance and coordination of support services to students
3 enrolled full time in a regular classroom. The strategies and
4 supports provided to eligible students shall be funded through
5 the General Appropriations Act and may include, but are not
6 limited to those services identified on the student's academic
7 intervention plan. The student support and assistance
8 component shall include auxiliary services provided to
9 students or teachers, or both. Students participating in this
10 model shall generate funding only for the time that they
11 receive extra services or auxiliary help.
12 (c) A student shall be identified as being eligible to
13 receive services funded through the dropout prevention and
14 academic intervention program a potential dropout based upon
15 one of the following criteria:
16 1. The student is academically unsuccessful as
17 evidenced by low test scores, retention, failing grades, low
18 grade-point-average, falling behind in earning credits, or not
19 meeting the state or district proficiency levels in reading,
20 mathematics, or writing.
21 2. The student has a pattern of excessive absenteeism
22 or has been identified as a habitual truant.
23 1. The student has shown a lack of motivation in
24 school through grades which are not commensurate with
25 documented ability levels or high absenteeism or habitual
26 truancy as defined in s. 228.041(28).
27 2. The student has not been successful in school as
28 determined by retentions, failing grades, or low achievement
29 test scores and has needs and interests that cannot be met
30 through traditional programs.
31
8
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2050 First Engrossed
1 3. The student has been identified as a potential
2 school dropout by student services personnel using district
3 criteria. District criteria that are used as a basis for
4 student referral to an educational alternatives program shall
5 identify specific student performance indicators that the
6 educational alternative program seeks to address.
7 4. The student has documented drug-related or
8 alcohol-related problems, or has immediate family members with
9 documented drug-related or alcohol-related problems that
10 adversely affect the student's performance in school.
11 3.5. The student has a history of disruptive behavior
12 in school or has committed an offense that warrants
13 out-of-school suspension or expulsion from school according to
14 the district code of student conduct. For the purposes of this
15 program, "disruptive behavior" is behavior that:
16 a. Interferes with the student's own learning or the
17 educational process of others and requires attention and
18 assistance beyond that which the traditional program can
19 provide or results in frequent conflicts of a disruptive
20 nature while the student is under the jurisdiction of the
21 school either in or out of the classroom; or
22 b. Severely threatens the general welfare of students
23 or others with whom the student comes into contact.
24 6. The student is assigned to a program provided
25 pursuant to chapter 39, chapter 984, or chapter 985 which is
26 sponsored by a state-based or community-based agency or is
27 operated or contracted for by the Department of Children and
28 Family Services or the Department of Juvenile Justice.
29 (d)1. "Second chance schools" means school district
30 programs provided through cooperative agreements between the
31 Department of Juvenile Justice, private providers, state or
9
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2050 First Engrossed
1 local law enforcement agencies, or other state agencies for
2 students who have been disruptive or violent or who have
3 committed serious offenses. As partnership programs, second
4 chance schools are eligible for waivers by the Commissioner of
5 Education from chapters 230-235 and 239 and State Board of
6 Education rules that prevent the provision of appropriate
7 educational services to violent, severely disruptive, or
8 delinquent students in small nontraditional settings or in
9 court-adjudicated settings.
10 2. School districts seeking to enter into a
11 partnership with a private entity or public entity to operate
12 a second chance school for disruptive students may apply to
13 the Department of Education for start-up grants from the
14 Department of Education. These grants must be available for 1
15 year and must be used to offset the start-up costs for
16 implementing such programs off public school campuses. General
17 operating funds must be generated through the appropriate
18 programs of the Florida Education Finance Program. Grants
19 approved under this program shall be for the full operation of
20 the school by a private nonprofit or for-profit provider or
21 the public entity. This program must operate under rules
22 adopted by the Department of Education and must be implemented
23 to the extent funded by the Legislature.
24 3.2. A student enrolled in a sixth, seventh, eighth,
25 ninth, or tenth grade class may be assigned to a second chance
26 school if the student meets the following criteria:
27 a. The student is a habitual truant as defined in s.
28 228.041(28).
29 b. The student's excessive absences have detrimentally
30 affected the student's academic progress and the student may
31
10
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2050 First Engrossed
1 have unique needs that a traditional school setting may not
2 meet.
3 c. The student's high incidences of truancy have been
4 directly linked to a lack of motivation.
5 d. The student has been identified as at risk of
6 dropping out of school.
7 4.3. A student who is habitually truant may be
8 assigned to a second chance school only if the case staffing
9 committee, established pursuant to s. 984.12, determines that
10 such placement could be beneficial to the student and the
11 criteria included in subparagraph 2. are met.
12 5.4. A student may be assigned to a second chance
13 school if the school district in which the student resides has
14 a second chance school and if the student meets one of the
15 following criteria:
16 a. The student habitually exhibits disruptive behavior
17 in violation of the code of student conduct adopted by the
18 school board.
19 b. The student interferes with the student's own
20 learning or the educational process of others and requires
21 attention and assistance beyond that which the traditional
22 program can provide, or, while the student is under the
23 jurisdiction of the school either in or out of the classroom,
24 frequent conflicts of a disruptive nature occur.
25 c. The student has committed a serious offense which
26 warrants suspension or expulsion from school according to the
27 district code of student conduct. For the purposes of this
28 program, "serious offense" is behavior which:
29 (I) Threatens the general welfare of students or
30 others with whom the student comes into contact;
31 (II) Includes violence;
11
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2050 First Engrossed
1 (III) Includes possession of weapons or drugs; or
2 (IV) Is harassment or verbal abuse of school personnel
3 or other students.
4 6.5. Prior to assignment of students to second chance
5 schools, school boards are encouraged to use alternative
6 programs, such as in-school suspension, which provide
7 instruction and counseling leading to improved student
8 behavior, a reduction in the incidence of truancy, and the
9 development of more effective interpersonal skills.
10 7.6. Students assigned to second chance schools must
11 be evaluated by the school's local child study team before
12 placement in a second chance school. The study team shall
13 ensure that students are not eligible for placement in a
14 program for emotionally disturbed children.
15 8.7. Students who exhibit academic and social progress
16 and who wish to return to a traditional school shall complete
17 a character development and law education program, as provided
18 in s. 233.0612, and demonstrate preparedness to reenter the
19 regular school setting be evaluated by school district
20 personnel prior to reentering a traditional school.
21 8. Second chance schools shall be funded at the
22 dropout prevention program weight pursuant to s. 236.081 and
23 may receive school safety funds or other funds as appropriate.
24 (4) PROGRAM IMPLEMENTATION.--
25 (a) Each district may establish one or more
26 alternative programs for dropout prevention and academic
27 intervention programs at the elementary, middle, junior high
28 school, or high school level. Programs designed to eliminate
29 patterns of excessive absenteeism, or habitual truancy shall
30 emphasize academic performance and may provide specific
31 instruction in the areas of vocational education,
12
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2050 First Engrossed
1 preemployment training, and behavioral management. Such
2 programs shall utilize instructional teaching methods
3 appropriate to the specific needs of the student.
4 (b) Each school that establishes or continues a
5 dropout prevention and academic intervention program at that
6 school site shall reflect that program in the school
7 improvement plan as required under s. 230.23(16).
8 (c) Districts may modify courses listed in the State
9 Course Code Directory for the purpose of providing dropout
10 prevention programs pursuant to the provisions of this
11 section.
12 (5) EVALUATION.--Each school district receiving state
13 funding for dropout prevention and academic intervention
14 programs through the General Appropriations Act Florida
15 Education Finance Program shall submit information through an
16 annual report to the Department of Education's database
17 documenting the extent to which each of the district's dropout
18 prevention and academic intervention programs has been
19 successful in the areas of graduation rate, dropout rate,
20 attendance rate, and retention/promotion rate. The department
21 shall compile this information into an annual report which
22 shall be submitted to the presiding officers of the
23 Legislature by February 15.
24 (6) STAFF DEVELOPMENT.--Each school district shall
25 establish procedures for ensuring that teachers assigned to
26 dropout prevention and academic intervention programs possess
27 the affective, pedagogical, and content-related skills
28 necessary to meet the needs of these at-risk students. Each
29 school board shall also ensure that adequate staff development
30 activities are available for dropout prevention staff and that
31 dropout prevention staff participate in these activities.
13
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2050 First Engrossed
1 (7) RECORDS.--Each district providing a program for
2 dropout prevention and academic intervention program pursuant
3 to the provisions of this section shall maintain for each
4 participating student for whom funding is generated through
5 the Florida Education Finance Program records documenting the
6 student's eligibility, the length of participation, the type
7 of program to which the student was assigned or the type of
8 academic intervention services provided, and an evaluation of
9 the student's academic and behavioral performance while in the
10 program. The school principal or his or her designee shall,
11 prior to placement in a dropout prevention and academic
12 intervention program or the provision of an academic service,
13 provide written notice of placement or services by
14 return-receipt mail to the student's parent, guardian, or
15 legal custodian. The parent, guardian, or legal custodian of
16 the student shall sign an acknowledgment of the notice of
17 placement or service and return the signed acknowledgement to
18 the principal within three days after receipt of the notice.
19 The parents or guardians of a student assigned to such a
20 dropout prevention and academic intervention program shall be
21 notified in writing and entitled to an administrative review
22 of any action by school personnel relating to such placement
23 pursuant to the provisions of chapter 120.
24 (8) COORDINATION WITH OTHER AGENCIES.--School district
25 dropout prevention and academic intervention programs shall be
26 coordinated with social service, law enforcement,
27 prosecutorial, and juvenile justice agencies and juvenile
28 assessment centers in the school district. Notwithstanding the
29 provisions of s. 228.093, these agencies are authorized to
30 exchange information contained in student records and juvenile
31 justice records. Such information is confidential and exempt
14
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2050 First Engrossed
1 from the provisions of s. 119.07(1). School districts and
2 other agencies receiving such information shall use the
3 information only for official purposes connected with the
4 certification of students for admission to and for the
5 administration of the dropout prevention and academic
6 intervention program, and shall maintain the confidentiality
7 of such information unless otherwise provided by law or rule.
8 (9) RULES.--The Department of Education shall have the
9 authority pursuant to ss. 120.536(1) and 120.54 to adopt any
10 rules necessary to implement the provisions of this section;
11 such rules shall require the minimum amount of necessary
12 paperwork and reporting necessary to comply with this act.
13 Section 3. Section 231.085, Florida Statutes, is
14 amended to read:
15 231.085 Duties of principals.--A district school board
16 shall employ, through written contract, public school
17 principals who shall supervise the operation and management of
18 the schools and property as the board determines necessary.
19 Each principal shall perform such duties as may be assigned by
20 the superintendent pursuant to the rules of the school board.
21 Such rules shall include, but not be limited to, rules
22 relating to administrative responsibility, instructional
23 leadership of the educational program of the school to which
24 the principal is assigned, submission of personnel
25 recommendations to the superintendent, administrative
26 responsibility for records and reports, administration of
27 corporal punishment, and student suspension. Each principal
28 shall provide leadership in the development or revision and
29 implementation of a school improvement plan pursuant to s.
30 230.23(16). Each principal must make the necessary provisions
31 to ensure that all school reports are accurate and timely, and
15
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2050 First Engrossed
1 must provide the necessary training opportunities for staff to
2 accurately report attendance, FTE program participation,
3 student performance, teacher appraisal, and school safety and
4 discipline data.
5 Section 4. Paragraph (a) of subsection (5) of section
6 231.17, Florida Statutes, 1998 Supplement, is amended to read:
7 231.17 Official statements of eligibility and
8 certificates granted on application to those meeting
9 prescribed requirements.--
10 (5) MINIMUM COMPETENCIES FOR PROFESSIONAL
11 CERTIFICATE.--
12 (a) The state board must specify, by rule, the minimum
13 essential competencies that educators must possess and
14 demonstrate in order to qualify to teach students the
15 standards of student performance adopted by the state board.
16 The minimum competencies must include but are not limited to
17 the ability to:
18 1. Write in a logical and understandable style with
19 appropriate grammar and sentence structure.
20 2. Read, comprehend, and interpret professional and
21 other written material.
22 3. Comprehend and work with fundamental mathematical
23 concepts.
24 4. Recognize signs of severe emotional distress in
25 students and apply techniques of crisis intervention with an
26 emphasis on suicide prevention and positive emotional
27 development.
28 5. Recognize signs of alcohol and drug abuse in
29 students and apply counseling techniques with emphasis on
30 intervention and prevention of future abuse.
31
16
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2050 First Engrossed
1 6. Recognize the physical and behavioral indicators of
2 child abuse and neglect, know rights and responsibilities
3 regarding reporting, know how to care for a child's needs
4 after a report is made, and know recognition, intervention,
5 and prevention strategies pertaining to child abuse and
6 neglect which can be related to children in a classroom
7 setting in a nonthreatening, positive manner.
8 7. Comprehend patterns of physical, social, and
9 academic development in students, including exceptional
10 students in the regular classroom, and counsel these students
11 concerning their needs in these areas.
12 8. Recognize and be aware of the instructional needs
13 of exceptional students.
14 9. Comprehend patterns of normal development in
15 students and employ appropriate intervention strategies for
16 disorders of development.
17 10. Identify and comprehend the codes and standards of
18 professional ethics, performance, and practices adopted
19 pursuant to s. 231.546(2)(b), the grounds for disciplinary
20 action provided by s. 231.28, and the procedures for resolving
21 complaints filed pursuant to this chapter, including appeal
22 processes.
23 11. Recognize and demonstrate awareness of the
24 educational needs of students who have limited proficiency in
25 English and employ appropriate teaching strategies.
26 12. Use appropriate technology in teaching and
27 learning processes.
28 13. Use assessment strategies to assist the continuous
29 development of the learner.
30
31
17
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2050 First Engrossed
1 14. Use teaching and learning strategies that include
2 considering each student's culture, learning styles, special
3 needs, and socioeconomic background.
4 15. Demonstrate knowledge and understanding of the
5 subject matter that is aligned with the subject knowledge and
6 skills specified in the student performance standards approved
7 by the state board.
8 16. Demonstrate knowledge and skill in managing
9 student behavior inside and outside a classroom setting. Such
10 knowledge and skill must include techniques for preventing and
11 effectively intervening in incidents of disruptive or violent
12 behavior.
13 17. Recognize the early signs of truancy in students
14 and identify effective interventions to avoid or resolve
15 nonattendance behavior.
16 Section 5. Section 232.001, Florida Statutes, is
17 created to read:
18 232.001 Pilot project.--It is the purpose of this
19 section to authorize the Manatee County District School Board
20 to implement a pilot project that raises the compulsory age of
21 attendance for children from the age of 16 years to the age of
22 18 years. The pilot project applies to each child who has not
23 attained the age of 16 years by September 30 of the school
24 year in which a school board policy is adopted.
25 (1) Beginning July 1, 1999, the Manatee County
26 District School Board may implement a pilot project consistent
27 with policy adopted by the school board to raise the
28 compulsory age of attendance for children from the age of 16
29 years to the age of 18 years.
30 (2) If the district school board chooses to
31 participate in the pilot project, the district school board
18
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2050 First Engrossed
1 must, before the beginning of the school year, adopt a policy
2 for raising the compulsory age of attendance for children from
3 the age of 16 years to 18 years.
4 (a) Before the adoption of the policy, the district
5 school board must provide a notice of intent to adopt a policy
6 to raise the compulsory age of attendance for children from
7 the age of 16 years to the age of 18 years. The notice must be
8 provided to the parent or legal guardian of each child who is
9 15 years of age and who is enrolled in a school in the
10 district.
11 (b) Within 2 weeks after adoption of the school board
12 policy, the district school board must provide notice of the
13 policy to the parent or legal guardian of each child who is 15
14 years of age and who is enrolled in a school in the district.
15 The notice must also provide information related to the
16 penalties for refusing or failing to comply with the
17 compulsory attendance requirements and information on
18 alternative education programs offered within the school
19 district.
20 (3) All state laws and State Board of Education rules
21 related to students subject to compulsory school attendance
22 apply to the district school board if it chooses to
23 participate in a pilot project. Notwithstanding the provisions
24 of s. 232.01, the formal declaration of intent to terminate
25 school enrollment does not apply to the district school board
26 if it chooses to participate in a pilot project.
27 (4) If the district school board chooses to
28 participate in the pilot project, the school board must
29 evaluate the effect of its adopted policy raising the
30 compulsory age of attendance on school attendance and on the
31 school district's dropout rate, as well as on the costs
19
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2050 First Engrossed
1 associated with the pilot project. The school district shall
2 report its findings to the President of the Senate, the
3 Speaker of the House of Representatives, the minority leader
4 of each house, the Governor, and the Commissioner of Education
5 not later than August 1 following each year that the pilot
6 project is in operation.
7 Section 6. Section 232.17, Florida Statutes, 1998
8 Supplement, is amended to read:
9 232.17 Enforcement of school attendance.--The
10 Legislature finds that poor academic performance is associated
11 with nonattendance and that schools must take an active role
12 in enforcing attendance as a means of improving the
13 performance of many students. It is the policy of the state
14 that the superintendent of each school district be responsible
15 for enforcing school attendance of all children and youth
16 subject to the compulsory school age in the school district.
17 The responsibility includes recommending to the school board
18 policies and procedures to ensure that schools respond in a
19 timely manner to every unexcused absence or absence for which
20 the reason is unknown of students enrolled in the schools.
21 School board policies must require each parent or guardian of
22 a student to justify each absence of the student, and that
23 justification will be evaluated based on adopted school board
24 policies that define excused and unexcused absences. The
25 policies must provide that schools track excused and unexcused
26 absences and contact the home in the case of an unexcused
27 absence from school or an absence from school for which the
28 reason is unknown to prevent the development of patterns of
29 nonattendance. The Legislature finds that early intervention
30 in school attendance matters is the most effective way of
31 producing good attendance habits that will lead to improved
20
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2050 First Engrossed
1 student learning and achievement. Each public school shall
2 implement the following steps to enforce regular school
3 attendance:
4 (1) CONTACT, REFER, AND ENFORCE.--
5 (a) Upon each unexcused absence or absence for which
6 the reason is unknown, the school principal or his or her
7 designee shall contact the home to determine the reason for
8 the absence. If the absence is an excused absence, as defined
9 by school board policy, the school shall provide opportunities
10 for the student to make up assigned work and not receive an
11 academic penalty unless the work is not made up within a
12 reasonable time.
13 (b) If a student has had at least five unexcused
14 absences or absences for which the reasons are unknown within
15 a calendar month or ten unexcused absences or absences for
16 which the reasons are unknown within a 90-calendar-day period,
17 the student's primary teacher shall report to the school
18 principal or his or her designee that the student may be
19 exhibiting a pattern of nonattendance. The principal shall,
20 unless there is clear evidence that the absences are not a
21 pattern of nonattendance, refer the case to the school's child
22 study team to determine if early patterns of truancy are
23 developing. If the child study team finds that a pattern of
24 nonattendance is developing, whether the absences are excused
25 or not, a meeting with the parent must be scheduled to
26 identify potential remedies.
27 (c) If an initial meeting does not resolve the
28 problem, the child study team shall implement interventions
29 that best address the problem. The interventions may include,
30 but need not be limited to:
31
21
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2050 First Engrossed
1 1. Frequent communication between the teacher and the
2 family;
3 2. Changes in the learning environment;
4 3. Mentoring;
5 4. Student counseling;
6 5. Tutoring, including peer tutoring;
7 6. Placement into different classes;
8 7. Evaluation for alternative education programs;
9 8. Attendance contracts;
10 9. Referral to other agencies for family services; or
11 10. Other interventions.
12 (d) The child study team shall be diligent in
13 facilitating intervention services and shall report the case
14 to the superintendent only when all reasonable efforts to
15 resolve the nonattendance behavior are exhausted.
16 (e) If the parent, guardian, or other person in charge
17 of the child refuses to participate in the remedial strategies
18 because he or she believes that those strategies are
19 unnecessary or inappropriate, the parent, guardian, or other
20 person in charge of the child may appeal to the school board.
21 The school board may provide a hearing officer and the hearing
22 officer shall make a recommendation for final action to the
23 board. If the board's final determination is that the
24 strategies of the child study team are appropriate, and the
25 parent, guardian, or other person in charge of the child still
26 refuses to participate or cooperate, the superintendent may
27 seek criminal prosecution for noncompliance with compulsory
28 school attendance.
29 (f) If a child subject to compulsory school attendance
30 will not comply with attempts to enforce school attendance,
31 the parent, the guardian, or the superintendent or his or her
22
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2050 First Engrossed
1 designee shall refer the case to the case-staffing committee
2 pursuant to s. 984.12, and the superintendent or his or her
3 designee may file a truancy petition pursuant to the
4 procedures in s. 984.151. Pursuant to procedures established
5 by the district school board, a designated school
6 representative must complete activities designed to determine
7 the cause and attempt the remediation of truant behavior, as
8 provided in this section.
9 (1) INVESTIGATE NONENROLLMENT AND UNEXCUSED
10 ABSENCES.--A designated school representative shall
11 investigate cases of nonenrollment and unexcused absences from
12 school of all children subject to compulsory school
13 attendance.
14 (2) GIVE WRITTEN NOTICE.--
15 (a) Under the direction of the superintendent, a
16 designated school representative shall give written notice, in
17 person or by return-receipt mail, to the parent, guardian, or
18 other person having control when no valid reason is found for
19 a child's nonenrollment in school which requires or when the
20 child has a minimum of 3 but fewer than 6 unexcused absences
21 within 90 calendar days, requiring enrollment or attendance
22 within 3 days after the date of notice. If the notice and
23 requirement are ignored, the designated school representative
24 shall report the case to the superintendent, and may refer the
25 case to the case-staffing case staffing committee, established
26 pursuant to s. 984.12, if the conditions of s. 232.19(3) have
27 been met. The superintendent shall may take such steps as are
28 necessary to bring criminal prosecution against the parent,
29 guardian, or other person having control.
30 (b) Subsequent to the activities required under
31 subsection (1), the superintendent or his or her designee
23
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2050 First Engrossed
1 shall give written notice in person or by return-receipt mail
2 to the parent, guardian, or other person in charge of the
3 child that criminal prosecution is being sought for
4 nonattendance. The superintendent may file a truancy petition,
5 as defined in s. 984.03, following the procedures outlined in
6 s. 984.151.
7 (3) RETURN CHILD TO PARENT.--A designated school
8 representative shall visit the home or place of residence of a
9 child and any other place in which he or she is likely to find
10 any child who is required to attend school when such child is
11 not enrolled or is absent from school during school hours
12 without an excuse, and, when the child is found, shall return
13 the child to his or her parent or to the principal or teacher
14 in charge of the school, or to the private tutor from whom
15 absent, or to the juvenile assessment center or other location
16 established by the school board to receive students who are
17 absent from school. Upon receipt of the student, the parent
18 shall be immediately notified.
19 (4) REPORT TO THE DIVISION OF JOBS AND BENEFITS.--A
20 designated school representative shall report to the Division
21 of Jobs and Benefits of the Department of Labor and Employment
22 Security or to any person acting in similar capacity who may
23 be designated by law to receive such notices, all violations
24 of the Child Labor Law that may come to his or her knowledge.
25 (5) RIGHT TO INSPECT.--A designated school
26 representative shall have the same right of access to, and
27 inspection of, establishments where minors may be employed or
28 detained as is given by law to the Division of Jobs and
29 Benefits only for the purpose of ascertaining whether children
30 of compulsory school age are actually employed there and are
31 actually working there regularly. The designated school
24
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2050 First Engrossed
1 representative shall, if he or she finds unsatisfactory
2 working conditions or violations of the Child Labor Law,
3 report his or her findings to the Division of Jobs and
4 Benefits or its agents.
5 (6) RESUMING SERIES.--If a child repeats a pattern of
6 nonattendance within one school year, the designated school
7 representative shall resume the series of escalating
8 activities at the point at which he or she had previously left
9 off.
10 Section 7. Subsection (3) of section 232.19, Florida
11 Statutes, 1998 Supplement, is amended to read:
12 232.19 Court procedure and penalties.--The court
13 procedure and penalties for the enforcement of the provisions
14 of this chapter, relating to compulsory school attendance,
15 shall be as follows:
16 (3) HABITUAL TRUANCY CASES.--The superintendent is
17 authorized to file a truancy petition, as defined in s.
18 984.03, following the procedures outlined in s. 984.151. If
19 the superintendent chooses not to file a truancy petition,
20 procedures for filing a child-in-need-of-services petition
21 shall be commenced pursuant to this subsection and chapter
22 984. In accordance with procedures established by the district
23 school board, the designated school representative shall refer
24 a student who is habitually truant and the student's family to
25 the children-in-need-of-services and
26 families-in-need-of-services provider or the case staffing
27 committee, established pursuant to s. 984.12, as determined by
28 the cooperative agreement required in this section. The case
29 staffing committee may request the Department of Juvenile
30 Justice or its designee to file a child-in-need-of-services
31 petition based upon the report and efforts of the school
25
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2050 First Engrossed
1 district or other community agency or may seek to resolve the
2 truant behavior through the school or community-based
3 organizations or agencies. Prior to and subsequent to the
4 filing of a child-in-need-of-services petition due to habitual
5 truancy, the appropriate governmental agencies must allow a
6 reasonable time to complete actions required by this section
7 and s. 232.17 subsection to remedy the conditions leading to
8 the truant behavior. The following criteria must be met and
9 documented in writing Prior to the filing of a petition, the
10 school district must have complied with the requirements of s.
11 232.17, and those efforts must have been unsuccessful.:
12 (a) The child must have 15 unexcused absences within
13 90 calendar days with or without the knowledge or consent of
14 the child's parent or legal guardian, must be subject to
15 compulsory school attendance, and must not be exempt under s.
16 232.06, s. 232.09, or any other exemption specified by law or
17 the rules of the State Board of Education.
18 (b) In addition to the actions described in s. 232.17,
19 the school administration must have completed the following
20 activities to determine the cause, and to attempt the
21 remediation, of the child's truant behavior:
22 1. After a minimum of 3 and prior to 6 unexcused
23 absences within 90 calendar days, one or more meetings must
24 have been held, either in person or by phone, between a
25 designated school representative, the child's parent or
26 guardian, and the child, if necessary, to report and to
27 attempt to solve the truancy problem. However, if the
28 designated school representative has documented the refusal of
29 the parent or guardian to participate in the meetings, this
30 requirement has been met.
31
26
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2050 First Engrossed
1 2. Educational counseling must have been provided to
2 determine whether curriculum changes would help solve the
3 truancy problem, and, if any changes were indicated, such
4 changes must have been instituted but proved unsuccessful in
5 remedying the truant behavior. Such curriculum changes may
6 include enrollment of the child in a dropout prevention
7 program that meets the specific educational and behavioral
8 needs of the child, including a second chance school, as
9 provided for in s. 230.2316, designed to resolve truant
10 behavior.
11 3. Educational evaluation, which may include
12 psychological evaluation, must have been provided to assist in
13 determining the specific condition, if any, that is
14 contributing to the child's nonattendance. The evaluation
15 must have been supplemented by specific efforts by the school
16 to remedy any diagnosed condition.
17
18 If a child who is subject to compulsory school attendance is
19 responsive to the interventions described in this paragraph
20 and has completed the necessary requirements to pass the
21 current grade as indicated in the district pupil progression
22 plan, the child shall be passed.
23 Section 8. Subsection (3) of section 232.26, Florida
24 Statutes, is amended to read:
25 232.26 Authority of principal.--
26 (3) A pupil may be disciplined or expelled for
27 unlawful possession or use of any substance controlled under
28 chapter 893 upon the third violation of this provision.
29 Section 9. Subsection (3) of section 232.271, Florida
30 Statutes, is amended to read:
31 232.271 Removal by teacher.--
27
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2050 First Engrossed
1 (3) If a teacher removes a student from class under
2 subsection (2), the principal may place the student in another
3 appropriate classroom, in in-school suspension, or in a
4 dropout prevention and academic intervention program as
5 provided by s. 230.2316; or the principal may recommend the
6 student for out-of-school suspension or expulsion, as
7 appropriate. The student may be prohibited from attending or
8 participating in school-sponsored or school-related
9 activities. The principal may not return the student to that
10 teacher's class without the teacher's consent unless the
11 committee established under s. 232.272 determines that such
12 placement is the best or only available alternative. The
13 teacher and the placement review committee must render
14 decisions within 5 days of the removal of the student from the
15 classroom.
16 Section 10. Effective July 1, 1999, paragraphs (a) and
17 (c) of section 236.081, Florida Statutes, 1998 Supplement, are
18 amended to read:
19 236.081 Funds for operation of schools.--If the annual
20 allocation from the Florida Education Finance Program to each
21 district for operation of schools is not determined in the
22 annual appropriations act or the substantive bill implementing
23 the annual appropriations act, it shall be determined as
24 follows:
25 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
26 OPERATION.--The following procedure shall be followed in
27 determining the annual allocation to each district for
28 operation:
29 (a) Determination of full-time equivalent
30 membership.--During each of several school weeks, including
31 scheduled intersessions of a year-round school program during
28
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2050 First Engrossed
1 the fiscal year, a program membership survey of each school
2 shall be made by each district by aggregating the full-time
3 equivalent student membership of each program by school and by
4 district. The department shall establish the number and
5 interval of membership calculations, except that for basic and
6 special programs such calculations shall not exceed nine for
7 any fiscal year. The district's full-time equivalent
8 membership shall be computed and currently maintained in
9 accordance with regulations of the commissioner. Beginning
10 with school year 1999-2000, each school district shall also
11 document the daily attendance of each student in membership by
12 school and by district. An average daily attendance factor
13 shall be computed by dividing the total daily attendance of
14 all students by the total number of students in membership and
15 then by the number of days in the regular school year.
16 Beginning with school year 2001-2002, the district's full-time
17 equivalent membership shall be adjusted by multiplying by the
18 average daily attendance factor.
19 (c) Determination of programs.--Cost factors based on
20 desired relative cost differences between the following
21 programs shall be established in the annual General
22 Appropriations Act. The Commissioner of Education shall
23 specify a matrix of services and intensity levels to be used
24 by districts in the determination of funding support for each
25 exceptional student. The funding support level for each
26 exceptional student shall fund the exceptional student's total
27 education program.
28 1. Basic programs.--
29 a. Kindergarten and grades 1, 2, and 3.
30 b. Grades 4, 5, 6, 7, and 8.
31 c. Grades 9, 10, 11, and 12.
29
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2050 First Engrossed
1 2. Programs for exceptional students.--
2 a. Support Level I.
3 b. Support Level II.
4 c. Support Level III.
5 d. Support Level IV.
6 e. Support Level V.
7 3. Secondary career education programs.--
8 4. Students-at-risk programs.--
9 a. Department of Juvenile Justice clients Dropout
10 prevention and teenage parents.
11 b. English for Speakers of Other Languages.
12 Section 11. Paragraph (a) of subsection (4) of section
13 239.505, Florida Statutes, is amended to read:
14 239.505 Florida Constructive Youth Programs.--
15 (4) FUNDING.--Each district school board or community
16 college board of trustees wishing to implement a constructive
17 youth program must submit a comprehensive plan to the
18 Department of Education no later than October 1 of the
19 preceding school year, which plan must include a list of all
20 funding sources, including, but not limited to:
21 (a) Funds available for programs authorized under the
22 Dropout Prevention and Academic Intervention Act, as provided
23 in s. 230.2316, and Dropout prevention programs funded
24 pursuant to the provisions of s. 236.081(1)(c).
25 Section 12. Subsection (1), paragraph (b) of
26 subsection (4), and paragraphs (a) and (b) of subsection (5)
27 of section 240.529, Florida Statutes, are amended to read:
28 240.529 Public accountability and state approval for
29 teacher preparation programs.--
30 (1) INTENT.--The Legislature recognizes that skilled
31 teachers make an the most important contribution to a quality
30
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2050 First Engrossed
1 educational system that allows students to obtain a
2 high-quality education and that competent teachers are
3 produced by effective and accountable teacher preparation
4 programs. The intent of the Legislature is to establish a
5 system for development and approval of teacher preparation
6 programs that will free postsecondary teacher preparation
7 institutions to employ varied and innovative teacher
8 preparation techniques while being held accountable for
9 producing teachers with the competencies and skills for
10 achieving the state education goals of helping students meet
11 high standards for student achievement, providing safe and
12 secure classroom learning environments, and sustaining the
13 state system of school improvement and education
14 accountability established pursuant to ss. 229.591, 229.592,
15 and 229.593.
16 (4) CONTINUED PROGRAM APPROVAL.--Notwithstanding
17 subsection (3), failure by a public or nonpublic teacher
18 preparation program to meet the criteria for continued program
19 approval shall result in loss of program approval. The
20 Department of Education, in collaboration with the departments
21 and colleges of education, shall develop procedures for
22 continued program approval which document the continuous
23 improvement of program processes and graduates' performance.
24 (b) Additional criteria for continued program approval
25 for public institutions may be developed by the Education
26 Standards Commission and approved by the State Board of
27 Education. Such criteria must emphasize outcome measures of
28 student performance in the areas of classroom management and
29 improving the performance of students who have traditionally
30 failed to meet student achievement goals and have been
31 overrepresented in school suspensions and other disciplinary
31
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2050 First Engrossed
1 actions, and may include, but need not be limited to, program
2 graduates' satisfaction with training and the unit's
3 responsiveness to local school districts. Additional criteria
4 for continued program approval for nonpublic institutions
5 shall be developed in the same manner as for public
6 institutions; however, such criteria must be based upon
7 significant, objective, and quantifiable graduate performance
8 measures. Responsibility for collecting data on outcome
9 measures through survey instruments and other appropriate
10 means shall be shared by the institutions of higher education,
11 the Board of Regents, the State Board of Independent Colleges
12 and Universities, and the Department of Education. By January
13 1 of each year, the Department of Education, in cooperation
14 with the Board of Regents and the State Board of Independent
15 Colleges and Universities, shall report this information for
16 each postsecondary institution that has state-approved
17 programs of teacher education to the Governor, the
18 Commissioner of Education, the Chancellor of the State
19 University System, the President of the Senate, the Speaker of
20 the House of Representatives, all Florida postsecondary
21 teacher preparation programs, and interested members of the
22 public. This report must analyze the data and make
23 recommendations for improving teacher preparation programs in
24 the state.
25 (5) PRESERVICE FIELD EXPERIENCE.--All postsecondary
26 instructors, school district personnel and instructional
27 personnel, and school sites preparing instructional personnel
28 through preservice field experience courses and internships
29 shall meet special requirements.
30 (a) All instructors in postsecondary teacher
31 preparation programs who instruct or supervise preservice
32
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2050 First Engrossed
1 field experience courses or internships shall have at least
2 one of the following: specialized training in clinical
3 supervision; a valid professional teaching certificate
4 pursuant to ss. 231.17 and 231.24; or at least 3 years of
5 successful teaching experience in prekindergarten through
6 grade 12; or a commitment to spend periods of time specified
7 by State Board of Education rule teaching in the public
8 schools.
9 (b) All school district personnel and instructional
10 personnel who supervise or direct teacher preparation students
11 during field experience courses or internships must have
12 evidence of "clinical educator" training, successfully
13 demonstrated effective classroom management strategies, and
14 consistently improved student performance. The Education
15 Standards Commission shall recommend, and the state board
16 shall approve, the training requirements.
17 Section 13. Subsection (29) of section 984.03, Florida
18 Statutes, 1998 Supplement, is amended, present subsection (57)
19 of that section is redesignated as subsection (58), and a new
20 subsection (57) is added to that section, to read:
21 984.03 Definitions.--When used in this chapter, the
22 term:
23 (29) "Habitually truant" means that:
24 (a) The child has 15 unexcused absences within 90
25 calendar days with or without the knowledge or justifiable
26 consent of the child's parent or legal guardian, is subject to
27 compulsory school attendance under s. 232.01, and is not
28 exempt under s. 232.06, s. 232.09, or any other exemptions
29 specified by law or the rules of the State Board of Education.
30
31
33
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2050 First Engrossed
1 (b) Escalating Activities to determine the cause, and
2 to attempt the remediation, of the child's truant behavior
3 under ss. 232.17 and 232.19 have been completed.
4
5 If a child who is subject to compulsory school attendance is
6 responsive to the interventions described in ss. 232.17 and
7 232.19 and has completed the necessary requirements to pass
8 the current grade as indicated in the district pupil
9 progression plan, the child shall not be determined to be
10 habitually truant and shall be passed. If a child within the
11 compulsory school attendance age has 15 unexcused absences
12 within 90 calendar days or fails to enroll in school, the
13 State Attorney may, or the appropriate jurisdictional agency
14 shall, file a child-in-need-of-services petition if
15 recommended by the case-staffing committee, unless it is
16 determined that another alternative action is preferable.
17 Prior to filing a petition, the child must be referred to the
18 appropriate agency for evaluation. After consulting with the
19 evaluating agency, the State Attorney may elect to file a
20 child-in-need-of-services petition.
21 (c) A school representative, designated according to
22 school board policy, and a juvenile probation officer of the
23 Department of Juvenile Justice have jointly investigated the
24 truancy problem or, if that was not feasible, have performed
25 separate investigations to identify conditions that may be
26 contributing to the truant behavior; and if, after a joint
27 staffing of the case to determine the necessity for services,
28 such services were determined to be needed, the persons who
29 performed the investigations met jointly with the family and
30 child to discuss any referral to appropriate community
31 agencies for economic services, family or individual
34
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2050 First Engrossed
1 counseling, or other services required to remedy the
2 conditions that are contributing to the truant behavior.
3 (d) The failure or refusal of the parent or legal
4 guardian or the child to participate, or make a good faith
5 effort to participate, in the activities prescribed to remedy
6 the truant behavior, or the failure or refusal of the child to
7 return to school after participation in activities required by
8 this subsection, or the failure of the child to stop the
9 truant behavior after the school administration and the
10 Department of Juvenile Justice have worked with the child as
11 described in s. 232.19(3) and (4) shall be handled as
12 prescribed in s. 232.19.
13 (57) "Truancy petition" means a petition filed by the
14 school superintendent alleging that a student subject to
15 compulsory school attendance has had more than 15 unexcused
16 absences in a 90-calendar-day period. A truancy petition is
17 filed and processed under s. 984.151.
18 Section 14. Section 984.151, Florida Statutes, is
19 created to read:
20 984.151 Truancy petition; prosecution; disposition.--
21 (1) If the school determines that a student subject to
22 compulsory school attendance has had more than 15 unexcused
23 absences in a 90-calendar-day period, the superintendent may
24 file a truancy petition.
25 (2) The petition shall be filed in the circuit where
26 the student is enrolled in school.
27 (3) Original jurisdiction to hear a truancy petition
28 shall be in the circuit court; however, the circuit court may
29 use a general or special master pursuant to Supreme Court
30 rules.
31
35
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2050 First Engrossed
1 (4) The petition must contain the following: the
2 name, age, and address of the student; the name and address of
3 the student's parent or guardian; the school where the student
4 is enrolled; the efforts the school has made to get the
5 student to attend school; the number of out-of-school contacts
6 between the school system and student's parent or guardian;
7 and the number of days and dates of days the student has
8 missed school. The petition shall be sworn to by the
9 superintendent or his or her designee.
10 (5) Once the petition is filed, the court shall hear
11 the petition within 30 days.
12 (6) The student and the student's parent or guardian
13 shall attend the hearing.
14 (7) If the court determines that the student did miss
15 any of the alleged days, the court shall order the student to
16 attend school and the parent to ensure that the student
17 attends school, and may order any of the following: the
18 student to participate in alternative sanctions to include
19 mandatory attendance at alternative classes to be followed by
20 mandatory community services hours for a period up to 6
21 months; the student and the student's parent or guardian to
22 participate in homemaker or parent aide services; the student
23 or the student's parent or guardian to participate in
24 intensive crisis counseling; the student or the student's
25 parent or guardian to participate in community mental health
26 services if available and applicable; the student and the
27 student's parent or guardian to participate in service
28 provided by voluntary or community agencies as available; and
29 the student or the student's parent or guardian to participate
30 in vocational, job training, or employment services.
31
36
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 2050 First Engrossed
1 (8) If the student does not successfully complete the
2 sanctions ordered in subsection (7), the case shall be
3 referred to the case staffing committee under s. 984.12 with a
4 recommendation to file a child-in-need-of-services petition
5 under s. 984.15.
6 Section 15. Except as otherwise provided in this act,
7 this act shall take effect upon becoming a law.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
37