Florida Senate - 2023 SB 992
By Senator Calatayud
38-00926-23 2023992__
1 A bill to be entitled
2 An act relating to compulsory school attendance;
3 amending s. 1003.21, F.S.; revising the required age
4 for compulsory school attendance from 16 to 18 years
5 of age; deleting a requirement that a student’s parent
6 sign a declaration of intent to terminate school
7 enrollment; deleting a requirement that the school
8 district notify a student’s parent upon receipt of
9 such declaration; amending ss. 1002.20 and 1003.51,
10 F.S.; conforming provisions to changes made by the
11 act; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Paragraphs (a) and (c) of subsection (1) of
16 section 1003.21, Florida Statutes, are amended to read:
17 1003.21 School attendance.—
18 (1)(a)1. All children who have attained the age of 6 years
19 or who will have attained the age of 6 years by February 1 of
20 any school year or who are older than 6 years of age but who
21 have not attained the age of 18 16 years, except as otherwise
22 provided, are required to attend school regularly during the
23 entire school term.
24 2. Children who will have attained the age of 5 years on or
25 before September 1 of the school year are eligible for admission
26 to public kindergartens during that school year under rules
27 adopted by the district school board.
28 (c) A student who attains the age of 18 16 years during the
29 school year is not subject to compulsory school attendance
30 beyond the date upon which he or she attains that age if the
31 student files a formal declaration of intent to terminate school
32 enrollment with the district school board. Public school
33 students who have attained the age of 18 16 years and who have
34 not graduated are subject to compulsory school attendance until
35 the formal declaration of intent is filed with the district
36 school board. The declaration must acknowledge that terminating
37 school enrollment is likely to reduce the student’s earning
38 potential and must be signed by the student and the student’s
39 parent. The school district shall notify the student’s parent of
40 receipt of the student’s declaration of intent to terminate
41 school enrollment. The student’s certified school counselor or
42 other school personnel shall conduct an exit interview with the
43 student to determine the reasons for the student’s decision to
44 terminate school enrollment and actions that could be taken to
45 keep the student in school. The student’s certified school
46 counselor or other school personnel shall inform the student of
47 opportunities to continue his or her education in a different
48 environment, including, but not limited to, adult education and
49 high school equivalency examination preparation. Additionally,
50 the student shall complete a survey in a format prescribed by
51 the Department of Education to provide data on student reasons
52 for terminating enrollment and actions taken by schools to keep
53 students enrolled.
54 Section 2. Paragraphs (a) and (b) of subsection (2) of
55 section 1002.20, Florida Statutes, are amended to read:
56 1002.20 K-12 student and parent rights.—Parents of public
57 school students must receive accurate and timely information
58 regarding their child’s academic progress and must be informed
59 of ways they can help their child to succeed in school. K-12
60 students and their parents are afforded numerous statutory
61 rights including, but not limited to, the following:
62 (2) ATTENDANCE.—
63 (a) Compulsory school attendance.—The compulsory school
64 attendance laws apply to all children between the ages of 6 and
65 18 16 years, as provided in s. 1003.21(1) and (2)(a), and, in
66 accordance with the provisions of s. 1003.21(1) and (2)(a):
67 1. A student who attains the age of 18 16 years during the
68 school year has the right to file a formal declaration of intent
69 to terminate school enrollment if the declaration is signed by
70 the parent. The parent has the right to be notified by the
71 school district of the district’s receipt of the student’s
72 declaration of intent to terminate school enrollment.
73 2. Students who become or have become married or who are
74 pregnant and parenting have the right to attend school and
75 receive the same or equivalent educational instruction as other
76 students.
77 (b) Regular school attendance.—Parents of students who have
78 attained the age of 6 years by February 1 of any school year but
79 who have not attained the age of 18 16 years must comply with
80 the compulsory school attendance laws. Parents have the option
81 to comply with the school attendance laws by attendance of the
82 student in a public school; a parochial, religious, or
83 denominational school; a private school; a home education
84 program; or a private tutoring program, in accordance with the
85 provisions of s. 1003.01(13).
86 Section 3. Paragraph (a) of subsection (4) of section
87 1003.51, Florida Statutes, is amended to read:
88 1003.51 Other public educational services.—
89 (4) Each district school board shall:
90 (a) Notify students in juvenile justice education programs
91 who attain the age of 16 years of the law regarding compulsory
92 school attendance and make available the option of enrolling in
93 an education program to attain a Florida high school diploma by
94 taking the high school equivalency examination before release
95 from the program. The Department of Education shall assist
96 juvenile justice education programs with becoming high school
97 equivalency examination centers.
98 Section 4. This act shall take effect July 1, 2023.