Senate Bill 1984

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 2000                                  SB 1984

    By Senator Campbell





    33-1588-00

  1                      A bill to be entitled

  2         An act relating to habitual truants; amending

  3         s. 232.09, F.S.; providing that a habitual

  4         truant may not receive a driver's license until

  5         18 years of age; requiring the Department of

  6         Education to provide the Department of Highway

  7         Safety and Motor Vehicles with records of

  8         habitual truants; providing an effective date.

  9

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

11

12         Section 1.  Section 232.09, Florida Statutes, is

13  amended to read:

14         232.09  Parents and legal guardians responsible for

15  attendance of children; attendance policy; driver's license

16  age for habitual truants.--

17         (1)  The Legislature finds:

18         (a)  It is essential that our children receive an

19  education.

20         (b)  Failure to attend school in a regular and timely

21  fashion hinders the education process.

22         (c)  Truancy and poor school performance have a direct

23  relationship to juvenile delinquency and destructive behavior.

24         (d)  A disproportionate percentage of juvenile crime

25  occurs when juveniles should be in school.

26         (e)  Parents and guardians must be responsible, within

27  reason, for sending their children to school.

28         (f)  If a juvenile refuses to attend school or a parent

29  or guardian refuses to compel the child to attend school,

30  there must exist an efficient and expedient process to enforce

31  attendance laws.

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    Florida Senate - 2000                                  SB 1984
    33-1588-00




  1         (2)  Each parent and legal guardian of a child within

  2  the compulsory attendance age is responsible for the child's

  3  school attendance as required by law.  The absence of a child

  4  from school is prima facie evidence of a violation of this

  5  section; however, criminal prosecution under this chapter may

  6  not be brought against a parent, guardian, or other person

  7  having control of the child until the provisions of s.

  8  232.17(2) have been complied with. A parent or guardian of a

  9  child is not responsible for the child's nonattendance at

10  school under any of the following conditions:

11         (a)  With permission.--The absence was with permission

12  of the head of the school; or

13         (b)  Without knowledge.--The absence was without the

14  parent's knowledge, consent, or connivance, in which case the

15  child shall be dealt with as a dependent child; or

16         (c)  Financial inability.--The parent was unable

17  financially to provide necessary clothes for the child, which

18  inability was reported in writing to the superintendent prior

19  to the opening of school or immediately after the beginning of

20  such inability; provided, that the validity of any claim for

21  exemption under this subsection shall be determined by the

22  superintendent subject to appeal to the school board; or

23         (d)  Sickness, injury, or other insurmountable

24  condition.--Attendance was impracticable or inadvisable on

25  account of sickness or injury, attested to by a written

26  statement of a licensed practicing physician, or was

27  impracticable because of some other stated insurmountable

28  condition as defined by rules of the state board. If a student

29  is continually sick and repeatedly absent from school, he or

30  she must be under the supervision of a physician in order to

31  receive an excuse from attendance. Such excuse provides that a

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    Florida Senate - 2000                                  SB 1984
    33-1588-00




  1  student's condition justifies absence for more than the number

  2  of days permitted by the district school board.

  3

  4  Each district school board shall establish an attendance

  5  policy which includes, but is not limited to, the required

  6  number of days each school year that a student must be in

  7  attendance and the number of absences and tardinesses after

  8  which a statement explaining such absences and tardinesses

  9  must be on file at the school.  Each school in the district

10  must determine if an absence or tardiness is excused or

11  unexcused according to criteria established by the district

12  school board.

13         (3)  A student who becomes a habitual truant as defined

14  in s. 228.041 may not be issued a driver's license under

15  chapter 322 until he or she is at least 18 years of age. The

16  Department of Education shall provide the Department of

17  Highway Safety and Motor Vehicles with the records of habitual

18  truants on a timely basis.

19         Section 2.  This act shall take effect upon becoming a

20  law.

21

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23                          SENATE SUMMARY

24    Provides that a habitual truant may not receive a
      driver's license until the age of 18 years. Requires the
25    Department of Education to provide records of habitual
      truants timely.
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