Florida Senate - 2018 SENATOR AMENDMENT
Bill No. CS/CS/HB 731, 1st Eng.
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LEGISLATIVE ACTION
Senate . House
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Floor: 1/AE/2R . Floor: C
03/08/2018 05:26 PM . 03/09/2018 10:03 PM
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Senator Baxley moved the following:
1 Senate Amendment (with title amendment)
2
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:
258 (2) NONENROLLMENT AND NONATTENDANCE CASES.—
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.
310
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.
318 (11) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
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.
354
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.
424
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.