Florida Senate - 2020 SB 588 By Senator Rouson 19-00912-20 2020588__ Page 1 of 7 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to the enforcement of school 2 attendance; amending s. 1003.26, F.S.; authorizing 3 district school boards and charter school governing 4 boards to allow a specified number of mental health 5 days as excused absences for students; providing an 6 effective date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10

Section

Section 1003.26, Florida Statutes, is amended to 11 read: 12 1003.26 Enforcement of school attendance.—The Legislature 13 finds that poor academic performance is associated with 14 nonattendance and that school districts must take an active role 15 in promoting and enforcing attendance as a means of improving 16 student performance.

It is the policy of the state that each 17 district school superintendent be responsible for enforcing 18 school attendance of all students subject to the compulsory 19 school age in the school district and supporting enforcement of 20 school attendance by local law enforcement agencies. The 21 responsibility includes recommending policies and procedures to 22 the district school board that require public schools to respond 23 in a timely manner to every unexcused absence, and every absence 24 for which the reason is unknown, of students enrolled in the 25 schools.

Each district school board and charter school governing 26 board may allow up to 1 mental health day for each semester as 27 an excused absence for a student as part of its policies 28 relating to student absences. District school board policies 29

Florida Senate - 2020 SB 588 19-00912-20 2020588__ Page 2 of 7 CODING: Words stricken are deletions; words underlined are additions. shall require the parent of a student to justify each absence of 30 the student, and that justification will be evaluated based on 31 adopted district school board policies that define excused and 32 unexcused absences.

The policies must provide that public 33 schools track excused and unexcused absences and contact the 34 home in the case of an unexcused absence from school, or an 35 absence from school for which the reason is unknown, to prevent 36 the development of patterns of nonattendance. The Legislature 37 finds that early intervention in school attendance is the most 38 effective way of producing good attendance habits that will lead 39 to improved student learning and achievement. Each public school 40 shall implement the following steps to promote and enforce 41 regular school attendance: 42

(1) CONTACT, REFER, AND ENFORCE.— 43 (

a) Upon each unexcused absence, or absence for which the 44 reason is unknown, the school principal or his or her designee 45 shall contact the student’s parent to determine the reason for 46 the absence. If the absence is an excused absence, as defined by 47 district school board policy, the school shall provide 48 opportunities for the student to make up assigned work and not 49 receive an academic penalty unless the work is not made up 50 within a reasonable time. 51 (

b) If a student has had at least five unexcused absences, 52 or absences for which the reasons are unknown, within a calendar 53 month or 10 unexcused absences, or absences for which the 54 reasons are unknown, within a 90-calendar-day period, the 55 student’s primary teacher shall report to the school principal 56 or his or her designee that the student may be exhibiting a 57 pattern of nonattendance. The principal shall, unless there is 58

Florida Senate - 2020 SB 588 19-00912-20 2020588__ Page 3 of 7 CODING: Words stricken are deletions; words underlined are additions. clear evidence that the absences are not a pattern of 59 nonattendance, refer the case to the school’s child study team 60 to determine if early patterns of truancy are developing.

If the 61 child study team finds that a pattern of nonattendance is 62 developing, whether the absences are excused or not, a meeting 63 with the parent must be scheduled to identify potential 64 remedies, and the principal shall notify the district school 65 superintendent and the school district contact for home 66 education programs that the referred student is exhibiting a 67 pattern of nonattendance. 68 (

c) If an initial meeting does not resolve the problem, the 69 child study team shall implement the following: 70 1. Frequent attempts at communication between the teacher 71 and the family. 72 2. Evaluation for alternative education programs. 73 3. Attendance contracts. 74 75 The child study team may, but is not required to, implement 76 other interventions, including referral to other agencies for 77 family services or recommendation for filing a truancy petition 78 pursuant to s. 984.151. 79 (

d) The child study team shall be diligent in facilitating 80 intervention services and shall report the case to the district 81 school superintendent only when all reasonable efforts to 82 resolve the nonattendance behavior are exhausted. 83 (

e) If the parent refuses to participate in the remedial 84 strategies because he or she believes that those strategies are 85 unnecessary or inappropriate, the parent may appeal to the 86 district school board. The district school board may provide a 87

Florida Senate - 2020 SB 588 19-00912-20 2020588__ Page 4 of 7 CODING: Words stricken are deletions; words underlined are additions. hearing officer, and the hearing officer shall make a 88 recommendation for final action to the district school board. If 89 the district school board’s final determination is that the 90 strategies of the child study team are appropriate, and the 91 parent still refuses to participate or cooperate, the district 92 school superintendent may seek criminal prosecution for 93 noncompliance with compulsory school attendance. 94 (f)1.

If the parent of a child who has been identified as 95 exhibiting a pattern of nonattendance enrolls the child in a 96 home education program pursuant to

chapter 1002, the district 97 school superintendent shall provide the parent a copy of s. 98 1002.41 and the accountability requirements of this paragraph. 99 The district school superintendent shall also refer the parent 100 to a home education review committee composed of the district 101 contact for home education programs and at least two home 102 educators selected by the parent from a district list of all 103 home educators who have conducted a home education program for 104 at least 3 years and who have indicated a willingness to serve 105 on the committee.

The home education review committee shall 106 review the portfolio of the student, as defined by s. 1002.41, 107 every 30 days during the district’s regular school terms until 108 the committee is satisfied that the home education program is in 109 compliance with s. 1002.41(1)(d). The first portfolio review 110 must occur within the first 30 calendar days of the 111 establishment of the program. The provisions of subparagraph 2. 112 do not apply once the committee determines the home education 113 program is in compliance with s. 1002.41(1)(d). 114 2.

If the parent fails to provide a portfolio to the 115 committee, the committee shall notify the district school 116

Florida Senate - 2020 SB 588 19-00912-20 2020588__ Page 5 of 7 CODING: Words stricken are deletions; words underlined are additions. superintendent. The district school superintendent shall then 117 terminate the home education program and require the parent to 118 enroll the child in an attendance option that meets the 119 definition of “regular school attendance” under s. 120 1003.01(13)(a), (b), (c), or (e), within 3 days.

Upon 121 termination of a home education program pursuant to this 122 subparagraph, the parent shall not be eligible to reenroll the 123 child in a home education program for 180 calendar days. Failure 124 of a parent to enroll the child in an attendance option as 125 required by this subparagraph after termination of the home 126 education program pursuant to this subparagraph shall constitute 127 noncompliance with the compulsory attendance requirements of s. 128 1003.21 and may result in criminal prosecution under s. 129 1003.27(2).

Nothing contained herein shall restrict the ability 130 of the district school superintendent, or the ability of his or 131 her designee, to review the portfolio pursuant to s. 132 1002.41(1)(e). 133 (

g) If a student subject to compulsory school attendance 134 will not comply with attempts to enforce school attendance, the 135 parent or the district school superintendent or his or her 136 designee shall refer the case to the case staffing committee 137 pursuant to s. 984.12, and the district school superintendent or 138 his or her designee may file a truancy petition pursuant to the 139 procedures in s. 984.151. 140

(2) GIVE WRITTEN NOTICE.— 141 (

a) Under the direction of the district school 142 superintendent, a designated school representative shall give 143 written notice that requires enrollment or attendance within 3 144 days after the date of notice, in person or by return-receipt 145

Florida Senate - 2020 SB 588 19-00912-20 2020588__ Page 6 of 7 CODING: Words stricken are deletions; words underlined are additions. mail, to the parent when no valid reason is found for a 146 student’s nonenrollment in school. If the notice and requirement 147 are ignored, the designated school representative shall report 148 the case to the district school superintendent, who may refer 149 the case to the child study team in paragraph (1)(

b) at the 150 school the student would be assigned according to district 151 school board attendance area policies or to the case staffing 152 committee, established pursuant to s. 984.12. The child study 153 team shall diligently facilitate intervention services and shall 154 report the case back to the district school superintendent only 155 when all reasonable efforts to resolve the nonenrollment 156 behavior are exhausted. If the parent still refuses to cooperate 157 or enroll the child in school, the district school 158 superintendent shall take such steps as are necessary to bring 159 criminal prosecution against the parent. 160 (

b) Subsequent to the activities required under subsection 161 (1), the district school superintendent or his or her designee 162 shall give written notice in person or by return-receipt mail to 163 the parent that criminal prosecution is being sought for 164 nonattendance. The district school superintendent may file a 165 truancy petition, as defined in s. 984.03, following the 166 procedures outlined in s. 984.151. 167

(3) RETURN STUDENT TO PARENT.—A designated school 168 representative may visit the home or place of residence of a 169 student and any other place in which he or she is likely to find 170 any student who is required to attend school when the student is 171 not enrolled or is absent from school during school hours 172 without an excuse, and, when the student is found, shall return 173 the student to his or her parent or to the principal or teacher 174

Florida Senate - 2020 SB 588 19-00912-20 2020588__ Page 7 of 7 CODING: Words stricken are deletions; words underlined are additions. in charge of the school, or to the private tutor from whom 175 absent, or to the juvenile assessment center or other location 176 established by the district school board to receive students who 177 are absent from school. Upon receipt of the student, the parent 178 shall be immediately notified. 179

(4) REPORT TO APPROPRIATE AUTHORITY.—A designated school 180 representative shall report to the appropriate authority 181 designated by law to receive such notices, all violations of the 182 Child Labor Law that may come to his or her knowledge. 183

(5) RIGHT TO INSPECT.—A designated school representative 184 shall have the right of access to, and inspection of, 185 establishments where minors may be employed or detained only for 186 the purpose of ascertaining whether students of compulsory 187 school age are actually employed there and are actually working 188 there regularly. The designated school representative shall, if 189 he or she finds unsatisfactory working conditions or violations 190 of the Child Labor Law, report his or her findings to the 191 appropriate authority. 192

Section 2. This act shall take effect July 1, 2020. 193