Florida Senate - 2009                                     SB 520
       
       
       
       By Senator Hill
       
       
       
       
       1-00604-09                                             2009520__
    1                        A bill to be entitled                      
    2         An act relating to public school attendance; creating
    3         s. 1003.215, F.S.; creating the Student Preparedness
    4         Pilot Program; requiring selected school districts,
    5         including the Duval County School District, to review
    6         and identify curricula options for certain students;
    7         requiring students who attain the age of 16 years but
    8         have not reached the age of 18 years in pilot program
    9         districts who do not regularly attend school to be
   10         subject to specific attendance and completion
   11         requirements; providing for an application and
   12         selection process for school district participation;
   13         specifying procedures for termination of school
   14         enrollment and requirements for pilot program
   15         attendance and completion; specifying that students
   16         who select a nontraditional academic option are not
   17         eligible students for purposes of school grading;
   18         requiring an annual study and reporting by the Office
   19         of Program Policy Analysis and Government
   20         Accountability; amending s. 1003.01, F.S.; providing
   21         that habitual truancy provisions apply to students
   22         subject to pilot program requirements; defining
   23         regular program attendance in a pilot program school
   24         district; amending s. 1003.21, F.S.; requiring a
   25         student in a pilot program school district to be
   26         informed of the program's attendance and completion
   27         requirements; amending s. 1003.26, F.S.; conforming
   28         cross-references; providing an effective date.
   29         
   30  Be It Enacted by the Legislature of the State of Florida:
   31         
   32         Section 1. Section 1003.215, Florida Statutes, is created
   33  to read:
   34         1003.215 Student Preparedness Pilot Program.—
   35         (1) The Legislature finds it to be in the public interest
   36  that all students exit from the public schools with academic
   37  skills that provide the students with the opportunity to pursue
   38  postsecondary education or with skills that lead to ready to
   39  work certification, industry certification, or skill licensure.
   40         (2)(a) Beginning with the 2009–2010 school year, and
   41  continuing through the 2015–2016 school year, there is created
   42  the Student Preparedness Pilot Program to be piloted by school
   43  districts. Students in a school district selected to implement
   44  the pilot program pursuant to subsection (3) who attain the age
   45  of 16 years but have not reached the age of 18 years and who
   46  choose to exercise their option not to regularly attend school
   47  pursuant to s. 1003.21(1)(c) shall be subject to the attendance
   48  and completion requirements of this section.
   49         (b) In the 2009-2010 school year, each school district
   50  selected pursuant to subsection (3) shall review, identify, and
   51  develop curricula options for the implementation of the pilot
   52  program requirements pursuant to paragraph (5)(a) for students
   53  who attain the age of 16 years but have not reached the age of
   54  18 years whose academic goals may not include a traditional high
   55  school diploma. These options shall include, but are not limited
   56  to, nontraditional academic options and flexible attendance
   57  options and may include a phase-in of students by age or grade.
   58  Each selected school district must develop a plan to meet the
   59  student's needs and the attendance and completion requirements
   60  of this section prior to implementation of the pilot program in
   61  the 2010-2011 school year.
   62         (3) The Department of Education shall develop an
   63  application process for school districts to apply to participate
   64  in the pilot program. The State Board of Education shall select
   65  the pilot program districts, at least one of which shall be a
   66  district with a student population in excess of 100,000
   67  students, one of which shall be a district with a student
   68  population of 25,000 to 100,000 students, and one of which shall
   69  be a district with a student population of fewer than 25,000
   70  students. One of the districts selected by the state board shall
   71  be the Duval County School District. The state board shall
   72  select participating districts from among those applying based
   73  on their dropout rates and opportunities for providing training
   74  in job skills that lead to ready to work certification, industry
   75  certification, or skill licensure.
   76         (4) Parents of public school students enrolled in a
   77  participating pilot program district must receive accurate and
   78  timely information regarding their child's academic progress and
   79  must be informed of ways they can help their child to succeed in
   80  school.
   81         (5)(a) A student in a participating pilot program district
   82  who attains the age of 16 years but has not reached the age of
   83  18 years has the right to file a formal declaration of intent to
   84  terminate school enrollment if the declaration is signed by the
   85  parent. The parent has the right to be notified by the school
   86  district of the district's receipt of the student's declaration
   87  of intent to terminate school enrollment. The student's guidance
   88  counselor or other school personnel must conduct an exit
   89  interview pursuant to s. 1003.21(1)(c). Any student in a
   90  participating pilot program district who files a declaration
   91  seeking to terminate school enrollment but has not reached the
   92  age of 18 years shall be required, until completion or
   93  attainment of the age of 18 years, to continue pursuing credits
   94  toward a high school diploma, pursue a high school equivalency
   95  diploma with participation in the Florida Ready to Work
   96  Certification Program under s. 1004.99, participate in a career
   97  or job training program leading to industry certification or
   98  skill licensure that is developed by or in cooperation with the
   99  district school board, or participate in the Florida Ready to
  100  Work Certification Program under s. 1004.99.
  101         (b) A Student Preparedness Pilot Program student subject to
  102  the attendance and completion requirements of this section is
  103  not an “eligible student” for purposes of school grading under
  104  s. 1008.34(3)(b) if the student has selected a nontraditional
  105  academic option of the pilot program.
  106         (6) Students who become or have become married or who are
  107  pregnant and parenting have the right to attend school and
  108  receive the same or equivalent educational instruction as other
  109  students.
  110         (7) The Office of Program Policy Analysis and Government
  111  Accountability (OPPAGA), in cooperation with the participating
  112  pilot program districts, the applicable state attorneys' offices
  113  and regional workforce boards, the Agency for Workforce
  114  Innovation, the Department of Education, and the Department of
  115  Juvenile Justice, shall conduct a study annually of the impact
  116  of the pilot program on dropout and graduation rates, on the
  117  employability of students, and on juvenile crime, using 2008
  118  2009 data as the baseline for the research. OPPAGA shall develop
  119  criteria for collection and reporting of data with input from
  120  the cooperating entities. The results of each annual report
  121  shall be made available to participating pilot program
  122  districts, the applicable state attorneys' offices and regional
  123  workforce boards, the Agency for Workforce Education, the
  124  Department of Education, the Department of Juvenile Justice, the
  125  Governor, the President of the Senate, and the Speaker of the
  126  House of Representatives by January 1 following each school
  127  year, beginning January 1, 2013.
  128         Section 2. Subsections (8) and (13) of section 1003.01,
  129  Florida Statutes, are amended to read:
  130         1003.01 Definitions.—As used in this chapter, the term:
  131         (8) “Habitual truant” means a student who: has 15 unexcused
  132  absences within 90 calendar days with or without the knowledge
  133  or consent of the student's parent;, is subject to compulsory
  134  school attendance under s. 1003.21(1) and (2)(a) or is subject
  135  to the Student Preparedness Pilot Program under s. 1003.215;,
  136  and is not exempt under s. 1003.21(3), or s. 1003.24, or by
  137  meeting the criteria for any other exemption specified by law or
  138  rules of the State Board of Education. Such a student must have
  139  been the subject of the activities specified in ss. 1003.26 and
  140  1003.27(3), without resultant successful remediation of the
  141  truancy problem before being dealt with as a child in need of
  142  services according to the provisions of chapter 984.
  143         (13)(a) “Regular school attendance” means the actual
  144  attendance of a student during the school day as defined by law
  145  and rules of the State Board of Education. Regular attendance
  146  within the intent of s. 1003.21 may be achieved by attendance
  147  in:
  148         1.(a) A public school supported by public funds;
  149         2.(b) A parochial, religious, or denominational school;
  150         3.(c) A private school supported in whole or in part by
  151  tuition charges or by endowments or gifts;
  152         4.(d) A home education program that meets the requirements
  153  of chapter 1002; or
  154         5.(e) A private tutoring program that meets the
  155  requirements of chapter 1002.
  156         (b) “Regular program attendance” for a student in the
  157  Student Preparedness Pilot Program under s. 1003.215 means
  158  actual attendance by the student in traditional or
  159  nontraditional academic options as defined by law and rules of
  160  the State Board of Education. The district school superintendent
  161  shall be responsible for enforcing such attendance.
  162         Section 3. Paragraph (c) of subsection (1) of section
  163  1003.21, Florida Statutes, is amended to read:
  164         1003.21 School attendance.—
  165         (1)
  166         (c) A student who attains the age of 16 years during the
  167  school year is not subject to compulsory school attendance
  168  beyond the date upon which he or she attains that age if the
  169  student files a formal declaration of intent to terminate school
  170  enrollment with the district school board. Public school
  171  students who have attained the age of 16 years and who have not
  172  graduated are subject to compulsory school attendance until the
  173  formal declaration of intent is filed with the district school
  174  board. The declaration must acknowledge that terminating school
  175  enrollment is likely to reduce the student's earning potential
  176  and must be signed by the student and the student's parent. The
  177  school district must notify the student's parent of receipt of
  178  the student's declaration of intent to terminate school
  179  enrollment. The student's guidance counselor or other school
  180  personnel must conduct an exit interview with the student to
  181  determine the reasons for the student's decision to terminate
  182  school enrollment and actions that could be taken to keep the
  183  student in school. The student must be informed of opportunities
  184  to continue his or her education in a different environment,
  185  including, but not limited to, adult education and GED test
  186  preparation. Additionally, the student must complete a survey in
  187  a format prescribed by the Department of Education to provide
  188  data on student reasons for terminating enrollment and actions
  189  taken by schools to keep students enrolled. A student enrolled
  190  in a Student Preparedness Pilot Program school district must
  191  receive information regarding the program's attendance and
  192  completion requirements under s. 1003.215.
  193         Section 4. Paragraph (f) of subsection (1) of section
  194  1003.26, Florida Statutes, is amended to read:
  195         1003.26 Enforcement of school attendance.—The Legislature
  196  finds that poor academic performance is associated with
  197  nonattendance and that school districts must take an active role
  198  in promoting and enforcing attendance as a means of improving
  199  student performance. It is the policy of the state that each
  200  district school superintendent be responsible for enforcing
  201  school attendance of all students subject to the compulsory
  202  school age in the school district and supporting enforcement of
  203  school attendance by local law enforcement agencies. The
  204  responsibility includes recommending policies and procedures to
  205  the district school board that require public schools to respond
  206  in a timely manner to every unexcused absence, and every absence
  207  for which the reason is unknown, of students enrolled in the
  208  schools. District school board policies shall require the parent
  209  of a student to justify each absence of the student, and that
  210  justification will be evaluated based on adopted district school
  211  board policies that define excused and unexcused absences. The
  212  policies must provide that public schools track excused and
  213  unexcused absences and contact the home in the case of an
  214  unexcused absence from school, or an absence from school for
  215  which the reason is unknown, to prevent the development of
  216  patterns of nonattendance. The Legislature finds that early
  217  intervention in school attendance is the most effective way of
  218  producing good attendance habits that will lead to improved
  219  student learning and achievement. Each public school shall
  220  implement the following steps to promote and enforce regular
  221  school attendance:
  222         (1) CONTACT, REFER, AND ENFORCE.—
  223         (f)1. If the parent of a child who has been identified as
  224  exhibiting a pattern of nonattendance enrolls the child in a
  225  home education program pursuant to chapter 1002, the district
  226  school superintendent shall provide the parent a copy of s.
  227  1002.41 and the accountability requirements of this paragraph.
  228  The district school superintendent shall also refer the parent
  229  to a home education review committee composed of the district
  230  contact for home education programs and at least two home
  231  educators selected by the parent from a district list of all
  232  home educators who have conducted a home education program for
  233  at least 3 years and who have indicated a willingness to serve
  234  on the committee. The home education review committee shall
  235  review the portfolio of the student, as defined by s. 1002.41,
  236  every 30 days during the district's regular school terms until
  237  the committee is satisfied that the home education program is in
  238  compliance with s. 1002.41(1)(b). The first portfolio review
  239  must occur within the first 30 calendar days of the
  240  establishment of the program. The provisions of subparagraph 2.
  241  do not apply once the committee determines the home education
  242  program is in compliance with s. 1002.41(1)(b).
  243         2. If the parent fails to provide a portfolio to the
  244  committee, the committee shall notify the district school
  245  superintendent. The district school superintendent shall then
  246  terminate the home education program and require the parent to
  247  enroll the child in an attendance option that meets the
  248  definition of “regular school attendance” under s.
  249  1003.01(13)(a)1., 2., 3., or 5., (b), (c), or (e), within 3
  250  days. Upon termination of a home education program pursuant to
  251  this subparagraph, the parent shall not be eligible to reenroll
  252  the child in a home education program for 180 calendar days.
  253  Failure of a parent to enroll the child in an attendance option
  254  as required by this subparagraph after termination of the home
  255  education program pursuant to this subparagraph shall constitute
  256  noncompliance with the compulsory attendance requirements of s.
  257  1003.21 and may result in criminal prosecution under s.
  258  1003.27(2). Nothing contained herein shall restrict the ability
  259  of the district school superintendent, or the ability of his or
  260  her designee, to review the portfolio pursuant to s.
  261  1002.41(1)(b).
  262         Section 5. This act shall take effect July 1, 2009.