Senate Bill sb0772

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    Florida Senate - 2006                                   SB 772

    By Senator Constantine





    22-670-06                                               See HB

  1                      A bill to be entitled

  2         An act relating to school attendance; amending

  3         s. 1003.21, F.S.; authorizing district school

  4         board policy to raise the compulsory school

  5         attendance age; amending s. 1003.23, F.S.;

  6         requiring attendance records to include

  7         information relating to student tardiness;

  8         providing penalties; amending s. 1003.24, F.S.;

  9         providing that the parent is responsible for a

10         student's accumulative record of tardiness;

11         deleting parental exemption from responsibility

12         for a student's nonattendance; providing

13         penalties; amending s. 1003.26, F.S.; revising

14         provisions relating to enforcement of school

15         attendance; providing responsibility of

16         superintendents, district school boards,

17         schools, teachers, and parents with respect to

18         accumulative tardinesses; revising provisions

19         that specify absences for which intervention is

20         initiated; authorizing a superintendent to file

21         a truancy petition under certain circumstances;

22         authorizing a home visit under certain

23         circumstances; amending ss. 984.03, 985.03,

24         1002.20, and 1003.01, F.S.; conforming

25         provisions relating to compulsory school

26         attendance; providing an effective date.

27  

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

29  

30         Section 1.  Paragraphs (a) and (c) of subsection (1) of

31  section 1003.21, Florida Statutes, are amended to read:

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    Florida Senate - 2006                                   SB 772
    22-670-06                                               See HB




 1         1003.21  School attendance.--

 2         (1)(a)1.  All children who have attained the age of 6

 3  years or who will have attained the age of 6 years by February

 4  1 of any school year or who are older than 6 years of age but

 5  who have not attained the age of 16 years, except as otherwise

 6  provided, are required to attend school regularly during the

 7  entire school term. However, beginning with the 2006-2007

 8  school year, a district school board may adopt a policy that

 9  raises the compulsory school attendance age from 16 years up

10  to 18 years for students in the school district who have not

11  graduated from high school.

12         2.  Children who will have attained the age of 5 years

13  on or before September 1 of the school year are eligible for

14  admission to public kindergartens during that school year

15  under rules adopted by the district school board.

16         (c)  A student who attains the age of 16 years during

17  the school year is not subject to compulsory school attendance

18  beyond the date upon which he or she attains that age if the

19  student files a formal declaration of intent to terminate

20  school enrollment with the district school board. The

21  declaration must acknowledge that terminating school

22  enrollment is likely to reduce the student's earning potential

23  and must be signed by the student and the student's parent.

24  The school district must notify the student's parent of

25  receipt of the student's declaration of intent to terminate

26  school enrollment. The declaration must acknowledge that

27  terminating school enrollment is likely to reduce the

28  student's earning potential and must be signed by the student

29  and the student's parent.

30         Section 2.  Section 1003.23, Florida Statutes, is

31  amended to read:

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    Florida Senate - 2006                                   SB 772
    22-670-06                                               See HB




 1         1003.23  Attendance records and reports.--

 2         (1)  The attendance of all public K-12 school students

 3  shall be checked each school day in the manner prescribed by

 4  rules of the State Board of Education and recorded in the

 5  teacher's register or by some approved system of recording

 6  attendance. Students may be counted in attendance only if they

 7  are actually present at school or are away from school on a

 8  school day and are engaged in an educational activity which

 9  constitutes a part of the school-approved instructional

10  program for the student. Attendance records shall include time

11  missed during a school day due to a student's tardiness to any

12  class to which a student is assigned provided that exceptions

13  to the recording of tardiness may be established by a district

14  school board.

15         (2)  All officials, teachers, and other employees in

16  public, parochial, religious, denominational, and private K-12

17  schools, including private tutors, shall keep all records and

18  shall prepare and submit promptly all reports that may be

19  required by law and by rules of the State Board of Education

20  and district school boards. Such records shall include a

21  register of enrollment and attendance and all persons

22  described above shall make these reports therefrom as may be

23  required by the State Board of Education. The enrollment

24  register shall show the absence or attendance of each student

25  enrolled for each school day of the year in a manner

26  prescribed by the State Board of Education. The register shall

27  be open for the inspection by the designated school

28  representative or the district school superintendent of the

29  district in which the school is located.

30  

31  

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    Florida Senate - 2006                                   SB 772
    22-670-06                                               See HB




 1         (3)  Violation of the provisions of this section shall

 2  be a misdemeanor of the second degree, punishable as provided

 3  by law.

 4         (4)  This section shall not apply to home education

 5  programs provided in s. 1002.41.

 6         Section 3.  Section 1003.24, Florida Statutes, is

 7  amended to read:

 8         1003.24  Parents responsible for attendance of

 9  children; attendance policy.--Each parent of a child within

10  the compulsory attendance age is responsible for the child's

11  school attendance as required by law. The absence of a student

12  from school or an accumulative record of tardiness is prima

13  facie evidence of a violation of this section; however,

14  criminal prosecution under this chapter may not be brought

15  against a parent until the provisions of s. 1003.26 have been

16  complied with. A parent of a student is not responsible for

17  the student's nonattendance at school under, but not limited

18  to, any of the following conditions:

19         (1)  WITH PERMISSION.--The absence was with permission

20  of the head of the school;

21         (2)  WITHOUT KNOWLEDGE.--The absence was without the

22  parent's knowledge, consent, or connivance, in which case the

23  student shall be dealt with as a dependent child;

24         (3)  FINANCIAL INABILITY.--The parent was unable

25  financially to provide necessary clothes for the student,

26  which inability was reported in writing to the superintendent

27  prior to the opening of school or immediately after the

28  beginning of such inability, provided that the validity of any

29  claim for exemption under this subsection shall be determined

30  by the district school superintendent subject to appeal to the

31  district school board; or

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    Florida Senate - 2006                                   SB 772
    22-670-06                                               See HB




 1         (4)  SICKNESS, INJURY, OR OTHER INSURMOUNTABLE

 2  CONDITION.--Attendance was impracticable or inadvisable on

 3  account of sickness or injury, attested to by a written

 4  statement of a licensed practicing physician, or was

 5  impracticable because of some other stated insurmountable

 6  condition as defined by rules of the State Board of Education.

 7  If a student is continually sick and repeatedly absent from

 8  school, he or she must be under the supervision of a physician

 9  in order to receive an excuse from attendance. Such excuse

10  provides that a student's condition justifies absence for more

11  than the number of days permitted by the district school

12  board.

13  

14  Each district school board shall establish an attendance

15  policy that includes, but is not limited to, the required

16  number of days each school year that a student must be in

17  attendance and the number of absences or and tardinesses after

18  which a statement explaining such absences or and tardinesses

19  must be on file at the school. Each school in the district

20  must determine if an absence or tardiness is excused or

21  unexcused according to criteria established by the district

22  school board.

23         Section 4.  Section 1003.26, Florida Statutes, is

24  amended to read:

25         1003.26  Enforcement of school attendance.--The

26  Legislature finds that poor academic performance is associated

27  with nonattendance and that schools must take an active role

28  in promoting regular school attendance and supporting law

29  enforcement agencies in the enforcement of compulsory school

30  enforcing attendance as a means of improving the performance

31  of many students. It is the policy of the state that each

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    Florida Senate - 2006                                   SB 772
    22-670-06                                               See HB




 1  district school superintendent be responsible for enforcing

 2  school attendance of all students subject to the compulsory

 3  school age in the school district. The responsibility of the

 4  district school superintendent includes recommending to the

 5  district school board policies and procedures to ensure that

 6  schools respond in a timely manner to every unexcused absence,

 7  every or absence for which the reason is unknown, or

 8  accumulative tardinesses of students enrolled in the schools.

 9  District school board policies must require each parent of a

10  student to justify each absence or the accumulative

11  tardinesses of the student, and that justification will be

12  evaluated based on adopted district school board policies that

13  define excused and unexcused absences and tardinesses. The

14  policies must provide that schools track excused and unexcused

15  absences and unexcused tardinesses and contact the home in the

16  case of an unexcused absence from school, or an absence from

17  school for which the reason is unknown, or accumulative

18  tardinesses to prevent the development of patterns of

19  nonattendance. The Legislature finds that early intervention

20  in school attendance matters is the most effective way of

21  producing good attendance habits that will lead to improved

22  student learning and achievement. Each public school shall

23  implement the following steps to promote enforce regular

24  school attendance:

25         (1)  CONTACT, REFER, AND ENFORCE.--

26         (a)1.  Upon each unexcused absence, or absence for

27  which the reason is unknown, the school principal or his or

28  her designee shall contact the student's parent to determine

29  the reason for the absence. If the absence is an excused

30  absence, as defined by district school board policy, the

31  school shall provide opportunities for the student to make up

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    Florida Senate - 2006                                   SB 772
    22-670-06                                               See HB




 1  assigned work and not receive an academic penalty unless the

 2  work is not made up within a reasonable time.

 3         2.  According to district school board policy, a school

 4  must notify a student's parent in writing of accumulative

 5  tardinesses. If accumulative tardinesses are excused, as

 6  defined by district school board policy, the school shall

 7  provide opportunities for the student to make up assigned work

 8  and not receive an academic penalty unless the work is not

 9  made up within a reasonable time. A parent shall be required

10  to participate in the development of an individual attendance

11  plan to improve his or her child's ability to meet the

12  tardiness policy of the district school board.

13         (b)  If a student has an accumulative record of

14  tardiness or has had at least five unexcused absences, or

15  absences for which the reasons are unknown, or a fewer number

16  of unexcused absences or absences for which the reasons are

17  unknown as established in district school board policy within

18  a calendar month or 10 unexcused absences, or absences for

19  which the reasons are unknown, within a 90-calendar-day

20  period, the student's primary teacher shall report to the

21  school principal or his or her designee that the student may

22  be exhibiting a pattern of nonattendance. The principal shall,

23  unless there is clear evidence that the tardinesses or

24  absences are not a pattern of nonattendance, refer the case to

25  the school's child study team to determine if early patterns

26  of truancy are developing. If the child study team finds that

27  a pattern of nonattendance is developing, whether the

28  tardinesses or absences are excused or not, a meeting with the

29  parent must be scheduled to identify potential remedies, and

30  the principal shall notify the district school superintendent

31  and the school district contact for home education programs

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    Florida Senate - 2006                                   SB 772
    22-670-06                                               See HB




 1  that the referred student is exhibiting a pattern of

 2  nonattendance.

 3         (c)  If an initial meeting does not resolve the

 4  problem, the child study team shall implement interventions

 5  that best address the problem. The interventions may include,

 6  but need not be limited to:

 7         1.  Frequent communication between the teacher and the

 8  family;

 9         2.  Changes in the learning environment;

10         3.  Mentoring;

11         4.  Student counseling;

12         5.  Tutoring, including peer tutoring;

13         6.  Placement into different classes;

14         7.  Evaluation for alternative education programs;

15         8.  Attendance contracts;

16         9.  Referral to other agencies for family services; or

17         10.  Other interventions, including, but not limited

18  to, a truancy petition pursuant to s. 984.151.

19         (d)  The child study team shall be diligent in

20  facilitating intervention services and shall report the case

21  to the district school superintendent only when all reasonable

22  efforts to resolve the nonattendance behavior are exhausted.

23         (e)  If the parent refuses to participate in the

24  remedial strategies because he or she believes that those

25  strategies are unnecessary or inappropriate, the parent may

26  appeal to the district school board. The district school board

27  may provide a hearing officer, and the hearing officer shall

28  make a recommendation for final action to the district school

29  board. If the district school board's final determination is

30  that the strategies of the child study team are appropriate,

31  and the parent still refuses to participate or cooperate, the

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    Florida Senate - 2006                                   SB 772
    22-670-06                                               See HB




 1  district school superintendent may seek criminal prosecution

 2  for noncompliance with compulsory school attendance.

 3         (f)1.  If the parent of a child who has been identified

 4  as exhibiting a pattern of nonattendance enrolls the child in

 5  a home education program pursuant to chapter 1002, the

 6  district school superintendent shall provide the parent a copy

 7  of s. 1002.41 and the accountability requirements of this

 8  paragraph. The district school superintendent shall also refer

 9  the parent to a home education review committee composed of

10  the district contact for home education programs and at least

11  two home educators selected by the parent from a district list

12  of all home educators who have conducted a home education

13  program for at least 3 years and who have indicated a

14  willingness to serve on the committee. The home education

15  review committee shall review the portfolio of the student, as

16  defined by s. 1002.41, every 30 days during the district's

17  regular school terms until the committee is satisfied that the

18  home education program is in compliance with s. 1002.41(1)(b).

19  The first portfolio review must occur within the first 30

20  calendar days of the establishment of the program. The

21  provisions of subparagraph 2. do not apply once the committee

22  determines the home education program is in compliance with s.

23  1002.41(1)(b).

24         2.  If the parent fails to provide a portfolio to the

25  committee, the committee shall notify the district school

26  superintendent. The district school superintendent shall then

27  terminate the home education program and require the parent to

28  enroll the child in an attendance option that meets the

29  definition of "regular school attendance" under s.

30  1003.01(13)(a), (b), (c), or (e), within 3 days. Upon

31  termination of a home education program pursuant to this

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    Florida Senate - 2006                                   SB 772
    22-670-06                                               See HB




 1  subparagraph, the parent shall not be eligible to reenroll the

 2  child in a home education program for 180 calendar days.

 3  Failure of a parent to enroll the child in an attendance

 4  option as required by this subparagraph after termination of

 5  the home education program pursuant to this subparagraph shall

 6  constitute noncompliance with the compulsory attendance

 7  requirements of s. 1003.21 and may result in criminal

 8  prosecution under s. 1003.27(2). Nothing contained herein

 9  shall restrict the ability of the district school

10  superintendent, or the ability of his or her designee, to

11  review the portfolio pursuant to s. 1002.41(1)(b).

12         (g)  If a student subject to compulsory school

13  attendance will not comply with attempts to enforce school

14  attendance, the parent or the district school superintendent

15  or his or her designee shall refer the case to the case

16  staffing committee pursuant to s. 984.12. In the event that

17  the implementation of a plan for services developed pursuant

18  to s. 984.12 is unsuccessful in correcting a student's

19  noncompliance with compulsory school attendance, and the

20  district school superintendent or his or her designee may file

21  a truancy petition pursuant to the procedures in s. 984.151.

22         (2)  GIVE WRITTEN NOTICE.--

23         (a)  Under the direction of the district school

24  superintendent, a designated school representative shall give

25  written notice that requires enrollment or attendance within 3

26  days after the date of notice, in person or by return-receipt

27  mail, to the parent when no valid reason is found for a

28  student's nonenrollment in school. If the notice and

29  requirement are ignored, the designated school representative

30  shall report the case to the district school superintendent,

31  and may refer the case to the case staffing committee,

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    Florida Senate - 2006                                   SB 772
    22-670-06                                               See HB




 1  established pursuant to s. 984.12. The district school

 2  superintendent shall take such steps as are necessary to bring

 3  criminal prosecution against the parent.

 4         (b)  Subsequent to the activities required under

 5  subsection (1), the district school superintendent or his or

 6  her designee shall give written notice in person or by

 7  return-receipt mail to the parent that criminal prosecution is

 8  being sought for nonattendance. The district school

 9  superintendent may file a truancy petition, as defined in s.

10  984.03, following the procedures outlined in s. 984.151.

11         (3)  RETURN STUDENT TO PARENT.--A designated school

12  representative may shall visit the home or place of residence

13  of a student and any other place in which he or she is likely

14  to find any student who is required to attend school when the

15  student is not enrolled or is absent from school during school

16  hours without an excuse, and, when the student is found, shall

17  return the student to his or her parent or to the principal or

18  teacher in charge of the school, or to the private tutor from

19  whom absent, or to the juvenile assessment center or other

20  location established by the district school board to receive

21  students who are absent from school. Upon receipt of the

22  student, the parent shall be immediately notified.

23         (4)  REPORT TO APPROPRIATE AUTHORITY.--A designated

24  school representative shall report to the appropriate

25  authority designated by law to receive such notices, all

26  violations of the Child Labor Law that may come to his or her

27  knowledge.

28         (5)  RIGHT TO INSPECT.--A designated school

29  representative shall have the right of access to, and

30  inspection of, establishments where minors may be employed or

31  detained only for the purpose of ascertaining whether students

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    Florida Senate - 2006                                   SB 772
    22-670-06                                               See HB




 1  of compulsory school age are actually employed there and are

 2  actually working there regularly. The designated school

 3  representative shall, if he or she finds unsatisfactory

 4  working conditions or violations of the Child Labor Law,

 5  report his or her findings to the appropriate authority.

 6         Section 5.  Paragraph (a) of subsection (27) of section

 7  984.03, Florida Statutes, is amended to read:

 8         984.03  Definitions.--When used in this chapter, the

 9  term:

10         (27)  "Habitually truant" means that:

11         (a)  The child has 15 unexcused absences within 90

12  calendar days with or without the knowledge or justifiable

13  consent of the child's parent or legal guardian, is subject to

14  compulsory school attendance under s. 1003.21(1) and (2)(a),

15  and is not exempt under s. 1003.21(3), s. 1003.24, or any

16  other exemptions specified by law or the rules of the State

17  Board of Education.

18  

19  If a child who is subject to compulsory school attendance is

20  responsive to the interventions described in ss. 1003.26 and

21  1003.27(3) and has completed the necessary requirements to

22  pass the current grade as indicated in the district pupil

23  progression plan, the child shall not be determined to be

24  habitually truant and shall be passed. If a child within the

25  compulsory school attendance age has 15 unexcused absences

26  within 90 calendar days or fails to enroll in school, the

27  State Attorney may, or the appropriate jurisdictional agency

28  shall, file a child-in-need-of-services petition if

29  recommended by the case staffing committee, unless it is

30  determined that another alternative action is preferable. The

31  failure or refusal of the parent or legal guardian or the

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    Florida Senate - 2006                                   SB 772
    22-670-06                                               See HB




 1  child to participate, or make a good faith effort to

 2  participate, in the activities prescribed to remedy the truant

 3  behavior, or the failure or refusal of the child to return to

 4  school after participation in activities required by this

 5  subsection, or the failure of the child to stop the truant

 6  behavior after the school administration and the Department of

 7  Juvenile Justice have worked with the child as described in

 8  ss. 1003.26 and 1003.27(3) shall be handled as prescribed in

 9  s. 1003.27.

10         Section 6.  Subsection (26) of section 985.03, Florida

11  Statutes, is amended to read:

12         985.03  Definitions.--As used in this chapter, the

13  term:

14         (26)  "Habitually truant" means that:

15         (a)1.  The child has 15 unexcused absences within 90

16  calendar days with or without the knowledge or justifiable

17  consent of the child's parent or legal guardian, is subject to

18  compulsory school attendance under s. 1003.21(1) and (2)(a),

19  and is not exempt under s. 1003.21(3), s. 1003.24, or any

20  other exemptions specified by law or the rules of the State

21  Board of Education.

22         2.(b)  Escalating activities to determine the cause,

23  and to attempt the remediation, of the child's truant behavior

24  under ss. 1003.26 and 1003.27 have been completed.

25  

26  If a child who is subject to compulsory school attendance is

27  responsive to the interventions described in ss. 1003.26 and

28  1003.27 and has completed the necessary requirements to pass

29  the current grade as indicated in the district pupil

30  progression plan, the child shall not be determined to be

31  habitually truant and shall be passed. If a child within the

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    Florida Senate - 2006                                   SB 772
    22-670-06                                               See HB




 1  compulsory school attendance age has 15 unexcused absences

 2  within 90 calendar days or fails to enroll in school, the

 3  state attorney may file a child-in-need-of-services petition.

 4  Before filing a petition, the child must be referred to the

 5  appropriate agency for evaluation. After consulting with the

 6  evaluating agency, the state attorney may elect to file a

 7  child-in-need-of-services petition.

 8         (b)(c)  A school representative, designated according

 9  to school board policy, and a juvenile probation officer of

10  the department have jointly investigated the truancy problem

11  or, if that was not feasible, have performed separate

12  investigations to identify conditions that could be

13  contributing to the truant behavior; and if, after a joint

14  staffing of the case to determine the necessity for services,

15  such services were determined to be needed, the persons who

16  performed the investigations met jointly with the family and

17  child to discuss any referral to appropriate community

18  agencies for economic services, family or individual

19  counseling, or other services required to remedy the

20  conditions that are contributing to the truant behavior.

21         (c)(d)  The failure or refusal of the parent or legal

22  guardian or the child to participate, or make a good faith

23  effort to participate, in the activities prescribed to remedy

24  the truant behavior, or the failure or refusal of the child to

25  return to school after participation in activities required by

26  this subsection, or the failure of the child to stop the

27  truant behavior after the school administration and the

28  department have worked with the child as described in s.

29  1003.27(3) shall be handled as prescribed in s. 1003.27.

30         Section 7.  Paragraphs (a) and (b) of subsection (2) of

31  section 1002.20, Florida Statutes, are amended to read:

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    Florida Senate - 2006                                   SB 772
    22-670-06                                               See HB




 1         1002.20  K-12 student and parent rights.--Parents of

 2  public school students must receive accurate and timely

 3  information regarding their child's academic progress and must

 4  be informed of ways they can help their child to succeed in

 5  school. K-12 students and their parents are afforded numerous

 6  statutory rights including, but not limited to, the following:

 7         (2)  ATTENDANCE.--

 8         (a)  Compulsory school attendance.--The compulsory

 9  school attendance laws apply to all children between the ages

10  of 6 and 16 years, as provided in s. 1003.21(1) and (2)(a),

11  and, in accordance with the provisions of s. 1003.21(1) and

12  (2)(a):

13         1.  A student who attains the age of 16 years during

14  the school year has the right to file a formal declaration of

15  intent to terminate school enrollment if the declaration is

16  signed by the parent. The parent has the right to be notified

17  by the school district of the district's receipt of the

18  student's declaration of intent to terminate school

19  enrollment.

20         2.  Students who become or have become married or who

21  are pregnant and parenting have the right to attend school and

22  receive the same or equivalent educational instruction as

23  other students.

24         (b)  Regular school attendance.--Parents of students

25  who have attained the age of 6 years by February 1 of any

26  school year but who have not attained the age of 16 years, or

27  the age adopted by district school board policy pursuant to s.

28  1003.21(1), must comply with the compulsory school attendance

29  laws. Parents have the option to comply with the school

30  attendance laws by attendance of the student in a public

31  school; a parochial, religious, or denominational school; a

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    Florida Senate - 2006                                   SB 772
    22-670-06                                               See HB




 1  private school; a home education program; or a private

 2  tutoring program, in accordance with the provisions of s.

 3  1003.01(13).

 4         Section 8.  Subsection (8) of section 1003.01, Florida

 5  Statutes, is amended to read:

 6         1003.01  Definitions.--As used in this chapter, the

 7  term:

 8         (8)  "Habitual truant" means a student who has 15

 9  unexcused absences within 90 calendar days with or without the

10  knowledge or consent of the student's parent, is subject to

11  compulsory school attendance under s. 1003.21(1) and (2)(a),

12  and is not exempt under s. 1003.21(3) or s. 1003.24, or by

13  meeting the criteria for any other exemption specified by law

14  or rules of the State Board of Education. Such a student must

15  have been the subject of the activities specified in ss.

16  1003.26 and 1003.27(3), without resultant successful

17  remediation of the truancy problem before being dealt with as

18  a child in need of services according to the provisions of

19  chapter 984.

20         Section 9.  This act shall take effect July 1, 2006.

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31  

                                  16

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