HB 0403CS

CHAMBER ACTION




1The PreK-12 Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to school attendance; amending s. 1003.02,
7F.S.; authorizing district school board attendance
8policies to allow accumulated tardies and early departures
9to be recorded as unexcused absences; authorizing district
10school board policies for student referral to a child
11study team under certain circumstances; amending s.
121003.21, F.S.; providing that students who have attained
1316 years of age and have not graduated are subject to
14compulsory school attendance under certain circumstances;
15requiring student exit interviews prior to terminating
16school enrollment; amending s. 1003.26, F.S.; providing
17district school superintendent's responsibility to support
18local law enforcement agencies in enforcing school
19attendance; providing required and authorized child study
20team interventions; authorizing visits by school
21representatives; providing an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Paragraph (b) of subsection (1) of section
261003.02, Florida Statutes, is amended to read:
27     1003.02  District school board operation and control of
28public K-12 education within the school district.--As provided
29in part II of chapter 1001, district school boards are
30constitutionally and statutorily charged with the operation and
31control of public K-12 education within their school district.
32The district school boards must establish, organize, and operate
33their public K-12 schools and educational programs, employees,
34and facilities. Their responsibilities include staff
35development, public K-12 school student education including
36education for exceptional students and students in juvenile
37justice programs, special programs, adult education programs,
38and career education programs. Additionally, district school
39boards must:
40     (1)  Provide for the proper accounting for all students of
41school age, for the attendance and control of students at
42school, and for proper attention to health, safety, and other
43matters relating to the welfare of students in the following
44fields:
45     (b)  Enforcement of attendance laws.--Provide for the
46enforcement of all laws and rules relating to the attendance of
47students at school. District school boards are authorized to
48establish policies that allow accumulated unexcused tardies,
49regardless of when they occur during the school day, and early
50departures from school to be recorded as unexcused absences.
51District school boards are also authorized to establish policies
52that require referral to a school's child study team for
53students who have fewer absences than the number required by s.
541003.26(1)(b).
55     Section 2.  Paragraph (c) of subsection (1) of section
561003.21, Florida Statutes, is amended to read:
57     1003.21  School attendance.--
58     (1)
59     (c)  A student who attains the age of 16 years during the
60school year is not subject to compulsory school attendance
61beyond the date upon which he or she attains that age if the
62student files a formal declaration of intent to terminate school
63enrollment with the district school board. Public school
64students who have attained the age of 16 years and who have not
65graduated are subject to compulsory school attendance until the
66formal declaration of intent is filed with the district school
67board. The declaration must acknowledge that terminating school
68enrollment is likely to reduce the student's earning potential
69and must be signed by the student and the student's parent. The
70school district must notify the student's parent of receipt of
71the student's declaration of intent to terminate school
72enrollment. The student's guidance counselor or other school
73personnel must conduct an exit interview with the student to
74determine the reasons for the student's decision to terminate
75school enrollment and actions that could be taken to keep the
76student in school. The student must be informed of opportunities
77to continue his or her education in a different environment,
78including, but not limited to, adult education and GED test
79preparation. Additionally, the student must complete a survey in
80a format prescribed by the Department of Education to provide
81data on student reasons for terminating enrollment and actions
82taken by schools to keep students enrolled.
83     Section 3.  Section 1003.26, Florida Statutes, is amended
84to read:
85     1003.26  Enforcement of school attendance.--The Legislature
86finds that poor academic performance is associated with
87nonattendance and that school districts schools must take an
88active role in promoting and enforcing attendance as a means of
89improving student the performance of many students. It is the
90policy of the state that each district school superintendent be
91responsible for enforcing school attendance of all students
92subject to the compulsory school age in the school district and
93supporting enforcement of school attendance by local law
94enforcement agencies. The responsibility includes recommending
95policies and procedures to the district school board policies
96and procedures to ensure that require public schools to respond
97in a timely manner to every unexcused absence, and every or
98absence for which the reason is unknown, of students enrolled in
99the schools. District school board policies shall must require
100the each parent of a student to justify each absence of the
101student, and that justification will be evaluated based on
102adopted district school board policies that define excused and
103unexcused absences. The policies must provide that public
104schools track excused and unexcused absences and contact the
105home in the case of an unexcused absence from school, or an
106absence from school for which the reason is unknown, to prevent
107the development of patterns of nonattendance. The Legislature
108finds that early intervention in school attendance matters is
109the most effective way of producing good attendance habits that
110will lead to improved student learning and achievement. Each
111public school shall implement the following steps to promote and
112enforce regular school attendance:
113     (1)  CONTACT, REFER, AND ENFORCE.--
114     (a)  Upon each unexcused absence, or absence for which the
115reason is unknown, the school principal or his or her designee
116shall contact the student's parent to determine the reason for
117the absence. If the absence is an excused absence, as defined by
118district school board policy, the school shall provide
119opportunities for the student to make up assigned work and not
120receive an academic penalty unless the work is not made up
121within a reasonable time.
122     (b)  If a student has had at least five unexcused absences,
123or absences for which the reasons are unknown, within a calendar
124month or 10 unexcused absences, or absences for which the
125reasons are unknown, within a 90-calendar-day period, the
126student's primary teacher shall report to the school principal
127or his or her designee that the student may be exhibiting a
128pattern of nonattendance. The principal shall, unless there is
129clear evidence that the absences are not a pattern of
130nonattendance, refer the case to the school's child study team
131to determine if early patterns of truancy are developing. If the
132child study team finds that a pattern of nonattendance is
133developing, whether the absences are excused or not, a meeting
134with the parent must be scheduled to identify potential
135remedies, and the principal shall notify the district school
136superintendent and the school district contact for home
137education programs that the referred student is exhibiting a
138pattern of nonattendance.
139     (c)  If an initial meeting does not resolve the problem,
140the child study team shall implement the following interventions
141that best address the problem. The interventions may include,
142but need not be limited to:
143     1.  Frequent attempts at communication between the teacher
144and the family.;
145     2.  Changes in the learning environment;
146     3.  Mentoring;
147     4.  Student counseling;
148     5.  Tutoring, including peer tutoring;
149     6.  Placement into different classes;
150     2.7.  Evaluation for alternative education programs.;
151     3.8.  Attendance contracts.;
152     9.  Referral to other agencies for family services; or
153     10.  Other interventions, including, but not limited to, a
154truancy petition pursuant to s. 984.151.
155
156The child study team may, but is not required to, implement
157other interventions, including referral to other agencies for
158family services or recommendation for filing a truancy petition
159pursuant to s. 984.151.
160     (d)  The child study team shall be diligent in facilitating
161intervention services and shall report the case to the district
162school superintendent only when all reasonable efforts to
163resolve the nonattendance behavior are exhausted.
164     (e)  If the parent refuses to participate in the remedial
165strategies because he or she believes that those strategies are
166unnecessary or inappropriate, the parent may appeal to the
167district school board. The district school board may provide a
168hearing officer, and the hearing officer shall make a
169recommendation for final action to the district school board. If
170the district school board's final determination is that the
171strategies of the child study team are appropriate, and the
172parent still refuses to participate or cooperate, the district
173school superintendent may seek criminal prosecution for
174noncompliance with compulsory school attendance.
175     (f)1.  If the parent of a child who has been identified as
176exhibiting a pattern of nonattendance enrolls the child in a
177home education program pursuant to chapter 1002, the district
178school superintendent shall provide the parent a copy of s.
1791002.41 and the accountability requirements of this paragraph.
180The district school superintendent shall also refer the parent
181to a home education review committee composed of the district
182contact for home education programs and at least two home
183educators selected by the parent from a district list of all
184home educators who have conducted a home education program for
185at least 3 years and who have indicated a willingness to serve
186on the committee. The home education review committee shall
187review the portfolio of the student, as defined by s. 1002.41,
188every 30 days during the district's regular school terms until
189the committee is satisfied that the home education program is in
190compliance with s. 1002.41(1)(b). The first portfolio review
191must occur within the first 30 calendar days of the
192establishment of the program. The provisions of subparagraph 2.
193do not apply once the committee determines the home education
194program is in compliance with s. 1002.41(1)(b).
195     2.  If the parent fails to provide a portfolio to the
196committee, the committee shall notify the district school
197superintendent. The district school superintendent shall then
198terminate the home education program and require the parent to
199enroll the child in an attendance option that meets the
200definition of "regular school attendance" under s.
2011003.01(13)(a), (b), (c), or (e), within 3 days. Upon
202termination of a home education program pursuant to this
203subparagraph, the parent shall not be eligible to reenroll the
204child in a home education program for 180 calendar days. Failure
205of a parent to enroll the child in an attendance option as
206required by this subparagraph after termination of the home
207education program pursuant to this subparagraph shall constitute
208noncompliance with the compulsory attendance requirements of s.
2091003.21 and may result in criminal prosecution under s.
2101003.27(2). Nothing contained herein shall restrict the ability
211of the district school superintendent, or the ability of his or
212her designee, to review the portfolio pursuant to s.
2131002.41(1)(b).
214     (g)  If a student subject to compulsory school attendance
215will not comply with attempts to enforce school attendance, the
216parent or the district school superintendent or his or her
217designee shall refer the case to the case staffing committee
218pursuant to s. 984.12, and the district school superintendent or
219his or her designee may file a truancy petition pursuant to the
220procedures in s. 984.151.
221     (2)  GIVE WRITTEN NOTICE.--
222     (a)  Under the direction of the district school
223superintendent, a designated school representative shall give
224written notice that requires enrollment or attendance within 3
225days after the date of notice, in person or by return-receipt
226mail, to the parent when no valid reason is found for a
227student's nonenrollment in school. If the notice and requirement
228are ignored, the designated school representative shall report
229the case to the district school superintendent, and may refer
230the case to the case staffing committee, established pursuant to
231s. 984.12. The district school superintendent shall take such
232steps as are necessary to bring criminal prosecution against the
233parent.
234     (b)  Subsequent to the activities required under subsection
235(1), the district school superintendent or his or her designee
236shall give written notice in person or by return-receipt mail to
237the parent that criminal prosecution is being sought for
238nonattendance. The district school superintendent may file a
239truancy petition, as defined in s. 984.03, following the
240procedures outlined in s. 984.151.
241     (3)  RETURN STUDENT TO PARENT.--A designated school
242representative may shall visit the home or place of residence of
243a student and any other place in which he or she is likely to
244find any student who is required to attend school when the
245student is not enrolled or is absent from school during school
246hours without an excuse, and, when the student is found, shall
247return the student to his or her parent or to the principal or
248teacher in charge of the school, or to the private tutor from
249whom absent, or to the juvenile assessment center or other
250location established by the district school board to receive
251students who are absent from school. Upon receipt of the
252student, the parent shall be immediately notified.
253     (4)  REPORT TO APPROPRIATE AUTHORITY.--A designated school
254representative shall report to the appropriate authority
255designated by law to receive such notices, all violations of the
256Child Labor Law that may come to his or her knowledge.
257     (5)  RIGHT TO INSPECT.--A designated school representative
258shall have the right of access to, and inspection of,
259establishments where minors may be employed or detained only for
260the purpose of ascertaining whether students of compulsory
261school age are actually employed there and are actually working
262there regularly. The designated school representative shall, if
263he or she finds unsatisfactory working conditions or violations
264of the Child Labor Law, report his or her findings to the
265appropriate authority.
266     Section 4.  This act shall take effect July 1, 2006.


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