HB 403

1
A bill to be entitled
2An act relating to school attendance; amending s. 1003.21,
3F.S.; authorizing district school board policy to raise
4the compulsory school attendance age; amending s. 1003.23,
5F.S.; requiring attendance records to include information
6relating to student tardiness; providing penalties;
7amending s. 1003.24, F.S.; providing that the parent is
8responsible for a student's accumulative record of
9tardiness; deleting parental exemption from responsibility
10for a student's nonattendance; providing penalties;
11amending s. 1003.26, F.S.; revising provisions relating to
12enforcement of school attendance; providing responsibility
13of superintendents, district school boards, schools,
14teachers, and parents with respect to accumulative
15tardinesses; revising provisions that specify absences for
16which intervention is initiated; authorizing a
17superintendent to file a truancy petition under certain
18circumstances; authorizing a home visit under certain
19circumstances; amending ss. 984.03, 985.03, 1002.20, and
201003.01, F.S.; conforming provisions relating to
21compulsory school attendance; providing an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Paragraphs (a) and (c) of subsection (1) of
26section 1003.21, Florida Statutes, are amended to read:
27     1003.21  School attendance.--
28     (1)(a)1.  All children who have attained the age of 6 years
29or who will have attained the age of 6 years by February 1 of
30any school year or who are older than 6 years of age but who
31have not attained the age of 16 years, except as otherwise
32provided, are required to attend school regularly during the
33entire school term. However, beginning with the 2006-2007 school
34year, a district school board may adopt a policy that raises the
35compulsory school attendance age from 16 years up to 18 years
36for students in the school district who have not graduated from
37high school.
38     2.  Children who will have attained the age of 5 years on
39or before September 1 of the school year are eligible for
40admission to public kindergartens during that school year under
41rules adopted by the district school board.
42     (c)  A student who attains the age of 16 years during the
43school year is not subject to compulsory school attendance
44beyond the date upon which he or she attains that age if the
45student files a formal declaration of intent to terminate school
46enrollment with the district school board. The declaration must
47acknowledge that terminating school enrollment is likely to
48reduce the student's earning potential and must be signed by the
49student and the student's parent. The school district must
50notify the student's parent of receipt of the student's
51declaration of intent to terminate school enrollment. The
52declaration must acknowledge that terminating school enrollment
53is likely to reduce the student's earning potential and must be
54signed by the student and the student's parent.
55     Section 2.  Section 1003.23, Florida Statutes, is amended
56to read:
57     1003.23  Attendance records and reports.--
58     (1)  The attendance of all public K-12 school students
59shall be checked each school day in the manner prescribed by
60rules of the State Board of Education and recorded in the
61teacher's register or by some approved system of recording
62attendance. Students may be counted in attendance only if they
63are actually present at school or are away from school on a
64school day and are engaged in an educational activity which
65constitutes a part of the school-approved instructional program
66for the student. Attendance records shall include time missed
67during a school day due to a student's tardiness to any class to
68which a student is assigned provided that exceptions to the
69recording of tardiness may be established by a district school
70board.
71     (2)  All officials, teachers, and other employees in
72public, parochial, religious, denominational, and private K-12
73schools, including private tutors, shall keep all records and
74shall prepare and submit promptly all reports that may be
75required by law and by rules of the State Board of Education and
76district school boards. Such records shall include a register of
77enrollment and attendance and all persons described above shall
78make these reports therefrom as may be required by the State
79Board of Education. The enrollment register shall show the
80absence or attendance of each student enrolled for each school
81day of the year in a manner prescribed by the State Board of
82Education. The register shall be open for the inspection by the
83designated school representative or the district school
84superintendent of the district in which the school is located.
85     (3)  Violation of the provisions of this section shall be a
86misdemeanor of the second degree, punishable as provided by law.
87     (4)  This section shall not apply to home education
88programs provided in s. 1002.41.
89     Section 3.  Section 1003.24, Florida Statutes, is amended
90to read:
91     1003.24  Parents responsible for attendance of children;
92attendance policy.--Each parent of a child within the compulsory
93attendance age is responsible for the child's school attendance
94as required by law. The absence of a student from school or an
95accumulative record of tardiness is prima facie evidence of a
96violation of this section; however, criminal prosecution under
97this chapter may not be brought against a parent until the
98provisions of s. 1003.26 have been complied with. A parent of a
99student is not responsible for the student's nonattendance at
100school under, but not limited to, any of the following
101conditions:
102     (1)  WITH PERMISSION.--The absence was with permission of
103the head of the school;
104     (2)  WITHOUT KNOWLEDGE.--The absence was without the
105parent's knowledge, consent, or connivance, in which case the
106student shall be dealt with as a dependent child;
107     (3)  FINANCIAL INABILITY.--The parent was unable
108financially to provide necessary clothes for the student, which
109inability was reported in writing to the superintendent prior to
110the opening of school or immediately after the beginning of such
111inability, provided that the validity of any claim for exemption
112under this subsection shall be determined by the district school
113superintendent subject to appeal to the district school board;
114or
115     (4)  SICKNESS, INJURY, OR OTHER INSURMOUNTABLE
116CONDITION.--Attendance was impracticable or inadvisable on
117account of sickness or injury, attested to by a written
118statement of a licensed practicing physician, or was
119impracticable because of some other stated insurmountable
120condition as defined by rules of the State Board of Education.
121If a student is continually sick and repeatedly absent from
122school, he or she must be under the supervision of a physician
123in order to receive an excuse from attendance. Such excuse
124provides that a student's condition justifies absence for more
125than the number of days permitted by the district school board.
126
127Each district school board shall establish an attendance policy
128that includes, but is not limited to, the required number of
129days each school year that a student must be in attendance and
130the number of absences or and tardinesses after which a
131statement explaining such absences or and tardinesses must be on
132file at the school. Each school in the district must determine
133if an absence or tardiness is excused or unexcused according to
134criteria established by the district school board.
135     Section 4.  Section 1003.26, Florida Statutes, is amended
136to read:
137     1003.26  Enforcement of school attendance.--The Legislature
138finds that poor academic performance is associated with
139nonattendance and that schools must take an active role in
140promoting regular school attendance and supporting law
141enforcement agencies in the enforcement of compulsory school
142enforcing attendance as a means of improving the performance of
143many students. It is the policy of the state that each district
144school superintendent be responsible for enforcing school
145attendance of all students subject to the compulsory school age
146in the school district. The responsibility of the district
147school superintendent includes recommending to the district
148school board policies and procedures to ensure that schools
149respond in a timely manner to every unexcused absence, every or
150absence for which the reason is unknown, or accumulative
151tardinesses of students enrolled in the schools. District school
152board policies must require each parent of a student to justify
153each absence or the accumulative tardinesses of the student, and
154that justification will be evaluated based on adopted district
155school board policies that define excused and unexcused absences
156and tardinesses. The policies must provide that schools track
157excused and unexcused absences and unexcused tardinesses and
158contact the home in the case of an unexcused absence from
159school, or an absence from school for which the reason is
160unknown, or accumulative tardinesses to prevent the development
161of patterns of nonattendance. The Legislature finds that early
162intervention in school attendance matters is the most effective
163way of producing good attendance habits that will lead to
164improved student learning and achievement. Each public school
165shall implement the following steps to promote enforce regular
166school attendance:
167     (1)  CONTACT, REFER, AND ENFORCE.--
168     (a)1.  Upon each unexcused absence, or absence for which
169the reason is unknown, the school principal or his or her
170designee shall contact the student's parent to determine the
171reason for the absence. If the absence is an excused absence, as
172defined by district school board policy, the school shall
173provide opportunities for the student to make up assigned work
174and not receive an academic penalty unless the work is not made
175up within a reasonable time.
176     2.  According to district school board policy, a school
177must notify a student's parent in writing of accumulative
178tardinesses. If accumulative tardinesses are excused, as defined
179by district school board policy, the school shall provide
180opportunities for the student to make up assigned work and not
181receive an academic penalty unless the work is not made up
182within a reasonable time. A parent shall be required to
183participate in the development of an individual attendance plan
184to improve his or her child's ability to meet the tardiness
185policy of the district school board.
186     (b)  If a student has an accumulative record of tardiness
187or has had at least five unexcused absences, or absences for
188which the reasons are unknown, or a fewer number of unexcused
189absences or absences for which the reasons are unknown as
190established in district school board policy within a calendar
191month or 10 unexcused absences, or absences for which the
192reasons are unknown, within a 90-calendar-day period, the
193student's primary teacher shall report to the school principal
194or his or her designee that the student may be exhibiting a
195pattern of nonattendance. The principal shall, unless there is
196clear evidence that the tardinesses or absences are not a
197pattern of nonattendance, refer the case to the school's child
198study team to determine if early patterns of truancy are
199developing. If the child study team finds that a pattern of
200nonattendance is developing, whether the tardinesses or absences
201are excused or not, a meeting with the parent must be scheduled
202to identify potential remedies, and the principal shall notify
203the district school superintendent and the school district
204contact for home education programs that the referred student is
205exhibiting a pattern of nonattendance.
206     (c)  If an initial meeting does not resolve the problem,
207the child study team shall implement interventions that best
208address the problem. The interventions may include, but need not
209be limited to:
210     1.  Frequent communication between the teacher and the
211family;
212     2.  Changes in the learning environment;
213     3.  Mentoring;
214     4.  Student counseling;
215     5.  Tutoring, including peer tutoring;
216     6.  Placement into different classes;
217     7.  Evaluation for alternative education programs;
218     8.  Attendance contracts;
219     9.  Referral to other agencies for family services; or
220     10.  Other interventions, including, but not limited to, a
221truancy petition pursuant to s. 984.151.
222     (d)  The child study team shall be diligent in facilitating
223intervention services and shall report the case to the district
224school superintendent only when all reasonable efforts to
225resolve the nonattendance behavior are exhausted.
226     (e)  If the parent refuses to participate in the remedial
227strategies because he or she believes that those strategies are
228unnecessary or inappropriate, the parent may appeal to the
229district school board. The district school board may provide a
230hearing officer, and the hearing officer shall make a
231recommendation for final action to the district school board. If
232the district school board's final determination is that the
233strategies of the child study team are appropriate, and the
234parent still refuses to participate or cooperate, the district
235school superintendent may seek criminal prosecution for
236noncompliance with compulsory school attendance.
237     (f)1.  If the parent of a child who has been identified as
238exhibiting a pattern of nonattendance enrolls the child in a
239home education program pursuant to chapter 1002, the district
240school superintendent shall provide the parent a copy of s.
2411002.41 and the accountability requirements of this paragraph.
242The district school superintendent shall also refer the parent
243to a home education review committee composed of the district
244contact for home education programs and at least two home
245educators selected by the parent from a district list of all
246home educators who have conducted a home education program for
247at least 3 years and who have indicated a willingness to serve
248on the committee. The home education review committee shall
249review the portfolio of the student, as defined by s. 1002.41,
250every 30 days during the district's regular school terms until
251the committee is satisfied that the home education program is in
252compliance with s. 1002.41(1)(b). The first portfolio review
253must occur within the first 30 calendar days of the
254establishment of the program. The provisions of subparagraph 2.
255do not apply once the committee determines the home education
256program is in compliance with s. 1002.41(1)(b).
257     2.  If the parent fails to provide a portfolio to the
258committee, the committee shall notify the district school
259superintendent. The district school superintendent shall then
260terminate the home education program and require the parent to
261enroll the child in an attendance option that meets the
262definition of "regular school attendance" under s.
2631003.01(13)(a), (b), (c), or (e), within 3 days. Upon
264termination of a home education program pursuant to this
265subparagraph, the parent shall not be eligible to reenroll the
266child in a home education program for 180 calendar days. Failure
267of a parent to enroll the child in an attendance option as
268required by this subparagraph after termination of the home
269education program pursuant to this subparagraph shall constitute
270noncompliance with the compulsory attendance requirements of s.
2711003.21 and may result in criminal prosecution under s.
2721003.27(2). Nothing contained herein shall restrict the ability
273of the district school superintendent, or the ability of his or
274her designee, to review the portfolio pursuant to s.
2751002.41(1)(b).
276     (g)  If a student subject to compulsory school attendance
277will not comply with attempts to enforce school attendance, the
278parent or the district school superintendent or his or her
279designee shall refer the case to the case staffing committee
280pursuant to s. 984.12. In the event that the implementation of a
281plan for services developed pursuant to s. 984.12 is
282unsuccessful in correcting a student's noncompliance with
283compulsory school attendance, and the district school
284superintendent or his or her designee may file a truancy
285petition pursuant to the procedures in s. 984.151.
286     (2)  GIVE WRITTEN NOTICE.--
287     (a)  Under the direction of the district school
288superintendent, a designated school representative shall give
289written notice that requires enrollment or attendance within 3
290days after the date of notice, in person or by return-receipt
291mail, to the parent when no valid reason is found for a
292student's nonenrollment in school. If the notice and requirement
293are ignored, the designated school representative shall report
294the case to the district school superintendent, and may refer
295the case to the case staffing committee, established pursuant to
296s. 984.12. The district school superintendent shall take such
297steps as are necessary to bring criminal prosecution against the
298parent.
299     (b)  Subsequent to the activities required under subsection
300(1), the district school superintendent or his or her designee
301shall give written notice in person or by return-receipt mail to
302the parent that criminal prosecution is being sought for
303nonattendance. The district school superintendent may file a
304truancy petition, as defined in s. 984.03, following the
305procedures outlined in s. 984.151.
306     (3)  RETURN STUDENT TO PARENT.--A designated school
307representative may shall visit the home or place of residence of
308a student and any other place in which he or she is likely to
309find any student who is required to attend school when the
310student is not enrolled or is absent from school during school
311hours without an excuse, and, when the student is found, shall
312return the student to his or her parent or to the principal or
313teacher in charge of the school, or to the private tutor from
314whom absent, or to the juvenile assessment center or other
315location established by the district school board to receive
316students who are absent from school. Upon receipt of the
317student, the parent shall be immediately notified.
318     (4)  REPORT TO APPROPRIATE AUTHORITY.--A designated school
319representative shall report to the appropriate authority
320designated by law to receive such notices, all violations of the
321Child Labor Law that may come to his or her knowledge.
322     (5)  RIGHT TO INSPECT.--A designated school representative
323shall have the right of access to, and inspection of,
324establishments where minors may be employed or detained only for
325the purpose of ascertaining whether students of compulsory
326school age are actually employed there and are actually working
327there regularly. The designated school representative shall, if
328he or she finds unsatisfactory working conditions or violations
329of the Child Labor Law, report his or her findings to the
330appropriate authority.
331     Section 5.  Paragraph (a) of subsection (27) of section
332984.03, Florida Statutes, is amended to read:
333     984.03  Definitions.--When used in this chapter, the term:
334     (27)  "Habitually truant" means that:
335     (a)  The child has 15 unexcused absences within 90 calendar
336days with or without the knowledge or justifiable consent of the
337child's parent or legal guardian, is subject to compulsory
338school attendance under s. 1003.21(1) and (2)(a), and is not
339exempt under s. 1003.21(3), s. 1003.24, or any other exemptions
340specified by law or the rules of the State Board of Education.
341
342If a child who is subject to compulsory school attendance is
343responsive to the interventions described in ss. 1003.26 and
3441003.27(3) and has completed the necessary requirements to pass
345the current grade as indicated in the district pupil progression
346plan, the child shall not be determined to be habitually truant
347and shall be passed. If a child within the compulsory school
348attendance age has 15 unexcused absences within 90 calendar days
349or fails to enroll in school, the State Attorney may, or the
350appropriate jurisdictional agency shall, file a child-in-need-
351of-services petition if recommended by the case staffing
352committee, unless it is determined that another alternative
353action is preferable. The failure or refusal of the parent or
354legal guardian or the child to participate, or make a good faith
355effort to participate, in the activities prescribed to remedy
356the truant behavior, or the failure or refusal of the child to
357return to school after participation in activities required by
358this subsection, or the failure of the child to stop the truant
359behavior after the school administration and the Department of
360Juvenile Justice have worked with the child as described in ss.
3611003.26 and 1003.27(3) shall be handled as prescribed in s.
3621003.27.
363     Section 6.  Subsection (26) of section 985.03, Florida
364Statutes, is amended to read:
365     985.03  Definitions.--As used in this chapter, the term:
366     (26)  "Habitually truant" means that:
367     (a)1.  The child has 15 unexcused absences within 90
368calendar days with or without the knowledge or justifiable
369consent of the child's parent or legal guardian, is subject to
370compulsory school attendance under s. 1003.21(1) and (2)(a), and
371is not exempt under s. 1003.21(3), s. 1003.24, or any other
372exemptions specified by law or the rules of the State Board of
373Education.
374     2.(b)  Escalating activities to determine the cause, and to
375attempt the remediation, of the child's truant behavior under
376ss. 1003.26 and 1003.27 have been completed.
377
378If a child who is subject to compulsory school attendance is
379responsive to the interventions described in ss. 1003.26 and
3801003.27 and has completed the necessary requirements to pass the
381current grade as indicated in the district pupil progression
382plan, the child shall not be determined to be habitually truant
383and shall be passed. If a child within the compulsory school
384attendance age has 15 unexcused absences within 90 calendar days
385or fails to enroll in school, the state attorney may file a
386child-in-need-of-services petition. Before filing a petition,
387the child must be referred to the appropriate agency for
388evaluation. After consulting with the evaluating agency, the
389state attorney may elect to file a child-in-need-of-services
390petition.
391     (b)(c)  A school representative, designated according to
392school board policy, and a juvenile probation officer of the
393department have jointly investigated the truancy problem or, if
394that was not feasible, have performed separate investigations to
395identify conditions that could be contributing to the truant
396behavior; and if, after a joint staffing of the case to
397determine the necessity for services, such services were
398determined to be needed, the persons who performed the
399investigations met jointly with the family and child to discuss
400any referral to appropriate community agencies for economic
401services, family or individual counseling, or other services
402required to remedy the conditions that are contributing to the
403truant behavior.
404     (c)(d)  The failure or refusal of the parent or legal
405guardian or the child to participate, or make a good faith
406effort to participate, in the activities prescribed to remedy
407the truant behavior, or the failure or refusal of the child to
408return to school after participation in activities required by
409this subsection, or the failure of the child to stop the truant
410behavior after the school administration and the department have
411worked with the child as described in s. 1003.27(3) shall be
412handled as prescribed in s. 1003.27.
413     Section 7.  Paragraphs (a) and (b) of subsection (2) of
414section 1002.20, Florida Statutes, are amended to read:
415     1002.20  K-12 student and parent rights.--Parents of public
416school students must receive accurate and timely information
417regarding their child's academic progress and must be informed
418of ways they can help their child to succeed in school. K-12
419students and their parents are afforded numerous statutory
420rights including, but not limited to, the following:
421     (2)  ATTENDANCE.--
422     (a)  Compulsory school attendance.--The compulsory school
423attendance laws apply to all children between the ages of 6 and
42416 years, as provided in s. 1003.21(1) and (2)(a), and, in
425accordance with the provisions of s. 1003.21(1) and (2)(a):
426     1.  A student who attains the age of 16 years during the
427school year has the right to file a formal declaration of intent
428to terminate school enrollment if the declaration is signed by
429the parent. The parent has the right to be notified by the
430school district of the district's receipt of the student's
431declaration of intent to terminate school enrollment.
432     2.  Students who become or have become married or who are
433pregnant and parenting have the right to attend school and
434receive the same or equivalent educational instruction as other
435students.
436     (b)  Regular school attendance.--Parents of students who
437have attained the age of 6 years by February 1 of any school
438year but who have not attained the age of 16 years, or the age
439adopted by district school board policy pursuant to s.
4401003.21(1), must comply with the compulsory school attendance
441laws. Parents have the option to comply with the school
442attendance laws by attendance of the student in a public school;
443a parochial, religious, or denominational school; a private
444school; a home education program; or a private tutoring program,
445in accordance with the provisions of s. 1003.01(13).
446     Section 8.  Subsection (8) of section 1003.01, Florida
447Statutes, is amended to read:
448     1003.01  Definitions.--As used in this chapter, the term:
449     (8)  "Habitual truant" means a student who has 15 unexcused
450absences within 90 calendar days with or without the knowledge
451or consent of the student's parent, is subject to compulsory
452school attendance under s. 1003.21(1) and (2)(a), and is not
453exempt under s. 1003.21(3) or s. 1003.24, or by meeting the
454criteria for any other exemption specified by law or rules of
455the State Board of Education. Such a student must have been the
456subject of the activities specified in ss. 1003.26 and
4571003.27(3), without resultant successful remediation of the
458truancy problem before being dealt with as a child in need of
459services according to the provisions of chapter 984.
460     Section 9.  This act shall take effect July 1, 2006.


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