HB 17

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 selected school districts, including
5the Duval County 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 the program's attendance and completion requirements;
25amending s. 1003.26, F.S.; conforming cross-references;
26providing an effective date.
27
28Be It Enacted by the Legislature of the State of Florida:
29
30     Section 1.  Section 1003.215, Florida Statutes, is created
31to read:
32     1003.215  Student Preparedness Pilot Program.--
33     (1)  The Legislature finds it to be in the public interest
34that all students exit from the public schools with academic
35skills that provide the students with the opportunity to pursue
36postsecondary education or with skills that lead to ready to
37work certification, industry certification, or skill licensure.
38     (2)(a)  Beginning with the 2009-2010 school year, and
39continuing through the 2015-2016 school year, there is created
40the Student Preparedness Pilot Program to be piloted by school
41districts. Students in a school district selected to implement
42the pilot program pursuant to subsection (3) who attain the age
43of 16 years but have not reached the age of 18 years and who
44choose to exercise their option not to regularly attend school
45pursuant to s. 1003.21(1)(c) shall be subject to the attendance
46and completion requirements of this section.
47     (b)  In the 2009-2010 school year, each school district
48selected pursuant to subsection (3) shall review, identify, and
49develop curricula options for the implementation of the pilot
50program requirements pursuant to paragraph (5)(a) for students
51who attain the age of 16 years but have not reached the age of
5218 years whose academic goals may not include a traditional high
53school diploma. These options shall include, but are not limited
54to, nontraditional academic options and flexible attendance
55options and may include a phase-in of students by age or grade.
56Each selected school district must develop a plan to meet the
57student's needs and the attendance and completion requirements
58of this section prior to implementation of the pilot program in
59the 2010-2011 school year.
60     (3)  The Department of Education shall develop an
61application process for school districts to apply to participate
62in the pilot program. The State Board of Education shall select
63the pilot program districts, at least one of which shall be a
64district with a student population in excess of 100,000
65students, one of which shall be a district with a student
66population of 25,000 to 100,000 students, and one of which shall
67be a district with a student population of fewer than 25,000
68students. One of the districts selected by the state board shall
69be the Duval County School District. The state board shall
70select participating districts from among those applying based
71on their dropout rates and opportunities for providing training
72in job skills that lead to ready to work certification, industry
73certification, or skill licensure.
74     (4)  Parents of public school students enrolled in a
75participating pilot program district must receive accurate and
76timely information regarding their child's academic progress and
77must be informed of ways they can help their child to succeed in
78school.
79     (5)(a)  A student in a participating pilot program district
80who attains the age of 16 years but has not reached the age of
8118 years has the right to file a formal declaration of intent to
82terminate school enrollment if the declaration is signed by the
83parent. The parent has the right to be notified by the school
84district of the district's receipt of the student's declaration
85of intent to terminate school enrollment. The student's guidance
86counselor or other school personnel must conduct an exit
87interview pursuant to s. 1003.21(1)(c). Any student in a
88participating pilot program district who files a declaration
89seeking to terminate school enrollment but has not reached the
90age of 18 years shall be required, until completion or
91attainment of the age of 18 years, to continue pursuing credits
92toward a high school diploma, pursue a high school equivalency
93diploma with participation in the Florida Ready to Work
94Certification Program under s. 1004.99, participate in a career
95or job training program leading to industry certification or
96skill licensure that is developed by or in cooperation with the
97district school board, or participate in the Florida Ready to
98Work Certification Program under s. 1004.99.
99     (b)  A Student Preparedness Pilot Program student subject
100to the attendance and completion requirements of this section is
101not an "eligible student" for purposes of school grading under
102s. 1008.34(3)(b) if the student has selected a nontraditional
103academic option of the pilot program.
104     (6)  Students who become or have become married or who are
105pregnant and parenting have the right to attend school and
106receive the same or equivalent educational instruction as other
107students.
108     (7)  The Office of Program Policy Analysis and Government
109Accountability (OPPAGA), in cooperation with the participating
110pilot program districts, the applicable state attorneys' offices
111and regional workforce boards, the Agency for Workforce
112Innovation, the Department of Education, and the Department of
113Juvenile Justice, shall conduct a study annually of the impact
114of the pilot program on dropout and graduation rates, on the
115employability of students, and on juvenile crime, using 2008-
1162009 data as the baseline for the research. OPPAGA shall develop
117criteria for collection and reporting of data with input from
118the cooperating entities. The results of each annual report
119shall be made available to participating pilot program
120districts, the applicable state attorneys' offices and regional
121workforce boards, the Agency for Workforce Education, the
122Department of Education, the Department of Juvenile Justice, the
123Governor, the President of the Senate, and the Speaker of the
124House of Representatives by January 1 following each school
125year, beginning January 1, 2013.
126     Section 2.  Subsections (8) and (13) of section 1003.01,
127Florida Statutes, are amended to read:
128     1003.01  Definitions.--As used in this chapter, the term:
129     (8)  "Habitual truant" means a student who: has 15
130unexcused absences within 90 calendar days with or without the
131knowledge or consent of the student's parent;, is subject to
132compulsory school attendance under s. 1003.21(1) and (2)(a) or
133is subject to the Student Preparedness Pilot Program under s.
1341003.215;, and is not exempt under s. 1003.21(3), or s. 1003.24,
135or by meeting the criteria for any other exemption specified by
136law or rules of the State Board of Education. Such a student
137must have been the subject of the activities specified in ss.
1381003.26 and 1003.27(3), without resultant successful remediation
139of the truancy problem before being dealt with as a child in
140need of services according to the provisions of chapter 984.
141     (13)(a)  "Regular school attendance" means the actual
142attendance of a student during the school day as defined by law
143and rules of the State Board of Education. Regular attendance
144within the intent of s. 1003.21 may be achieved by attendance
145in:
146     1.(a)  A public school supported by public funds;
147     2.(b)  A parochial, religious, or denominational school;
148     3.(c)  A private school supported in whole or in part by
149tuition charges or by endowments or gifts;
150     4.(d)  A home education program that meets the requirements
151of chapter 1002; or
152     5.(e)  A private tutoring program that meets the
153requirements of chapter 1002.
154     (b)  "Regular program attendance" for a student in the
155Student Preparedness Pilot Program under s. 1003.215 means
156actual attendance by the student in traditional or
157nontraditional academic options as defined by law and rules of
158the State Board of Education. The district school superintendent
159shall be responsible for enforcing such attendance.
160     Section 3.  Paragraph (c) of subsection (1) of section
1611003.21, Florida Statutes, is amended to read:
162     1003.21  School attendance.--
163     (1)
164     (c)  A student who attains the age of 16 years during the
165school year is not subject to compulsory school attendance
166beyond the date upon which he or she attains that age if the
167student files a formal declaration of intent to terminate school
168enrollment with the district school board. Public school
169students who have attained the age of 16 years and who have not
170graduated are subject to compulsory school attendance until the
171formal declaration of intent is filed with the district school
172board. The declaration must acknowledge that terminating school
173enrollment is likely to reduce the student's earning potential
174and must be signed by the student and the student's parent. The
175school district must notify the student's parent of receipt of
176the student's declaration of intent to terminate school
177enrollment. The student's guidance counselor or other school
178personnel must conduct an exit interview with the student to
179determine the reasons for the student's decision to terminate
180school enrollment and actions that could be taken to keep the
181student in school. The student must be informed of opportunities
182to continue his or her education in a different environment,
183including, but not limited to, adult education and GED test
184preparation. Additionally, the student must complete a survey in
185a format prescribed by the Department of Education to provide
186data on student reasons for terminating enrollment and actions
187taken by schools to keep students enrolled. A student enrolled
188in a Student Preparedness Pilot Program school district must
189receive information regarding the program's attendance and
190completion requirements under s. 1003.215.
191     Section 4.  Paragraph (f) of subsection (1) of section
1921003.26, Florida Statutes, is amended to read:
193     1003.26  Enforcement of school attendance.--The Legislature
194finds that poor academic performance is associated with
195nonattendance and that school districts must take an active role
196in promoting and enforcing attendance as a means of improving
197student performance. It is the policy of the state that each
198district school superintendent be responsible for enforcing
199school attendance of all students subject to the compulsory
200school age in the school district and supporting enforcement of
201school attendance by local law enforcement agencies. The
202responsibility includes recommending policies and procedures to
203the district school board that require public schools to respond
204in a timely manner to every unexcused absence, and every absence
205for which the reason is unknown, of students enrolled in the
206schools. District school board policies shall require the parent
207of a student to justify each absence of the student, and that
208justification will be evaluated based on adopted district school
209board policies that define excused and unexcused absences. The
210policies must provide that public schools track excused and
211unexcused absences and contact the home in the case of an
212unexcused absence from school, or an absence from school for
213which the reason is unknown, to prevent the development of
214patterns of nonattendance. The Legislature finds that early
215intervention in school attendance is the most effective way of
216producing good attendance habits that will lead to improved
217student learning and achievement. Each public school shall
218implement the following steps to promote and enforce regular
219school attendance:
220     (1)  CONTACT, REFER, AND ENFORCE.--
221     (f)1.  If the parent of a child who has been identified as
222exhibiting a pattern of nonattendance enrolls the child in a
223home education program pursuant to chapter 1002, the district
224school superintendent shall provide the parent a copy of s.
2251002.41 and the accountability requirements of this paragraph.
226The district school superintendent shall also refer the parent
227to a home education review committee composed of the district
228contact for home education programs and at least two home
229educators selected by the parent from a district list of all
230home educators who have conducted a home education program for
231at least 3 years and who have indicated a willingness to serve
232on the committee. The home education review committee shall
233review the portfolio of the student, as defined by s. 1002.41,
234every 30 days during the district's regular school terms until
235the committee is satisfied that the home education program is in
236compliance with s. 1002.41(1)(b). The first portfolio review
237must occur within the first 30 calendar days of the
238establishment of the program. The provisions of subparagraph 2.
239do not apply once the committee determines the home education
240program is in compliance with s. 1002.41(1)(b).
241     2.  If the parent fails to provide a portfolio to the
242committee, the committee shall notify the district school
243superintendent. The district school superintendent shall then
244terminate the home education program and require the parent to
245enroll the child in an attendance option that meets the
246definition of "regular school attendance" under s.
2471003.01(13)(a)1., 2., 3., or 5., (b), (c), or (e), within 3
248days. Upon termination of a home education program pursuant to
249this subparagraph, the parent shall not be eligible to reenroll
250the child in a home education program for 180 calendar days.
251Failure of a parent to enroll the child in an attendance option
252as required by this subparagraph after termination of the home
253education program pursuant to this subparagraph shall constitute
254noncompliance with the compulsory attendance requirements of s.
2551003.21 and may result in criminal prosecution under s.
2561003.27(2). Nothing contained herein shall restrict the ability
257of the district school superintendent, or the ability of his or
258her designee, to review the portfolio pursuant to s.
2591002.41(1)(b).
260     Section 5.  This act shall take effect July 1, 2009.


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