CS/HB 817

1
A bill to be entitled
2An act relating to public school attendance; creating s.
31003.215, F.S.; creating the Student Preparedness Pilot
4Program; requiring the Duval County School District and
5each selected school district to review and identify
6curricula options for certain students; requiring students
7who attain the age of 16 years but have not reached the
8age of 18 years in pilot program districts who do not
9regularly attend school to be subject to specific
10attendance and completion requirements; providing for an
11application and selection process for school district
12participation; specifying procedures for termination of
13school enrollment and requirements for pilot program
14attendance and completion; specifying that students who
15select a nontraditional academic option are not eligible
16students for purposes of school grading; requiring an
17annual study and reporting by the Office of Program Policy
18Analysis and Government Accountability; amending s.
191003.01, F.S.; providing that habitual truancy provisions
20apply to students subject to pilot program requirements;
21defining regular program attendance in a pilot program
22school district; amending s. 1003.21, F.S.; requiring a
23student in a pilot program school district to be informed
24of attendance and completion requirements; amending s.
251003.26, F.S.; conforming cross-references; amending s.
261004.99, F.S., relating to the Florida Ready to Work
27Program; providing requirements for attaining bronze,
28silver, and gold credential levels; providing an effective
29date.
30
31Be It Enacted by the Legislature of the State of Florida:
32
33     Section 1.  Section 1003.215, Florida Statutes, is created
34to read:
35     1003.215  Student Preparedness Pilot Program.--
36     (1)  The Legislature finds it to be in the public interest
37that all students exit from the public schools with academic
38skills that provide the students with the opportunity to pursue
39postsecondary education or with skills that lead to ready to
40work certification, industry certification, or skill licensure.
41     (2)(a)  Beginning with the 2008-2009 school year, and
42continuing through the 2014-2015 school year, there is created
43the Student Preparedness Pilot Program to be piloted by school
44districts. Students in a school district selected to implement
45the pilot program pursuant to subsection (3) who attain the age
46of 16 years but have not reached the age of 18 years and who
47choose to exercise their option not to regularly attend school
48pursuant to s. 1003.21(1)(c) shall be subject to the attendance
49and completion requirements of this section.
50     (b)  In the 2008-2009 school year, each school district
51selected pursuant to subsection (3) shall review, identify, and
52develop curricula options for the implementation of the pilot
53program requirements pursuant to paragraph (5)(a) for students
54who attain the age of 16 years but have not reached the age of
5518 years whose academic goals may not include a traditional high
56school diploma. These options shall include, but are not limited
57to, nontraditional academic options and flexible attendance
58options and may include a phase-in of students by age or grade.
59Each selected school district must develop a plan to meet the
60student's needs and the attendance and completion requirements
61of this section prior to implementation of the pilot program in
62the 2009-2010 school year.
63     (3)  The Department of Education shall develop an
64application process for all school districts to apply to
65participate in the pilot program. The State Board of Education
66shall select the pilot program districts, one of which shall be
67the Duval County School District.
68     (4)  Parents of public school students enrolled in a
69participating pilot program district must receive accurate and
70timely information regarding their child's academic progress and
71must be informed of ways they can help their child to succeed in
72school.
73     (5)(a)  A student in a participating pilot program district
74who attains the age of 16 years but has not reached the age of
7518 years has the right to file a formal declaration of intent to
76terminate school enrollment if the declaration is signed by the
77parent. The parent has the right to be notified by the school
78district of the district's receipt of the student's declaration
79of intent to terminate school enrollment. The student's guidance
80counselor or other school personnel must conduct an exit
81interview pursuant to s. 1003.21(1)(c). Any student in a
82participating pilot program district who files a declaration
83seeking to terminate school enrollment but has not reached the
84age of 18 years shall be required, until completion or
85attainment of the age of 18 years, to continue pursuing credits
86toward a high school diploma, pursue a high school equivalency
87diploma with participation in the Florida Ready to Work
88Certification Program under s. 1004.99, participate in a career
89or job training program leading to industry certification or
90skill licensure that is developed by or in cooperation with the
91district school board, or participate in the Florida Ready to
92Work Certification Program under s. 1004.99.
93     (b)  A Student Preparedness Pilot Program student subject
94to the attendance and completion requirements of this section is
95not an "eligible student" for purposes of school grading under
96s. 1008.34(3)(b) if the student has selected a nontraditional
97academic option of the pilot program.
98     (6)  Students who become or have become married or who are
99pregnant and parenting have the right to attend school and
100receive the same or equivalent educational instruction as other
101students.
102     (7)  The Office of Program Policy Analysis and Government
103Accountability (OPPAGA), in cooperation with the participating
104pilot program districts, the applicable state attorneys' offices
105and regional workforce boards, the Agency for Workforce
106Innovation, the Department of Education, and the Department of
107Juvenile Justice, shall conduct a study annually of the impact
108of the pilot program on dropout and graduation rates, on the
109employability of students, and on juvenile crime, using 2007-
1102008 data as the baseline for the research. OPPAGA shall develop
111criteria for collection and reporting of data with input from
112the cooperating entities. The results of each annual report
113shall be made available to participating pilot program
114districts, the applicable state attorneys' offices and regional
115workforce boards, the Agency for Workforce Education, the
116Department of Education, the Department of Juvenile Justice, the
117Governor, the President of the Senate, and the Speaker of the
118House of Representatives by January 1 following each school
119year, beginning January 1, 2012.
120     Section 2.  Subsections (8) and (13) of section 1003.01,
121Florida 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
124unexcused absences within 90 calendar days with or without the
125knowledge or consent of the student's parent;, is subject to
126compulsory school attendance under s. 1003.21(1) and (2)(a) or
127is subject to the Student Preparedness Pilot Program under s.
1281003.215;, and is not exempt under s. 1003.21(3), or s. 1003.24,
129or by meeting the criteria for any other exemption specified by
130law or rules of the State Board of Education. Such a student
131must have been the subject of the activities specified in ss.
1321003.26 and 1003.27(3), without resultant successful remediation
133of the truancy problem before being dealt with as a child in
134need of services according to the provisions of chapter 984.
135     (13)(a)  "Regular school attendance" means the actual
136attendance of a student during the school day as defined by law
137and rules of the State Board of Education. Regular attendance
138within the intent of s. 1003.21 may be achieved by attendance
139in:
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
143tuition charges or by endowments or gifts;
144     4.(d)  A home education program that meets the requirements
145of chapter 1002; or
146     5.(e)  A private tutoring program that meets the
147requirements of chapter 1002.
148     (b)  "Regular program attendance" for a student in the
149Student Preparedness Pilot Program under s. 1003.215 means
150actual attendance by the student in traditional or
151nontraditional academic options as defined by law and rules of
152the State Board of Education. The district school superintendent
153shall be responsible for enforcing such attendance.
154     Section 3.  Paragraph (c) of subsection (1) of section
1551003.21, 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
159school year is not subject to compulsory school attendance
160beyond the date upon which he or she attains that age if the
161student files a formal declaration of intent to terminate school
162enrollment with the district school board. Public school
163students who have attained the age of 16 years and who have not
164graduated are subject to compulsory school attendance until the
165formal declaration of intent is filed with the district school
166board. The declaration must acknowledge that terminating school
167enrollment is likely to reduce the student's earning potential
168and must be signed by the student and the student's parent. The
169school district must notify the student's parent of receipt of
170the student's declaration of intent to terminate school
171enrollment. The student's guidance counselor or other school
172personnel must conduct an exit interview with the student to
173determine the reasons for the student's decision to terminate
174school enrollment and actions that could be taken to keep the
175student in school. The student must be informed of opportunities
176to continue his or her education in a different environment,
177including, but not limited to, adult education and GED test
178preparation. Additionally, the student must complete a survey in
179a format prescribed by the Department of Education to provide
180data on student reasons for terminating enrollment and actions
181taken by schools to keep students enrolled. A student enrolled
182in a Student Preparedness Pilot Program school district must
183receive information regarding the program's attendance and
184completion requirements under s. 1003.215.
185     Section 4.  Paragraph (f) of subsection (1) of section
1861003.26, Florida Statutes, is amended to read:
187     1003.26  Enforcement of school attendance.--The Legislature
188finds that poor academic performance is associated with
189nonattendance and that school districts must take an active role
190in promoting and enforcing attendance as a means of improving
191student performance. It is the policy of the state that each
192district school superintendent be responsible for enforcing
193school attendance of all students subject to the compulsory
194school age in the school district and supporting enforcement of
195school attendance by local law enforcement agencies. The
196responsibility includes recommending policies and procedures to
197the district school board that require public schools to respond
198in a timely manner to every unexcused absence, and every absence
199for which the reason is unknown, of students enrolled in the
200schools. District school board policies shall require the parent
201of a student to justify each absence of the student, and that
202justification will be evaluated based on adopted district school
203board policies that define excused and unexcused absences. The
204policies must provide that public schools track excused and
205unexcused absences and contact the home in the case of an
206unexcused absence from school, or an absence from school for
207which the reason is unknown, to prevent the development of
208patterns of nonattendance. The Legislature finds that early
209intervention in school attendance is the most effective way of
210producing good attendance habits that will lead to improved
211student learning and achievement. Each public school shall
212implement the following steps to promote and enforce regular
213school attendance:
214     (1)  CONTACT, REFER, AND ENFORCE.--
215     (f)1.  If the parent of a child who has been identified as
216exhibiting a pattern of nonattendance enrolls the child in a
217home education program pursuant to chapter 1002, the district
218school superintendent shall provide the parent a copy of s.
2191002.41 and the accountability requirements of this paragraph.
220The district school superintendent shall also refer the parent
221to a home education review committee composed of the district
222contact for home education programs and at least two home
223educators selected by the parent from a district list of all
224home educators who have conducted a home education program for
225at least 3 years and who have indicated a willingness to serve
226on the committee. The home education review committee shall
227review the portfolio of the student, as defined by s. 1002.41,
228every 30 days during the district's regular school terms until
229the committee is satisfied that the home education program is in
230compliance with s. 1002.41(1)(b). The first portfolio review
231must occur within the first 30 calendar days of the
232establishment of the program. The provisions of subparagraph 2.
233do not apply once the committee determines the home education
234program is in compliance with s. 1002.41(1)(b).
235     2.  If the parent fails to provide a portfolio to the
236committee, the committee shall notify the district school
237superintendent. The district school superintendent shall then
238terminate the home education program and require the parent to
239enroll the child in an attendance option that meets the
240definition of "regular school attendance" under s.
2411003.01(13)(a)1., 2., 3., or 5., (b), (c), or (e), within 3
242days. Upon termination of a home education program pursuant to
243this subparagraph, the parent shall not be eligible to reenroll
244the child in a home education program for 180 calendar days.
245Failure of a parent to enroll the child in an attendance option
246as required by this subparagraph after termination of the home
247education program pursuant to this subparagraph shall constitute
248noncompliance with the compulsory attendance requirements of s.
2491003.21 and may result in criminal prosecution under s.
2501003.27(2). Nothing contained herein shall restrict the ability
251of the district school superintendent, or the ability of his or
252her designee, to review the portfolio pursuant to s.
2531002.41(1)(b).
254     Section 5.  Paragraph (d) of subsection (3) of section
2551004.99, Florida Statutes, is amended, subsection (4) is
256renumbered as subsection (5), and a new subsection (4) is added
257to that section, to read:
258     1004.99  Florida Ready to Work Certification Program.--
259     (3)  The Florida Ready to Work Certification Program shall
260be composed of:
261     (d)  A Florida Ready to Work Credential certificate and
262portfolio awarded to students upon successful completion of the
263instruction. Each portfolio must delineate the skills
264demonstrated by the student as evidence of the student's
265preparation for employment.
266     (4)  A Florida Ready to Work Credential shall be awarded to
267a student who successfully passes assessments in Reading for
268Information, Applied Mathematics, and Locating Information or
269any other assessments of comparable rigor. Each assessment shall
270be scored on a scale of 3 to 7. The level of the credential each
271student receives is based on the following:
272     (a)  A bronze-level credential requires a minimum score of
2733 or above on each of the assessments.
274     (b)  A silver-level credential requires a minimum score of
2754 or above on each of the assessments.
276     (c)  A gold-level credential requires a minimum score of 5
277or above on each of the assessments.
278     Section 6.  This act shall take effect July 1, 2008.


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