House Bill hb0277e1

                                        CS/HB 277, First Engrossed



  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; reducing temporary cash assistance

  5         based on failure to meet certain education

  6         participation requirements; requiring

  7         conferences between Learnfare participants and

  8         school officials; requiring the development of

  9         an electronic data transfer system; amending s.

10         228.041, F.S., relating to definitions;

11         correcting a cross reference; amending s.

12         230.23, F.S., relating to powers and duties of

13         district school boards; adding duties;

14         repealing s. 414.125, F.S., relating to the

15         Learnfare program; providing an appropriation;

16         providing an effective date.

17

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

19

20         Section 1.  Section 414.1251, Florida Statutes, is

21  created to read:

22         414.1251  Learnfare program.--

23         (1)  The department shall reduce the temporary cash

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

25  an eligible teenage participant who has not been exempted from

26  education participation requirements, if the eligible

27  dependent child or eligible teenage participant has been

28  identified either as a habitual truant, pursuant to s.

29  228.041(28), or as a dropout, pursuant to s. 228.041(29). For

30  a student who has been identified as a habitual truant, the

31  temporary cash assistance must be reinstated after a


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                                        CS/HB 277, First Engrossed



  1  subsequent grading period in which the child's attendance has

  2  substantially improved. For a student who has been identified

  3  as a dropout, the temporary cash assistance must be reinstated

  4  after the student enrolls in a public school, receives a high

  5  school diploma or its equivalency, enrolls in preparation for

  6  the General Educational Development Tests, or enrolls in other

  7  educational activities approved by the district school board.

  8  Good cause exemptions from the rule of unexcused absences

  9  include the following:

10         (a)  The student is expelled from school and

11  alternative schooling is not available.

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

13  teen parents subject to Learnfare.

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

15  to and from day care).

16

17  Within 10 days after sanction notification, the participant

18  parent of a dependent child or the teenage participant may

19  file an internal fair hearings process review procedure

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

21  resolved.

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

23  required to have a conference with an appropriate school

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

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

26  progress and is aware of any existing attendance or academic

27  problems. The conference must address acceptable student

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

29  school and reported to the department. The department shall

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

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


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                                        CS/HB 277, First Engrossed



  1  the required conferences are held. A participant who without

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

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

  4  temporary cash assistance shall be reinstated after the

  5  participant attends the conference with the appropriate school

  6  official and that conference is documented by the school and

  7  reported to the department.

  8         (3)  The department shall develop an electronic data

  9  transfer system to enable the department to collect, report,

10  and share data accurately and efficiently. In order to ensure

11  accountability and assess the effectiveness of the Learnfare

12  program, the department shall compile information including,

13  but not limited to, the number of students and families

14  reported by school districts as out of compliance, the number

15  of students and families sanctioned as a result, and the

16  number of students and families reinstated after becoming

17  compliant. The information compiled shall be submitted in the

18  form of an annual report to the presiding officers of the

19  Legislature by March 1.

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

21  Statutes, is amended to read:

22         228.041  Definitions.--Specific definitions shall be as

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

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

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

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

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

28  legal guardian, is subject to compulsory school attendance

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

30  232.09, or by meeting the criteria for any other exemption

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


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                                        CS/HB 277, First Engrossed



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

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

  3  successful remediation of the truancy problem before being

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

  5  provisions of chapter 984.

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

  7  230.23, Florida Statutes, is amended to read:

  8         230.23  Powers and duties of school board.--The school

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

10  perform all duties listed below:

11         (15)  PUBLIC INFORMATION AND PARENTAL INVOLVEMENT

12  PROGRAM.--

13         (b)  District school boards shall Encourage teachers

14  and administrators to keep parents and guardians informed of

15  student progress, student programs, student attendance

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

17  984.151, and availability of resources for academic

18  assistance.

19         Section 4.  Section 414.125, Florida Statutes, is

20  repealed.

21         Section 5.  The sum of $251,000 in nonrecurring

22  Temporary Assistance for Needy Families (TANF) funds is

23  appropriated from the Federal Grants Trust Fund to the

24  Department of Children and Family Services to develop an

25  electronic data transfer system.

26         Section 6.  This act shall take effect upon becoming a

27  law.

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29

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