Senate Bill 0852e1

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    CS for CS for CS for SB's 852, 2 & 46    First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to school safety and security;

  3         amending s. 229.57, F.S.; revising criteria for

  4         determining a school's performance grade

  5         category for specified school years; creating

  6         s. 229.8347, F.S.; establishing the Partnership

  7         for School Safety and Security; providing

  8         responsibilities of the partnership; assigning

  9         the partnership to the Department of Education

10         for administrative purposes; providing for

11         membership, meetings, and reimbursement for

12         expenses; providing for the partnership to be

13         funded through the General Appropriations Act;

14         providing for staff support and technical

15         assistance; requiring that the partnership

16         prepare annual reports; requiring the

17         Department of Education to develop an

18         individualized school safety and environment

19         assessment instrument; requiring that the

20         department expand performance standards for

21         school safety; amending s. 230.23025, F.S.;

22         requiring that safety and security be included

23         as part of the factors reviewed as best

24         financial management practices for school

25         districts; amending s. 230.235, F.S.; requiring

26         each district school board to review its

27         zero-tolerance policy and ensure the inclusion

28         of specific offenses; creating s. 231.0851,

29         F.S.; requiring that school principals report

30         and verify data concerning school safety and

31         discipline; requiring that the State Board of


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  1         Education adopt a form for such reports;

  2         requiring the Department of Education to

  3         improve reporting concerning school safety;

  4         requiring that the department develop

  5         indicators of safe schools; amending s.

  6         232.24521, F.S.; prohibiting the use of a

  7         student's attendance record as the basis of an

  8         exemption from academic performance

  9         requirements; amending s. 232.26, F.S.;

10         requiring that any suspension of a student with

11         disabilities be in accordance with rules of the

12         State Board of Education; creating s. 235.192,

13         F.S.; requiring school districts and community

14         colleges to provide blueprints of educational

15         facilities to certain agencies; requiring that

16         school districts and community colleges provide

17         a revised blueprint following modification of a

18         facility; requiring the Department of Education

19         to assess safety and security initiatives and

20         make certain reports; establishing a pilot

21         program to assess teams that meet the optimal

22         ratios of certain school professionals to

23         students; requiring that the school district

24         evaluate the program and make certain reports;

25         requiring a plan for school transportation

26         safety; amending s. 232.17, F.S.; prohibiting

27         students referred to a child study team from

28         enrolling in a home education program;

29         providing exceptions; providing an appeals

30         process; amending s. 414.125, F.S.; revising

31         criteria for reduction of temporary cash


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  1         assistance; amending s. 984.03, F.S.; revising

  2         the definitions of the terms "habitually

  3         truant" and "truancy petition"; amending s.

  4         984.151, F.S.; revising requirements for filing

  5         a truancy petition; providing an appropriation;

  6         providing an effective date.

  7

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

  9

10         Section 1.  Subsection (8) of section 229.57, Florida

11  Statutes, is amended to read:

12         229.57  Student assessment program.--

13         (8)  DESIGNATION OF SCHOOL PERFORMANCE GRADE

14  CATEGORIES.--School performance grade category designations

15  itemized in subsection (7) shall be based on the following:

16         (a)  Timeframes.--

17         1.  School performance grade category designations

18  shall be based on one school year of performance.

19         2.  In school year years 1998-1999 and 1999-2000, a

20  school's performance grade category designation shall be

21  determined by the student achievement levels on the FCAT, and

22  on other appropriate performance data, including, but not

23  limited to, attendance, dropout rate, school discipline data,

24  and student readiness for college, in accordance with state

25  board rule.

26         3.  In school year 1999-2000, a school's performance

27  grade category designation shall be determined by the student

28  achievement levels on the FCAT and on other appropriate

29  performance data, including, but not limited to, attendance,

30  dropout rate, and student readiness for college, in accordance

31  with state board rule.


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  1         4.3.  Beginning with the 2000-2001 school year, a

  2  school's performance grade category designation shall be based

  3  on a combination of student achievement scores as measured by

  4  the FCAT, on the degree of measured learning gains of the

  5  students, and on other appropriate performance data,

  6  including, but not limited to, attendance, dropout rate,

  7  school discipline data, and student readiness for college.

  8         5.4.  Beginning with the 2001-2002 school year and

  9  thereafter, a school's performance grade category designation

10  shall be based on student learning gains as measured by annual

11  FCAT assessments in grades 3 through 10, and on other

12  appropriate performance data, including, but not limited to,

13  attendance, dropout rate, school discipline data, cohort

14  graduation rate, and student readiness for college.

15

16  For the purpose of implementing ss. 229.0535 and 229.0537, if

17  any of the four schools that were identified as critically low

18  performing, based on both 1996-1997 and 1997-1998 school

19  performance data and state board adopted criteria, receives a

20  performance grade category designation of "F," based on

21  1998-1999 school performance data, that school shall be

22  considered as having failed to make adequate progress for 2

23  years in a 4-year period. All other schools that receive a

24  performance grade category designation of "F," based on

25  1998-1999 school performance data, shall be considered as

26  having failed to make adequate progress for 1 year.

27         (b)  Student assessment data.--Student assessment data

28  used in determining school performance grade categories shall

29  include:

30         1.  The median scores of all eligible students enrolled

31  in the school who have been assessed on the FCAT.


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  1         2.  The median scores of all eligible students enrolled

  2  in the school who have been assessed on the FCAT and who have

  3  scored at or in the lowest 25th percentile of the state in the

  4  previous school year.

  5

  6  The Department of Education shall study the effects of

  7  mobility on the performance of highly mobile students and

  8  recommend programs to improve the performance of such

  9  students. The state board shall adopt appropriate criteria for

10  each school performance grade category. The criteria must also

11  give added weight to student achievement in reading. Schools

12  designated as performance grade category "C," making

13  satisfactory progress, shall be required to demonstrate that

14  adequate progress has been made by students who have scored

15  among the lowest 25 percent of students in the state as well

16  as by the overall population of students in the school.

17         Section 2.  Section 229.8347, Florida Statutes, is

18  created to read:

19         229.8347  Partnership for School Safety and Security.--

20         (1)  CREATION AND DUTIES.--There is created a

21  Partnership for School Safety and Security to perform the

22  following responsibilities:

23         (a)  Evaluate school safety and security programs and

24  strategies, based on controlled scientific research; recommend

25  information to be included in the electronic clearinghouse of

26  safety and security information; and make recommendations for

27  inclusion in the clearinghouse of safety and security

28  information and to the Legislature for funding school safety

29  and security programs.

30         (b)  Create an electronic clearinghouse of safety and

31  security information that includes best practices, model


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  1  programs, and construction prototypes that are compatible with

  2  the requirements for frugal schools.

  3         (c)  Assess the extent to which best practices for

  4  school safety and security are being followed, including, but

  5  not limited to, best practices for schools with student

  6  participation in planning and implementing violence prevention

  7  and other student efforts that contribute to school safety;

  8  placing and training new teachers; providing incentives for

  9  teachers of demonstrated mastery to remain in or transfer to

10  low-performing schools; providing incentives for teachers

11  based on their willingness to teach at schools that serve

12  low-income areas; and providing support systems, such as

13  mentors or specialized training, for teachers who are willing

14  to teach in schools that serve large populations of students

15  from low-income families.

16         (d)  Train and offer technical assistance to school

17  district staff and others on how to create a safe school

18  environment.

19         (e)  Foster coordination among schools, law enforcement

20  personnel, and crisis-management teams.

21         (2)  ORGANIZATION; MEMBERSHIP; MEETINGS; COMPENSATION

22  AND TRAVEL EXPENSES; BUDGET.--The partnership is an

23  independent, nonpartisan body that is assigned to the

24  Department of Education for administrative purposes. The

25  partnership shall be composed of 11 members who are appointed

26  by the Governor and confirmed by the Senate. Three members

27  must be consumers who are not, and never have been, providers

28  of school safety or security services.

29         (a)  Members shall be appointed to 4-year, staggered

30  terms of office.

31


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  1         (b)  The partnership shall annually elect a chairperson

  2  and vice chairperson from among its members.

  3         (c)  The partnership shall meet at least once each year

  4  and the chairperson or a quorum of the members of the

  5  partnership may call additional meetings as often as necessary

  6  to transact business. A majority of the membership constitutes

  7  a quorum, and the vote of a majority of the quorum is

  8  necessary to take official action or conduct official business

  9  of the partnership. The position of any member who has three

10  consecutive, unexcused absences or who is absent for 50

11  percent or more of the partnership's meetings within any

12  12-month period shall be considered vacant.

13         (d)  A vacancy on the partnership shall be filled in

14  the same manner as the original appointment. Any appointment

15  to fill a vacancy shall be only for the remainder of the

16  unexpired term.

17         (e)  Members of the partnership shall serve without

18  compensation, but are entitled to reimbursement for per diem

19  and travel expenses incurred in the performance of their

20  duties as provided in s. 112.061, and are entitled to

21  reimbursement for other reasonable, necessary, and actual

22  expenses.

23         (3)  BUDGET.--The partnership shall have a budget and

24  shall be funded to the extent provided for in the General

25  Appropriations Act.

26         (4)  ANNUAL REPORT.--The partnership shall submit an

27  annual report to the Governor, the President of the Senate,

28  the Speaker of the House of Representatives, the minority

29  leaders of the Senate and House of Representatives, and the

30  Commissioner of Education. The report must contain an

31  independent analysis of best practices for school safety and


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  1  security in the state; a summary of programs evaluated; a

  2  summary of progress made in developing, maintaining, and

  3  refining the electronic clearinghouse of safety and security

  4  information; and recommendations for legislative changes or

  5  budget requests.

  6         (5)  STAFF AND TECHNICAL ASSISTANCE.--The Department of

  7  Education shall provide or contract for staff support and

  8  technical assistance for the partnership.

  9         Section 3.  By December 1, 2000, the Department of

10  Education shall develop an individualized school safety and

11  environment assessment instrument that each school may use to

12  assess its needs with respect to the state education goal for

13  safety specified in section 229.591(3)(e), Florida Statutes.

14  In addition, by December 1, 2000, the Department of Education

15  shall expand the current performance standards for the state

16  education goal for safety to comprehensively address district

17  and school safety and security.

18         Section 4.  Subsection (1) of section 230.23025,

19  Florida Statutes, is amended to read:

20         230.23025  Best financial management practices;

21  standards; reviews; designation of districts.--

22         (1)  The Office of Program Policy Analysis and

23  Government Accountability (OPPAGA) and the Office of the

24  Auditor General are directed to develop a system for reviewing

25  the financial management practices of school districts. In

26  this system, OPPAGA and the Auditor General shall jointly

27  examine district operations to determine whether they meet

28  "best financial management practices." The best financial

29  management practices adopted by the Commissioner of Education

30  may be updated periodically after consultation with the

31  Legislature, the Governor, the SMART Schools Clearinghouse,


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  1  OPPAGA, and the Auditor General. The best financial management

  2  practices, at a minimum, must instill public confidence by

  3  addressing the following areas:

  4         (a)  Efficient use of resources, use of lottery

  5  proceeds, student transportation and food service operations,

  6  management structures, and personnel systems and benefits, and

  7  safety and security;

  8         (b)  Compliance with generally accepted accounting

  9  principles and state and federal laws relating to financial

10  management;

11         (c)  Performance accountability systems, including

12  performance measurement reports to the public, internal

13  auditing, financial auditing, and information made available

14  to support decisionmaking; and

15         (d)  Cost control systems, including asset, risk, and

16  financial management;, purchasing;, and information system

17  controls.

18         Section 5.  Subsection (3) is added to section 230.235,

19  Florida Statutes, to read:

20         230.235  Policy of zero tolerance for crime.--

21         (3)  Each district school board shall review the

22  zero-tolerance policy required by this section and by rule of

23  the State Board of Education. The board shall ensure that

24  there is a uniform policy for the discipline of students at

25  each school for the following offenses:

26         (a)  Possession of a firearm, a knife, a weapon, or an

27  item that can be used as a weapon by any student while the

28  student is on school property, on school transportation, or in

29  attendance at a school function; or

30         (b)  Bringing a firearm, as defined in 18 U.S.C. s.

31  921, to school, to any school function, or onto any


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  1  school-sponsored transportation; and making a threat, as

  2  defined in s. 790.162, involving school property, school

  3  transportation, or a school-sponsored activity.

  4         Section 6.  Section 231.0851, Florida Statutes, is

  5  created to read:

  6         231.0851  Reports of school safety and

  7  discipline.--Each principal must ensure that standardized

  8  forms prescribed by rule of the State Board of Education are

  9  used to report data concerning school safety and discipline to

10  the Department of Education. The principal must develop a plan

11  to verify the accuracy of reported incidents.

12         Section 7.  The State Board of Education shall adopt by

13  rule a standardized form to be used by each school to report

14  data concerning school safety and discipline.

15         Section 8.  By October 1, 2000, the Department of

16  Education shall establish a mechanism to improve the

17  reliability and accuracy of reports concerning school safety,

18  including a means for improving the reliability and accuracy

19  of the School Environmental Safety Incident Reporting System.

20         Section 9.  By December 1, 2000, the Department of

21  Education shall develop additional indicators of safe schools,

22  including indicators based on the number of students involved

23  in extracurricular activities; the effectiveness of

24  student-developed plans for school safety and security; the

25  number of students and extent of student involvement in

26  developing and implementing school safety, crime watch,

27  violence prevention, drug abuse prevention, crime reporting,

28  and other programs that contribute to school safety and

29  security; and an optimal school psychologist-to-student ratio,

30  guidance-counselor-to-student ratio, and school

31  social-worker-to-student ratio. The department shall use the


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  1  National Standards for School Counseling Programs in

  2  developing the guidance-counselor-to-student ratio.

  3         Section 10.  Section 232.24521, Florida Statutes, is

  4  amended to read:

  5         232.24521  Report cards; end-of-the-year status.--

  6         (1)  Each school district shall establish and publish

  7  policies requiring the content and regular issuance of student

  8  report cards for all elementary school, middle school, and

  9  high school students.  These report cards must clearly depict

10  and grade:

11         (a)  The student's academic performance in each class

12  or course, which in grades 1 through 12 must be based upon

13  examinations as well as written papers, class participation,

14  and other academic performance criteria.

15         (b)  The student's conduct and behavior.

16         (c)  The student's attendance, including absences and

17  tardiness.

18         (2)  A student's final report card for a school year

19  shall contain a statement indicating end-of-the-year status

20  regarding performance or nonperformance at grade level,

21  acceptable or unacceptable behavior and attendance, and

22  promotion or nonpromotion.

23

24  School districts shall not allow schools to exempt students

25  from academic performance requirements based on practices or

26  policies designed to encourage student attendance. A student's

27  attendance record may not be used in whole or in part to

28  provide an exemption from any academic performance

29  requirement.

30

31


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  1         Section 11.  Paragraph (b) of subsection (1) and

  2  subsection (4) of section 232.26, Florida Statutes, are

  3  amended to read:

  4         232.26  Authority of principal.--

  5         (1)

  6         (b)  The principal or the principal's designee may

  7  suspend a student only in accordance with the rules of the

  8  district school board. The principal or the principal's

  9  designee shall make a good faith effort to immediately inform

10  a student's parent or guardian by telephone of a student's

11  suspension and the reasons for the suspension. Each suspension

12  and the reasons for the suspension shall be reported in

13  writing within 24 hours to the student's parent or guardian by

14  United States mail. Each suspension and the reasons for the

15  suspension shall also be reported in writing within 24 hours

16  to the superintendent. A good faith effort shall be made by

17  the principal or the principal's designee to employ parental

18  assistance or other alternative measures prior to suspension,

19  except in the case of emergency or disruptive conditions which

20  require immediate suspension or in the case of a serious

21  breach of conduct as defined by rules of the district school

22  board. Such rules shall require oral and written notice to the

23  student of the charges and an explanation of the evidence

24  against him or her prior to the suspension. Each student shall

25  be given an opportunity to present his or her side of the

26  story. No student shall be suspended for unexcused tardiness,

27  lateness, absence, or truancy. The principal or the

28  principal's designee may suspend any student transported to or

29  from school at the public expense from the privilege of riding

30  on a school bus for violation of school board transportation

31  policies, which shall include a policy regarding behavior at


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  1  school bus stops, and the principal or the principal's

  2  designee shall give notice in writing to the student's parent

  3  or guardian and to the superintendent within 24 hours. School

  4  personnel shall not be held legally responsible for

  5  suspensions of students made in good faith. Any suspension of

  6  a student with disabilities, as defined in s. 228.041(18),

  7  must be in accordance with rules adopted by the State Board of

  8  Education.

  9         (4)  Any recommendation for the expulsion of a student

10  with disabilities, as defined in s. 228.041(18), handicapped

11  student shall be made in accordance with the rules adopted

12  promulgated by the State Board of Education.

13         Section 12.  Section 235.192, Florida Statutes, is

14  created to read:

15         235.192  Coordination of school safety and security

16  information.--

17         (1)  Beginning October 1, 2000, each district school

18  superintendent must provide to the Department of Education,

19  the State Board of Education, and the law enforcement agency

20  that has jurisdiction over each educational facility a copy of

21  the blueprint for each educational facility in the district,

22  as defined in s. 235.011(6). After the initial submission of

23  the blueprint, the district school superintendent shall

24  submit, by October 1 of each year, a revised blueprint for

25  each district educational facility that was modified during

26  the preceding year.

27         (2)  Beginning October 1, 2000, each community college

28  president must provide to the Department of Education, the

29  State Board of Education, and the law enforcement agency that

30  has jurisdiction over the community college a copy of the

31  blueprint for each educational facility as defined in s.


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  1  235.011(6). After the initial submission of the blueprint, the

  2  community college president shall submit, by October 1 of each

  3  year, a revised blueprint for each educational facility that

  4  was modified during the preceding year.

  5         Section 13.  By October 1, 2000, the Department of

  6  Education shall assess the effectiveness of current school

  7  safety and security initiatives, including the impact of state

  8  funding for safe schools in this state, and shall provide a

  9  report to the Governor, the President of the Senate, the

10  Speaker of the House of Representatives, the minority leaders

11  of the Senate and House of Representatives, and the

12  Partnership for School Safety and Security.

13         Section 14.  Pilot program to assess teams that meet

14  optimal ratios.--

15         (1)  An elementary school, middle school, junior high

16  school, and a high school within each school district in

17  Sarasota, St. Johns, Broward, Okaloosa, Lake, Miami-Dade,

18  Pinellas, and Duval counties, from funds provided for this

19  purpose in the 2000-2001 General Appropriations Act, shall

20  establish a 3-year pilot program to assess the use of a team

21  composed of school psychologists, guidance counselors, and

22  school social workers which meets the optimal school

23  psychologist-to-student ratio, guidance-counselor-to-student

24  ratio, and school social-worker-to-student ratio.

25         (2)  To be eligible to participate in the pilot

26  program, each school district must ensure that each school

27  participating in the pilot program meets and maintains the

28  optimal ratio of school psychologists, guidance counselors,

29  and school social workers to students, as determined by the

30  Department of Education and funded through the General

31  Appropriations Act.


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  1         (3)  Each school that participates in the pilot program

  2  must have a plan that is based on national standards and must

  3  agree to achieve and document the outcomes for:

  4         (a)  Truancy.

  5         (b)  School disciplinary referrals.

  6         (c)  Academic performance.

  7         (d)  Parent, teacher, and school administration

  8  satisfaction.

  9         (4)  The school district shall evaluate the

10  consequences of achieving the optimal ratio of school

11  psychologists, guidance counselors, and school social workers

12  to students for each school that participates in the pilot

13  program. By August 1 following each school year during which

14  the pilot program is operated, the school district shall

15  report its findings to the Governor, the President of the

16  Senate, the Speaker of the House of Representatives, the

17  minority leaders of the Senate and the House of

18  Representatives, the Commissioner of Education, and the

19  Partnership for School Safety and Security. The annual report

20  must include, for each school participating in the pilot

21  program, information about the types and frequency of

22  referrals made of children and adolescents to private

23  providers and professionals in the community who provide

24  mental health treatment and support services.

25         Section 15.  Each school district and the state or

26  local governmental entity having jurisdiction shall develop a

27  school safety transportation plan. Each school district shall

28  include charter schools in its school safety transportation

29  plan. The plan shall be submitted to the Department of

30  Education by December 31, 2000.

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  1         (1)  Each school district and the state or local

  2  governmental entity having jurisdiction shall jointly develop

  3  a priority list of hazardous-walking-conditions projects that

  4  have been identified and have not yet been corrected. Each

  5  school district shall use this part of the plan to monitor

  6  school transportation safety. The plan must include the

  7  following for the hazardous walking conditions determined

  8  under the provisions of section 234.021, Florida Statutes:

  9         (a)  The number of hazardous walking conditions which

10  have been identified and have not been corrected by the state

11  or local governmental entity having jurisdiction within 5

12  years after identification of the hazard and a fiscal impact

13  of the cost to correct each hazard; and

14         (b)  For each hazardous walking condition that has been

15  identified and has not been corrected, a statement of the

16  reason given for the deficiency by the state or local

17  governmental entity having jurisdiction.

18         (2)  The plan must also include recommendations and

19  fiscal estimates for:

20         (a)  Any changes to current law for expanding the

21  definition of a student in section 234.021(1), Florida

22  Statutes, to include students in grades kindergarten through

23  12.

24         (b)  Any changes to current law for identifying

25  hazardous walking conditions for walkways parallel to the

26  road, including, but not limited to:

27         1.  Increasing the size of the walk area adjacent to

28  the road from 4 feet or making changes to the walk area

29  surface;

30         2.  Increasing the size of the current set-off

31  requirement for uncurbed walkways to at least 6 feet or


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  1  decreasing the qualifying posted speed limit of 55 miles per

  2  hour; or

  3         3.  Amending the current exceptions to the criteria for

  4  determining hazardous walking conditions for certain

  5  residential areas and roads that have a certain volume of

  6  traffic and a posted speed limit of 30 miles per hour or less.

  7         (c)  Any changes to current law for identifying

  8  hazardous walking conditions for walkways perpendicular to the

  9  road, including, but not limited to:

10         1.  Limitations in the volume of traffic for the road

11  or the direction of traffic; and

12         2.  The definition of an uncontrolled crossing site.

13         3.  The identification of any hazards associated with

14  multi-lane crossings.

15         (d)  Any other recommendations, including, but not

16  limited to, the consideration of additional criteria for

17  determining hazardous walking conditions, such as crime,

18  construction, adjacent bodies of water, or other risks,

19  procedures for identifying hazardous walking conditions,

20  procedures for locating bus stops, required level of auditing

21  claims for funding, and identification of responsibilities of

22  parents or guardians for the safety of their children when

23  transportation is not required and is not provided by the

24  school district or charter school.

25         (3)  The plan must also identify, by district, the

26  number of schools that:

27         (a)  Separate the school bus loading and departure

28  locations from the loading and departure locations for

29  parents, guardians, or others who provide transportation to

30  children.

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  1         (b)  Provide transportation to students for whom

  2  transportation is not currently required under state law,

  3  including data on the numbers of students and their grade

  4  levels.

  5

  6  The identification of schools under this subsection may be

  7  used as a basis for providing incentive funds to specific

  8  school districts in the 2000-2001 legislative session.

  9         Section 16.  Subsection (1) of section 232.17, Florida

10  Statutes, is amended to read:

11         232.17  Enforcement of school attendance.----The

12  Legislature finds that poor academic performance is associated

13  with nonattendance and that schools must take an active role

14  in enforcing attendance as a means of improving the

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

16  that the superintendent of each school district be responsible

17  for enforcing school attendance of all children and youth

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

19  The responsibility includes recommending to the school board

20  policies and procedures to ensure that schools respond in a

21  timely manner to every unexcused absence, or absence for which

22  the reason is unknown, of students enrolled in the schools.

23  School board policies must require each parent or guardian of

24  a student to justify each absence of the student, and that

25  justification will be evaluated based on adopted school board

26  policies that define excused and unexcused absences. The

27  policies must provide that schools track excused and unexcused

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

29  absence from school, or an absence from school for which the

30  reason is unknown, to prevent the development of patterns of

31  nonattendance. The Legislature finds that early intervention


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  1  in school attendance matters is the most effective way of

  2  producing good attendance habits that will lead to improved

  3  student learning and achievement. Each public school shall

  4  implement the following steps to enforce regular school

  5  attendance:

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

  7         (a)  Upon each unexcused absence, or absence for which

  8  the reason is unknown, the school principal or his or her

  9  designee shall contact the student's parent or guardian to

10  determine the reason for the absence. If the absence is an

11  excused absence, as defined by school board policy, the school

12  shall provide opportunities for the student to make up

13  assigned work and not receive an academic penalty unless the

14  work is not made up within a reasonable time.

15         (b)  If a student has had at least five unexcused

16  absences, or absences for which the reasons are unknown,

17  within a calendar month or 10 unexcused absences, or absences

18  for which the reasons are unknown, within a 90-calendar-day

19  period, the student's primary teacher shall report to the

20  school principal or his or her designee that the student may

21  be exhibiting a pattern of nonattendance. The principal shall,

22  unless there is clear evidence that the absences are not a

23  pattern of nonattendance, refer the case to the school's child

24  study team to determine if early patterns of truancy are

25  developing. A student referred to a child study team for

26  exhibiting a pattern of nonattendance may not register in a

27  home education program as defined in s. 232.0201, until the

28  beginning of the following regular school year, unless:

29         1.  The child study team determines that a pattern of

30  nonattendance is not developing; or

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  1         2.  Enrollment in the home education program is

  2  authorized after the appeals process established by paragraph

  3  (f).

  4

  5  If the child study team finds that a pattern of nonattendance

  6  is developing, whether the absences are excused or not, a

  7  meeting with the parent must be scheduled to identify

  8  potential remedies. The principal shall notify the

  9  superintendent of schools that the referred student is

10  ineligible to register in a home education program.

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

12  problem, the child study team shall implement interventions

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

14  but need not be limited to:

15         1.  Frequent communication between the teacher and the

16  family;

17         2.  Changes in the learning environment;

18         3.  Mentoring;

19         4.  Student counseling;

20         5.  Tutoring, including peer tutoring;

21         6.  Placement into different classes;

22         7.  Evaluation for alternative education programs;

23         8.  Attendance contracts;

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

25         10.  Other interventions, including, but not limited

26  to, a truancy petition pursuant to s. 984.151.

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

28  facilitating intervention services and shall report the case

29  to the superintendent only when all reasonable efforts to

30  resolve the nonattendance behavior are exhausted.

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

  2  of the child refuses to participate in the remedial strategies

  3  because he or she believes that those strategies are

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

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

  6  The school board may provide a hearing officer, and the

  7  hearing officer shall make a recommendation for final action

  8  to the board. If the board's final determination is that the

  9  strategies of the child study team are appropriate, and the

10  parent, guardian, or other person in charge of the child still

11  refuses to participate or cooperate, the superintendent may

12  seek criminal prosecution for noncompliance with compulsory

13  school attendance.

14         (f)  If the parent or guardian of the child wishes to

15  enroll the child in a home education program, the parent or

16  guardian of the child may appeal to the district school board.

17  The district school board shall appoint an impartial hearing

18  officer, who shall review the case and make a recommendation

19  to the board. If the district school board's final

20  determination is to allow the child to enroll in a home

21  education program, then the district school board must outline

22  specific timeframes for reviewing the portfolio in order to

23  determine compliance with the home education laws. The

24  district school board must notify the superintendent of

25  schools of the child's eligibility to enroll in a home

26  education program.

27         (g)(f)  If a child subject to compulsory school

28  attendance will not comply with attempts to enforce school

29  attendance, the parent, the guardian, or the superintendent or

30  his or her designee shall refer the case to the case staffing

31  committee pursuant to s. 984.12, and the superintendent or his


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  1  or her designee may file a truancy petition pursuant to the

  2  procedures in s. 984.151.

  3         Section 17.  Section 414.125, Florida Statutes, is

  4  amended to read:

  5         414.125  Learnfare program.--

  6         (1)  The department shall reduce the temporary cash

  7  assistance for a participant's eligible dependent child or for

  8  an eligible teenage participant who has not been exempted from

  9  education participation requirements and who has been

10  identified as a habitual truant, pursuant to s. 228.041(28)

11  during a grading period in which the child or teenage

12  participant has accumulated a number of unexcused absences

13  from school that is sufficient to jeopardize the student's

14  academic progress, in accordance with rules adopted by the

15  department with input from the Department of Education.  The

16  temporary cash assistance must be reinstituted after a

17  subsequent grading period in which the child has substantially

18  improved the child's attendance. Good cause exemptions from

19  the rule of unexcused absences include the following:

20         (a)  The student is expelled from school and

21  alternative schooling is not available.

22         (b)  No licensed day care is available for a child of

23  teen parents subject to Learnfare.

24         (c)  Prohibitive transportation problems exist (e.g.,

25  to and from day care).

26         (d)  The teen is over 16 years of age and not expected

27  to graduate from high school by age 20.

28

29  Within 10 days after sanction notification, the participant

30  parent of a dependent child or the teenage participant may

31  file an internal fair hearings process review procedure


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  1  appeal, and no sanction shall be imposed until the appeal is

  2  resolved.

  3         (2)  Each participant with a school-age child is

  4  required to have a conference with an appropriate school

  5  official of the child's school during each semester grading

  6  period to assure that the participant is involved in the

  7  child's educational progress and is aware of any existing

  8  attendance or academic problems. The conference must address

  9  acceptable student attendance, grades, and behavior and must

10  be documented by the school and reported to the department.

11  The department shall notify a school of any student in

12  attendance at that school who is a participant in the

13  Learnfare program in order that the required conferences are

14  held. A participant who without good cause fails to attend a

15  conference with a school official is subject to the sanction

16  provided in subsection (1).

17         Section 18.  Subsections (29) and (57) of section

18  984.03, Florida Statutes, are amended to read:

19         984.03  Definitions.--When used in this chapter, the

20  term:

21         (29)  "Habitually truant" means that:

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

23  calendar days with or without the knowledge or justifiable

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

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

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

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

28         (b)  Activities to determine the cause, and to attempt

29  the remediation, of the child's truant behavior under ss.

30  232.17 and 232.19(3), have been completed.

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

  2  responsive to the interventions described in ss. 232.17 and

  3  232.19(3) and has completed the necessary requirements to pass

  4  the current grade as indicated in the district pupil

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

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

  7  compulsory school attendance age has 15 unexcused absences

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

  9  State Attorney may, or the appropriate jurisdictional agency

10  shall, file a child-in-need-of-services petition if

11  recommended by the case staffing committee, unless it is

12  determined that another alternative action is preferable.

13         (c)  A school representative, designated according to

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

15  Department of Juvenile Justice have jointly investigated the

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

17  separate investigations to identify conditions that may be

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

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

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

21  performed the investigations met jointly with the family and

22  child to discuss any referral to appropriate community

23  agencies for economic services, family or individual

24  counseling, or other services required to remedy the

25  conditions that are contributing to the truant behavior.

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

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

28  effort to participate, in the activities prescribed to remedy

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

30  return to school after participation in activities required by

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


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  1  truant behavior after the school administration and the

  2  Department of Juvenile Justice have worked with the child as

  3  described in ss. 232.17 and s. 232.19(3) and (4) shall be

  4  handled as prescribed in s. 232.19.

  5         (57)  "Truancy petition" means a petition filed by the

  6  school superintendent of schools alleging that a student

  7  subject to compulsory school attendance has had at least five

  8  unexcused absences, or absences for which the reasons are

  9  unknown, within a calendar month or 10 unexcused absences, or

10  absences for which the reasons are unknown, within a

11  90-calendar-day period, or has had more than 15 unexcused

12  absences in a 90-calendar-day period. A truancy petition is

13  filed and processed under s. 984.151.

14         Section 19.  Subsections (1), (3), and (4) of section

15  984.151, Florida Statutes, are amended, and a new subsection

16  (9) is added to said section, to read:

17         984.151  Truancy petition; prosecution; disposition.--

18         (1)  If the school determines that a student subject to

19  compulsory school attendance has had at least five unexcused

20  absences, or absences for which the reasons are unknown,

21  within a calendar month or 10 unexcused absences, or absences

22  for which the reasons are unknown, within a 90-calendar-day

23  period pursuant to s. 232.17(1)(b), or has had more than 15

24  unexcused absences in a 90-calendar-day period, the

25  superintendent of schools may file a truancy petition.

26         (3)  Original jurisdiction to hear a truancy petition

27  shall be in the circuit court; however, the circuit court may

28  use a general or special master pursuant to Supreme Court

29  rules. Upon the filing of a petition containing allegations of

30  facts which, if true, constitute the child named therein being

31  absent from school pursuant to subsection (1) and s.


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  1  232.17(1)(b) and upon the request of the petitioner, the clerk

  2  or deputy clerk shall issue a summons.

  3         (4)  The petition must contain the following: the name,

  4  age, and address of the student; the name and address of the

  5  student's parent or guardian; the school where the student is

  6  enrolled; the efforts the school has made to get the student

  7  to attend school; the number of out-of-school contacts between

  8  the school system and student's parent or guardian; and the

  9  number of days and dates of days the student has missed

10  school.  The petition shall be sworn to by the superintendent

11  or his or her designee.

12         (a)  When a truancy petition has been filed pursuant to

13  s. 984.151 and the parent, guardian, or legal custodian of the

14  child, and the child, have advised the court and the school

15  system that the truth of the allegations is acknowledged and

16  that no contest is to be made of the petition, the attorney

17  representing the school system may set the case before the

18  court for a disposition hearing. If there is a change of plea

19  at this hearing, the court shall continue the hearing to

20  permit the attorney representing the school system to prepare

21  and present the case. The school system may, upon written

22  agreement, designate the state attorney's office to represent

23  the school system in this proceeding.

24         (b)  An attorney representing the school system or,

25  upon written agreement, the state attorney's office, shall

26  represent the state in any proceeding in which a truancy

27  petition has been filed under s. 984.151 and in which a party

28  denies the allegations and contests the petition.

29         (9)  The participation of the parent, guardian, or

30  legal custodian with the court-ordered sanctions and services

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  1  is mandatory. The court may use its contempt powers to enforce

  2  its order.

  3         Section 20.  The sum of $225,000 in nonrecurring

  4  General Revenue is appropriated to the Department of Education

  5  for implementation of this act.

  6         Section 21.  This act shall take effect July 1, 2000.

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