Florida Senate - 2017                                    SB 1128
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-01631A-17                                          20171128__
    1                        A bill to be entitled                      
    2         An act relating to public school attendance policies;
    3         amending s. 1002.20, F.S; authorizing a parent to
    4         request and be granted permission for a student’s
    5         absence from school for treatment of autism spectrum
    6         disorder by a licensed health care practitioner;
    7         amending s. 1003.21, F.S.; requiring each district
    8         school board to adopt an attendance policy authorizing
    9         a student’s absence for treatment of autism spectrum
   10         disorder; amending s. 1003.24, F.S.; revising an
   11         exemption relating to parental responsibility for
   12         nonattendance of a student to include treatment for
   13         autism spectrum disorder; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraph (c) of subsection (2) of section
   18  1002.20, Florida Statutes, is amended, paragraph (d) is
   19  redesignated as paragraph (e), and a new paragraph (d) is added
   20  to that subsection, to read:
   21         1002.20 K-12 student and parent rights.—Parents of public
   22  school students must receive accurate and timely information
   23  regarding their child’s academic progress and must be informed
   24  of ways they can help their child to succeed in school. K-12
   25  students and their parents are afforded numerous statutory
   26  rights, including, but not limited to, the following:
   27         (2) ATTENDANCE.—
   28         (c) Absence for religious purposes.—A parent of a public
   29  school student may request and be granted permission for absence
   30  of the student from school for religious instruction or
   31  religious holidays, in accordance with the provisions of s.
   32  1003.21(2)(b)1 1003.21(2)(b).
   33         (d)Absence for treatment of autism spectrum disorder.—A
   34  parent of a public school student may request and be granted
   35  permission for absence of the student from school for an
   36  appointment scheduled to receive a therapy service or other
   37  medical treatment provided by a licensed health care
   38  practitioner for the treatment of autism spectrum disorder
   39  pursuant to ss. 1003.21(2)(b)2. and 1003.24(4).
   40         Section 2. Paragraph (b) of subsection (2) of section
   41  1003.21, Florida Statutes, is amended to read:
   42         1003.21 School attendance.—
   43         (2)
   44         (b) Each district school board, in accordance with rules of
   45  the State Board of Education, shall adopt policies authorizing a
   46  policy that authorizes a parent to request and be granted
   47  permission for absence of a student from school for:
   48         1. Religious instruction or religious holidays.
   49         2.An appointment scheduled to receive a therapy service or
   50  other medical treatment provided by a licensed health care
   51  practitioner for the treatment of autism spectrum disorder,
   52  including, but not limited to, applied behavioral analysis,
   53  speech therapy, and occupational therapy.
   54         Section 3. Subsection (4) of section 1003.24, Florida
   55  Statutes, is amended to read:
   56         1003.24 Parents responsible for attendance of children;
   57  attendance policy.—Each parent of a child within the compulsory
   58  attendance age is responsible for the child’s school attendance
   59  as required by law. The absence of a student from school is
   60  prima facie evidence of a violation of this section; however,
   61  criminal prosecution under this chapter may not be brought
   62  against a parent until the provisions of s. 1003.26 have been
   63  complied with. A parent of a student is not responsible for the
   64  student’s nonattendance at school under any of the following
   65  conditions:
   66         (4) SICKNESS, INJURY, OR OTHER INSURMOUNTABLE CONDITION.
   67  Attendance was impracticable or inadvisable on account of
   68  sickness or injury, as attested to by a written statement of a
   69  licensed practicing physician, or a written statement of a
   70  licensed health care practitioner for the treatment of autism
   71  spectrum disorder, or was impracticable because of some other
   72  stated insurmountable condition as defined by rules of the State
   73  Board of Education. If a student is continually sick and
   74  repeatedly absent from school, he or she must be under the
   75  supervision of a physician, or care of a licensed health care
   76  practitioner for the treatment of autism spectrum disorder, in
   77  order to receive an excuse from attendance. Such excuse provides
   78  that a student’s condition justifies absence for more than the
   79  number of days permitted by the district school board.
   80  
   81  Each district school board shall establish an attendance policy
   82  that includes, but is not limited to, the required number of
   83  days each school year that a student must be in attendance and
   84  the number of absences and tardinesses after which a statement
   85  explaining such absences and tardinesses must be on file at the
   86  school. Each school in the district must determine if an absence
   87  or tardiness is excused or unexcused according to criteria
   88  established by the district school board.
   89         Section 4. This act shall take effect July 1, 2017.