| 1 | A bill to be entitled |
| 2 | An act relating to public school attendance; creating s. |
| 3 | 1003.215, F.S.; creating the Student Preparedness Pilot |
| 4 | Program; requiring the Duval County School District and |
| 5 | each selected school district to review and identify |
| 6 | curricula options for certain students; requiring students |
| 7 | who attain the age of 16 years but have not reached the |
| 8 | age of 18 years in pilot program districts who do not |
| 9 | regularly attend school to be subject to specific |
| 10 | attendance and completion requirements; providing for an |
| 11 | application and selection process for school district |
| 12 | participation; specifying procedures for termination of |
| 13 | school enrollment and requirements for pilot program |
| 14 | attendance and completion; specifying that students who |
| 15 | select a nontraditional academic option are not eligible |
| 16 | students for purposes of school grading; requiring an |
| 17 | annual study and reporting by the Office of Program Policy |
| 18 | Analysis and Government Accountability; amending s. |
| 19 | 1003.01, F.S.; providing that habitual truancy provisions |
| 20 | apply to students subject to pilot program requirements; |
| 21 | defining regular program attendance in a pilot program |
| 22 | school district; amending s. 1003.21, F.S.; requiring a |
| 23 | student in a pilot program school district to be informed |
| 24 | of attendance and completion requirements; amending s. |
| 25 | 1003.26, F.S.; conforming cross-references; amending s. |
| 26 | 1004.99, F.S., relating to the Florida Ready to Work |
| 27 | Program; providing requirements for attaining bronze, |
| 28 | silver, and gold credential levels; providing an effective |
| 29 | date. |
| 30 |
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| 31 | Be It Enacted by the Legislature of the State of Florida: |
| 32 |
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| 33 | Section 1. Section 1003.215, Florida Statutes, is created |
| 34 | to read: |
| 35 | 1003.215 Student Preparedness Pilot Program.-- |
| 36 | (1) The Legislature finds it to be in the public interest |
| 37 | that all students exit from the public schools with academic |
| 38 | skills that provide the students with the opportunity to pursue |
| 39 | postsecondary education or with skills that lead to ready to |
| 40 | work certification, industry certification, or skill licensure. |
| 41 | (2)(a) Beginning with the 2008-2009 school year, and |
| 42 | continuing through the 2014-2015 school year, there is created |
| 43 | the Student Preparedness Pilot Program to be piloted by school |
| 44 | districts. Students in a school district selected to implement |
| 45 | the pilot program pursuant to subsection (3) who attain the age |
| 46 | of 16 years but have not reached the age of 18 years and who |
| 47 | choose to exercise their option not to regularly attend school |
| 48 | pursuant to s. 1003.21(1)(c) shall be subject to the attendance |
| 49 | and completion requirements of this section. |
| 50 | (b) In the 2008-2009 school year, each school district |
| 51 | selected pursuant to subsection (3) shall review, identify, and |
| 52 | develop curricula options for the implementation of the pilot |
| 53 | program requirements pursuant to paragraph (5)(a) for students |
| 54 | who attain the age of 16 years but have not reached the age of |
| 55 | 18 years whose academic goals may not include a traditional high |
| 56 | school diploma. These options shall include, but are not limited |
| 57 | to, nontraditional academic options and flexible attendance |
| 58 | options and may include a phase-in of students by age or grade. |
| 59 | Each selected school district must develop a plan to meet the |
| 60 | student's needs and the attendance and completion requirements |
| 61 | of this section prior to implementation of the pilot program in |
| 62 | the 2009-2010 school year. |
| 63 | (3) The Department of Education shall develop an |
| 64 | application process for all school districts to apply to |
| 65 | participate in the pilot program. The State Board of Education |
| 66 | shall select the pilot program districts, one of which shall be |
| 67 | the Duval County School District. |
| 68 | (4) Parents of public school students enrolled in a |
| 69 | participating pilot program district must receive accurate and |
| 70 | timely information regarding their child's academic progress and |
| 71 | must be informed of ways they can help their child to succeed in |
| 72 | school. |
| 73 | (5)(a) A student in a participating pilot program district |
| 74 | who attains the age of 16 years but has not reached the age of |
| 75 | 18 years has the right to file a formal declaration of intent to |
| 76 | terminate school enrollment if the declaration is signed by the |
| 77 | parent. The parent has the right to be notified by the school |
| 78 | district of the district's receipt of the student's declaration |
| 79 | of intent to terminate school enrollment. The student's guidance |
| 80 | counselor or other school personnel must conduct an exit |
| 81 | interview pursuant to s. 1003.21(1)(c). Any student in a |
| 82 | participating pilot program district who files a declaration |
| 83 | seeking to terminate school enrollment but has not reached the |
| 84 | age of 18 years shall be required, until completion or |
| 85 | attainment of the age of 18 years, to continue pursuing credits |
| 86 | toward a high school diploma, pursue a high school equivalency |
| 87 | diploma with participation in the Florida Ready to Work |
| 88 | Certification Program under s. 1004.99, participate in a career |
| 89 | or job training program leading to industry certification or |
| 90 | skill licensure that is developed by or in cooperation with the |
| 91 | district school board, or participate in the Florida Ready to |
| 92 | Work Certification Program under s. 1004.99. |
| 93 | (b) A Student Preparedness Pilot Program student subject |
| 94 | to the attendance and completion requirements of this section is |
| 95 | not an "eligible student" for purposes of school grading under |
| 96 | s. 1008.34(3)(b) if the student has selected a nontraditional |
| 97 | academic option of the pilot program. |
| 98 | (6) Students who become or have become married or who are |
| 99 | pregnant and parenting have the right to attend school and |
| 100 | receive the same or equivalent educational instruction as other |
| 101 | students. |
| 102 | (7) The Office of Program Policy Analysis and Government |
| 103 | Accountability (OPPAGA), in cooperation with the participating |
| 104 | pilot program districts, the applicable state attorneys' offices |
| 105 | and regional workforce boards, the Agency for Workforce |
| 106 | Innovation, the Department of Education, and the Department of |
| 107 | Juvenile Justice, shall conduct a study annually of the impact |
| 108 | of the pilot program on dropout and graduation rates, on the |
| 109 | employability of students, and on juvenile crime, using 2007- |
| 110 | 2008 data as the baseline for the research. OPPAGA shall develop |
| 111 | criteria for collection and reporting of data with input from |
| 112 | the cooperating entities. The results of each annual report |
| 113 | shall be made available to participating pilot program |
| 114 | districts, the applicable state attorneys' offices and regional |
| 115 | workforce boards, the Agency for Workforce Education, the |
| 116 | Department of Education, the Department of Juvenile Justice, the |
| 117 | Governor, the President of the Senate, and the Speaker of the |
| 118 | House of Representatives by January 1 following each school |
| 119 | year, beginning January 1, 2012. |
| 120 | Section 2. Subsections (8) and (13) of section 1003.01, |
| 121 | Florida Statutes, are amended to read: |
| 122 | 1003.01 Definitions.--As used in this chapter, the term: |
| 123 | (8) "Habitual truant" means a student who: has 15 |
| 124 | unexcused absences within 90 calendar days with or without the |
| 125 | knowledge or consent of the student's parent;, is subject to |
| 126 | compulsory school attendance under s. 1003.21(1) and (2)(a) or |
| 127 | is subject to the Student Preparedness Pilot Program under s. |
| 128 | 1003.215;, and is not exempt under s. 1003.21(3), or s. 1003.24, |
| 129 | or by meeting the criteria for any other exemption specified by |
| 130 | law or rules of the State Board of Education. Such a student |
| 131 | must have been the subject of the activities specified in ss. |
| 132 | 1003.26 and 1003.27(3), without resultant successful remediation |
| 133 | of the truancy problem before being dealt with as a child in |
| 134 | need of services according to the provisions of chapter 984. |
| 135 | (13)(a) "Regular school attendance" means the actual |
| 136 | attendance of a student during the school day as defined by law |
| 137 | and rules of the State Board of Education. Regular attendance |
| 138 | within the intent of s. 1003.21 may be achieved by attendance |
| 139 | in: |
| 140 | 1.(a) A public school supported by public funds; |
| 141 | 2.(b) A parochial, religious, or denominational school; |
| 142 | 3.(c) A private school supported in whole or in part by |
| 143 | tuition charges or by endowments or gifts; |
| 144 | 4.(d) A home education program that meets the requirements |
| 145 | of chapter 1002; or |
| 146 | 5.(e) A private tutoring program that meets the |
| 147 | requirements of chapter 1002. |
| 148 | (b) "Regular program attendance" for a student in the |
| 149 | Student Preparedness Pilot Program under s. 1003.215 means |
| 150 | actual attendance by the student in traditional or |
| 151 | nontraditional academic options as defined by law and rules of |
| 152 | the State Board of Education. The district school superintendent |
| 153 | shall be responsible for enforcing such attendance. |
| 154 | Section 3. Paragraph (c) of subsection (1) of section |
| 155 | 1003.21, Florida Statutes, is amended to read: |
| 156 | 1003.21 School attendance.-- |
| 157 | (1) |
| 158 | (c) A student who attains the age of 16 years during the |
| 159 | school year is not subject to compulsory school attendance |
| 160 | beyond the date upon which he or she attains that age if the |
| 161 | student files a formal declaration of intent to terminate school |
| 162 | enrollment with the district school board. Public school |
| 163 | students who have attained the age of 16 years and who have not |
| 164 | graduated are subject to compulsory school attendance until the |
| 165 | formal declaration of intent is filed with the district school |
| 166 | board. The declaration must acknowledge that terminating school |
| 167 | enrollment is likely to reduce the student's earning potential |
| 168 | and must be signed by the student and the student's parent. The |
| 169 | school district must notify the student's parent of receipt of |
| 170 | the student's declaration of intent to terminate school |
| 171 | enrollment. The student's guidance counselor or other school |
| 172 | personnel must conduct an exit interview with the student to |
| 173 | determine the reasons for the student's decision to terminate |
| 174 | school enrollment and actions that could be taken to keep the |
| 175 | student in school. The student must be informed of opportunities |
| 176 | to continue his or her education in a different environment, |
| 177 | including, but not limited to, adult education and GED test |
| 178 | preparation. Additionally, the student must complete a survey in |
| 179 | a format prescribed by the Department of Education to provide |
| 180 | data on student reasons for terminating enrollment and actions |
| 181 | taken by schools to keep students enrolled. A student enrolled |
| 182 | in a Student Preparedness Pilot Program school district must |
| 183 | receive information regarding the program's attendance and |
| 184 | completion requirements under s. 1003.215. |
| 185 | Section 4. Paragraph (f) of subsection (1) of section |
| 186 | 1003.26, Florida Statutes, is amended to read: |
| 187 | 1003.26 Enforcement of school attendance.--The Legislature |
| 188 | finds that poor academic performance is associated with |
| 189 | nonattendance and that school districts must take an active role |
| 190 | in promoting and enforcing attendance as a means of improving |
| 191 | student performance. It is the policy of the state that each |
| 192 | district school superintendent be responsible for enforcing |
| 193 | school attendance of all students subject to the compulsory |
| 194 | school age in the school district and supporting enforcement of |
| 195 | school attendance by local law enforcement agencies. The |
| 196 | responsibility includes recommending policies and procedures to |
| 197 | the district school board that require public schools to respond |
| 198 | in a timely manner to every unexcused absence, and every absence |
| 199 | for which the reason is unknown, of students enrolled in the |
| 200 | schools. District school board policies shall require the parent |
| 201 | of a student to justify each absence of the student, and that |
| 202 | justification will be evaluated based on adopted district school |
| 203 | board policies that define excused and unexcused absences. The |
| 204 | policies must provide that public schools track excused and |
| 205 | unexcused absences and contact the home in the case of an |
| 206 | unexcused absence from school, or an absence from school for |
| 207 | which the reason is unknown, to prevent the development of |
| 208 | patterns of nonattendance. The Legislature finds that early |
| 209 | intervention in school attendance is the most effective way of |
| 210 | producing good attendance habits that will lead to improved |
| 211 | student learning and achievement. Each public school shall |
| 212 | implement the following steps to promote and enforce regular |
| 213 | school attendance: |
| 214 | (1) CONTACT, REFER, AND ENFORCE.-- |
| 215 | (f)1. If the parent of a child who has been identified as |
| 216 | exhibiting a pattern of nonattendance enrolls the child in a |
| 217 | home education program pursuant to chapter 1002, the district |
| 218 | school superintendent shall provide the parent a copy of s. |
| 219 | 1002.41 and the accountability requirements of this paragraph. |
| 220 | The district school superintendent shall also refer the parent |
| 221 | to a home education review committee composed of the district |
| 222 | contact for home education programs and at least two home |
| 223 | educators selected by the parent from a district list of all |
| 224 | home educators who have conducted a home education program for |
| 225 | at least 3 years and who have indicated a willingness to serve |
| 226 | on the committee. The home education review committee shall |
| 227 | review the portfolio of the student, as defined by s. 1002.41, |
| 228 | every 30 days during the district's regular school terms until |
| 229 | the committee is satisfied that the home education program is in |
| 230 | compliance with s. 1002.41(1)(b). The first portfolio review |
| 231 | must occur within the first 30 calendar days of the |
| 232 | establishment of the program. The provisions of subparagraph 2. |
| 233 | do not apply once the committee determines the home education |
| 234 | program is in compliance with s. 1002.41(1)(b). |
| 235 | 2. If the parent fails to provide a portfolio to the |
| 236 | committee, the committee shall notify the district school |
| 237 | superintendent. The district school superintendent shall then |
| 238 | terminate the home education program and require the parent to |
| 239 | enroll the child in an attendance option that meets the |
| 240 | definition of "regular school attendance" under s. |
| 241 | 1003.01(13)(a)1., 2., 3., or 5., (b), (c), or (e), within 3 |
| 242 | days. Upon termination of a home education program pursuant to |
| 243 | this subparagraph, the parent shall not be eligible to reenroll |
| 244 | the child in a home education program for 180 calendar days. |
| 245 | Failure of a parent to enroll the child in an attendance option |
| 246 | as required by this subparagraph after termination of the home |
| 247 | education program pursuant to this subparagraph shall constitute |
| 248 | noncompliance with the compulsory attendance requirements of s. |
| 249 | 1003.21 and may result in criminal prosecution under s. |
| 250 | 1003.27(2). Nothing contained herein shall restrict the ability |
| 251 | of the district school superintendent, or the ability of his or |
| 252 | her designee, to review the portfolio pursuant to s. |
| 253 | 1002.41(1)(b). |
| 254 | Section 5. Paragraph (d) of subsection (3) of section |
| 255 | 1004.99, Florida Statutes, is amended, subsection (4) is |
| 256 | renumbered as subsection (5), and a new subsection (4) is added |
| 257 | to that section, to read: |
| 258 | 1004.99 Florida Ready to Work Certification Program.-- |
| 259 | (3) The Florida Ready to Work Certification Program shall |
| 260 | be composed of: |
| 261 | (d) A Florida Ready to Work Credential certificate and |
| 262 | portfolio awarded to students upon successful completion of the |
| 263 | instruction. Each portfolio must delineate the skills |
| 264 | demonstrated by the student as evidence of the student's |
| 265 | preparation for employment. |
| 266 | (4) A Florida Ready to Work Credential shall be awarded to |
| 267 | a student who successfully passes assessments in Reading for |
| 268 | Information, Applied Mathematics, and Locating Information or |
| 269 | any other assessments of comparable rigor. Each assessment shall |
| 270 | be scored on a scale of 3 to 7. The level of the credential each |
| 271 | student receives is based on the following: |
| 272 | (a) A bronze-level credential requires a minimum score of |
| 273 | 3 or above on each of the assessments. |
| 274 | (b) A silver-level credential requires a minimum score of |
| 275 | 4 or above on each of the assessments. |
| 276 | (c) A gold-level credential requires a minimum score of 5 |
| 277 | or above on each of the assessments. |
| 278 | Section 6. This act shall take effect July 1, 2008. |