Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 731, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AE/2R         .                                
             03/08/2018 05:26 PM       .                                

       Senator Baxley moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (1) and (2) of section 1002.41,
    6  Florida Statutes, are amended, and subsections (11), (12), and
    7  (13) are added to that section, to read:
    8         1002.41 Home education programs.—
    9         (1) As used in this section, the term a “home education
   10  program” has the same meaning as is defined in s. 1002.01. A
   11  home education program is not a school district program and is
   12  registered with the district school superintendent only for the
   13  purpose of complying with the state’s attendance requirements
   14  under s. 1003.21(1). The parent is not required to hold a valid
   15  regular Florida teaching certificate.
   16         (a) The parent, as defined in s. 1000.21, who establishes
   17  and maintains a home education program shall notify the district
   18  school superintendent of the county in which the parent resides
   19  of her or his intent to establish and maintain a home education
   20  program. The notice must shall be in writing, signed by the
   21  parent, and shall include the full legal names, addresses, and
   22  birthdates of all children who shall be enrolled as students in
   23  the home education program. The notice must shall be filed in
   24  the district school superintendent’s office within 30 days of
   25  the establishment of the home education program.
   26         (b)The district school superintendent shall accept the
   27  notice and immediately register the home education program upon
   28  receipt of the notice. The district may not require any
   29  additional information or verification from the parent unless
   30  the student chooses to participate in a school district program
   31  or service. The district school superintendent may not assign a
   32  grade level to the home education student or include a social
   33  security number or any other personal information of the student
   34  in any school district or state database unless the student
   35  chooses to participate in a school district program or service.
   36         (c)The parent shall file a written notice of termination
   37  upon completion of the home education program with shall be
   38  filed in the district school superintendent, along with the
   39  annual evaluation required in paragraph (f), within
   40  superintendent’s office within 30 days of after said
   41  termination.
   42         (d)(b) The parent shall maintain a portfolio of records and
   43  materials. The portfolio must shall consist of the following:
   44         1. A log of educational activities that is made
   45  contemporaneously with the instruction and that designates by
   46  title any reading materials used.
   47         2. Samples of any writings, worksheets, workbooks, or
   48  creative materials used or developed by the student.
   49         (e) The parent shall determine the content of the
   50  portfolio, preserve it shall be preserved by the parent for 2
   51  years, and make it shall be made available for inspection, if
   52  requested, by the district school superintendent, or the
   53  district school superintendent’s agent, upon 15 days’ written
   54  notice. Nothing in this section shall require the district
   55  school superintendent to inspect the portfolio.
   56         (f)(c) The parent shall provide for an annual educational
   57  evaluation in which is documented the student’s demonstration of
   58  educational progress at a level commensurate with her or his
   59  ability. The parent shall select the method of evaluation and
   60  shall file a copy of the evaluation annually with the district
   61  school superintendent’s office in the county in which the
   62  student resides. The annual educational evaluation shall consist
   63  of one of the following:
   64         1. A teacher selected by the parent shall evaluate the
   65  student’s educational progress upon review of the portfolio and
   66  discussion with the student. Such teacher shall hold a valid
   67  regular Florida certificate to teach academic subjects at the
   68  elementary or secondary level;
   69         2. The student shall take any nationally normed student
   70  achievement test administered by a certified teacher;
   71         3. The student shall take a state student assessment test
   72  used by the school district and administered by a certified
   73  teacher, at a location and under testing conditions approved by
   74  the school district;
   75         4. The student shall be evaluated by an individual holding
   76  a valid, active license pursuant to the provisions of s.
   77  490.003(7) or (8); or
   78         5. The student shall be evaluated with any other valid
   79  measurement tool as mutually agreed upon by the district school
   80  superintendent of the district in which the student resides and
   81  the student’s parent.
   82         (2) The district school superintendent shall review and
   83  accept the results of the annual educational evaluation of the
   84  student in a home education program. If the student does not
   85  demonstrate educational progress at a level commensurate with
   86  her or his ability, the district school superintendent shall
   87  notify the parent, in writing, that such progress has not been
   88  achieved. The parent shall have 1 year from the date of receipt
   89  of the written notification to provide remedial instruction to
   90  the student. At the end of the 1-year probationary period, the
   91  student shall be reevaluated as specified in paragraph (1)(f)
   92  (1)(c). Continuation in a home education program shall be
   93  contingent upon the student demonstrating educational progress
   94  commensurate with her or his ability at the end of the
   95  probationary period.
   96         (11)A school district may provide access to career and
   97  technical courses and programs for a home education program
   98  student who enrolls in a public school solely for the career and
   99  technical courses or programs. The school district that provides
  100  the career and technical courses and programs shall report each
  101  student as a full-time equivalent student in the class and in a
  102  manner prescribed by the department, and funding shall be
  103  provided through the Florida Education Finance Program pursuant
  104  to s. 1011.62.
  105         (12)Industry certifications, national assessments, and
  106  statewide, standardized assessments offered by a school district
  107  shall be available to home education program students. Each
  108  school district shall notify home education program students of
  109  the available certifications and assessments; the date, time,
  110  and locations for the administration of each certification and
  111  assessment; and the deadline for notifying the school district
  112  of the student’s intent to participate and the student’s
  113  preferred location.
  114         (13)A school district may not further regulate, exercise
  115  control over, or require documentation from parents of home
  116  education program students beyond the requirements of this
  117  section unless the regulation, control, or documentation is
  118  necessary for participation in a school district program.
  119         Section 2. Subsection (4) of section 1003.21, Florida
  120  Statutes, is amended to read:
  121         1003.21 School attendance.—
  122         (4) Before admitting a child to kindergarten, the principal
  123  shall require evidence that the child has attained the age at
  124  which he or she should be admitted in accordance with the
  125  provisions of subparagraph (1)(a)2. The district school
  126  superintendent may require evidence of the age of any child who
  127  is being enrolled in public school and who the district school
  128  superintendent whom he or she believes to be within the limits
  129  of compulsory attendance as provided for by law; however, the
  130  district school superintendent may not require evidence from any
  131  child who meets regular attendance requirements by attending a
  132  school or program listed in s. 1003.01(13)(b)-(e). If the first
  133  prescribed evidence is not available, the next evidence
  134  obtainable in the order set forth below shall be accepted:
  135         (a) A duly attested transcript of the child’s birth record
  136  filed according to law with a public officer charged with the
  137  duty of recording births;
  138         (b) A duly attested transcript of a certificate of baptism
  139  showing the date of birth and place of baptism of the child,
  140  accompanied by an affidavit sworn to by the parent;
  141         (c) An insurance policy on the child’s life that has been
  142  in force for at least 2 years;
  143         (d) A bona fide contemporary religious record of the
  144  child’s birth accompanied by an affidavit sworn to by the
  145  parent;
  146         (e) A passport or certificate of arrival in the United
  147  States showing the age of the child;
  148         (f) A transcript of record of age shown in the child’s
  149  school record of at least 4 years prior to application, stating
  150  date of birth; or
  151         (g) If none of these evidences can be produced, an
  152  affidavit of age sworn to by the parent, accompanied by a
  153  certificate of age signed by a public health officer or by a
  154  public school physician, or, if these are not available in the
  155  county, by a licensed practicing physician designated by the
  156  district school board, which states that the health officer or
  157  physician has examined the child and believes that the age as
  158  stated in the affidavit is substantially correct. Children and
  159  youths who are experiencing homelessness and children who are
  160  known to the department, as defined in s. 39.0016, shall be
  161  given temporary exemption from this section for 30 school days.
  162         Section 3. Paragraph (f) of subsection (1) and paragraph
  163  (a) of subsection (2) of section 1003.26, Florida Statutes, are
  164  amended to read:
  165         1003.26 Enforcement of school attendance.—The Legislature
  166  finds that poor academic performance is associated with
  167  nonattendance and that school districts must take an active role
  168  in promoting and enforcing attendance as a means of improving
  169  student performance. It is the policy of the state that each
  170  district school superintendent be responsible for enforcing
  171  school attendance of all students subject to the compulsory
  172  school age in the school district and supporting enforcement of
  173  school attendance by local law enforcement agencies. The
  174  responsibility includes recommending policies and procedures to
  175  the district school board that require public schools to respond
  176  in a timely manner to every unexcused absence, and every absence
  177  for which the reason is unknown, of students enrolled in the
  178  schools. District school board policies shall require the parent
  179  of a student to justify each absence of the student, and that
  180  justification will be evaluated based on adopted district school
  181  board policies that define excused and unexcused absences. The
  182  policies must provide that public schools track excused and
  183  unexcused absences and contact the home in the case of an
  184  unexcused absence from school, or an absence from school for
  185  which the reason is unknown, to prevent the development of
  186  patterns of nonattendance. The Legislature finds that early
  187  intervention in school attendance is the most effective way of
  188  producing good attendance habits that will lead to improved
  189  student learning and achievement. Each public school shall
  190  implement the following steps to promote and enforce regular
  191  school attendance:
  192         (1) CONTACT, REFER, AND ENFORCE.—
  193         (f)1. If the parent of a child who has been identified as
  194  exhibiting a pattern of nonattendance enrolls the child in a
  195  home education program pursuant to chapter 1002, the district
  196  school superintendent shall provide the parent a copy of s.
  197  1002.41 and the accountability requirements of this paragraph.
  198  The district school superintendent shall also refer the parent
  199  to a home education review committee composed of the district
  200  contact for home education programs and at least two home
  201  educators selected by the parent from a district list of all
  202  home educators who have conducted a home education program for
  203  at least 3 years and who have indicated a willingness to serve
  204  on the committee. The home education review committee shall
  205  review the portfolio of the student, as defined by s. 1002.41,
  206  every 30 days during the district’s regular school terms until
  207  the committee is satisfied that the home education program is in
  208  compliance with s. 1002.41(1)(d) s. 1002.41(1)(b). The first
  209  portfolio review must occur within the first 30 calendar days of
  210  the establishment of the program. The provisions of subparagraph
  211  2. do not apply once the committee determines the home education
  212  program is in compliance with s. 1002.41(1)(d) s. 1002.41(1)(b).
  213         2. If the parent fails to provide a portfolio to the
  214  committee, the committee shall notify the district school
  215  superintendent. The district school superintendent shall then
  216  terminate the home education program and require the parent to
  217  enroll the child in an attendance option that meets the
  218  definition of “regular school attendance” under s.
  219  1003.01(13)(a), (b), (c), or (e), within 3 days. Upon
  220  termination of a home education program pursuant to this
  221  subparagraph, the parent shall not be eligible to reenroll the
  222  child in a home education program for 180 calendar days. Failure
  223  of a parent to enroll the child in an attendance option as
  224  required by this subparagraph after termination of the home
  225  education program pursuant to this subparagraph shall constitute
  226  noncompliance with the compulsory attendance requirements of s.
  227  1003.21 and may result in criminal prosecution under s.
  228  1003.27(2). Nothing contained herein shall restrict the ability
  229  of the district school superintendent, or the ability of his or
  230  her designee, to review the portfolio pursuant to s.
  231  1002.41(1)(e) s. 1002.41(1)(b).
  232         (2) GIVE WRITTEN NOTICE.—
  233         (a) Under the direction of the district school
  234  superintendent, a designated school representative shall give
  235  written notice that requires enrollment or attendance within 3
  236  days after the date of notice, in person or by return-receipt
  237  mail, to the parent when no valid reason is found for a
  238  student’s nonenrollment in school. If the notice and requirement
  239  are ignored, the designated school representative shall report
  240  the case to the district school superintendent, who and may
  241  refer the case to the child study team in paragraph (1)(b) at
  242  the school the student would be assigned according to district
  243  school board attendance area policies or to the case staffing
  244  committee, established pursuant to s. 984.12. The child study
  245  team shall diligently facilitate intervention services and shall
  246  report the case back to the district school superintendent only
  247  when all reasonable efforts to resolve the nonenrollment
  248  behavior are exhausted. If the parent still refuses to cooperate
  249  or enroll the child in school, the district school
  250  superintendent shall take such steps as are necessary to bring
  251  criminal prosecution against the parent.
  252         Section 4. Subsection (2) of section 1003.27, Florida
  253  Statutes, is amended to read:
  254         1003.27 Court procedure and penalties.—The court procedure
  255  and penalties for the enforcement of the provisions of this
  256  part, relating to compulsory school attendance, shall be as
  257  follows:
  259         (a) In each case of nonenrollment or of nonattendance upon
  260  the part of a student who is required to attend some school,
  261  when no valid reason for such nonenrollment or nonattendance is
  262  found, the district school superintendent shall institute a
  263  criminal prosecution against the student’s parent. However,
  264  criminal prosecution may not be instituted against the student’s
  265  parent until the school and school district have complied with
  266  s. 1003.26.
  267         (b) Each public school principal or the principal’s
  268  designee shall notify the district school board of each minor
  269  student under its jurisdiction who accumulates 15 unexcused
  270  absences in a period of 90 calendar days. Each designee of the
  271  governing body of each private school, and each parent whose
  272  child is enrolled in a home education program, may provide the
  273  Department of Highway Safety and Motor Vehicles with the legal
  274  name, sex, date of birth, and social security number of each
  275  minor student under his or her jurisdiction who fails to satisfy
  276  relevant attendance requirements and who fails to otherwise
  277  satisfy the requirements of s. 322.091. The district school
  278  superintendent must provide the Department of Highway Safety and
  279  Motor Vehicles the legal name, sex, date of birth, and social
  280  security number of each minor student who has been reported
  281  under this paragraph and who fails to otherwise satisfy the
  282  requirements of s. 322.091. The Department of Highway Safety and
  283  Motor Vehicles may not issue a driver license or learner’s
  284  driver license to, and shall suspend any previously issued
  285  driver license or learner’s driver license of, any such minor
  286  student, pursuant to the provisions of s. 322.091.
  287         (c)Each designee of the governing body of each private
  288  school and each parent whose child is enrolled in a home
  289  education program may provide the Department of Highway Safety
  290  and Motor Vehicles with the legal name, sex, date of birth, and
  291  social security number of each minor student under his or her
  292  jurisdiction who fails to satisfy relevant attendance
  293  requirements and who fails to otherwise satisfy the requirements
  294  of s. 322.091. The Department of Highway Safety and Motor
  295  Vehicles may not issue a driver license or learner’s driver
  296  license to, and shall suspend any previously issued driver
  297  license or learner’s driver license of, any such minor student
  298  pursuant to s. 322.091.
  299         Section 5. Paragraph (l) of subsection (5) and paragraph
  300  (a) of subsection (11) of section 1002.385, Florida Statutes,
  301  are amended to read:
  302         1002.385 The Gardiner Scholarship.—
  303         (5) AUTHORIZED USES OF PROGRAM FUNDS.—Program funds must be
  304  used to meet the individual educational needs of an eligible
  305  student and may be spent for the following purposes:
  306         (l) Fees for an annual evaluation of educational progress
  307  by a state-certified teacher under s. 1002.41(1)(f) s.
  308  1002.41(1)(c), if this option is chosen for a home education
  309  student.
  311  A provider of any services receiving payments pursuant to this
  312  subsection may not share, refund, or rebate any moneys from the
  313  Gardiner Scholarship with the parent or participating student in
  314  any manner. A parent, student, or provider of any services may
  315  not bill an insurance company, Medicaid, or any other agency for
  316  the same services that are paid for using Gardiner Scholarship
  317  funds.
  319  PARTICIPATION.—A parent who applies for program participation
  320  under this section is exercising his or her parental option to
  321  determine the appropriate placement or the services that best
  322  meet the needs of his or her child. The scholarship award for a
  323  student is based on a matrix that assigns the student to support
  324  Level III services. If a parent receives an IEP and a matrix of
  325  services from the school district pursuant to subsection (7),
  326  the amount of the payment shall be adjusted as needed, when the
  327  school district completes the matrix.
  328         (a) To satisfy or maintain program eligibility, including
  329  eligibility to receive and spend program payments, the parent
  330  must sign an agreement with the organization and annually submit
  331  a notarized, sworn compliance statement to the organization to:
  332         1. Affirm that the student is enrolled in a program that
  333  meets regular school attendance requirements as provided in s.
  334  1003.01(13)(b)-(d).
  335         2. Affirm that the program funds are used only for
  336  authorized purposes serving the student’s educational needs, as
  337  described in subsection (5).
  338         3. Affirm that the parent is responsible for the education
  339  of his or her student by, as applicable:
  340         a. Requiring the student to take an assessment in
  341  accordance with paragraph (8)(c);
  342         b. Providing an annual evaluation in accordance with s.
  343  1002.41(1)(f) s. 1002.41(1)(c); or
  344         c. Requiring the child to take any preassessments and
  345  postassessments selected by the provider if the child is 4 years
  346  of age and is enrolled in a program provided by an eligible
  347  Voluntary Prekindergarten Education Program provider. A student
  348  with disabilities for whom a preassessment and postassessment is
  349  not appropriate is exempt from this requirement. A participating
  350  provider shall report a student’s scores to the parent.
  351         4. Affirm that the student remains in good standing with
  352  the provider or school if those options are selected by the
  353  parent.
  355  A parent who fails to comply with this subsection forfeits the
  356  Gardiner Scholarship.
  357         Section 6. Subsection (5), paragraph (j) of subsection (6),
  358  and subsection (8) of section 1007.35, Florida Statutes, are
  359  amended to read:
  360         1007.35 Florida Partnership for Minority and
  361  Underrepresented Student Achievement.—
  362         (5) Each public high school, including, but not limited to,
  363  schools and alternative sites and centers of the Department of
  364  Juvenile Justice, shall provide for the administration of the
  365  Preliminary SAT/National Merit Scholarship Qualifying Test
  366  (PSAT/NMSQT), or the PreACT preliminary ACT to all enrolled 10th
  367  grade students. However, a written notice shall be provided to
  368  each parent which must include the opportunity to exempt his or
  369  her child from taking the PSAT/NMSQT or the PreACT preliminary
  370  ACT.
  371         (a) Test results will provide each high school with a
  372  database of student assessment data which certified school
  373  counselors will use to identify students who are prepared or who
  374  need additional work to be prepared to enroll and be successful
  375  in AP courses or other advanced high school courses.
  376         (b) Funding for the PSAT/NMSQT or the PreACT preliminary
  377  ACT for all 10th grade students shall be contingent upon annual
  378  funding in the General Appropriations Act.
  379         (c) Public school districts must choose either the
  380  PSAT/NMSQT or the PreACT preliminary ACT for districtwide
  381  administration.
  382         (6) The partnership shall:
  383         (j) Provide information to students, parents, teachers,
  384  counselors, administrators, districts, Florida College System
  385  institutions, and state universities regarding PSAT/NMSQT or the
  386  PreACT preliminary ACT administration, including, but not
  387  limited to:
  388         1. Test administration dates and times.
  389         2. That participation in the PSAT/NMSQT or the PreACT
  390  preliminary ACT is open to all 10th grade students.
  391         3. The value of such tests in providing diagnostic feedback
  392  on student skills.
  393         4. The value of student scores in predicting the
  394  probability of success on AP or other advanced course
  395  examinations.
  396         (8)(a) By September 30 of each year, the partnership shall
  397  submit to the department a report that contains an evaluation of
  398  the effectiveness of the delivered services and activities.
  399  Activities and services must be evaluated on their effectiveness
  400  at raising student achievement and increasing the number of AP
  401  or other advanced course examinations in low-performing middle
  402  and high schools. Other indicators that must be addressed in the
  403  evaluation report include the number of middle and high school
  404  teachers trained; the effectiveness of the training; measures of
  405  postsecondary readiness of the students affected by the program;
  406  levels of participation in 10th grade PSAT/NMSQT or the PreACT
  407  preliminary ACT testing; and measures of student, parent, and
  408  teacher awareness of and satisfaction with the services of the
  409  partnership.
  410         (b) The department shall contribute to the evaluation
  411  process by providing access, consistent with s. 119.071(5)(a),
  412  to student and teacher information necessary to match against
  413  databases containing teacher professional development data and
  414  databases containing assessment data for the PSAT/NMSQT, SAT,
  415  ACT, PreACT, AP, and other appropriate measures. The department
  416  shall also provide student-level data on student progress from
  417  middle school through high school and into college and the
  418  workforce, if available, in order to support longitudinal
  419  studies. The partnership shall analyze and report student
  420  performance data in a manner that protects the rights of
  421  students and parents as required in 20 U.S.C. s. 1232g and s.
  422  1002.22.
  423         Section 7. This act shall take effect July 1, 2018.
  425  ================= T I T L E  A M E N D M E N T ================
  426  And the title is amended as follows:
  427         Delete everything before the enacting clause
  428  and insert:
  429                        A bill to be entitled                      
  430         An act relating to home education; amending s.
  431         1002.41, F.S.; specifying that a home education
  432         program is not a school district program and is
  433         registered with the district school superintendent
  434         only for the purpose of complying with the state’s
  435         attendance requirements; revising the content
  436         requirements of a notice of enrollment of a student in
  437         a home education program; requiring the district
  438         school superintendent to immediately register a home
  439         education program upon receipt of the notice;
  440         prohibiting a school district from requiring
  441         additional information or verification of a home
  442         education student except in specified circumstances;
  443         authorizing a school district to provide home
  444         education program students with access to certain
  445         courses and programs offered by the school district;
  446         requiring reporting and funding through the Florida
  447         Education Finance Program; requiring home education
  448         program students be provided access to certain
  449         certifications and assessments offered by the school
  450         district; prohibiting a school district from taking
  451         certain actions against a home education program
  452         student’s parent unless such action is necessary for a
  453         school district program; amending s. 1003.21, F.S.;
  454         prohibiting a district school superintendent from
  455         requiring certain evidence relating to a child’s age
  456         from children enrolling in specified schools and
  457         programs; amending s. 1003.26, F.S.; authorizing a
  458         school district superintendent to refer certain cases
  459         relating to student nonenrollment to the child study
  460         team of certain schools; requiring the child study
  461         team to provide specified services in such instances;
  462         conforming cross-references; amending s. 1003.27,
  463         F.S.; requiring a school and school district to comply
  464         with specified provisions before instituting criminal
  465         prosecution against certain parents relating to
  466         compulsory school attendance; amending s. 1002.385,
  467         F.S.; conforming cross-references; amending s.
  468         1007.35, F.S.; updating terminology; requiring the
  469         department to provide certain teacher and student ACT
  470         and PreACT information for the evaluation of certain
  471         services and activities; providing an effective date.