Florida Senate - 2008 (Reformatted) SB 252

By Senator Wilson

33-00079-08 2008252__

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A bill to be entitled

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An act relating to mandatory school attendance; amending

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ss. 1002.20, 1003.21, and 1003.51, F.S.; changing the

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ending age for mandatory school attendance from 16 years

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to 18 years; providing an effective date.

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

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     Section 1.  Paragraphs (a) and (b) of subsection (2) of

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section 1002.20, Florida Statutes, are amended to read:

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

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school students must receive accurate and timely information

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regarding their child's academic progress and must be informed of

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ways they can help their child to succeed in school. K-12

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students and their parents are afforded numerous statutory rights

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including, but not limited to, the following:

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     (2)  ATTENDANCE.--

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

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attendance laws apply to all children between the ages of 6 and

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18 16 years, as provided in s. 1003.21(1) and (2)(a), and, in

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accordance with the provisions of s. 1003.21(1) and (2)(a):

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

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

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to terminate school enrollment if the declaration is signed by

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the parent. The parent has the right to be notified by the school

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district of the district's receipt of the student's declaration

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of intent to terminate school enrollment.

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

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pregnant and parenting have the right to attend school and

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receive the same or equivalent educational instruction as other

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students.

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

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have attained the age of 6 years by February 1 of any school year

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but who have not attained the age of 18 16 years must comply with

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the compulsory school attendance laws. Parents have the option to

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comply with the school attendance laws by attendance of the

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student in a public school; a parochial, religious, or

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denominational school; a private school; a home education

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program; or a private tutoring program, in accordance with the

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provisions of s. 1003.01(13).

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     Section 2.  Paragraphs (a) and (c) of subsection (1) of

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section 1003.21, Florida Statutes, are amended to read:

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     1003.21  School attendance.--

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

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

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school year or who are older than 6 years of age but who have not

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attained the age of 18 16 years, except as otherwise provided,

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are required to attend school regularly during the entire school

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term.

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

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before September 1 of the school year are eligible for admission

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to public kindergartens during that school year under rules

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adopted by the district school board.

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     (c) A student who attains the age of 18 16 years during the

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school year is not subject to compulsory school attendance beyond

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the date upon which he or she attains that age if the student

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files a formal declaration of intent to terminate school

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enrollment with the district school board. Public school students

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who have attained the age of 18 16 years and who have not

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graduated are subject to compulsory school attendance until the

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formal declaration of intent is filed with the district school

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board. The declaration must acknowledge that terminating school

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enrollment is likely to reduce the student's earning potential

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

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school district must notify the student's parent of receipt of

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the student's declaration of intent to terminate school

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enrollment. The student's guidance counselor or other school

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personnel must conduct an exit interview with the student to

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determine the reasons for the student's decision to terminate

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school enrollment and actions that could be taken to keep the

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student in school. The student must be informed of opportunities

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to continue his or her education in a different environment,

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including, but not limited to, adult education and GED test

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preparation. Additionally, the student must complete a survey in

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a format prescribed by the Department of Education to provide

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data on student reasons for terminating enrollment and actions

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taken by schools to keep students enrolled.

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     Section 3.  Subsection (4) of section 1003.51, Florida

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Statutes, is amended to read:

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     1003.51  Other public educational services.--

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     (4)  The Department of Education shall ensure that district

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school boards notify students in juvenile justice residential or

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nonresidential facilities who attain the age of 18 16 years of

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the provisions of law regarding compulsory school attendance and

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make available the option of enrolling in a program to attain a

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Florida high school diploma by taking the general educational

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development test prior to release from the facility. District

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school boards or community colleges, or both, shall waive GED

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testing fees for youth in Department of Juvenile Justice

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residential programs and shall, upon request, designate schools

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operating for the purpose of providing educational services to

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youth in Department of Juvenile Justice programs as GED testing

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centers, subject to GED testing center requirements. The

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administrative fees for the general education development test

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required by the Department of Education are the responsibility of

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district school boards and may be required of providers by

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contractual agreement.

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     Section 4.  This act shall take effect July 1, 2008.

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