Florida Senate - 2017 SB 1708
By Senator Campbell
38-01070-17 20171708__
1 A bill to be entitled
2 An act relating to school attendance; amending s.
3 1002.20, F.S.; providing that compulsory school
4 attendance laws apply to children ages 6 to 18 years;
5 requiring parental notice of forfeiture of benefits
6 received from a state financial assistance program
7 upon a request for termination of school enrollment;
8 amending s. 1003.21, F.S.; requiring students to
9 attend school until the age of 18 years; conforming
10 provisions to changes made by the act; amending s.
11 1003.435, F.S.; removing discretionary authority of a
12 district school board to allow a student to take a
13 high school equivalency examination after reaching a
14 specified age; amending s. 1003.51, F.S.; conforming
15 provisions to changes made by the act; providing an
16 effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Paragraphs (a) and (b) of subsection (2) of
21 section 1002.20, Florida Statutes, are amended to read:
22 1002.20 K-12 student and parent rights.—Parents of public
23 school students must receive accurate and timely information
24 regarding their child’s academic progress and must be informed
25 of ways they can help their child to succeed in school. K-12
26 students and their parents are afforded numerous statutory
27 rights including, but not limited to, the following:
28 (2) ATTENDANCE.—
29 (a) Compulsory school attendance.—The compulsory school
30 attendance laws apply to all children between the ages of 6 and
31 18 16 years, as provided in s. 1003.21(1) and (2)(a), and, in
32 accordance with the provisions of s. 1003.21(1) and (2)(a):
33 1. A student who attains the age of 18 16 years during the
34 school year has the right to file a formal declaration of intent
35 to terminate school enrollment if the declaration is signed by
36 the parent. The parent has the right to be notified by the
37 school district of the district’s receipt of the student’s
38 declaration of intent to terminate school enrollment.
39 2. Students who become or have become married or who are
40 pregnant and parenting have the right to attend school and
41 receive the same or equivalent educational instruction as other
42 students.
43 (b) Regular school attendance.—Parents of students who have
44 attained the age of 6 years by February 1 of any school year but
45 who have not attained the age of 18 16 years must comply with
46 the compulsory school attendance laws. Parents have the option
47 to comply with the school attendance laws by attendance of the
48 student in a public school; a parochial, religious, or
49 denominational school; a private school; a home education
50 program; or a private tutoring program, in accordance with the
51 provisions of s. 1003.01(13). If a student’s parent requests
52 termination of his or her child’s enrollment in school, the
53 parent must be notified that he or she forfeits any benefit he
54 or she is receiving for the child from any state financial
55 assistance program effective upon such termination.
56 Section 2. Paragraphs (a) and (c) of subsection (1) of
57 section 1003.21, Florida Statutes, are amended to read:
58 1003.21 School attendance.—
59 (1)
60 (a)1. All children who have attained the age of 6 years or
61 who will have attained the age of 6 years by February 1 of any
62 school year or who are older than 6 years of age but who have
63 not attained the age of 18 16 years, except as otherwise
64 provided, are required to attend school regularly during the
65 entire school term.
66 2. Children who will have attained the age of 5 years on or
67 before September 1 of the school year are eligible for admission
68 to public kindergartens during that school year under rules
69 adopted by the district school board.
70 (c)1. A student who attains the age of 18 16 years during
71 the school year is not subject to compulsory school attendance
72 beyond the date upon which he or she attains that age if the
73 student files a formal declaration of intent to terminate school
74 enrollment with the district school board. Public school
75 students who have attained the age of 18 16 years and who have
76 not graduated are subject to compulsory school attendance until
77 the formal declaration of intent is filed with the district
78 school board. The declaration must acknowledge that terminating
79 school enrollment is likely to reduce the student’s earning
80 potential and must be signed by the student and the student’s
81 parent. The school district shall notify the student’s parent of
82 receipt of the student’s declaration of intent to terminate
83 school enrollment. The student’s certified school counselor or
84 other school personnel shall conduct an exit interview with the
85 student to determine the reasons for the student’s decision to
86 terminate school enrollment and actions that could be taken to
87 keep the student in school. The student’s certified school
88 counselor or other school personnel shall inform the student of
89 opportunities to continue his or her education in a different
90 environment, including, but not limited to, adult education and
91 high school equivalency examination preparation. Additionally,
92 the student shall complete a survey in a format prescribed by
93 the Department of Education to provide data on student reasons
94 for terminating enrollment and actions taken by schools to keep
95 students enrolled.
96 2. If a parent requests termination of his or her child’s
97 enrollment in school, the parent shall forfeit any benefit he or
98 she is receiving for the child from any state financial
99 assistance program. The school district shall notify the parent
100 that forfeiture of such benefit is effective upon the child’s
101 termination from school.
102 Section 3. Subsection (4) of section 1003.435, Florida
103 Statutes, is amended to read:
104 1003.435 High school equivalency diploma program.—
105 (4) A candidate for a high school equivalency diploma shall
106 be at least 18 years of age on the date of the examination,
107 except that in extraordinary circumstances, as provided for in
108 rules of the district school board of the district in which the
109 candidate resides or attends school, a candidate may take the
110 examination after reaching the age of 16.
111 Section 4. Subsection (4) of section 1003.51, Florida
112 Statutes, is amended to read:
113 1003.51 Other public educational services.—
114 (4) Each district school board shall:
115 (a) Notify students in juvenile justice education programs
116 who attain the age of 16 years of the law regarding compulsory
117 school attendance and make available the option of enrolling in
118 an education program to attain a Florida high school diploma by
119 taking the high school equivalency examination before release
120 from the program. The Department of Education shall assist
121 juvenile justice education programs with becoming high school
122 equivalency examination centers.
123 (a)(b) Respond to requests for student education records
124 received from another district school board or a juvenile
125 justice education program within 5 working days after receiving
126 the request.
127 (b)(c) Provide access to courses offered pursuant to ss.
128 1002.37, 1002.45, and 1003.498. School districts and providers
129 may enter into cooperative agreements for the provision of
130 curriculum associated with courses offered pursuant to s.
131 1003.498 to enable providers to offer such courses.
132 (c)(d) Complete the assessment process required by
133 subsection (2).
134 (d)(e) Monitor compliance with contracts for education
135 programs for students in juvenile justice prevention, day
136 treatment, residential, and detention programs.
137 Section 5. This act shall take effect July 1, 2017.