Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 732
       
       
       
       
       
       
                                Ì758586^Î758586                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/22/2018           .                                
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       The Committee on Education (Baxley) recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 253 - 424
    4  and insert:
    5  compliance with s. 1002.41(1)(d) s. 1002.41(1)(b). The first
    6  portfolio review must occur within the first 30 calendar days of
    7  the establishment of the program. The provisions of subparagraph
    8  2. do not apply once the committee determines the home education
    9  program is in compliance with s. 1002.41(1)(d) s. 1002.41(1)(b).
   10         2. If the parent fails to provide a portfolio to the
   11  committee, the committee shall notify the district school
   12  superintendent. The district school superintendent shall then
   13  terminate the home education program and require the parent to
   14  enroll the child in an attendance option that meets the
   15  definition of “regular school attendance” under s.
   16  1003.01(13)(a), (b), (c), or (e), within 3 days. Upon
   17  termination of a home education program pursuant to this
   18  subparagraph, the parent shall not be eligible to reenroll the
   19  child in a home education program for 180 calendar days. Failure
   20  of a parent to enroll the child in an attendance option as
   21  required by this subparagraph after termination of the home
   22  education program pursuant to this subparagraph shall constitute
   23  noncompliance with the compulsory attendance requirements of s.
   24  1003.21 and may result in criminal prosecution under s.
   25  1003.27(2). Nothing contained herein shall restrict the ability
   26  of the district school superintendent, or the ability of his or
   27  her designee, to review the portfolio pursuant to s.
   28  1002.41(1)(e) s. 1002.41(1)(b).
   29         (2) GIVE WRITTEN NOTICE.—
   30         (a) Under the direction of the district school
   31  superintendent, a designated school representative shall give
   32  written notice that requires enrollment or attendance within 3
   33  days after the date of notice, in person or by return-receipt
   34  mail, to the parent when no valid reason is found for a
   35  student’s nonenrollment in school. If the notice and requirement
   36  are ignored, the designated school representative shall report
   37  the case to the district school superintendent, who and may
   38  refer the case to the child study team in paragraph (1)(b) at
   39  the school the student would be assigned according to district
   40  school board attendance area policies or to the case staffing
   41  committee, established pursuant to s. 984.12. The child study
   42  team shall diligently facilitate intervention services and shall
   43  report the case back to the district school superintendent only
   44  when all reasonable efforts to resolve the nonenrollment
   45  behavior are exhausted. If the parent still refuses to cooperate
   46  or enroll the child in school, the district school
   47  superintendent shall take such steps as are necessary to bring
   48  criminal prosecution against the parent.
   49         Section 1. Subsection (2) of section 1003.27, Florida
   50  Statutes, is amended to read:
   51         1003.27 Court procedure and penalties.—The court procedure
   52  and penalties for the enforcement of the provisions of this
   53  part, relating to compulsory school attendance, shall be as
   54  follows:
   55         (2) NONENROLLMENT AND NONATTENDANCE CASES.—
   56         (a) In each case of nonenrollment or of nonattendance upon
   57  the part of a student who is required to attend some school,
   58  when no valid reason for such nonenrollment or nonattendance is
   59  found, the district school superintendent shall institute a
   60  criminal prosecution against the student’s parent. However,
   61  criminal prosecution may not be instituted against the student’s
   62  parent until the school and school district have complied with
   63  s. 1003.26.
   64         (b) Each public school principal or the principal’s
   65  designee shall notify the district school board of each minor
   66  student under its jurisdiction who accumulates 15 unexcused
   67  absences in a period of 90 calendar days. Each designee of the
   68  governing body of each private school, and each parent whose
   69  child is enrolled in a home education program, may provide the
   70  Department of Highway Safety and Motor Vehicles with the legal
   71  name, sex, date of birth, and social security number of each
   72  minor student under his or her jurisdiction who fails to satisfy
   73  relevant attendance requirements and who fails to otherwise
   74  satisfy the requirements of s. 322.091. The district school
   75  superintendent must provide the Department of Highway Safety and
   76  Motor Vehicles the legal name, sex, date of birth, and social
   77  security number of each minor student who has been reported
   78  under this paragraph and who fails to otherwise satisfy the
   79  requirements of s. 322.091. The Department of Highway Safety and
   80  Motor Vehicles may not issue a driver license or learner’s
   81  driver license to, and shall suspend any previously issued
   82  driver license or learner’s driver license of, any such minor
   83  student, pursuant to the provisions of s. 322.091.
   84         (c) Each designee of the governing body of each private
   85  school and each parent whose child is enrolled in a home
   86  education program may provide the Department of Highway Safety
   87  and Motor Vehicles with the legal name, sex, date of birth, and
   88  social security number of each minor student under his or her
   89  jurisdiction who fails to satisfy relevant attendance
   90  requirements and who fails to otherwise satisfy the requirements
   91  of s. 322.091. The Department of Highway Safety and Motor
   92  Vehicles may not issue a driver license or learner’s driver
   93  license to, and shall suspend any previously issued driver
   94  license or learner’s driver license of, any such minor student,
   95  pursuant to s. 322.091.
   96         Section 2. Paragraph (c) of subsection (3) of section
   97  1006.15, Florida Statutes, is amended to read:
   98         1006.15 Student standards for participation in
   99  interscholastic and intrascholastic extracurricular student
  100  activities; regulation.—
  101         (3)
  102         (c) An individual home education student is eligible to
  103  participate at the public school to which the student would be
  104  assigned according to district school board attendance area
  105  policies or which the student could choose to attend pursuant to
  106  s. 1002.31, or may develop an agreement to participate at a
  107  private school, in the interscholastic extracurricular
  108  activities of that school, provided the following conditions are
  109  met:
  110         1. The home education student must meet the requirements of
  111  the home education program pursuant to s. 1002.41.
  112         2. During the period of participation at a school, the home
  113  education student must demonstrate educational progress as
  114  required in paragraph (b) in all subjects taken in the home
  115  education program by a method of evaluation agreed upon by the
  116  parent and the school principal which may include: review of the
  117  student’s work by a certified teacher chosen by the parent;
  118  grades earned through correspondence; grades earned in courses
  119  taken at a Florida College System institution, university, or
  120  trade school; standardized test scores above the 35th
  121  percentile; or any other method designated in s. 1002.41.
  122         3. The home education student must meet the same residency
  123  requirements as other students in the school at which he or she
  124  participates.
  125         4. The home education student must meet the same standards
  126  of acceptance, behavior, and performance as required of other
  127  students in extracurricular activities.
  128         5. The student must register with the school his or her
  129  intent to participate in interscholastic extracurricular
  130  activities as a representative of the school before
  131  participation the beginning date of the season for the activity
  132  in which he or she wishes to participate. A home education
  133  student must be able to participate in curricular activities if
  134  that is a requirement for an extracurricular activity.
  135         6. A student who transfers from a home education program to
  136  a public school before or during the first grading period of the
  137  school year is academically eligible to participate in
  138  interscholastic extracurricular activities during the first
  139  grading period provided the student has a successful evaluation
  140  from the previous school year, pursuant to subparagraph 2.
  141         7. Any public school or private school student who has been
  142  unable to maintain academic eligibility for participation in
  143  interscholastic extracurricular activities is ineligible to
  144  participate in such activities as a home education student until
  145  the student has successfully completed one grading period in
  146  home education pursuant to subparagraph 2. to become eligible to
  147  participate as a home education student.
  148         Section 3. Paragraph (b) of subsection (13) of section
  149  1007.271, Florida Statutes, is amended to read:
  150         1007.271 Dual enrollment programs.—
  151         (13)
  152         (b) Each postsecondary institution eligible to participate
  153  in the dual enrollment program pursuant to s. 1011.62(1)(i) must
  154  enter into a home education articulation agreement with each
  155  home education student seeking enrollment in a dual enrollment
  156  course and the student’s parent. By August 1 of each year, the
  157  eligible postsecondary institution shall complete and submit the
  158  home education articulation agreement to the Department of
  159  Education. The home education articulation agreement must
  160  include, at a minimum:
  161         1. A delineation of courses and programs available to
  162  dually enrolled home education students. Courses and programs
  163  may be added, revised, or deleted at any time by the
  164  postsecondary institution. Any course or program limitations may
  165  not exceed the limitations for other dually enrolled students.
  166         2. The initial and continued eligibility requirements for
  167  home education student participation, not to exceed those
  168  required of other dually enrolled students. A high school grade
  169  point average may not be required for home education students
  170  who meet the minimum score on a common placement test adopted by
  171  the State Board of Education which indicates that the student is
  172  ready for college-level coursework; however, home education
  173  student eligibility requirements for continued enrollment in
  174  dual enrollment courses must include the