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 selected school districts, including |
5 | the Duval County 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 the program's attendance and completion requirements; |
25 | amending s. 1003.26, F.S.; conforming cross-references; |
26 | providing an effective date. |
27 |
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28 | Be It Enacted by the Legislature of the State of Florida: |
29 |
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30 | Section 1. Section 1003.215, Florida Statutes, is created |
31 | to read: |
32 | 1003.215 Student Preparedness Pilot Program.-- |
33 | (1) The Legislature finds it to be in the public interest |
34 | that all students exit from the public schools with academic |
35 | skills that provide the students with the opportunity to pursue |
36 | postsecondary education or with skills that lead to ready to |
37 | work certification, industry certification, or skill licensure. |
38 | (2)(a) Beginning with the 2009-2010 school year, and |
39 | continuing through the 2015-2016 school year, there is created |
40 | the Student Preparedness Pilot Program to be piloted by school |
41 | districts. Students in a school district selected to implement |
42 | the pilot program pursuant to subsection (3) who attain the age |
43 | of 16 years but have not reached the age of 18 years and who |
44 | choose to exercise their option not to regularly attend school |
45 | pursuant to s. 1003.21(1)(c) shall be subject to the attendance |
46 | and completion requirements of this section. |
47 | (b) In the 2009-2010 school year, each school district |
48 | selected pursuant to subsection (3) shall review, identify, and |
49 | develop curricula options for the implementation of the pilot |
50 | program requirements pursuant to paragraph (5)(a) for students |
51 | who attain the age of 16 years but have not reached the age of |
52 | 18 years whose academic goals may not include a traditional high |
53 | school diploma. These options shall include, but are not limited |
54 | to, nontraditional academic options and flexible attendance |
55 | options and may include a phase-in of students by age or grade. |
56 | Each selected school district must develop a plan to meet the |
57 | student's needs and the attendance and completion requirements |
58 | of this section prior to implementation of the pilot program in |
59 | the 2010-2011 school year. |
60 | (3) The Department of Education shall develop an |
61 | application process for school districts to apply to participate |
62 | in the pilot program. The State Board of Education shall select |
63 | the pilot program districts, at least one of which shall be a |
64 | district with a student population in excess of 100,000 |
65 | students, one of which shall be a district with a student |
66 | population of 25,000 to 100,000 students, and one of which shall |
67 | be a district with a student population of fewer than 25,000 |
68 | students. One of the districts selected by the state board shall |
69 | be the Duval County School District. The state board shall |
70 | select participating districts from among those applying based |
71 | on their dropout rates and opportunities for providing training |
72 | in job skills that lead to ready to work certification, industry |
73 | certification, or skill licensure. |
74 | (4) Parents of public school students enrolled in a |
75 | participating pilot program district must receive accurate and |
76 | timely information regarding their child's academic progress and |
77 | must be informed of ways they can help their child to succeed in |
78 | school. |
79 | (5)(a) A student in a participating pilot program district |
80 | who attains the age of 16 years but has not reached the age of |
81 | 18 years has the right to file a formal declaration of intent to |
82 | terminate school enrollment if the declaration is signed by the |
83 | parent. The parent has the right to be notified by the school |
84 | district of the district's receipt of the student's declaration |
85 | of intent to terminate school enrollment. The student's guidance |
86 | counselor or other school personnel must conduct an exit |
87 | interview pursuant to s. 1003.21(1)(c). Any student in a |
88 | participating pilot program district who files a declaration |
89 | seeking to terminate school enrollment but has not reached the |
90 | age of 18 years shall be required, until completion or |
91 | attainment of the age of 18 years, to continue pursuing credits |
92 | toward a high school diploma, pursue a high school equivalency |
93 | diploma with participation in the Florida Ready to Work |
94 | Certification Program under s. 1004.99, participate in a career |
95 | or job training program leading to industry certification or |
96 | skill licensure that is developed by or in cooperation with the |
97 | district school board, or participate in the Florida Ready to |
98 | Work Certification Program under s. 1004.99. |
99 | (b) A Student Preparedness Pilot Program student subject |
100 | to the attendance and completion requirements of this section is |
101 | not an "eligible student" for purposes of school grading under |
102 | s. 1008.34(3)(b) if the student has selected a nontraditional |
103 | academic option of the pilot program. |
104 | (6) Students who become or have become married or who are |
105 | pregnant and parenting have the right to attend school and |
106 | receive the same or equivalent educational instruction as other |
107 | students. |
108 | (7) The Office of Program Policy Analysis and Government |
109 | Accountability (OPPAGA), in cooperation with the participating |
110 | pilot program districts, the applicable state attorneys' offices |
111 | and regional workforce boards, the Agency for Workforce |
112 | Innovation, the Department of Education, and the Department of |
113 | Juvenile Justice, shall conduct a study annually of the impact |
114 | of the pilot program on dropout and graduation rates, on the |
115 | employability of students, and on juvenile crime, using 2008- |
116 | 2009 data as the baseline for the research. OPPAGA shall develop |
117 | criteria for collection and reporting of data with input from |
118 | the cooperating entities. The results of each annual report |
119 | shall be made available to participating pilot program |
120 | districts, the applicable state attorneys' offices and regional |
121 | workforce boards, the Agency for Workforce Education, the |
122 | Department of Education, the Department of Juvenile Justice, the |
123 | Governor, the President of the Senate, and the Speaker of the |
124 | House of Representatives by January 1 following each school |
125 | year, beginning January 1, 2013. |
126 | Section 2. Subsections (8) and (13) of section 1003.01, |
127 | Florida 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 |
130 | unexcused absences within 90 calendar days with or without the |
131 | knowledge or consent of the student's parent;, is subject to |
132 | compulsory school attendance under s. 1003.21(1) and (2)(a) or |
133 | is subject to the Student Preparedness Pilot Program under s. |
134 | 1003.215;, and is not exempt under s. 1003.21(3), or s. 1003.24, |
135 | or by meeting the criteria for any other exemption specified by |
136 | law or rules of the State Board of Education. Such a student |
137 | must have been the subject of the activities specified in ss. |
138 | 1003.26 and 1003.27(3), without resultant successful remediation |
139 | of the truancy problem before being dealt with as a child in |
140 | need of services according to the provisions of chapter 984. |
141 | (13)(a) "Regular school attendance" means the actual |
142 | attendance of a student during the school day as defined by law |
143 | and rules of the State Board of Education. Regular attendance |
144 | within the intent of s. 1003.21 may be achieved by attendance |
145 | in: |
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 |
149 | tuition charges or by endowments or gifts; |
150 | 4.(d) A home education program that meets the requirements |
151 | of chapter 1002; or |
152 | 5.(e) A private tutoring program that meets the |
153 | requirements of chapter 1002. |
154 | (b) "Regular program attendance" for a student in the |
155 | Student Preparedness Pilot Program under s. 1003.215 means |
156 | actual attendance by the student in traditional or |
157 | nontraditional academic options as defined by law and rules of |
158 | the State Board of Education. The district school superintendent |
159 | shall be responsible for enforcing such attendance. |
160 | Section 3. Paragraph (c) of subsection (1) of section |
161 | 1003.21, 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 |
165 | school year is not subject to compulsory school attendance |
166 | beyond the date upon which he or she attains that age if the |
167 | student files a formal declaration of intent to terminate school |
168 | enrollment with the district school board. Public school |
169 | students who have attained the age of 16 years and who have not |
170 | graduated are subject to compulsory school attendance until the |
171 | formal declaration of intent is filed with the district school |
172 | board. The declaration must acknowledge that terminating school |
173 | enrollment is likely to reduce the student's earning potential |
174 | and must be signed by the student and the student's parent. The |
175 | school district must notify the student's parent of receipt of |
176 | the student's declaration of intent to terminate school |
177 | enrollment. The student's guidance counselor or other school |
178 | personnel must conduct an exit interview with the student to |
179 | determine the reasons for the student's decision to terminate |
180 | school enrollment and actions that could be taken to keep the |
181 | student in school. The student must be informed of opportunities |
182 | to continue his or her education in a different environment, |
183 | including, but not limited to, adult education and GED test |
184 | preparation. Additionally, the student must complete a survey in |
185 | a format prescribed by the Department of Education to provide |
186 | data on student reasons for terminating enrollment and actions |
187 | taken by schools to keep students enrolled. A student enrolled |
188 | in a Student Preparedness Pilot Program school district must |
189 | receive information regarding the program's attendance and |
190 | completion requirements under s. 1003.215. |
191 | Section 4. Paragraph (f) of subsection (1) of section |
192 | 1003.26, Florida Statutes, is amended to read: |
193 | 1003.26 Enforcement of school attendance.--The Legislature |
194 | finds that poor academic performance is associated with |
195 | nonattendance and that school districts must take an active role |
196 | in promoting and enforcing attendance as a means of improving |
197 | student performance. It is the policy of the state that each |
198 | district school superintendent be responsible for enforcing |
199 | school attendance of all students subject to the compulsory |
200 | school age in the school district and supporting enforcement of |
201 | school attendance by local law enforcement agencies. The |
202 | responsibility includes recommending policies and procedures to |
203 | the district school board that require public schools to respond |
204 | in a timely manner to every unexcused absence, and every absence |
205 | for which the reason is unknown, of students enrolled in the |
206 | schools. District school board policies shall require the parent |
207 | of a student to justify each absence of the student, and that |
208 | justification will be evaluated based on adopted district school |
209 | board policies that define excused and unexcused absences. The |
210 | policies must provide that public schools track excused and |
211 | unexcused absences and contact the home in the case of an |
212 | unexcused absence from school, or an absence from school for |
213 | which the reason is unknown, to prevent the development of |
214 | patterns of nonattendance. The Legislature finds that early |
215 | intervention in school attendance is the most effective way of |
216 | producing good attendance habits that will lead to improved |
217 | student learning and achievement. Each public school shall |
218 | implement the following steps to promote and enforce regular |
219 | school attendance: |
220 | (1) CONTACT, REFER, AND ENFORCE.-- |
221 | (f)1. If the parent of a child who has been identified as |
222 | exhibiting a pattern of nonattendance enrolls the child in a |
223 | home education program pursuant to chapter 1002, the district |
224 | school superintendent shall provide the parent a copy of s. |
225 | 1002.41 and the accountability requirements of this paragraph. |
226 | The district school superintendent shall also refer the parent |
227 | to a home education review committee composed of the district |
228 | contact for home education programs and at least two home |
229 | educators selected by the parent from a district list of all |
230 | home educators who have conducted a home education program for |
231 | at least 3 years and who have indicated a willingness to serve |
232 | on the committee. The home education review committee shall |
233 | review the portfolio of the student, as defined by s. 1002.41, |
234 | every 30 days during the district's regular school terms until |
235 | the committee is satisfied that the home education program is in |
236 | compliance with s. 1002.41(1)(b). The first portfolio review |
237 | must occur within the first 30 calendar days of the |
238 | establishment of the program. The provisions of subparagraph 2. |
239 | do not apply once the committee determines the home education |
240 | program is in compliance with s. 1002.41(1)(b). |
241 | 2. If the parent fails to provide a portfolio to the |
242 | committee, the committee shall notify the district school |
243 | superintendent. The district school superintendent shall then |
244 | terminate the home education program and require the parent to |
245 | enroll the child in an attendance option that meets the |
246 | definition of "regular school attendance" under s. |
247 | 1003.01(13)(a)1., 2., 3., or 5., (b), (c), or (e), within 3 |
248 | days. Upon termination of a home education program pursuant to |
249 | this subparagraph, the parent shall not be eligible to reenroll |
250 | the child in a home education program for 180 calendar days. |
251 | Failure of a parent to enroll the child in an attendance option |
252 | as required by this subparagraph after termination of the home |
253 | education program pursuant to this subparagraph shall constitute |
254 | noncompliance with the compulsory attendance requirements of s. |
255 | 1003.21 and may result in criminal prosecution under s. |
256 | 1003.27(2). Nothing contained herein shall restrict the ability |
257 | of the district school superintendent, or the ability of his or |
258 | her designee, to review the portfolio pursuant to s. |
259 | 1002.41(1)(b). |
260 | Section 5. This act shall take effect July 1, 2009. |