HB 0493 2003
1	A bill to be entitled
2	An act relating to student conduct; amending s. 984.151,
3	F.S.; authorizing a school superintendent to file a
4	truancy petition for any student placed on suspension for
5	more than a specified period during the school year;
6	amending s. 1003.26, F.S.; providing legislative findings
7	with respect to enforcing codes of student conduct;
8	requiring that a superintendent recommend procedures to
9	the school board for certain suspended students; requiring
10	that a student's parent or guardian cooperate in
11	controlling the student's behavior; requiring a teacher to
12	report certain suspended students to the school principal;
13	providing for a student to be referred to the child-study
14	team if there is a pattern of truancy due to misconduct;
15	authorizing a school superintendent to seek criminal
16	prosecution against a parent for noncompliance with
17	directives relating to the student's misconduct; requiring
18	written notice to the parent; providing an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1. Subsection (1) of section 984.151, Florida
23	Statutes, is amended to read:
24	984.151 Truancy petition; prosecution; disposition.--
25	(1)(a)If the school determines that a student subject to
26	compulsory school attendance has had at least five unexcused
27	absences, or absences for which the reasons are unknown, within
28	a calendar month or 10 unexcused absences, or absences for which
29	the reasons are unknown, within a 90-calendar-day period
30	pursuant to s. 1003.26(1)(b), or has had more than 15 unexcused
31	absences in a 90-calendar-day period, the superintendent of
32	schools may file a truancy petition.
33	(b) If a student is placed on in-school suspension or out-
34	of-school suspension for a total of 15 or more days during a
35	school year, the superintendent of schools may file a truancy
36	petition.
37	Section 2. Section 1003.26, Florida Statutes, is amended
38	to read:
39	1003.26 Enforcement of school attendance and conduct.--The
40	Legislature finds that poor academic performance is associated
41	with nonattendance and misconductand that schools must take an
42	active role in enforcing attendance and ensuring compliance with
43	codes governing student conductas a means of improving the
44	performance of many students. It is the policy of the state that
45	each district school superintendent enforcebe responsible for
46	enforcingschool attendance of all students subject to the
47	compulsory school age in the school district and enforce codes
48	of student conduct. Each superintendent shall recommendThe
49	responsibility includes recommendingto the district school
50	board policies and procedures to ensure that schools respond in
51	a timely manner to every unexcused absence, or absence for which
52	the reason is unknown, of students enrolled in the schools and
53	recommend procedures for handling students who are suspended
54	because of repeated disciplinary action. District school board
55	policies must require each parent of a student to justify each
56	absence of the student, and that justification will be evaluated
57	based on adopted district school board policies that define
58	excused and unexcused absences. The policies must provide that
59	schools track excused and unexcused absences and contact the
60	home in the case of an unexcused absence from school, or an
61	absence from school for which the reason is unknown, to prevent
62	the development of patterns of nonattendance. In addition,
63	school policies must require that each student's parent or
64	guardian cooperate in controlling the behavior of the student in
65	order to minimize the imposition of serious sanctions, such as
66	suspension resulting in school absence.The Legislature finds
67	that early intervention in school attendance matters is the most
68	effective way of producing good attendance and conducthabits
69	that will lead to improved student learning and achievement.
70	Each public school shall implement the following steps to
71	enforce regular school attendance and promote good student
72	behavior:
73	(1) CONTACT, REFER, AND ENFORCE.--
74	(a) Upon each unexcused absence, or absence for which the
75	reason is unknown, the school principal or his or her designee
76	shall contact the student's parent to determine the reason for
77	the absence. If the absence is an excused absence, as defined by
78	district school board policy, the school shall provide
79	opportunities for the student to make up assigned work and not
80	receive an academic penalty unless the work is not made up
81	within a reasonable time.
82	(b) If a student has had at least five unexcused absences,
83	or absences for which the reasons are unknown, within a calendar
84	month or 10 unexcused absences, or absences for which the
85	reasons are unknown, within a 90-calendar-day period, the
86	student's primary teacher shall report to the school principal
87	or his or her designee that the student may be exhibiting a
88	pattern of nonattendance. If a student is placed on in-school
89	suspension or out-of-school suspension for a total of 15 or more
90	days during a school year, the student's primary teacher shall
91	report to the school principal or his or her designee that the
92	student may be exhibiting a pattern of misconduct.The principal
93	shall, unless there is clear evidence that the absences are not
94	a pattern of nonattendance or misconduct, refer the case to the
95	school's child study team to determine if early patterns of
96	truancy due to nonattendance or misconductare developing. If
97	the child study team finds that a pattern of nonattendance is
98	developing, whether the absences are excused or not, or that a
99	pattern of misconduct is developing,a meeting with the parent
100	must be scheduled to identify potential remedies, and the
101	principal shall notify the district school superintendent and
102	the school district contact for home education programs that the
103	referred student is exhibiting a pattern of nonattendance or
104	misconduct, as the case may be.
105	(c) If an initial meeting does not resolve the problem,
106	the child study team shall implement interventions that best
107	address the problem. The interventions may include, but need not
108	be limited to:
109	1. Frequent communication between the teacher and the
110	family;
111	2. Changes in the learning environment;
112	3. Mentoring;
113	4. Student counseling;
114	5. Tutoring, including peer tutoring;
115	6. Placement into different classes;
116	7. Evaluation for alternative education programs;
117	8. Attendance or behaviorcontracts;
118	9. Referral to other agencies for family services; or
119	10. Other interventions, including, but not limited to, a
120	truancy petition pursuant to s. 984.151.
121	(d) The child study team shall be diligent in facilitating
122	intervention services and shall report the case to the district
123	school superintendent only when all reasonable efforts to
124	resolve the nonattendance behavior are exhausted.
125	(e) If the parent refuses to participate in the remedial
126	strategies because he or she believes that those strategies are
127	unnecessary or inappropriate, the parent may appeal to the
128	district school board. The district school board may provide a
129	hearing officer, and the hearing officer shall make a
130	recommendation for final action to the district school board. If
131	the district school board's final determination is that the
132	strategies of the child study team are appropriate, and the
133	parent still refuses to participate or cooperate, the district
134	school superintendent may seek criminal prosecution for
135	noncompliance with compulsory school attendance or for
136	noncompliance with reasonable directives relating to the
137	student's misconduct if such misconduct has resulted in the
138	student being placed on in-school or out-of-school suspension
139	for 15 or more days during a school year.
140	(f)1. If the parent of a child who has been identified as
141	exhibiting a pattern of nonattendance enrolls the child in a
142	home education program pursuant to chapter 1002, the district
143	school superintendent shall provide the parent a copy of s.
144	1002.41 and the accountability requirements of this paragraph.
145	The district school superintendent shall also refer the parent
146	to a home education review committee composed of the district
147	contact for home education programs and at least two home
148	educators selected by the parent from a district list of all
149	home educators who have conducted a home education program for
150	at least 3 years and who have indicated a willingness to serve
151	on the committee. The home education review committee shall
152	review the portfolio of the student, as defined by s. 1002.41,
153	every 30 days during the district's regular school terms until
154	the committee is satisfied that the home education program is in
155	compliance with s. 1002.41(1)(b). The first portfolio review
156	must occur within the first 30 calendar days of the
157	establishment of the program. The provisions of subparagraph 2.
158	do not apply once the committee determines the home education
159	program is in compliance with s. 1002.41(1)(b).
160	2. If the parent fails to provide a portfolio to the
161	committee, the committee shall notify the district school
162	superintendent. The district school superintendent shall then
163	terminate the home education program and require the parent to
164	enroll the child in an attendance option that meets the
165	definition of "regular school attendance" under s.
166	1003.01(13)(a), (b), (c), or (e), within 3 days. Upon
167	termination of a home education program pursuant to this
168	subparagraph, the parent shall not be eligible to reenroll the
169	child in a home education program for 180 calendar days.
170	Failure of a parent to enroll the child in an attendance option
171	as required by this subparagraph after termination of the home
172	education program pursuant to this subparagraph shall constitute
173	noncompliance with the compulsory attendance requirements of s.
174	1003.21 and may result in criminal prosecution under s.
175	1003.27(2). This section does notNothing contained herein
176	shallrestrict the ability of the district school
177	superintendent, or the ability of his or her designee, to review
178	the portfolio pursuant to s. 1002.41(1)(b).
179	(g) If a student subject to compulsory school attendance
180	will not comply with attempts to enforce school attendance, the
181	parent or the district school superintendent or his or her
182	designee shall refer the case to the case staffing committee
183	pursuant to s. 984.12, and the district school superintendent or
184	his or her designee may file a truancy petition pursuant to the
185	procedures in s. 984.151.
186	(2) GIVE WRITTEN NOTICE.--
187	(a) Under the direction of the district school
188	superintendent, a designated school representative shall give
189	written notice that requires enrollment or attendance within 3
190	days after the date of notice, in person or by return-receipt
191	mail, to the parent when no valid reason is found for a
192	student's nonenrollment in school. A parent shall also be given
193	written notice, in person or by return-receipt mail, if no valid
194	reason is found for noncompliance with reasonable directives
195	relating to the student's misconduct if such misconduct has
196	resulted in the student being placed on in-school or out-of-
197	school suspension for 15 or more days during a school year.If
198	the notice and requirement are ignored, the designated school
199	representative shall report the case to the district school
200	superintendent, and may refer the case to the case staffing
201	committee, established pursuant to s. 984.12. The district
202	school superintendent shall take such steps as are necessary to
203	bring criminal prosecution against the parent.
204	(b) Subsequent to the activities required under subsection
205	(1), the district school superintendent or his or her designee
206	shall give written notice in person or by return-receipt mail to
207	the parent that criminal prosecution is being sought for
208	nonattendance or for noncompliance with reasonable directives
209	relating to the student's misconduct if such misconduct has
210	resulted in the student being placed on in-school or out-of-
211	school suspension for 15 or more days during a school year. The
212	district school superintendent may file a truancy petition, as
213	defined in s. 984.03, following the procedures outlined in s.
214	984.151.
215	(3) RETURN STUDENT TO PARENT.--A designated school
216	representative shall visit the home or place of residence of a
217	student and any other place in which he or she is likely to find
218	any student who is required to attend school when the student is
219	not enrolled or is absent from school during school hours
220	without an excuse, and, when the student is found, shall return
221	the student to his or her parent or to the principal or teacher
222	in charge of the school, or to the private tutor from whom
223	absent, or to the juvenile assessment center or other location
224	established by the district school board to receive students who
225	are absent from school. Upon receipt of the student, the parent
226	shall be immediately notified.
227	(4) REPORT TO APPROPRIATE AUTHORITY.--A designated school
228	representative shall report to the appropriate authority
229	designated by law to receive such notices, all violations of the
230	Child Labor Law that may come to his or her knowledge.
231	(5) RIGHT TO INSPECT.--A designated school representative
232	shall have the right of access to, and inspection of,
233	establishments where minors may be employed or detained only for
234	the purpose of ascertaining whether students of compulsory
235	school age are actually employed there and are actually working
236	there regularly. The designated school representative shall, if
237	he or she finds unsatisfactory working conditions or violations
238	of the Child Labor Law, report his or her findings to the
239	appropriate authority.
240	Section 3. This act shall take effect July 1, 2003.