House Bill hb0277

    Florida House of Representatives - 2001                 HB 277

        By Representatives Atwater, Lynn, Melvin, Negron, Wallace
    and Betancourt





  1                      A bill to be entitled

  2         An act relating to school attendance; creating

  3         s. 414.1251, F.S.; reestablishing the Learnfare

  4         program; amending s. 228.041, F.S., relating to

  5         definitions; correcting a cross reference;

  6         amending s. 230.23, F.S., relating to powers

  7         and duties of district school boards; adding

  8         duties; repealing s. 414.125, F.S., relating to

  9         the Learnfare program; providing an effective

10         date.

11

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

13

14         Section 1.  Section 414.1251, Florida Statutes, is

15  created to read:

16         414.1251  Learnfare program.--

17         (1)  The department shall reduce the temporary cash

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

19  an eligible teenage participant who has not been exempted from

20  education participation requirements and who has been

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

22  The temporary cash assistance must be reinstituted after a

23  subsequent grading period in which the child has substantially

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

25  the rule of unexcused absences include the following:

26         (a)  The student is expelled from school and

27  alternative schooling is not available.

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

29  teen parents subject to Learnfare.

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

31  to and from day care).

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






    Florida House of Representatives - 2001                 HB 277

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

  2  to graduate from high school by age 20.

  3

  4  Within 10 days after sanction notification, the participant

  5  parent of a dependent child or the teenage participant may

  6  file an internal fair hearings process review procedure

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

  8  resolved.

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

10  required to have a conference with an appropriate school

11  official of the child's school during each semester to assure

12  that the participant is involved in the child's educational

13  progress and is aware of any existing attendance or academic

14  problems. The conference must address acceptable student

15  attendance, grades, and behavior and must be documented by the

16  school and reported to the department. The department shall

17  notify a school of any student in attendance at that school

18  who is a participant in the Learnfare program in order that

19  the required conferences are held. A participant who without

20  good cause fails to attend a conference with a school official

21  is subject to the sanction provided in subsection (1).

22         Section 2.  Subsection (28) of section 228.041, Florida

23  Statutes, is amended to read:

24         228.041  Definitions.--Specific definitions shall be as

25  follows, and wherever such defined words or terms are used in

26  the Florida School Code, they shall be used as follows:

27         (28)  HABITUAL TRUANT.--A habitual truant is a student

28  who has 15 unexcused absences within 90 calendar days with or

29  without the knowledge or consent of the student's parent or

30  legal guardian, is subject to compulsory school attendance

31  under s. 232.01, and is not exempt under s. 232.06 or s.

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    Florida House of Representatives - 2001                 HB 277

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  1  232.09, or by meeting the criteria for any other exemption

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

  3  Such a student must have been the subject of the activities

  4  specified in ss. 232.17 and 232.19(3), without resultant

  5  successful remediation of the truancy problem before being

  6  dealt with as a child in need of services according to the

  7  provisions of chapter 984.

  8         Section 3.  Paragraph (b) of subsection (15) of section

  9  230.23, Florida Statutes, is amended to read:

10         230.23  Powers and duties of school board.--The school

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

12  perform all duties listed below:

13         (15)  PUBLIC INFORMATION AND PARENTAL INVOLVEMENT

14  PROGRAM.--

15         (b)  District school boards shall Encourage teachers

16  and administrators to keep parents and guardians informed of

17  student progress, student programs, student attendance

18  requirements pursuant to ss. 232.17, 232.19, 414.1251, and

19  984.151, and availability of resources for academic

20  assistance.

21         Section 4.  Section 414.125, Florida Statutes, is

22  repealed.

23         Section 5.  This act shall take effect upon becoming a

24  law.

25

26            *****************************************

27                          HOUSE SUMMARY

28
      Reestablishes the Learnfare program. Amends the
29    definition of "habitual truant" to correct a cross
      reference. Revises powers and duties of school boards to
30    include duties relating to student attendance. Repeals
      the Learnfare program.
31

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