Florida Senate - 2021 SB 580 By Senator Harrell 25-00607-21 2021580__ Page 1 of 36 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to dyslexia; creating s. 1001.2151, 2 F.S.; providing legislative intent; requiring public 3 schools to screen all students in kindergarten through 4 grade 3 for dyslexia within a certain timeframe; 5 requiring public school students with a substantial 6 deficiency in reading to be placed in an intensive 7 remedial intervention program; requiring parental 8 notification of dyslexia diagnoses and biweekly 9 progress reports; providing for subsequent diagnostic 10 assessment; requiring that intensive remedial 11 intervention meet certain requirements; requiring 12 remedial intervention to continue until the student 13 can perform at a certain level; requiring public 14 schools to have at least one person on staff with 15 specified certification in reading instruction for 16 students with dyslexia; requiring the State Board of 17 Education to adopt rules; amending s. 1003.01, F.S.; 18 defining the terms “disability,” “dyscalculia,” 19 “dysgraphia,” and “dyslexia”; making technical 20 changes; establishing the Dyslexia Task Force within 21 the Department of Education; specifying the purpose 22 and duties of the task force; requiring the task force 23 members to be appointed by the Commissioner of 24 Education; requiring the task force to consist of nine 25 members having certain backgrounds; requiring the task 26 force to hold its first meeting within a certain 27 timeframe; providing that task force members serve 28 without compensation, but may receive reimbursement 29

Florida Senate - 2021 SB 580 25-00607-21 2021580__ Page 2 of 36 CODING: Words stricken are deletions; words underlined are additions. for certain expenses; providing a directive to the 30 Division of Law Revision; amending s. 1003.26, F.S.; 31 removing a requirement for district school 32 superintendents to refer parents to a home education 33 review committee; removing a penalty for parents 34 failing to provide a portfolio to such committee; 35 amending ss. 11.45, 39.0016, 414.1251, 1002.01, 36 1002.20, 1002.3105, 1002.33, 1002.385, 1002.42, 37 1002.43, 1003.03, 1003.21, 1003.4282, 1003.52, 38 1003.575, 1006.07, 1008.24, and 1012.2315, F.S.; 39 conforming cross-references; providing an effective 40 date. 41 42 Be It Enacted by the Legislature of the State of Florida: 43 44

Section

Section 1001.2151, Florida Statutes, is created 45 to read: 46 1001.2151 LITERACY-BASED PROMOTION.—It is the intent of the 47 Legislature to ensure that each student’s progression in 48 kindergarten through grade 3 is determined in part upon the 49 student’s proficiency in reading. Local school board policies 50 shall facilitate this proficiency, and each student and the 51 student’s parent or legal guardian shall be informed of the 52 student’s academic progress. 53

(1) Within the first 30 days of the school year, each 54 public school shall screen each student in kindergarten through 55 grade 3 for dyslexia using a dyslexia diagnostic assessment 56 screener. 57

(2) Each public school student in kindergarten through 58

Florida Senate - 2021 SB 580 25-00607-21 2021580__ Page 3 of 36 CODING: Words stricken are deletions; words underlined are additions. grade 3 who exhibits a substantial deficiency in reading at any 59 time, as demonstrated through his or her performance on a 60 dyslexia diagnostic assessment screener approved and developed 61 by the State Board of Education, must be placed in an intensive 62 remedial intervention program. 63

(3) The parent of any student in kindergarten through grade 64 3 who exhibits dyslexia shall be immediately notified by the 65 student’s school of the student’s deficiency pursuant to s. 66 1008.25(5) and the parent shall be provided a progress report 67 issued at 2-week intervals while the student continues to 68 exhibit dyslexia. The parent shall also be notified in writing 69 by the school of the process to request a special education 70 evaluation. 71

(4) The dyslexia diagnostic assessment screener may be 72 repeated at midyear and at the end of the school year to 73 determine student progression in reading. If it is determined 74 that the student continues to exhibit a reading deficiency, he 75 or she must be provided with continued intensive remedial 76 intervention by the school district until the deficiency is 77 remedied. Every public school must provide intensive 78 interventions for every student in kindergarten through grade 3 79 identified with a deficiency in reading or with dyslexia to 80 ameliorate the student’s specific deficiency. 81

(5) The intensive remedial intervention program must 82 include evidence-based interventions specifically designed for 83 dyslexia utilizing a structured literacy, speech to print, or 84 structured word inquiry approach to assist the student in 85 becoming a successful reader able to read at or above grade 86 level and ready for promotion to the next grade. The intensive 87

Florida Senate - 2021 SB 580 25-00607-21 2021580__ Page 4 of 36 CODING: Words stricken are deletions; words underlined are additions. remedial intervention program must be continued until the 88 student can maintain grade level performance in decoding, 89 encoding, reading fluency, and reading comprehension without 90 continued supportive intervention and services. 91

(6) Every public school must employ one or more full-time 92 personnel certified through a nationally recognized organization 93 specializing in reading instruction for students with dyslexia 94 to provide structured literacy, speech to print, or structured 95 word inquiry intervention. 96

(7) The State Board of Education shall adopt rules that 97 require students to be evaluated for phonological awareness to 98 determine whether a student has a specific learning disability. 99

Section

Section 1003.01, Florida Statutes, is amended to 100 read: 101 1003.01

Definitions.—As used in this chapter, the term: 102 (7)(1) “District school board” means the members who are 103 elected by the voters of a school district created and existing 104 pursuant to s. 4, Art.

IX of the State Constitution to operate 105 and control public K-12 education within the school district. 106 (19)(2) “School” means an organization of students for 107 instructional purposes on an elementary, middle or junior high 108 school, secondary or high school, or other public school level 109 authorized under rules of the State Board of Education. 110 (6) “Disability” means an intellectual disability; autism 111 spectrum disorder; a speech impairment; a language impairment; 112 an orthopedic impairment; any other health impairment; traumatic 113 brain injury; a visual impairment; an emotional or behavioral 114 disability; or a specific learning disability, including, but 115 not limited to, dyslexia, dysgraphia, dyscalculia, or 116

Florida Senate - 2021 SB 580 25-00607-21 2021580__ Page 5 of 36 CODING: Words stricken are deletions; words underlined are additions. developmental aphasia; students who are deaf or hard of hearing 117 or dual sensory impaired; students who are hospitalized or 118 homebound; children with developmental delays ages birth through 119 5 years, or children, ages birth through 2 years, with 120 established conditions that are identified in State Board of 121 Education rules pursuant to s. 1003.21(1)(e). 122 (9) “Dyscalculia” means a specific learning disability that 123 is: 124 (

a) Neurological in origin; 125 (

b) Characterized by difficulties with learning and 126 comprehending arithmetic, understanding numbers, performing 127 mathematical calculations, and learning mathematics; and 128 (

c) Often unexpected in relation to other cognitive 129 abilities and the provision of effective classroom instruction. 130 (10) “Dysgraphia” means a specific learning disability that 131 is: 132 (

a) Neurological in origin; 133 (

b) Characterized by difficulties with accurate writing 134 abilities, spelling, handwriting, and putting thoughts on paper; 135 and 136 (

c) Often unexpected in relation to other cognitive 137 abilities and the provision of effective classroom instruction. 138 (11) “Dyslexia” means a specific learning disability that 139 is: 140 (

a) Neurological in origin; 141 (

b) Characterized by difficulties with accurate and fluent 142 word recognition, spelling, and decoding which typically result 143 from a deficit in the phonological component of language; and 144 (

c) Often unexpected in relation to other cognitive 145

Florida Senate - 2021 SB 580 25-00607-21 2021580__ Page 6 of 36 CODING: Words stricken are deletions; words underlined are additions. abilities and the provision of effective classroom instruction. 146 Secondary consequences may include problems in reading 147 comprehension and reduced reading experience that can impede 148 growth of vocabulary and background knowledge. 149 (12)(3)(a) “Exceptional student” means any student who has 150 been determined eligible for a special program in accordance 151 with rules of the State Board of Education.

The term includes 152 students who are gifted and students with disabilities who have 153 an intellectual disability; autism spectrum disorder; a speech 154 impairment; a language impairment; an orthopedic impairment; an 155 other health impairment; traumatic brain injury; a visual 156 impairment; an emotional or behavioral disability; or a specific 157 learning disability, including, but not limited to, dyslexia, 158 dyscalculia, or developmental aphasia; students who are deaf or 159 hard of hearing or dual sensory impaired; students who are 160 hospitalized or homebound; children with developmental delays 161 ages birth through 5 years, or children, ages birth through 2 162 years, with established conditions that are identified in State 163 Board of Education rules pursuant to s. 1003.21(1)(e). 164 (b) “Special education services” means specially designed 165 instruction and such related services as are necessary for an 166 exceptional student to benefit from education.

Such services may 167 include: transportation; diagnostic and evaluation services; 168 social services; physical and occupational therapy; speech and 169 language pathology services; job placement; orientation and 170 mobility training; braillists, typists, and readers for the 171 blind; interpreters and auditory amplification; services 172 provided by a certified listening and spoken language 173 specialist; rehabilitation counseling; transition services; 174

Florida Senate - 2021 SB 580 25-00607-21 2021580__ Page 7 of 36 CODING: Words stricken are deletions; words underlined are additions. mental health services; guidance and career counseling; 175 specified materials, assistive technology devices, and other 176 specialized equipment; and other such services as approved by 177 rules of the state board. 178 (2)(4) “Career education” means education that provides 179 instruction for the following purposes: 180 (

a) At the elementary, middle, and high school levels, 181 exploratory courses designed to give students initial exposure 182 to a broad range of occupations to assist them in preparing 183 their academic and occupational plans, and practical arts 184 courses that provide generic skills that may apply to many 185 occupations but are not designed to prepare students for entry 186 into a specific occupation. Career education provided before 187 high school completion must be designed to strengthen both 188 occupational awareness and academic skills integrated throughout 189 all academic instruction. 190 (

b) At the secondary school level, job-preparatory 191 instruction in the competencies that prepare students for 192 effective entry into an occupation, including diversified 193 cooperative education, work experience, and job-entry programs 194 that coordinate directed study and on-the-job training. 195 (

c) At the postsecondary education level, courses of study 196 that provide competencies needed for entry into specific 197 occupations or for advancement within an occupation. 198 (20)(5)(a) “Suspension,” also referred to as out-of-school 199 suspension, means the temporary removal of a student from all 200 classes of instruction on public school grounds and all other 201 school-sponsored activities, except as authorized by the 202 principal or the principal’s designee, for a period not to 203

Florida Senate - 2021 SB 580 25-00607-21 2021580__ Page 8 of 36 CODING: Words stricken are deletions; words underlined are additions. exceed 10 school days and remanding of the student to the 204 custody of the student’s parent with specific homework 205 assignments for the student to complete. 206 (b) “In-school suspension” means the temporary removal of a 207 student from the student’s regular school program and placement 208 in an alternative program, such as that provided in s. 1003.53, 209 under the supervision of district school board personnel, for a 210 period not to exceed 10 school days. 211 (13)(6) “Expulsion” means the removal of the right and 212 obligation of a student to attend a public school under 213 conditions set by the district school board, and for a period of 214 time not to exceed the remainder of the term or school year and 215 1 additional year of attendance.

Expulsions may be imposed with 216 or without continuing educational services and shall be reported 217 accordingly. 218 (5)(7) “Corporal punishment” means the moderate use of 219 physical force or physical contact by a teacher or principal as 220 may be necessary to maintain discipline or to enforce school 221 rule.

However, the term “corporal punishment” does not include 222 the use of such reasonable force by a teacher or principal as 223 may be necessary for self-protection or to protect other 224 students from disruptive students. 225 (15)(8) “Habitual truant” means a student who has 15 226 unexcused absences within 90 calendar days with or without the 227 knowledge or consent of the student’s parent, is subject to 228 compulsory school attendance under s. 1003.21(1) and (2)(a), and 229 is not exempt under s. 1003.21(3) or s. 1003.24, or by meeting 230 the criteria for any other exemption specified by law or rules 231 of the State Board of Education.

Such a student must have been 232

Florida Senate - 2021 SB 580 25-00607-21 2021580__ Page 9 of 36 CODING: Words stricken are deletions; words underlined are additions. the subject of the activities specified in ss. 1003.26 and 233 1003.27(3), without resultant successful remediation of the 234 truancy problem before being dealt with as a child in need of 235 services according to the provisions of

chapter 984. 236 (8)(9) “Dropout” means a student who meets any one or more 237 of the following criteria: 238 (

a) The student has voluntarily removed himself or herself 239 from the school system before graduation for reasons that 240 include, but are not limited to, marriage, or the student has 241 withdrawn from school because he or she has failed the statewide 242 student assessment test and thereby does not receive any of the 243 certificates of completion; 244 (

b) The student has not met the relevant attendance 245 requirements of the school district pursuant to State Board of 246 Education rules, or the student was expected to attend a school 247 but did not enter as expected for unknown reasons, or the 248 student’s whereabouts are unknown; 249 (

c) The student has withdrawn from school, but has not 250 transferred to another public or private school or enrolled in 251 any career, adult, home education, or alternative educational 252 program; 253 (

d) The student has withdrawn from school due to hardship, 254 unless such withdrawal has been granted under the provisions of 255 s. 322.091, court action, expulsion, medical reasons, or 256 pregnancy; or 257 (

e) The student is not eligible to attend school because of 258 reaching the maximum age for an exceptional student program in 259 accordance with the district’s policy. 260 261

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The State Board of Education may adopt rules to implement the 262 provisions of this subsection. 263 (1)(10) “Alternative measures for students with special 264 needs” or “special programs” means measures designed to meet the 265 special needs of a student that cannot be met by regular school 266 curricula. 267 (16)(11)(a) “Juvenile justice education programs or 268 schools” means programs or schools operating for the purpose of 269 providing educational services to youth in Department of 270 Juvenile Justice programs, for a school year comprised of 250 271 days of instruction distributed over 12 months.

At the request 272 of the provider, a district school board may decrease the 273 minimum number of days of instruction by up to 10 days for 274 teacher planning for residential programs and up to 20 days for 275 teacher planning for nonresidential programs, subject to the 276 approval of the Department of Juvenile Justice and the 277 Department of Education. 278 (b) “Juvenile justice provider” means the Department of 279 Juvenile Justice, the sheriff, or a private, public, or other 280 governmental organization under contract with the Department of 281 Juvenile Justice or the sheriff that provides treatment, care 282 and custody, or educational programs for youth in juvenile 283 justice intervention, detention, or commitment programs. 284 (3)(12) “Children and youths who are experiencing 285 homelessness,” for programs authorized under subtitle B, 286 Education for Homeless Children and Youths, of Title VII of the 287 McKinney-Vento Homeless Assistance Act, 42 U.S.C. ss. 11431 et 288 seq., means children and youths who lack a fixed, regular, and 289 adequate nighttime residence, and includes: 290

Florida Senate - 2021 SB 580 25-00607-21 2021580__ Page 11 of 36 CODING: Words stricken are deletions; words underlined are additions. (

a) Children and youths who are sharing the housing of 291 other persons due to loss of housing, economic hardship, or a 292 similar reason; are living in motels, hotels, travel trailer 293 parks, or camping grounds due to the lack of alternative 294 adequate accommodations; are living in emergency or transitional 295 shelters; are abandoned in hospitals; or are awaiting foster 296 care placement. 297 (

b) Children and youths who have a primary nighttime 298 residence that is a public or private place not designed for or 299 ordinarily used as a regular sleeping accommodation for human 300 beings. 301 (

c) Children and youths who are living in cars, parks, 302 public spaces, abandoned buildings, bus or train stations, or 303 similar settings. 304 (

d) Migratory children who are living in circumstances 305 described in paragraphs (a)-(c). 306 (18)(13) “Regular school attendance” means the actual 307 attendance of a student during the school day as defined by law 308 and rules of the State Board of Education. Regular attendance 309 within the intent of s. 1003.21 may be achieved by attendance 310 in: 311 (

a) A public school supported by public funds; 312 (

b) A parochial, religious, or denominational school; 313 (

c) A private school supported in whole or in part by 314 tuition charges or by endowments or gifts; 315 (

d) A home education program that meets the requirements of 316

chapter 1002; or 317 (

e) A private tutoring program that meets the requirements 318 of

chapter 1002. 319

Florida Senate - 2021 SB 580 25-00607-21 2021580__ Page 12 of 36 CODING: Words stricken are deletions; words underlined are additions. (4)(14) “Core-curricula courses” means: 320 (

a) Courses in language arts/reading, mathematics, social 321 studies, and science in prekindergarten through grade 3, 322 excluding extracurricular courses pursuant to subsection (14) 323 subsection (15); 324 (

b) Courses in grades 4 through 8 in subjects that are 325 measured by state assessment at any grade level and courses 326 required for middle school promotion, excluding extracurricular 327 courses pursuant to subsection (14) subsection (15); 328 (

c) Courses in grades 9 through 12 in subjects that are 329 measured by state assessment at any grade level and courses that 330 are specifically identified by name in statute as required for 331 high school graduation and that are not measured by state 332 assessment, excluding extracurricular courses pursuant to 333 subsection (14) subsection (15); 334 (

d) Exceptional student education courses; and 335 (

e) English for Speakers of Other Languages courses. 336 337 The term is limited in meaning and used for the sole purpose of 338 designating classes that are subject to the maximum class size 339 requirements established in s. 1, Art. IX of the State 340 Constitution.

This term does not include courses offered under 341 ss. 1002.321(4)(e), 1002.33(7)(a)2.b., 1002.37, 1002.45, and 342 1003.499. 343 (14)(15) “Extracurricular courses” means all courses that 344 are not defined as “core-curricula courses,” which may include, 345 but are not limited to, physical education, fine arts, 346 performing fine arts, career education, and courses that may 347 result in college credit. The term is limited in meaning and 348

Florida Senate - 2021 SB 580 25-00607-21 2021580__ Page 13 of 36 CODING: Words stricken are deletions; words underlined are additions. used for the sole purpose of designating classes that are not 349 subject to the maximum class size requirements established in s. 350 1, Art.

IX of the State Constitution. 351 (17)(16) “Physical education” means the development or 352 maintenance of skills related to strength, agility, flexibility, 353 movement, and stamina, including dance; the development of 354 knowledge and skills regarding teamwork and fair play; the 355 development of knowledge and skills regarding nutrition and 356 physical fitness as part of a healthy lifestyle; and the 357 development of positive attitudes regarding sound nutrition and 358 physical activity as a component of personal well-being. 359

Section 3. The Dyslexia Task Force, a task force as defined 360 in s. 20.03, Florida Statutes, is established within the 361 Department of Education. 362

(1) The task force shall develop a dyslexia handbook that 363 must include, but is not limited to, the following: 364 (

a) Recommendations on how to identify dyslexia, 365 dysgraphia, and dyscalculia; 366 (

b) Recommendations for appropriate goal writing for 367 individual education plans (IEPs) for students with dyslexia, 368 dysgraphia, or dyscalculia; 369 (

c) Recommendations for interventions for dyslexia, 370 dysgraphia, and dyscalculia; 371 (

d) Recommendations for provision of assistive technology 372 guidelines; and 373 (

e) Recommendations for the creation of a parent handbook 374 regarding dyslexia, dysgraphia, and dyscalculia. 375

(2) The task force shall recommend amendments to uniform 376 digital IEP documents to require a drop-down menu under specific 377

Florida Senate - 2021 SB 580 25-00607-21 2021580__ Page 14 of 36 CODING: Words stricken are deletions; words underlined are additions. learning disabilities which allows child study teams to check 378 all learning disabilities that are exhibited by the student, 379 including dyslexia, dysgraphia, and dyscalculia. 380

(3) The task force shall consist of the following nine 381 members appointed by the Commissioner of Education: 382 (

a) Three members of organizations or nonprofits focused on 383 dyslexia and other specific learning disabilities. 384 (

b) A faculty member or researcher from a university with a 385 program or department devoted to dyslexia and reading disorders. 386 (

c) A neuropsychologist or clinical psychologist who 387 specializes in dyslexia evaluation and identification. 388 (

d) A speech language pathologist with expertise in 389 dyslexia, phonological deficits, and language disorders. 390 (

e) A parent of a child with dyslexia. 391 (

f) A public school teacher. 392 (

g) A public school principal. 393

(4) Within 90 days after the effective date of this act, a 394 majority of the members of the task force must be appointed and 395 the task force shall hold its first meeting. The task force 396 shall elect one of its members to serve as chair. Members of the 397 task force shall serve for the duration of the existence of the 398 task force. Any vacancy that occurs shall be filled in the same 399 manner as the original appointment. Task force members shall 400 serve without compensation, but are entitled to reimbursement 401 for per diem and travel expenses as provided in s. 112.061, 402 Florida Statutes. 403

Section 4. The Division of Law Revision is directed to 404 replace the phrase “the effective date of this act” wherever it 405 occurs in this act with the date the act becomes a law. 406

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Section 5. Paragraph (

f) of subsection (1) of

section 407 1003.26, Florida Statutes, is amended to read: 408 1003.26 Enforcement of school attendance.—The Legislature 409 finds that poor academic performance is associated with 410 nonattendance and that school districts must take an active role 411 in promoting and enforcing attendance as a means of improving 412 student performance.

It is the policy of the state that each 413 district school superintendent be responsible for enforcing 414 school attendance of all students subject to the compulsory 415 school age in the school district and supporting enforcement of 416 school attendance by local law enforcement agencies. The 417 responsibility includes recommending policies and procedures to 418 the district school board that require public schools to respond 419 in a timely manner to every unexcused absence, and every absence 420 for which the reason is unknown, of students enrolled in the 421 schools.

District school board policies shall require the parent 422 of a student to justify each absence of the student, and that 423 justification will be evaluated based on adopted district school 424 board policies that define excused and unexcused absences. The 425 policies must provide that public schools track excused and 426 unexcused absences and contact the home in the case of an 427 unexcused absence from school, or an absence from school for 428 which the reason is unknown, to prevent the development of 429 patterns of nonattendance.

The Legislature finds that early 430 intervention in school attendance is the most effective way of 431 producing good attendance habits that will lead to improved 432 student learning and achievement. Each public school shall 433 implement the following steps to promote and enforce regular 434 school attendance: 435

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(1) CONTACT, REFER, AND ENFORCE.— 436 (f)1. If the parent of a child who has been identified as 437 exhibiting a pattern of nonattendance enrolls the child in a 438 home education program pursuant to

chapter 1002, the district 439 school superintendent shall provide the parent a copy of s. 440 1002.41 and the accountability requirements of this paragraph. 441 The district school superintendent shall also refer the parent 442 to a home education review committee composed of the district 443 contact for home education programs and at least two home 444 educators selected by the parent from a district list of all 445 home educators who have conducted a home education program for 446 at least 3 years and who have indicated a willingness to serve 447 on the committee.

The home education review committee shall 448 review the portfolio of the student, as defined by s. 1002.41, 449 every 30 days during the district’s regular school terms until 450 the committee is satisfied that the home education program is in 451 compliance with s. 1002.41(1)(d). The first portfolio review 452 must occur within the first 30 calendar days of the 453 establishment of the program. The provisions of subparagraph 2. 454 do not apply once the committee determines the home education 455 program is in compliance with s. 1002.41(1)(d). 456 2.

If the parent fails to provide a portfolio to the 457 committee, the committee shall notify the district school 458 superintendent. The district school superintendent shall then 459 terminate the home education program and require the parent to 460 enroll the child in an attendance option that meets the 461 definition of “regular school attendance” under s. 462 1003.01(13)(a), (b), (c), or (e), within 3 days. Upon 463 termination of a home education program pursuant to this 464

Florida Senate - 2021 SB 580 25-00607-21 2021580__ Page 17 of 36 CODING: Words stricken are deletions; words underlined are additions. subparagraph, the parent shall not be eligible to reenroll the 465 child in a home education program for 180 calendar days. Failure 466 of a parent to enroll the child in an attendance option as 467 required by this subparagraph after termination of the home 468 education program pursuant to this subparagraph shall constitute 469 noncompliance with the compulsory attendance requirements of s. 470 1003.21 and may result in criminal prosecution under s. 471 1003.27(2).

Nothing contained herein shall restrict the ability 472 of the district school superintendent, or the ability of his or 473 her designee, to review the portfolio pursuant to s. 474 1002.41(1)(e). 475

Section 6. Paragraph (

k) of subsection (2) of

section 476 11.45, Florida Statutes, is amended to read: 477 11.45

Definitions; duties; authorities; reports; rules.— 478

(2) DUTIES.—The Auditor General shall: 479 (

k) Contact each district school board, as defined in s. 480 1003.01 s. 1003.01(1), with the findings and recommendations 481 contained within the Auditor General’s previous operational 482 audit report. The district school board shall provide the 483 Auditor General with evidence of the initiation of corrective 484 action within 45 days after the date it is requested by the 485 Auditor General and evidence of completion of corrective action 486 within 180 days after the date it is requested by the Auditor 487 General.

If the district school board fails to comply with the 488 Auditor General’s request or is unable to take corrective action 489 within the required timeframe, the Auditor General shall notify 490 the Legislative Auditing Committee. 491 492 The Auditor General shall perform his or her duties 493

Florida Senate - 2021 SB 580 25-00607-21 2021580__ Page 18 of 36 CODING: Words stricken are deletions; words underlined are additions. independently but under the general policies established by the 494 Legislative Auditing Committee. This subsection does not limit 495 the Auditor General’s discretionary authority to conduct other 496 audits or engagements of governmental entities as authorized in 497 subsection (3). 498

Section 7. Paragraph (

b) of subsection (3) of

section 499 39.0016, Florida Statutes, is amended to read: 500 39.0016 Education of abused, neglected, and abandoned 501 children; agency agreements; children having or suspected of 502 having a disability.— 503

(3) CHILDREN HAVING OR SUSPECTED OF HAVING A DISABILITY.— 504 (b)1. Each district school superintendent or dependency 505 court must appoint a surrogate parent for a child known to the 506 department who has or is suspected of having a disability, as 507 defined in s. 1003.01 s. 1003.01(3), when: 508 a. After reasonable efforts, no parent can be located; or 509 b. A court of competent jurisdiction over a child under 510 this

chapter has determined that no person has the authority 511 under the Individuals with Disabilities Education Act, including 512 the parent or parents subject to the dependency action, or that 513 no person has the authority, willingness, or ability to serve as 514 the educational decisionmaker for the child without judicial 515 action. 516 2. A surrogate parent appointed by the district school 517 superintendent or the court must be at least 18 years old and 518 have no personal or professional interest that conflicts with 519 the interests of the student to be represented.

Neither the 520 district school superintendent nor the court may appoint an 521 employee of the Department of Education, the local school 522

Florida Senate - 2021 SB 580 25-00607-21 2021580__ Page 19 of 36 CODING: Words stricken are deletions; words underlined are additions. district, a community-based care provider, the Department of 523 Children and Families, or any other public or private agency 524 involved in the education or care of the child as appointment of 525 those persons is prohibited by federal law.

This prohibition 526 includes group home staff and therapeutic foster parents. 527 However, a person who acts in a parental role to a child, such 528 as a foster parent or relative caregiver, is not prohibited from 529 serving as a surrogate parent if he or she is employed by such 530 agency, willing to serve, and knowledgeable about the child and 531 the exceptional student education process. The surrogate parent 532 may be a court-appointed guardian ad litem or a relative or 533 nonrelative adult who is involved in the child’s life regardless 534 of whether that person has physical custody of the child.

Each 535 person appointed as a surrogate parent must have the knowledge 536 and skills acquired by successfully completing training using 537 materials developed and approved by the Department of Education 538 to ensure adequate representation of the child. 539 3. If a guardian ad litem has been appointed for a child, 540 the district school superintendent must first consider the 541 child’s guardian ad litem when appointing a surrogate parent. 542 The district school superintendent must accept the appointment 543 of the court if he or she has not previously appointed a 544 surrogate parent.

Similarly, the court must accept a surrogate 545 parent duly appointed by a district school superintendent. 546 4. A surrogate parent appointed by the district school 547 superintendent or the court must be accepted by any subsequent 548 school or school district without regard to where the child is 549 receiving residential care so that a single surrogate parent can 550 follow the education of the child during his or her entire time 551

Florida Senate - 2021 SB 580 25-00607-21 2021580__ Page 20 of 36 CODING: Words stricken are deletions; words underlined are additions. in state custody. Nothing in this paragraph or in rule shall 552 limit or prohibit the continuance of a surrogate parent 553 appointment when the responsibility for the student’s 554 educational placement moves among and between public and private 555 agencies. 556 5. For a child known to the department, the responsibility 557 to appoint a surrogate parent resides with both the district 558 school superintendent and the court with jurisdiction over the 559 child.

If the court elects to appoint a surrogate parent, notice 560 shall be provided as soon as practicable to the child’s school. 561 At any time the court determines that it is in the best 562 interests of a child to remove a surrogate parent, the court may 563 appoint a new surrogate parent for educational decisionmaking 564 purposes for that child. 565 6. The surrogate parent shall continue in the appointed 566 role until one of the following occurs: 567 a. The child is determined to no longer be eligible or in 568 need of special programs, except when termination of special 569 programs is being contested. 570 b.

The child achieves permanency through adoption or legal 571 guardianship and is no longer in the custody of the department. 572 c. The parent who was previously unknown becomes known, 573 whose whereabouts were unknown is located, or who was 574 unavailable is determined by the court to be available. 575 d. The appointed surrogate no longer wishes to represent 576 the child or is unable to represent the child. 577 e. The superintendent of the school district in which the 578 child is attending school, the Department of Education contract 579 designee, or the court that appointed the surrogate determines 580

Florida Senate - 2021 SB 580 25-00607-21 2021580__ Page 21 of 36 CODING: Words stricken are deletions; words underlined are additions. that the appointed surrogate parent no longer adequately 581 represents the child. 582 f. The child moves to a geographic location that is not 583 reasonably accessible to the appointed surrogate. 584 7. The appointment and termination of appointment of a 585 surrogate under this paragraph shall be entered as an order of 586 the court with a copy of the order provided to the child’s 587 school as soon as practicable. 588 8.

The person appointed as a surrogate parent under this 589 paragraph must: 590 a. Be acquainted with the child and become knowledgeable 591 about his or her disability and educational needs. 592 b. Represent the child in all matters relating to 593 identification, evaluation, and educational placement and the 594 provision of a free and appropriate education to the child. 595 c. Represent the interests and safeguard the rights of the 596 child in educational decisions that affect the child. 597 9.

The responsibilities of the person appointed as a 598 surrogate parent shall not extend to the care, maintenance, 599 custody, residential placement, or any other area not 600 specifically related to the education of the child, unless the 601 same person is appointed by the court for such other purposes. 602 10. A person appointed as a surrogate parent shall enjoy 603 all of the procedural safeguards afforded a parent with respect 604 to the identification, evaluation, and educational placement of 605 a student with a disability or a student who is suspected of 606 having a disability. 607 11.

A person appointed as a surrogate parent shall not be 608 held liable for actions taken in good faith on behalf of the 609

Florida Senate - 2021 SB 580 25-00607-21 2021580__ Page 22 of 36 CODING: Words stricken are deletions; words underlined are additions. student in protecting the special education rights of the child. 610

Section 8. Subsection (1) of

section 414.1251, Florida 611 Statutes, is amended to read: 612 414.1251 Learnfare program.— 613

(1) The department shall reduce the temporary cash 614 assistance for a participant’s eligible dependent child or for 615 an eligible teenage participant who has not been exempted from 616 education participation requirements, if the eligible dependent 617 child or eligible teenage participant has been identified either 618 as a habitual truant, pursuant to s. 1003.01 s. 1003.01(8), or 619 as a dropout, pursuant to s. 1003.01 s. 1003.01(9).

For a 620 student who has been identified as a habitual truant, the 621 temporary cash assistance must be reinstated after a subsequent 622 grading period in which the child’s attendance has substantially 623 improved. For a student who has been identified as a dropout, 624 the temporary cash assistance must be reinstated after the 625 student enrolls in a public school, receives a high school 626 diploma or its equivalency, enrolls in preparation for the high 627 school equivalency examination, or enrolls in other educational 628 activities approved by the district school board.

Good cause 629 exemptions from the rule of unexcused absences include the 630 following: 631 (

a) The student is expelled from school and alternative 632 schooling is not available. 633 (

b) No licensed day care is available for a child of teen 634 parents subject to Learnfare. 635 (

c) Prohibitive transportation problems exist (e.g., to and 636 from day care). 637 638

Florida Senate - 2021 SB 580 25-00607-21 2021580__ Page 23 of 36 CODING: Words stricken are deletions; words underlined are additions. Within 10 days after sanction notification, the participant 639 parent of a dependent child or the teenage participant may file 640 an internal fair hearings process review procedure appeal, and 641 no sanction shall be imposed until the appeal is resolved. 642

Section

Section 1002.01, Florida Statutes, is amended to 643 read: 644 1002.01

Definitions.— 645

(1) A “home education program” means the sequentially 646 progressive instruction of a student directed by his or her 647 parent in order to satisfy the attendance requirements of ss. 648 1002.41, 1003.01(13), and 1003.21(1). 649

(2) A “private school” is a nonpublic school defined as an 650 individual, association, copartnership, or corporation, or 651 department, division, or

section of such organizations, that 652 designates itself as an educational center that includes 653 kindergarten or a higher grade or as an elementary, secondary, 654 business, technical, or trade school below college level or any 655 organization that provides instructional services that meet the 656 intent of s. 1003.01(18) s. 1003.01(13) or that gives 657 preemployment or supplementary training in technology or in 658 fields of trade or industry or that offers academic, literary, 659 or career training below college level, or any combination of 660 the above, including an institution that performs the functions 661 of the above schools through correspondence or extension, except 662 those licensed under the provisions of

chapter 1005. A private 663 school may be a parochial, religious, denominational, for-664 profit, or nonprofit school. This definition does not include 665 home education programs conducted in accordance with s. 1002.41. 666

Section 10. Paragraph (

b) of subsection (2) of

section 667

Florida Senate - 2021 SB 580 25-00607-21 2021580__ Page 24 of 36 CODING: Words stricken are deletions; words underlined are additions. 1002.20, Florida Statutes, is amended to read: 668 1002.20 K-12 student and parent rights.—Parents of public 669 school students must receive accurate and timely information 670 regarding their child’s academic progress and must be informed 671 of ways they can help their child to succeed in school. K-12 672 students and their parents are afforded numerous statutory 673 rights including, but not limited to, the following: 674

(2) ATTENDANCE.— 675 (

b) Regular school attendance.—Parents of students who have 676 attained the age of 6 years by February 1 of any school year but 677 who have not attained the age of 16 years must comply with the 678 compulsory school attendance laws. Parents have the option to 679 comply with the school attendance laws by attendance of the 680 student in a public school; a parochial, religious, or 681 denominational school; a private school; a home education 682 program; or a private tutoring program, in accordance with the 683 provisions of s. 1003.01(18) s. 1003.01(13). 684

Section 11. Paragraph (

d) of subsection (3) of

section 685 1002.3105, Florida Statutes, is amended to read: 686 1002.3105 Academically Challenging Curriculum to Enhance 687 Learning (ACCEL) options.— 688

(3) STUDENT ELIGIBILITY CONSIDERATIONS.—When establishing 689 student eligibility requirements, principals and school 690 districts must consider, at a minimum: 691 (

d) Recommendations from one or more of the student’s 692 teachers in core-curricula courses as defined in s. 1003.01 s. 693 1003.01(14)(a)-(e). 694

Section 12. Paragraph (

a) of subsection (20) of

section 695 1002.33, Florida Statutes, is amended to read: 696

Florida Senate - 2021 SB 580 25-00607-21 2021580__ Page 25 of 36 CODING: Words stricken are deletions; words underlined are additions. 1002.33 Charter schools.— 697

(20) SERVICES.— 698 (a)1. A sponsor shall provide certain administrative and 699 educational services to charter schools.

These services shall 700 include contract management services; full-time equivalent and 701 data reporting services; exceptional student education 702 administration services; services related to eligibility and 703 reporting duties required to ensure that school lunch services 704 under the National School Lunch Program, consistent with the 705 needs of the charter school, are provided by the school district 706 at the request of the charter school, that any funds due to the 707 charter school under the National School Lunch Program be paid 708 to the charter school as soon as the charter school begins 709 serving food under the National School Lunch Program, and that 710 the charter school is paid at the same time and in the same 711 manner under the National School Lunch Program as other public 712 schools serviced by the sponsor or the school district; test 713 administration services, including payment of the costs of 714 state-required or district-required student assessments; 715 processing of teacher certificate data services; and information 716 services, including equal access to student information systems 717 that are used by public schools in the district in which the 718 charter school is located.

Student performance data for each 719 student in a charter school, including, but not limited to, FCAT 720 scores, standardized test scores, previous public school student 721 report cards, and student performance measures, shall be 722 provided by the sponsor to a charter school in the same manner 723 provided to other public schools in the district. 724 2. A sponsor may withhold an administrative fee for the 725

Florida Senate - 2021 SB 580 25-00607-21 2021580__ Page 26 of 36 CODING: Words stricken are deletions; words underlined are additions. provision of such services which shall be a percentage of the 726 available funds defined in paragraph (17)(

b) calculated based on 727 weighted full-time equivalent students. If the charter school 728 serves 75 percent or more exceptional education students as 729 defined in s. 1003.01 s. 1003.01(3), the percentage shall be 730 calculated based on unweighted full-time equivalent students. 731 The administrative fee shall be calculated as follows: 732 a. Up to 5 percent for: 733 (

I) Enrollment of up to and including 250 students in a 734 charter school as defined in this section. 735 (II) Enrollment of up to and including 500 students within 736 a charter school system which meets all of the following: 737 (

A) Includes conversion charter schools and nonconversion 738 charter schools. 739 (

B) Has all of its schools located in the same county. 740 (

C) Has a total enrollment exceeding the total enrollment 741 of at least one school district in the state. 742 (

D) Has the same governing board for all of its schools. 743 (

E) Does not contract with a for-profit service provider 744 for management of school operations. 745 (III) Enrollment of up to and including 250 students in a 746 virtual charter school. 747 b. Up to 2 percent for enrollment of up to and including 748 250 students in a high-performing charter school as defined in 749 s. 1002.331. 750 3. A sponsor may not charge charter schools any additional 751 fees or surcharges for administrative and educational services 752 in addition to the maximum percentage of administrative fees 753 withheld pursuant to this paragraph. 754

Florida Senate - 2021 SB 580 25-00607-21 2021580__ Page 27 of 36 CODING: Words stricken are deletions; words underlined are additions. 4. A sponsor shall provide to the department by September 755 15 of each year the total amount of funding withheld from 756 charter schools pursuant to this subsection for the prior fiscal 757 year. The department must include the information in the report 758 required under sub-sub-subparagraph (5)(b)1.k.(III). 759

Section 13. Paragraph (

h) of subsection (5) and paragraph 760 (

a) of subsection (11) of

section 1002.385, Florida Statutes, 761 are amended to read: 762 1002.385 The Gardiner Scholarship.— 763

(5) AUTHORIZED USES OF PROGRAM FUNDS.—Program funds must be 764 used to meet the individual educational needs of an eligible 765 student and may be spent for the following purposes: 766 (

h) Tuition and fees for part-time tutoring services 767 provided by a person who holds a valid Florida educator’s 768 certificate pursuant to s. 1012.56; a person who holds an 769 adjunct teaching certificate pursuant to s. 1012.57; a person 770 who has a bachelor’s degree or a graduate degree in the subject 771 area in which instruction is given; or a person who has 772 demonstrated a mastery of subject area knowledge pursuant to s. 773 1012.56(5).

As used in this paragraph, the term “part-time 774 tutoring services” does not qualify as regular school attendance 775 as defined in s. 1003.01 s. 1003.01(13)(e). 776 777 A provider of any services receiving payments pursuant to this 778 subsection may not share, refund, or rebate any moneys from the 779 Gardiner Scholarship with the parent or participating student in 780 any manner. A parent, student, or provider of any services may 781 not bill an insurance company, Medicaid, or any other agency for 782 the same services that are paid for using Gardiner Scholarship 783

Florida Senate - 2021 SB 580 25-00607-21 2021580__ Page 28 of 36 CODING: Words stricken are deletions; words underlined are additions. funds. 784

(11) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM 785 PARTICIPATION.—A parent who applies for program participation 786 under this

section is exercising his or her parental option to 787 determine the appropriate placement or the services that best 788 meet the needs of his or her child. The scholarship award for a 789 student is based on a matrix that assigns the student to support 790 Level III services. If a parent receives an IEP and a matrix of 791 services from the school district pursuant to subsection (7), 792 the amount of the payment shall be adjusted as needed, when the 793 school district completes the matrix. 794 (

a) To satisfy or maintain program eligibility, including 795 eligibility to receive and spend program payments, the parent 796 must sign an agreement with the organization and annually submit 797 a notarized, sworn compliance statement to the organization to: 798 1. Affirm that the student is enrolled in a program that 799 meets regular school attendance requirements as provided in s. 800 1003.01(18)(b)-(

d) s. 1003.01(13)(b)-(d). 801 2. Affirm that the program funds are used only for 802 authorized purposes serving the student’s educational needs, as 803 described in subsection (5). 804 3. Affirm that the parent is responsible for the education 805 of his or her student by, as applicable: 806 a. Requiring the student to take an assessment in 807 accordance with paragraph (8)(b); 808 b. Providing an annual evaluation in accordance with s. 809 1002.41(1)(f); or 810 c. Requiring the child to take any preassessments and 811 postassessments selected by the provider if the child is 4 years 812

Florida Senate - 2021 SB 580 25-00607-21 2021580__ Page 29 of 36 CODING: Words stricken are deletions; words underlined are additions. of age and is enrolled in a program provided by an eligible 813 Voluntary Prekindergarten Education Program provider. A student 814 with disabilities for whom a preassessment and postassessment is 815 not appropriate is exempt from this requirement. A participating 816 provider shall report a student’s scores to the parent. 817 4. Affirm that the student remains in good standing with 818 the provider or school if those options are selected by the 819 parent. 820 821 A parent who fails to comply with this subsection forfeits the 822 Gardiner Scholarship. 823

Section 14. Subsection (7) of

section 1002.42, Florida 824 Statutes, is amended to read: 825 1002.42 Private schools.— 826

(7) ATTENDANCE REQUIREMENTS.—Attendance of a student at a 827 private, parochial, religious, or denominational school 828 satisfies the attendance requirements of ss. 1003.01(18) ss. 829 1003.01(13) and 1003.21(1). 830

Section 15. Subsection (1) of

section 1002.43, Florida 831 Statutes, is amended to read: 832 1002.43 Private tutoring programs.— 833

(1) Regular school attendance as defined in s. 1003.01 s. 834 1003.01(13) may be achieved by attendance in a private tutoring 835 program if the person tutoring the student meets the following 836 requirements: 837 (

a) Holds a valid Florida certificate to teach the subjects 838 or grades in which instruction is given. 839 (

b) Keeps all records and makes all reports required by the 840 state and district school board and makes regular reports on the 841

Florida Senate - 2021 SB 580 25-00607-21 2021580__ Page 30 of 36 CODING: Words stricken are deletions; words underlined are additions. attendance of students in accordance with the provisions of s. 842 1003.23(2). 843 (

c) Requires students to be in actual attendance for the 844 minimum length of time prescribed by s. 1011.60(2). 845

Section 16. Subsection (6) of

section 1003.03, Florida 846 Statutes, is amended to read: 847 1003.03 Maximum class size.— 848

(6) COURSES FOR COMPLIANCE.—Consistent with s. 1003.01(4) 849 s. 1003.01(14), the Department of Education shall identify from 850 the Course Code Directory the core-curricula courses for the 851 purpose of satisfying the maximum class size requirement in this 852 section. The department may adopt rules to implement this 853 subsection, if necessary. 854

Section 17. Subsection (4) of

section 1003.21, Florida 855 Statutes, is amended to read: 856 1003.21 School attendance.— 857

(4) Before admitting a child to kindergarten, the principal 858 shall require evidence that the child has attained the age at 859 which he or she should be admitted in accordance with the 860 provisions of subparagraph (1)(a)2. The district school 861 superintendent may require evidence of the age of any child who 862 is being enrolled in public school and who the district school 863 superintendent believes to be within the limits of compulsory 864 attendance as provided for by law; however, the district school 865 superintendent may not require evidence from any child who meets 866 regular attendance requirements by attending a school or program 867 listed in s. 1003.01(18)(b)-(

e) s. 1003.01(13)(b)-(e). If the 868 first prescribed evidence is not available, the next evidence 869 obtainable in the order set forth below shall be accepted: 870

Florida Senate - 2021 SB 580 25-00607-21 2021580__ Page 31 of 36 CODING: Words stricken are deletions; words underlined are additions. (

a) A duly attested transcript of the child’s birth record 871 filed according to law with a public officer charged with the 872 duty of recording births; 873 (

b) A duly attested transcript of a certificate of baptism 874 showing the date of birth and place of baptism of the child, 875 accompanied by an affidavit sworn to by the parent; 876 (

c) An insurance policy on the child’s life that has been 877 in force for at least 2 years; 878 (

d) A bona fide contemporary religious record of the 879 child’s birth accompanied by an affidavit sworn to by the 880 parent; 881 (

e) A passport or certificate of arrival in the United 882 States showing the age of the child; 883 (

f) A transcript of record of age shown in the child’s 884 school record of at least 4 years prior to application, stating 885 date of birth; or 886 (

g) If none of these evidences can be produced, an 887 affidavit of age sworn to by the parent, accompanied by a 888 certificate of age signed by a public health officer or by a 889 public school physician, or, if these are not available in the 890 county, by a licensed practicing physician designated by the 891 district school board, which states that the health officer or 892 physician has examined the child and believes that the age as 893 stated in the affidavit is substantially correct. Children and 894 youths who are experiencing homelessness and children who are 895 known to the department, as defined in s. 39.0016, shall be 896 given temporary exemption from this

section for 30 school days. 897

Section 18. Paragraph (

b) of subsection (1) of

section 898 1003.4282, Florida Statutes, is amended to read: 899

Florida Senate - 2021 SB 580 25-00607-21 2021580__ Page 32 of 36 CODING: Words stricken are deletions; words underlined are additions. 1003.4282 Requirements for a standard high school diploma.— 900

(1) TWENTY-FOUR CREDITS REQUIRED.— 901 (

b) The required credits may be earned through equivalent, 902 applied, or integrated courses or career education courses as 903 defined in s. 1003.01 s. 1003.01(4), including work-related 904 internships approved by the State Board of Education and 905 identified in the course code directory. However, any must-pass 906 assessment requirements must be met. An equivalent course is one 907 or more courses identified by content-area experts as being a 908 match to the core curricular content of another course, based 909 upon review of the Next Generation Sunshine State Standards for 910 that subject.

An applied course aligns with Next Generation 911 Sunshine State Standards and includes real-world applications of 912 a career and technical education standard used in business or 913 industry. An integrated course includes content from several 914 courses within a content area or across content areas. 915

Section 19. Subsection (4) of

section 1003.52, Florida 916 Statutes, is amended to read: 917 1003.52 Educational services in Department of Juvenile 918 Justice programs.— 919

(4) Educational services shall be provided at times of the 920 day most appropriate for the juvenile justice program. School 921 programming in juvenile justice detention, prevention, day 922 treatment, and residential programs shall be made available by 923 the local school district during the juvenile justice school 924 year, as provided in s. 1003.01(16) s. 1003.01(11). In addition, 925 students in juvenile justice education programs shall have 926 access to courses offered pursuant to ss. 1002.37, 1002.45, and 927 1003.498. The Department of Education and the school districts 928

Florida Senate - 2021 SB 580 25-00607-21 2021580__ Page 33 of 36 CODING: Words stricken are deletions; words underlined are additions. shall adopt policies necessary to provide such access. 929

Section

Section 1003.575, Florida Statutes, is amended 930 to read: 931 1003.575 Assistive technology devices; findings; 932 interagency agreements.—Accessibility, utilization, and 933 coordination of appropriate assistive technology devices and 934 services are essential as a young person with disabilities moves 935 from early intervention to preschool, from preschool to school, 936 from one school to another, from school to employment or 937 independent living, and from school to home and community.

If an 938 individual education plan team makes a recommendation in 939 accordance with State Board of Education rule for a student with 940 a disability, as defined in s. 1003.01 s. 1003.01(3), to receive 941 an assistive technology assessment, that assessment must be 942 completed within 60 school days after the team’s recommendation. 943 To ensure that an assistive technology device issued to a young 944 person as part of his or her individualized family support plan, 945 individual support plan, individualized plan for employment, or 946 individual education plan remains with the individual through 947 such transitions, the following agencies shall enter into 948 interagency agreements, as appropriate, to ensure the 949 transaction of assistive technology devices: 950

(1) The Early Steps Program in the Division of Children’s 951 Medical Services of the Department of Health. 952

(2) The Division of Blind Services, the Bureau of 953 Exceptional Education and Student Services, the Office of 954 Independent Education and Parental Choice, and the Division of 955 Vocational Rehabilitation of the Department of Education. 956

(3) The Voluntary Prekindergarten Education Program 957

Florida Senate - 2021 SB 580 25-00607-21 2021580__ Page 34 of 36 CODING: Words stricken are deletions; words underlined are additions. administered by the Department of Education and the Office of 958 Early Learning. 959 960 Interagency agreements entered into pursuant to this

section 961 shall provide a framework for ensuring that young persons with 962 disabilities and their families, educators, and employers are 963 informed about the utilization and coordination of assistive 964 technology devices and services that may assist in meeting 965 transition needs, and shall establish a mechanism by which a 966 young person or his or her parent may request that an assistive 967 technology device remain with the young person as he or she 968 moves through the continuum from home to school to postschool. 969

Section 21. Paragraph (

d) of subsection (2) of

section 970 1006.07, Florida Statutes, is amended to read: 971 1006.07 District school board duties relating to student 972 discipline and school safety.—The district school board shall 973 provide for the proper accounting for all students, for the 974 attendance and control of students at school, and for proper 975 attention to health, safety, and other matters relating to the 976 welfare of students, including: 977

(2) CODE OF STUDENT CONDUCT.—Adopt a code of student 978 conduct for elementary schools and a code of student conduct for 979 middle and high schools and distribute the appropriate code to 980 all teachers, school personnel, students, and parents, at the 981 beginning of every school year. Each code shall be organized and 982 written in language that is understandable to students and 983 parents and shall be discussed at the beginning of every school 984 year in student classes, school advisory council meetings, and 985 parent and teacher association or organization meetings. Each 986

Florida Senate - 2021 SB 580 25-00607-21 2021580__ Page 35 of 36 CODING: Words stricken are deletions; words underlined are additions. code shall be based on the rules governing student conduct and 987 discipline adopted by the district school board and shall be 988 made available in the student handbook or similar publication. 989 Each code shall include, but is not limited to: 990 (d)1.

An explanation of the responsibilities of each 991 student with regard to appropriate dress, respect for self and 992 others, and the role that appropriate dress and respect for self 993 and others has on an orderly learning environment. Each district 994 school board shall adopt a dress code policy that prohibits a 995 student, while on the grounds of a public school during the 996 regular school day, from wearing clothing that exposes underwear 997 or body parts in an indecent or vulgar manner or that disrupts 998 the orderly learning environment. 999 2.

Any student who violates the dress policy described in 1000 subparagraph 1. is subject to the following disciplinary 1001 actions: 1002 a. For a first offense, a student shall be given a verbal 1003 warning and the school principal shall call the student’s parent 1004 or guardian. 1005 b. For a second offense, the student is ineligible to 1006 participate in any extracurricular activity for a period of time 1007 not to exceed 5 days and the school principal shall meet with 1008 the student’s parent or guardian. 1009 c.

For a third or subsequent offense, a student shall 1010 receive an in-school suspension pursuant to s. 1003.01 s. 1011 1003.01(5) for a period not to exceed 3 days, the student is 1012 ineligible to participate in any extracurricular activity for a 1013 period not to exceed 30 days, and the school principal shall 1014 call the student’s parent or guardian and send the parent or 1015

Florida Senate - 2021 SB 580 25-00607-21 2021580__ Page 36 of 36 CODING: Words stricken are deletions; words underlined are additions. guardian a written letter regarding the student’s in-school 1016 suspension and ineligibility to participate in extracurricular 1017 activities. 1018

Section 22. Subsection (5) of

section 1008.24, Florida 1019 Statutes, is amended to read: 1020 1008.24 Test administration and security; public records 1021 exemption.— 1022

(5) Exceptional students with disabilities, as defined in 1023 s. 1003.01 s. 1003.01(3), shall have access to testing sites. 1024 The Department of Education and each school district shall adopt 1025 policies that are necessary to ensure such access. 1026

Section 23. Paragraph (

c) of subsection (6) of

section 1027 1012.2315, Florida Statutes, is amended to read: 1028 1012.2315 Assignment of teachers.— 1029

(6) ASSIGNMENT OF TEACHERS BASED UPON PERFORMANCE 1030 EVALUATIONS.— 1031 (

c) For a student enrolling in an extracurricular course as 1032 defined in s. 1003.01 s. 1003.01(15), a parent may choose to 1033 have the student taught by a teacher who received a performance 1034 evaluation of “needs improvement” or “unsatisfactory” in the 1035 preceding school year if the student and the student’s parent 1036 receive an explanation of the impact of teacher effectiveness on 1037 student learning and the principal receives written consent from 1038 the parent. 1039

Section 24. This act shall take effect July 1, 2021. 1040