House Bill 0755

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    Florida House of Representatives - 1999                 HB 755

        By Representative Melvin






  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 priorities for school districts projecting

  7         FTE for certain dropout prevention programs;

  8         specifying the elements of dropout prevention

  9         programs; specifying additional contents for

10         the education program; requiring students in

11         grades 1-12 to be eligible for dropout

12         prevention programs; providing for applications

13         by school districts to the Department of

14         Education for grants to operate second chance

15         schools; establishing grant and program

16         requirements; providing for the generation of

17         operating funds through programs of the Florida

18         Education Finance Program; providing new

19         requirements for students seeking to reenter

20         traditional schools; amending s. 231.085, F.S.;

21         requiring principals to ensure the accuracy and

22         timeliness of school reports; requiring

23         principals to provide staff training

24         opportunities; amending s. 231.17, F.S.;

25         providing for additional minimum competencies

26         for professional certification for certain

27         educators; creating s. 232.001, F.S.; allowing

28         the Manatee County District School Board and

29         certain other district school boards to

30         implement pilot projects to raise the

31         compulsory age of attendance for children;

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  1         providing requirements for school boards that

  2         choose to participate in pilot projects;

  3         providing for the applicability of state law

  4         and State Board of Education rule; providing an

  5         exception from the provisions relating to a

  6         declaration of intent to terminate school

  7         enrollment; requiring a study; amending s.

  8         232.17, F.S.; providing legislative findings;

  9         placing responsibility on school district

10         superintendents for enforcing attendance;

11         establishing requirements for school board

12         policies; revising the current steps for

13         enforcing regular school attendance; requiring

14         public schools to follow the steps;

15         establishing the requirements for school

16         principals, primary teachers, child study

17         teams, and parents; providing for parents to

18         appeal; allowing the superintendent to seek

19         criminal prosecution for parental

20         noncompliance; requiring the superintendent to

21         file certain petitions involving ungovernable

22         children in certain circumstances; requiring

23         the superintendent to provide the court with

24         certain evidence; allowing for court

25         enforcement for children who refuse to comply;

26         revising the notice requirements to parents,

27         guardians, or others; eliminating a current

28         condition for notice; eliminating the option

29         for referral to case staffing committees;

30         requiring the superintendent to take steps to

31         bring about criminal prosecution and requiring

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  1         related notice; allowing for the return of

  2         absent children to additional locations;

  3         requiring parental notification; amending s.

  4         232.19, F.S., relating to habitual truancy;

  5         requiring that a court order for school

  6         attendance be obtained as a part of services;

  7         revising the requirements that must be met

  8         prior to filing a petition; amending s. 232.26,

  9         F.S.; removing a limitation on the principal's

10         authority to discipline or expel pupils for

11         unlawful possession or use of controlled

12         substances under chapter 893, F.S.; amending s.

13         240.529, F.S.; providing additional legislative

14         intent related to teacher preparation programs;

15         providing for the required college entrance

16         examination score for admission into an

17         approved teacher preparation program; providing

18         the criteria for continued program approval;

19         providing for the requirements for instructors

20         in postsecondary teacher preparation programs

21         who instruct or supervise preservice field

22         experience courses or internships; eliminating

23         the requirement related to a commitment to

24         teaching in the public schools for a period of

25         time; providing additional requirements for

26         school district and instructional personnel who

27         supervise or direct certain teacher preparation

28         students; amending s. 984.03, F.S.; redefining

29         the term "habitual truant"; requiring the state

30         attorney to file a child-in-need-of-services

31         petition in certain circumstances; eliminating

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  1         the requirement for referral for evaluation;

  2         providing an effective date.

  3         WHEREAS, the voters of the State of Florida, in the

  4  1998 General Election, amended Article IX, section 1, of the

  5  Florida Constitution to state that, "Adequate provision shall

  6  be made by law for a ...safe, secure, and high quality system

  7  of free public schools...," and

  8         WHEREAS, House Bill 1309, a comprehensive school safety

  9  and discipline package, was enacted by the Legislature in the

10  1997 Session, addressing dropouts, habitual truancy, zero

11  tolerance for crime, drugs, alcohol, and weapons, alternative

12  placement of disruptive students, and cooperative agreements

13  with local law enforcement for crime reporting, and

14         WHEREAS, the Legislature annually provides for

15  safe-schools appropriations to be used for after school

16  programs for middle school students, alternative programs for

17  adjudicated youth, school resource officers, and conflict

18  resolution strategies, and

19         WHEREAS, the enhancement of school safety should be

20  measured as an element of school performance and

21  accountability and improved crime and incident reporting, as

22  well as a heightened emphasis on character education in the

23  curriculum of the early grades, NOW, THEREFORE,

24

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

26

27         Section 1.  Paragraph (a) of subsection (16) of section

28  230.23, Florida Statutes, 1998 Supplement, is amended to read:

29         230.23  Powers and duties of school board.--The school

30  board, acting as a board, shall exercise all powers and

31  perform all duties listed below:

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  1         (16)  IMPLEMENT SCHOOL IMPROVEMENT AND

  2  ACCOUNTABILITY.--Maintain a system of school improvement and

  3  education accountability as provided by statute and State

  4  Board of Education rule. This system of school improvement and

  5  education accountability shall be consistent with, and

  6  implemented through, the district's continuing system of

  7  planning and budgeting required by this section and ss.

  8  229.555 and 237.041. This system of school improvement and

  9  education accountability shall include, but not be limited to,

10  the following:

11         (a)  School improvement plans.--Annually approve and

12  require implementation of a new, amended, or continuation

13  school improvement plan for each school in the district.  Such

14  plan shall be designed to achieve the state education goals

15  and student performance standards pursuant to ss. 229.591(3)

16  and 229.592. Beginning in 1999-2000, each plan shall also

17  address issues relative to budget, training, instructional

18  materials, technology, staffing, student support services,

19  specific school safety and discipline strategies, and other

20  matters of resource allocation, as determined by school board

21  policy.

22         Section 2.  Subsection (3) of section 230.2316, Florida

23  Statutes, 1998 Supplement, is amended to read:

24         230.2316  Dropout prevention.--

25         (3)  STUDENT ELIGIBILITY AND PROGRAM CRITERIA.--

26         (a)  The priorities for districts projecting FTE for

27  dropout prevention programs, other than those serving students

28  in residential and nonresidential programs operated or

29  contracted by the Department of Juvenile Justice, must be as

30  follows:

31

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  1         1.  The first priority must be to address students who

  2  are at risk of dropping out due to repeated disruptive

  3  behavior, violent behavior, or delinquent behavior. The school

  4  district must include, as an indicator of need, recommended

  5  strategies to reduce disruptive and violent behavior as

  6  identified in school improvement plans. School districts must

  7  project the number of FTE's for which alternatives are

  8  required as a solution.  It is the intent of the Legislature

  9  to fund these FTE's prior to those projected in dropout

10  prevention for other purposes.

11         2.  The second priority must be to implement intensive

12  instruction programs within alternative settings for students

13  who fail to meet promotion requirements and require either

14  intensive instruction in selected subject areas or a more

15  structured learning environment in order to achieve

16  satisfactorily.

17         3.  The third priority must be for students who are at

18  risk of dropping out due to other factors as identified by the

19  district.

20         (b)(a)  Dropout prevention programs shall differ from

21  traditional education programs and schools in scheduling,

22  administrative structure, philosophy, curriculum, or setting

23  and shall employ alternative teaching methodologies,

24  curricula, learning activities, and or diagnostic and

25  assessment procedures in order to meet the needs, interests,

26  abilities, and talents of eligible students. The educational

27  program shall provide curricula, character education, and

28  related services which support the program goals and lead to

29  completion of a high school diploma. Student participation in

30  such programs shall be voluntary. Districts may, however,

31  assign students to a program for disruptive students. The

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  1  minimum period of time during which the student participates

  2  in the program shall be equivalent to two instructional

  3  periods per day unless the program utilizes a student support

  4  and assistance component rather than regularly scheduled

  5  courses.

  6         (c)(b)  Students in grades 1-12 4-12 shall be eligible

  7  for dropout prevention programs. Eligible dropout prevention

  8  students shall be reported for dropout prevention full-time

  9  equivalent student membership in the Florida Education Finance

10  Program in standard dropout prevention classes or student

11  support and assistance components which provide academic

12  assistance and coordination of support services to students

13  enrolled full time in a regular classroom. The student support

14  and assistance component shall include auxiliary services

15  provided to students or teachers, or both. Students

16  participating in this model shall generate funding only for

17  the time that they receive extra services or auxiliary help.

18         (d)(c)  A student shall be identified as being a

19  potential dropout based upon one of the following criteria:

20         1.  The student has shown a lack of motivation in

21  school through grades which are not commensurate with

22  documented ability levels or high absenteeism or habitual

23  truancy as defined in s. 228.041(28).

24         2.  The student has not been successful in school as

25  determined by retentions, failing grades, or low achievement

26  test scores and has needs and interests that cannot be met

27  through traditional programs.

28         3.  The student has been identified as a potential

29  school dropout by student services personnel using district

30  criteria. District criteria that are used as a basis for

31  student referral to an educational alternatives program shall

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  1  identify specific student performance indicators that the

  2  educational alternative program seeks to address.

  3         4.  The student has documented drug-related or

  4  alcohol-related problems, or has immediate family members with

  5  documented drug-related or alcohol-related problems that

  6  adversely affect the student's performance in school.

  7         5.  The student has a history of disruptive behavior in

  8  school or has committed an offense that warrants out-of-school

  9  suspension or expulsion from school according to the district

10  code of student conduct. For the purposes of this program,

11  "disruptive behavior" is behavior that:

12         a.  Interferes with the student's own learning or the

13  educational process of others and requires attention and

14  assistance beyond that which the traditional program can

15  provide or results in frequent conflicts of a disruptive

16  nature while the student is under the jurisdiction of the

17  school either in or out of the classroom; or

18         b.  Severely threatens the general welfare of students

19  or others with whom the student comes into contact.

20         6.  The student is assigned to a program provided

21  pursuant to chapter 39, chapter 984, or chapter 985 which is

22  sponsored by a state-based or community-based agency or is

23  operated or contracted for by the Department of Children and

24  Family Services or the Department of Juvenile Justice.

25         (e)(d)1.  "Second chance schools" means school district

26  programs provided through cooperative agreements between the

27  Department of Juvenile Justice, private providers, state or

28  local law enforcement agencies, or other state agencies for

29  students who have been disruptive or violent or who have

30  committed serious offenses.  As partnership programs, second

31  chance schools are eligible for waivers by the Commissioner of

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  1  Education from chapters 230-235 and 239 and State Board of

  2  Education rules that prevent the provision of appropriate

  3  educational services to violent, severely disruptive, or

  4  delinquent students in small nontraditional settings or in

  5  court-adjudicated settings.

  6         2.  School districts seeking to enter into a

  7  partnership with a private entity to operate a second chance

  8  school for disruptive students may apply to the Department of

  9  Education for start-up grants from the Department of

10  Education. These grants must be available for 1 year and must

11  be used to offset the start-up costs for implementing such

12  programs off public school campuses. General operating funds

13  must be generated through the appropriate programs of the

14  Florida Education Finance Program. Grants approved under this

15  program shall be for the full operation of the school by a

16  private nonprofit or for-profit provider. This program must

17  operate under rules adopted by the Department of Education and

18  must be implemented to the extent funded by the Legislature.

19         3.2.  A student enrolled in a sixth, seventh, eighth,

20  ninth, or tenth grade class may be assigned to a second chance

21  school if the student meets the following criteria:

22         a.  The student is a habitual truant as defined in s.

23  228.041(28).

24         b.  The student's excessive absences have detrimentally

25  affected the student's academic progress and the student may

26  have unique needs that a traditional school setting may not

27  meet.

28         c.  The student's high incidences of truancy have been

29  directly linked to a lack of motivation.

30         d.  The student has been identified as at risk of

31  dropping out of school.

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  1         4.3.  A student who is habitually truant may be

  2  assigned to a second chance school only if the case staffing

  3  committee, established pursuant to s. 984.12, determines that

  4  such placement could be beneficial to the student and the

  5  criteria included in subparagraph 2. are met.

  6         5.4.  A student may be assigned to a second chance

  7  school if the school district in which the student resides has

  8  a second chance school and if the student meets one of the

  9  following criteria:

10         a.  The student habitually exhibits disruptive behavior

11  in violation of the code of student conduct adopted by the

12  school board.

13         b.  The student interferes with the student's own

14  learning or the educational process of others and requires

15  attention and assistance beyond that which the traditional

16  program can provide, or, while the student is under the

17  jurisdiction of the school either in or out of the classroom,

18  frequent conflicts of a disruptive nature occur.

19         c.  The student has committed a serious offense which

20  warrants suspension or expulsion from school according to the

21  district code of student conduct.  For the purposes of this

22  program, "serious offense" is behavior which:

23         (I)  Threatens the general welfare of students or

24  others with whom the student comes into contact;

25         (II)  Includes violence;

26         (III)  Includes possession of weapons or drugs; or

27         (IV)  Is harassment or verbal abuse of school personnel

28  or other students.

29         6.5.  Prior to assignment of students to second chance

30  schools, school boards are encouraged to use alternative

31  programs, such as in-school suspension, which provide

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  1  instruction and counseling leading to improved student

  2  behavior, a reduction in the incidence of truancy, and the

  3  development of more effective interpersonal skills.

  4         7.6.  Students assigned to second chance schools must

  5  be evaluated by the school's local child study team before

  6  placement in a second chance school. The study team shall

  7  ensure that students are not eligible for placement in a

  8  program for emotionally disturbed children.

  9         8.7.  Students who exhibit academic and social progress

10  and who wish to return to a traditional school shall complete

11  a character-education program and demonstrate preparedness to

12  reenter the regular school setting be evaluated by school

13  district personnel prior to reentering a traditional school.

14         9.8.  Second chance schools shall be funded at the

15  dropout prevention program weight pursuant to s. 236.081 and

16  may receive school safety funds or other funds as appropriate.

17         Section 3.  Section 231.085, Florida Statutes, is

18  amended to read:

19         231.085  Duties of principals.--A district school board

20  shall employ, through written contract, public school

21  principals who shall supervise the operation and management of

22  the schools and property as the board determines necessary.

23  Each principal shall perform such duties as may be assigned by

24  the superintendent pursuant to the rules of the school board.

25  Such rules shall include, but not be limited to, rules

26  relating to administrative responsibility, instructional

27  leadership of the educational program of the school to which

28  the principal is assigned, submission of personnel

29  recommendations to the superintendent, administrative

30  responsibility for records and reports, administration of

31  corporal punishment, and student suspension.  Each principal

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  1  shall provide leadership in the development or revision and

  2  implementation of a school improvement plan pursuant to s.

  3  230.23(16). Each principal must make the necessary provisions

  4  to ensure that all school reports are accurate and timely, and

  5  must provide the necessary training opportunities for staff to

  6  accurately report attendance, FTE program participation,

  7  student performance, teacher appraisal, and school safety and

  8  discipline data.

  9         Section 4.  Paragraph (a) of subsection (5) of section

10  231.17, Florida Statutes, 1998 Supplement, is amended to read:

11         231.17  Official statements of eligibility and

12  certificates granted on application to those meeting

13  prescribed requirements.--

14         (5)  MINIMUM COMPETENCIES FOR PROFESSIONAL

15  CERTIFICATE.--

16         (a)  The state board must specify, by rule, the minimum

17  essential competencies that educators must possess and

18  demonstrate in order to qualify to teach students the

19  standards of student performance adopted by the state board.

20  The minimum competencies must include but are not limited to

21  the ability to:

22         1.  Write in a logical and understandable style with

23  appropriate grammar and sentence structure.

24         2.  Read, comprehend, and interpret professional and

25  other written material.

26         3.  Comprehend and work with fundamental mathematical

27  concepts.

28         4.  Recognize signs of severe emotional distress in

29  students and apply techniques of crisis intervention with an

30  emphasis on suicide prevention and positive emotional

31  development.

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  1         5.  Recognize signs of alcohol and drug abuse in

  2  students and apply counseling techniques with emphasis on

  3  intervention and prevention of future abuse.

  4         6.  Recognize the physical and behavioral indicators of

  5  child abuse and neglect, know rights and responsibilities

  6  regarding reporting, know how to care for a child's needs

  7  after a report is made, and know recognition, intervention,

  8  and prevention strategies pertaining to child abuse and

  9  neglect which can be related to children in a classroom

10  setting in a nonthreatening, positive manner.

11         7.  Comprehend patterns of physical, social, and

12  academic development in students, including exceptional

13  students in the regular classroom, and counsel these students

14  concerning their needs in these areas.

15         8.  Recognize and be aware of the instructional needs

16  of exceptional students.

17         9.  Comprehend patterns of normal development in

18  students and employ appropriate intervention strategies for

19  disorders of development.

20         10.  Identify and comprehend the codes and standards of

21  professional ethics, performance, and practices adopted

22  pursuant to s. 231.546(2)(b), the grounds for disciplinary

23  action provided by s. 231.28, and the procedures for resolving

24  complaints filed pursuant to this chapter, including appeal

25  processes.

26         11.  Recognize and demonstrate awareness of the

27  educational needs of students who have limited proficiency in

28  English and employ appropriate teaching strategies.

29         12.  Use appropriate technology in teaching and

30  learning processes.

31

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  1         13.  Use assessment strategies to assist the continuous

  2  development of the learner.

  3         14.  Use teaching and learning strategies that include

  4  considering each student's culture, learning styles, special

  5  needs, and socioeconomic background.

  6         15.  Demonstrate knowledge and understanding of the

  7  subject matter that is aligned with the subject knowledge and

  8  skills specified in the student performance standards approved

  9  by the state board.

10         16.  Demonstrate knowledge and skill in managing

11  student behavior inside and outside a classroom setting. Such

12  knowledge and skill must include techniques for preventing and

13  effectively intervening in incidents of disruptive or violent

14  behavior.

15         17.  Recognize the early signs of truancy in students

16  and identify effective interventions to avoid or resolve

17  nonattendance behavior.

18         Section 5.  Section 232.001, Florida Statutes, is

19  created to read:

20         232.001 Pilot projects.--It is the purpose of this

21  section to authorize the Manatee County District School Board

22  and two other district school boards to implement pilot

23  projects that raise the compulsory age of attendance for

24  children from the age of 16 years to 18 years. The pilot

25  project applies to each child who has not attained the age of

26  16 years by September 30 of the school year in which a school

27  board policy is adopted.

28         (1)  Beginning July 1, 1999, the Manatee County

29  District School Board and each of the district school boards

30  in two other school districts as identified in the General

31  Appropriations Act may implement a pilot project consistent

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  1  with policy adopted by each of the school boards to raise the

  2  compulsory age of attendance for children from the age of 16

  3  years to 18 years.

  4         (2)  Before the beginning of the school year, each

  5  district school board that chooses to participate in the pilot

  6  project must adopt a policy for raising the compulsory age of

  7  attendance for children from the age of 16 years to 18 years.

  8         (a)  Before the adoption of the policy, each district

  9  school board must provide a notice of intent to adopt a policy

10  to raise the compulsory age of attendance for children from

11  the age of 16 years to 18 years. The notice must be provided

12  to the parent or legal guardian of each child who is the age

13  of 15 years and who is enrolled in a school in the district.

14         (b)  Within 2 weeks after adoption of the school board

15  policy, each district school board must provide notice of the

16  policy to the parent or legal guardian of each child who is

17  the age of 15 years and who is enrolled in a school in the

18  district. The notice must also provide information related to

19  the penalties for refusing or failing to comply with the

20  compulsory attendance requirements and information on

21  alternative education programs offered within the school

22  district.

23         (3)  All state laws and State Board of Education rules

24  related to students subject to compulsory school attendance

25  apply to a district school board that chooses to participate

26  in a pilot project. Notwithstanding the provisions of s.

27  232.01, the formal declaration of intent to terminate school

28  enrollment does not apply to a district school board that

29  chooses to participate in a pilot project.

30         (4)  Each district school board that chooses to

31  participate in the pilot project must evaluate the effect of

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  1  the adopted school board policy for raising the compulsory age

  2  of attendance on school attendance and the school district's

  3  dropout rate, as well as the costs associated with the pilot

  4  project. Each school district shall report the findings to the

  5  President of the Senate, the Speaker of the House of

  6  Representatives, the minority leader of each house, the

  7  Governor, and the Commissioner of Education not later than

  8  August 1 following each year that the pilot project is in

  9  operation.

10         Section 6.  Section 232.17, Florida Statutes, 1998

11  Supplement, is amended to read:

12         232.17  Enforcement of school attendance.--The

13  Legislature finds that poor academic performance is associated

14  with nonattendance and that schools must take an active role

15  in enforcing attendance as a means of improving the

16  performance of many students. It is the policy of the state

17  that the superintendent of each school district be responsible

18  for enforcing school attendance of all children and youth

19  subject to the compulsory school age in the school district.

20  The responsibility includes recommending to the school board

21  policies and procedures to ensure that schools respond in a

22  timely manner to every absence of students enrolled in the

23  schools. School board policies must require each parent or

24  guardian of a student to justify each absence of the student,

25  and that justification will be evaluated based on adopted

26  school board policies that define excused and unexcused

27  absences. The policies must provide that schools track excused

28  and unexcused absences and contact the home in the case of

29  absence from school to prevent the development of patterns of

30  nonattendance. The Legislature finds that early intervention

31  in school attendance matters is the most effective way of

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  1  producing good attendance habits that will lead to improved

  2  student learning and achievement. Each public school shall

  3  implement the following steps to enforce regular school

  4  attendance:

  5         (1)  CONTACT, REFER, AND ENFORCE.--

  6         (a)  Upon each absence, the school principal or his or

  7  her designee shall contact the home to determine the reason

  8  for the absence. If the absence is an excused absence, as

  9  defined by school board policy, the school shall provide

10  opportunities for the student to make up assigned work and not

11  receive an academic penalty unless the work is not made up

12  within a reasonable time.

13         (b)  If a student has had at least five absences within

14  a calendar month or ten absences within a 90 day period, the

15  student's primary teacher shall report to the school principal

16  or his or her designee that the student may be exhibiting a

17  pattern of nonattendance. The principal shall, unless there is

18  clear evidence that the absences are not a pattern of

19  nonattendance, refer the case to the school's child study team

20  to determine if early patterns of truancy are developing. If

21  the child study team finds that a pattern of nonattendance is

22  developing, whether the absences are excused or not, a meeting

23  with the parent must be scheduled to identify potential

24  remedies.

25         (c)  If an initial meeting does not resolve the

26  problem, the child study team shall implement interventions

27  that best address the problem. The interventions may include,

28  but need not be limited to:

29         1.  Frequent communication between the teacher and the

30  family;

31         2.  Changes in the learning environment;

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  1         3.  Mentoring;

  2         4.  Student counseling;

  3         5.  Tutoring, including peer tutoring;

  4         6.  Placement into different classes;

  5         7.  Evaluation for alternative education programs;

  6         8.  Attendance contracts;

  7         9.  Referral to other agencies for family services; or

  8         10.  Other interventions.

  9         (d)  The child study team shall be diligent in

10  facilitating intervention services and shall report the case

11  to the superintendent only when all reasonable efforts to

12  resolve the nonattendance behavior are exhausted.

13         (e)  If the parent, guardian, or other person in charge

14  of the child refuses to participate in the remedial strategies

15  because he or she believes that those strategies are

16  unnecessary or inappropriate, the parent, guardian, or other

17  person in charge of the child may appeal to the school board.

18  The school board shall provide a hearing officer and the

19  hearing officer shall make the final determination for the

20  board. If the determination is that the strategies of the

21  child study team are appropriate, and the parent, guardian, or

22  other person in charge of the child still refuses to

23  participate or cooperate, the superintendent may seek criminal

24  prosecution for noncompliance with compulsory school

25  attendance.

26         (f)  If the parent, guardian, or other person in charge

27  of the child reports to the child study team or other

28  designated school representative that the child subject to

29  compulsory school attendance is ungovernable and will not

30  comply with attempts to enforce school attendance, then the

31  superintendent shall file a child-in-need-of-services petition

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  1  or family-in-need-of-services petition seeking services from

  2  the Department of Juvenile Justice and a court order to attend

  3  school. The superintendent shall provide evidence to the court

  4  that the school system is prepared to provide a learning

  5  environment for the student that is responsive to the

  6  student's learning needs and that all reasonable efforts to

  7  resolve the nonattendance behavior have been exhausted. The

  8  court may enforce a contempt of court order if the child

  9  refuses to comply. Pursuant to procedures established by the

10  district school board, a designated school representative must

11  complete activities designed to determine the cause and

12  attempt the remediation of truant behavior, as provided in

13  this section.

14         (1)  INVESTIGATE NONENROLLMENT AND UNEXCUSED

15  ABSENCES.--A designated school representative shall

16  investigate cases of nonenrollment and unexcused absences from

17  school of all children subject to compulsory school

18  attendance.

19         (2)  GIVE WRITTEN NOTICE.--

20         (a)  Under the direction of the superintendent, a

21  designated school representative shall give written notice, in

22  person or by return-receipt mail, to the parent, guardian, or

23  other person having control when no valid reason is found for

24  a child's nonenrollment in school which requires or when the

25  child has a minimum of 3 but fewer than 6 unexcused absences

26  within 90 calendar days, requiring enrollment or attendance

27  within 3 days after the date of notice. If the notice and

28  requirement are ignored, the designated school representative

29  shall report the case to the superintendent, and may refer the

30  case to the case staffing committee, established pursuant to

31  s. 984.12, if the conditions of s. 232.19(3) have been met.

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  1  the superintendent shall may take such steps as are necessary

  2  to bring criminal prosecution against the parent, guardian, or

  3  other person having control.

  4         (b)  The superintendent or his or her designee shall

  5  give written notice in person or by return-receipt mail to the

  6  parent, guardian, or other person in charge of the child that

  7  criminal prosecution is being sought for nonattendance.

  8         (3)  RETURN CHILD TO PARENT.--A designated school

  9  representative shall visit the home or place of residence of a

10  child and any other place in which he or she is likely to find

11  any child who is required to attend school when such child is

12  not enrolled or is absent from school during school hours

13  without an excuse, and, when the child is found, shall return

14  the child to his or her parent or to the principal or teacher

15  in charge of the school, or to the private tutor from whom

16  absent, or to the juvenile assessment center or other location

17  established by the school board to receive students who are

18  absent from school. Upon receipt of the student, the parent

19  shall be immediately notified.

20         (4)  REPORT TO THE DIVISION OF JOBS AND BENEFITS.--A

21  designated school representative shall report to the Division

22  of Jobs and Benefits of the Department of Labor and Employment

23  Security or to any person acting in similar capacity who may

24  be designated by law to receive such notices, all violations

25  of the Child Labor Law that may come to his or her knowledge.

26         (5)  RIGHT TO INSPECT.--A designated school

27  representative shall have the same right of access to, and

28  inspection of, establishments where minors may be employed or

29  detained as is given by law to the Division of Jobs and

30  Benefits only for the purpose of ascertaining whether children

31  of compulsory school age are actually employed there and are

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  1  actually working there regularly. The designated school

  2  representative shall, if he or she finds unsatisfactory

  3  working conditions or violations of the Child Labor Law,

  4  report his or her findings to the Division of Jobs and

  5  Benefits or its agents.

  6         (6)  RESUMING SERIES.--If a child repeats a pattern of

  7  nonattendance within one school year, the designated school

  8  representative shall resume the series of escalating

  9  activities at the point at which he or she had previously left

10  off.

11         Section 7.  Subsection (3) of section 232.19, Florida

12  Statutes, 1998 Supplement, is amended to read:

13         232.19  Court procedure and penalties.--The court

14  procedure and penalties for the enforcement of the provisions

15  of this chapter, relating to compulsory school attendance,

16  shall be as follows:

17         (3)  HABITUAL TRUANCY CASES.--In accordance with

18  procedures established by the district school board, the

19  designated school representative shall refer a student who is

20  habitually truant and the student's family to the

21  children-in-need-of-services and families-in-need-of-services

22  provider or the case staffing committee, established pursuant

23  to s. 984.12, as determined by the cooperative agreement

24  required in this section.  The case staffing committee may

25  request the Department of Juvenile Justice or its designee to

26  file a child-in-need-of-services petition based upon the

27  report and efforts of the school district or other community

28  agency or may seek to resolve the truant behavior through the

29  school or community-based organizations or agencies. Prior to

30  and subsequent to the filing of a child-in-need-of-services

31  petition due to habitual truancy, the appropriate governmental

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  1  agencies must allow a reasonable time to complete actions

  2  required by this subsection to remedy the conditions leading

  3  to the truant behavior. However, a court order requiring

  4  school attendance shall be obtained as a necessary part of

  5  such services. The following criteria must be met and

  6  documented in writing Prior to the filing of a petition, the

  7  school district must have complied with the requirements of s.

  8  232.17, and those efforts must have been unsuccessful.:

  9         (a)  The child must have 15 unexcused absences within

10  90 calendar days with or without the knowledge or consent of

11  the child's parent or legal guardian, must be subject to

12  compulsory school attendance, and must not be exempt under s.

13  232.06, s. 232.09, or any other exemption specified by law or

14  the rules of the State Board of Education.

15         (b)  In addition to the actions described in s. 232.17,

16  the school administration must have completed the following

17  activities to determine the cause, and to attempt the

18  remediation, of the child's truant behavior:

19         1.  After a minimum of 3 and prior to 6 unexcused

20  absences within 90 calendar days, one or more meetings must

21  have been held, either in person or by phone, between a

22  designated school representative, the child's parent or

23  guardian, and the child, if necessary, to report and to

24  attempt to solve the truancy problem. However, if the

25  designated school representative has documented the refusal of

26  the parent or guardian to participate in the meetings, this

27  requirement has been met.

28         2.  Educational counseling must have been provided to

29  determine whether curriculum changes would help solve the

30  truancy problem, and, if any changes were indicated, such

31  changes must have been instituted but proved unsuccessful in

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  1  remedying the truant behavior. Such curriculum changes may

  2  include enrollment of the child in a dropout prevention

  3  program that meets the specific educational and behavioral

  4  needs of the child, including a second chance school, as

  5  provided for in s. 230.2316, designed to resolve truant

  6  behavior.

  7         3.  Educational evaluation, which may include

  8  psychological evaluation, must have been provided to assist in

  9  determining the specific condition, if any, that is

10  contributing to the child's nonattendance.  The evaluation

11  must have been supplemented by specific efforts by the school

12  to remedy any diagnosed condition.

13

14  If a child who is subject to compulsory school attendance is

15  responsive to the interventions described in this paragraph

16  and has completed the necessary requirements to pass the

17  current grade as indicated in the district pupil progression

18  plan, the child shall be passed.

19         Section 8.  Subsection (3) of section 232.26, Florida

20  Statutes, is amended to read:

21         232.26  Authority of principal.--

22         (3)  A pupil may be disciplined or expelled for

23  unlawful possession or use of any substance controlled under

24  chapter 893 upon the third violation of this provision.

25         Section 9.  Subsection (1), paragraph (b) of subsection

26  (3), paragraph (b) of subsection (4), and paragraphs (a) and

27  (b) of subsection (5) of section 240.529, Florida Statutes,

28  are amended to read:

29         240.529  Public accountability and state approval for

30  teacher preparation programs.--

31

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  1         (1)  INTENT.--The Legislature recognizes that skilled

  2  teachers make the most important contribution to a quality

  3  educational system and that competent teachers are produced by

  4  effective and accountable teacher preparation programs. The

  5  intent of the Legislature is to establish a system for

  6  development and approval of teacher preparation programs that

  7  will free postsecondary teacher preparation institutions to

  8  employ varied and innovative teacher preparation techniques

  9  while being held accountable for producing teachers with the

10  competencies and skills for achieving the state education

11  goals of helping students meet high standards for student

12  achievement, providing safe and secure classroom learning

13  environments, and sustaining the state system of school

14  improvement and education accountability established pursuant

15  to ss. 229.591, 229.592, and 229.593.

16         (3)  INITIAL STATE PROGRAM APPROVAL.--

17         (b)  Each teacher preparation program approved by the

18  Department of Education, as provided for by this section,

19  shall require one of the following as a prerequisite for

20  admission into the program:

21         1.  That a student receive a passing score at the 50th

22  40th percentile or above, as established by state board rule,

23  on a nationally standardized college entrance examination;

24         2.  That a student have a grade point average of at

25  least 2.5 on a 4.0 scale for the general education component

26  of undergraduate studies; or

27         3.  That a student have completed the requirements for

28  a baccalaureate degree from any college or university

29  accredited by a regional accrediting association as defined by

30  state board rule.

31

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  1  The State Board of Education shall provide by rule for a

  2  waiver of these requirements. The rule shall require that 90

  3  percent of those admitted to each teacher education program

  4  meet the requirements of this paragraph.

  5         (4)  CONTINUED PROGRAM APPROVAL.--Notwithstanding

  6  subsection (3), failure by a public or nonpublic teacher

  7  preparation program to meet the criteria for continued program

  8  approval shall result in loss of program approval. The

  9  Department of Education, in collaboration with the departments

10  and colleges of education, shall develop procedures for

11  continued program approval which document the continuous

12  improvement of program processes and graduates' performance.

13         (b)  Additional criteria for continued program approval

14  for public institutions may be developed by the Education

15  Standards Commission and approved by the State Board of

16  Education. Such criteria must emphasize outcome measures of

17  student performance in the areas of classroom management and

18  improving the performance of students who have traditionally

19  failed to meet student achievement goals and have been

20  overrepresented in school suspensions and other disciplinary

21  actions, and may include, but need not be limited to, program

22  graduates' satisfaction with training and the unit's

23  responsiveness to local school districts. Additional criteria

24  for continued program approval for nonpublic institutions

25  shall be developed in the same manner as for public

26  institutions; however, such criteria must be based upon

27  significant, objective, and quantifiable graduate performance

28  measures. Responsibility for collecting data on outcome

29  measures through survey instruments and other appropriate

30  means shall be shared by the institutions of higher education,

31  the Board of Regents, the State Board of Independent Colleges

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  1  and Universities, and the Department of Education. By January

  2  1 of each year, the Department of Education, in cooperation

  3  with the Board of Regents and the State Board of Independent

  4  Colleges and Universities, shall report this information for

  5  each postsecondary institution that has state-approved

  6  programs of teacher education to the Governor, the

  7  Commissioner of Education, the Chancellor of the State

  8  University System, the President of the Senate, the Speaker of

  9  the House of Representatives, all Florida postsecondary

10  teacher preparation programs, and interested members of the

11  public. This report must analyze the data and make

12  recommendations for improving teacher preparation programs in

13  the state.

14         (5)  PRESERVICE FIELD EXPERIENCE.--All postsecondary

15  instructors, school district personnel and instructional

16  personnel, and school sites preparing instructional personnel

17  through preservice field experience courses and internships

18  shall meet special requirements.

19         (a)  All instructors in postsecondary teacher

20  preparation programs who instruct or supervise preservice

21  field experience courses or internships shall have at least

22  one of the following: specialized training in clinical

23  supervision; a valid professional teaching certificate

24  pursuant to ss. 231.17 and 231.24; or at least 3 years of

25  successful teaching experience in prekindergarten through

26  grade 12; or a commitment to spend periods of time specified

27  by State Board of Education rule teaching in the public

28  schools.

29         (b)  All school district personnel and instructional

30  personnel who supervise or direct teacher preparation students

31  during field experience courses or internships must have

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  1  evidence of "clinical educator" training, successfully

  2  demonstrated effective classroom management strategies, and

  3  consistently improved student performance. The Education

  4  Standards Commission shall recommend, and the state board

  5  shall approve, the training requirements.

  6         Section 10.  Subsection (29) of section 984.03, Florida

  7  Statutes, 1998 Supplement, is amended to read:

  8         984.03  Definitions.--When used in this chapter, the

  9  term:

10         (29)  "Habitually truant" means that:

11         (a)  The child has 15 unexcused absences within 90

12  calendar days with or without the knowledge or justifiable

13  consent of the child's parent or legal guardian, is subject to

14  compulsory school attendance under s. 232.01, and is not

15  exempt under s. 232.06, s. 232.09, or any other exemptions

16  specified by law or the rules of the State Board of Education.

17         (b)  Escalating Activities to determine the cause, and

18  to attempt the remediation, of the child's truant behavior

19  under ss. 232.17 and 232.19 have been completed.

20

21  If a child who is subject to compulsory school attendance is

22  responsive to the interventions described in ss. 232.17 and

23  232.19 and has completed the necessary requirements to pass

24  the current grade as indicated in the district pupil

25  progression plan, the child shall not be determined to be

26  habitually truant and shall be passed. If a child within the

27  compulsory school attendance age has 15 unexcused absences

28  within 90 calendar days or fails to enroll in school, the

29  State Attorney shall may file a child-in-need-of-services

30  petition unless,. Prior to filing a petition, the child must

31  be referred to the appropriate agency for evaluation. after

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  1  consulting with the evaluating agency, the State Attorney

  2  determines that another alternative placement is preferable

  3  may elect to file a child-in-need-of-services petition.

  4         (c)  A school representative, designated according to

  5  school board policy, and a juvenile probation officer of the

  6  Department of Juvenile Justice have jointly investigated the

  7  truancy problem or, if that was not feasible, have performed

  8  separate investigations to identify conditions that may be

  9  contributing to the truant behavior; and if, after a joint

10  staffing of the case to determine the necessity for services,

11  such services were determined to be needed, the persons who

12  performed the investigations met jointly with the family and

13  child to discuss any referral to appropriate community

14  agencies for economic services, family or individual

15  counseling, or other services required to remedy the

16  conditions that are contributing to the truant behavior.

17         (d)  The failure or refusal of the parent or legal

18  guardian or the child to participate, or make a good faith

19  effort to participate, in the activities prescribed to remedy

20  the truant behavior, or the failure or refusal of the child to

21  return to school after participation in activities required by

22  this subsection, or the failure of the child to stop the

23  truant behavior after the school administration and the

24  Department of Juvenile Justice have worked with the child as

25  described in s. 232.19(3) and (4) shall be handled as

26  prescribed in s. 232.19.

27         Section 11.  This act shall take effect upon becoming a

28  law.

29

30

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  1            *****************************************

  2                          SENATE SUMMARY

  3    Revises procedures related to the enforcement of school
      attendance and the handling of habitual truants. Revises
  4    provisions relating to school safety and discipline,
      dropout prevention, habitual truancy of pupils, and
  5    professional competency. Establishes priorities for
      students at risk of dropping out of school. Revises
  6    duties and authority of principals. Revises requirements
      for teacher preparation programs. Expresses legislative
  7    intent relating to academic performance and
      nonattendance. Creates pilot projects. (See bill for
  8    details.)

  9

10

11

12

13

14

15

16

17

18

19

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