The Florida Senate

230.2316  Dropout prevention.--

(1)  SHORT TITLE.--This act may be cited as the "Dropout Prevention Act."

(2)  INTENT.--The Legislature recognizes that a growing proportion of young people are not making successful transitions to productive adult lives. The Legislature further recognizes that traditional education programs which do not meet certain students' educational needs and interests may cause these students to become unmotivated, fail, be truant, be disruptive, or drop out of school. The Legislature finds that a child who does not complete his or her education is greatly limited in obtaining gainful employment, achieving his or her full potential, and becoming a productive member of society. Therefore, it is the intent of the Legislature to authorize and encourage district school boards throughout the state to establish comprehensive dropout prevention programs. These programs shall be designed to meet the needs of students who are not effectively served by conventional education programs in the public school system. It is further the intent of the Legislature that cooperative agreements be developed among school districts, other governmental and private agencies, and community resources in order to implement innovative exemplary programs aimed at reducing the number of students who do not complete their education and increasing the number of students who have a positive experience in school and obtain a high school diploma.

(3)  STUDENT ELIGIBILITY AND PROGRAM CRITERIA.--

(a)  Dropout prevention programs shall differ from traditional education programs and schools in scheduling, administrative structure, philosophy, curriculum, or setting and shall employ alternative teaching methodologies, curricula, learning activities, or diagnostic and assessment procedures in order to meet the needs, interests, abilities, and talents of eligible students. The educational program shall provide curricula and related services which support the program goals and lead to completion of a high school diploma. Student participation in such programs shall be voluntary. Districts may, however, assign students to a program for disruptive students. The minimum period of time during which the student participates in the program shall be equivalent to two instructional periods per day unless the program utilizes a student support and assistance component rather than regularly scheduled courses.

(b)  Students in grades 4-12 shall be eligible for dropout prevention programs. Eligible dropout prevention students shall be reported for dropout prevention full-time equivalent student membership in the Florida Education Finance Program in standard dropout prevention classes or student support and assistance components which provide academic assistance and coordination of support services to students enrolled full time in a regular classroom. The student support and assistance component shall include auxiliary services provided to students or teachers, or both. Students participating in this model shall generate funding only for the time that they receive extra services or auxiliary help.

(c)  A student shall be identified as being a potential dropout based upon one of the following criteria:

1.  The student has shown a lack of motivation in school through grades which are not commensurate with documented ability levels or high absenteeism or habitual truancy as defined in s. 228.041(28).

2.  The student has not been successful in school as determined by retentions, failing grades, or low achievement test scores and has needs and interests that cannot be met through traditional programs.

3.  The student has been identified as a potential school dropout by student services personnel using district criteria. District criteria that are used as a basis for student referral to an educational alternatives program shall identify specific student performance indicators that the educational alternative program seeks to address.

4.  The student has documented drug-related or alcohol-related problems, or has immediate family members with documented drug-related or alcohol-related problems that adversely affect the student's performance in school.

5.  The student has a history of disruptive behavior in school or has committed an offense that warrants out-of-school suspension or expulsion from school according to the district code of student conduct. For the purposes of this program, "disruptive behavior" is behavior that:

a.  Interferes with the student's own learning or the educational process of others and requires attention and assistance beyond that which the traditional program can provide or results in frequent conflicts of a disruptive nature while the student is under the jurisdiction of the school either in or out of the classroom; or

b.  Severely threatens the general welfare of students or others with whom the student comes into contact.

6.  The student is assigned to a program provided pursuant to chapter 39, chapter 984, or chapter 985 which is sponsored by a state-based or community-based agency or is operated or contracted for by the Department of Children and Family Services or the Department of Juvenile Justice.

(d)1.  "Second chance schools" means school district programs provided through cooperative agreements between the Department of Juvenile Justice, private providers, state or local law enforcement agencies, or other state agencies for students who have been disruptive or violent or who have committed serious offenses. As partnership programs, second chance schools are eligible for waivers by the Commissioner of Education from chapters 230-235 and 239 and State Board of Education rules that prevent the provision of appropriate educational services to violent, severely disruptive, or delinquent students in small nontraditional settings or in court-adjudicated settings.

2.  A student enrolled in a sixth, seventh, eighth, ninth, or tenth grade class may be assigned to a second chance school if the student meets the following criteria:

a.  The student is a habitual truant as defined in s. 228.041(28).

b.  The student's excessive absences have detrimentally affected the student's academic progress and the student may have unique needs that a traditional school setting may not meet.

c.  The student's high incidences of truancy have been directly linked to a lack of motivation.

d.  The student has been identified as at risk of dropping out of school.

3.  A student who is habitually truant may be assigned to a second chance school only if the case staffing committee, established pursuant to s. 984.12, determines that such placement could be beneficial to the student and the criteria included in subparagraph 2. are met.

4.  A student may be assigned to a second chance school if the school district in which the student resides has a second chance school and if the student meets one of the following criteria:

a.  The student habitually exhibits disruptive behavior in violation of the code of student conduct adopted by the school board.

b.  The student interferes with the student's own learning or the educational process of others and requires attention and assistance beyond that which the traditional program can provide, or, while the student is under the jurisdiction of the school either in or out of the classroom, frequent conflicts of a disruptive nature occur.

c.  The student has committed a serious offense which warrants suspension or expulsion from school according to the district code of student conduct. For the purposes of this program, "serious offense" is behavior which:

(I)  Threatens the general welfare of students or others with whom the student comes into contact;

(II)  Includes violence;

(III)  Includes possession of weapons or drugs; or

(IV)  Is harassment or verbal abuse of school personnel or other students.

5.  Prior to assignment of students to second chance schools, school boards are encouraged to use alternative programs, such as in-school suspension, which provide instruction and counseling leading to improved student behavior, a reduction in the incidence of truancy, and the development of more effective interpersonal skills.

6.  Students assigned to second chance schools must be evaluated by the school's local child study team before placement in a second chance school. The study team shall ensure that students are not eligible for placement in a program for emotionally disturbed children.

7.  Students who exhibit academic and social progress and who wish to return to a traditional school shall be evaluated by school district personnel prior to reentering a traditional school.

8.  Second chance schools shall be funded at the dropout prevention program weight pursuant to s. 236.081 and may receive school safety funds or other funds as appropriate.

(4)  PROGRAM IMPLEMENTATION.--

(a)  Each district may establish one or more alternative programs for dropout prevention at the elementary, middle, junior high school, or high school level. Programs designed to eliminate habitual truancy shall emphasize academic performance and may provide specific instruction in the areas of vocational education, preemployment training, and behavioral management. Such programs shall utilize instructional teaching methods appropriate to the specific needs of the student.

(b)  Each school that establishes or continues a dropout prevention program at that school site shall reflect that program in the school improvement plan as required under s. 230.23(16).

(c)  Districts may modify courses listed in the State Course Code Directory for the purpose of providing dropout prevention programs pursuant to the provisions of this section.

(5)  EVALUATION.--Each school district receiving state funding for dropout prevention programs through the Florida Education Finance Program shall submit information through an annual report to the Department of Education's database documenting the extent to which each of the district's dropout prevention programs has been successful. The department shall compile this information into an annual report which shall be submitted to the presiding officers of the Legislature by February 15.

(6)  STAFF DEVELOPMENT.--Each school district shall establish procedures for ensuring that teachers assigned to dropout prevention programs possess the affective, pedagogical, and content-related skills necessary to meet the needs of at-risk students. Each school board shall also ensure that adequate staff development activities are available for dropout prevention staff and that dropout prevention staff participate in these activities.

(7)  RECORDS.--Each district providing a program for dropout prevention pursuant to the provisions of this section shall maintain for each participating student for whom funding is generated through the Florida Education Finance Program records documenting the student's eligibility, the length of participation, the type of program to which the student was assigned, and an evaluation of the student's academic and behavioral performance while in the program. The parents or guardians of a student assigned to such a dropout prevention program shall be notified in writing and entitled to an administrative review of any action by school personnel relating to such placement pursuant to the provisions of chapter 120.

(8)  COORDINATION WITH OTHER AGENCIES.--School district dropout prevention programs shall be coordinated with social service, law enforcement, prosecutorial, and juvenile justice agencies and juvenile assessment centers in the school district. Notwithstanding the provisions of s. 228.093, these agencies are authorized to exchange information contained in student records and juvenile justice records. Such information is confidential and exempt from the provisions of s. 119.07(1). School districts and other agencies receiving such information shall use the information only for official purposes connected with the certification of students for admission to and for the administration of the dropout prevention program, and shall maintain the confidentiality of such information unless otherwise provided by law or rule.

(9)  RULES.--The Department of Education shall have the authority to adopt any rules necessary to implement the provisions of this section; such rules shall require the minimum amount of paperwork and reporting necessary to comply with this act.

History.--s. 6, ch. 86-157; s. 4, ch. 86-225; s. 1, ch. 88-261; s. 2, ch. 88-292; s. 10, ch. 89-278; s. 21, ch. 89-298; s. 1, ch. 89-302; s. 16, ch. 89-379; s. 4, ch. 90-172; s. 8, ch. 90-208; ss. 27, 46, ch. 90-288; s. 59, ch. 90-360; s. 15, ch. 91-105; ss. 126, 134, ch. 94-209; s. 1531, ch. 95-147; s. 67, ch. 95-267; s. 1, ch. 96-273; s. 6, ch. 96-369; s. 41, ch. 96-398; s. 78, ch. 96-406; ss. 8, 107, ch. 97-190; s. 3, ch. 98-186; s. 17, ch. 98-280.