Sylvana Gilmore EDU 674

1. Practical Applications of School Law:Rights and Responsibilities of Students, Parents, and Guardians per Florida Statues Sylvana Gilmore EDU 674

2. Truancy Florida law defines "habitual truant" as a student who has 15 or more unexcused absences within 90 calendar days with or without the knowledge or consent of the student's parent or guardian, and who is subject to compulsory school attendance. (Florida Department of Education, Attendance and Enrollment)

3. Notification S.1003.29 Notice to schools of court action.- If a court takes action that directly involves a student’s school, including, but not limited to, an order that a student attend school, attend school with his or her parent, perform at grade level, or perform community service hours at the school, the office of the clerk of the court shall provide notice to the school of the court’s action. (Florida Statutes K-20 Education Code)

4. Due Process “ATTENDANCE - CHAPTER 6Gx13- 5A” of the School Board Rules of Miami-Dade County concludes the following: A student cannot be deprived of an education without due process of the law guaranteed by the Fourteenth Amendment to the Constitution of the United States of America. Enrollment in a public school does not signify a waiver of the student's constitutional rights. It is essential that school administrators be aware that upon initiating disciplinary proceedings against a student they must proceed in a fixed order. A fair hearing procedure must be afforded the student in any type of action which may result in a change in program assignment, school suspension, or expulsion.

5. Student Academic Progess • S. 1003.26 Enforcement of school attendance- The Legislature finds that poor academic performance is associated with nonattendance and that school districts must take an active role in promoting and enforcing attendance as a means of improving student performance…(Florida Statutes K-20 Education Code)

6. Student Academic Improvement Plan As mentioned in, S. 1118 Parental Involvement, both parents and the school share the responsibility for the students and the students improved academic achievement through a compact. Monitoring attendance is a part of the state standards. (The U.S. Department of Education)

7. State Responsibilities & Rights of a Parent S.1003.24 Parents responsible for attendance of children- Each parent of a child within the compulsory attendance age is responsible for the child’s school attendance as required by law. The absence of a student from school is prima facie evidence of a violation of this section; however criminal prosecution under this chapter may not be brought against a parent until the provisions of s.1003.26 have been complied with. (Florida Statutes K-20 Education Code)

8. Conditions that Exempt Parent Responsibility According to S.1003.24, the following omits a student’s parent from being responsible for the student’s nonattendance at school: • (1) WITH PERMISSION- permitted by principal • (2) WITHOUT KNOWLEDGE- parent was unaware • (3) FINANCIAL INABILITY- financial difficulty reported in writing to the superintendent • (4) SICKNESS, INJURY, OR OTHERINSURMONTABLE CONDITION- must provide a written statement by licensed physician per rules of the State Board of Education. (Florida Statutes K-20 Education Code)

9. The School Board of Miami-Dade County Bylaws & Policies: Responsibilities of Students and Parents

10. District School Board Attendance Policy S.1003.24 allows each district to establish the required number of absences and tardies to be permitted. Schools must keep records on file when the absences reach the maximum absences and/or tardies. Each school is responsible for determining whether the absence meets the criteria to be excused per the district school board. (Florida Department of Education, Attendance and Enrollment)

11. The School Board of Miami-Dade County Bylaws & Policies 5200-ATTENDANCE • Follows the parent and student responsibility for attendance. • After accumulating ten or more unexcused absences in a fiscal school year or five in a semester is candidate for withholding completion of courses. • However, unexcused absences do not meet criteria to be able to suspend a student from school. Detentions and referral to an alternate means for schooling are permissible. (The School Board Rules of Miami-Dade County, 2011)

12. Truancy Procedures Per S.1003.26- Each public school shall implement the following steps to promote and enforce regular school attendance: • (1) CONTACT, REFER, AND ENFORCE.- • (a) upon each unexcused absence the school should have a system in place for contacting the student’s to find the reason for the absence. If the absence is excused opportunities to make-up any assignments missed shall be given.

13. Truancy Procedures Cont. (b) Once a student has reached the minimum of five unexcused absences in a calendar month or ten unexcused absences within a 90-calendar day period, the teacher must report the circumstances to the principal. The principal then must see the evidence and refer the case over to the school’s study team to assess if it is a premature case of truancy. Whether the absences are excused or not a meeting with the parent must be scheduled, and the principal should notice the district school superintendent and the school district contact in order to recommend home education programs.

14. Truancy Procedures Cont. (c) If for some reason the meeting that was held with the child study team than the following should take place: • 1. frequent communication between the teacher and family. • 2. Consideration of alternate programs for education. • 3. A contract for attendance The child study team is also bares the right to refer the case to an agency for family services and even put in a recommendation for filing a truancy petition pursuant to s. 984.151.

15. Truancy Procedures Cont. • (d) once the study team has done everything in their power the case shall be reported to the district school superintendent (e) If the parent disagrees with the recommendations of the child study team, the parent may appeal to the district school board. A hearing officer shall make a recommendation for the final action to the district school board. If found, by the district school board that the child study team are fitting and the parent continues to disagree and not adhere to the policy, the district superintendent may acquire criminal prosecution for refusal of compliance with the compulsory school attendance. (Florida Statutes K-20 Education Code)

16. Parens Patriae • Allows the state to act upon reasonable laws for the protection of its citizens or the state. • Parents run risk of facing criminal charges or civil suits for noncompliance of the compulsory school attendance laws. (Public School Law, 2014, p.59)

17. State of Florida v. Andre Javan Darby • truancy case in Florida in which Darby did not adhere to the Florida attendance law by not enrolling his three children to school back in 2011 • Notices were sent to the parent as well as warnings of the severity of the matter. Eventually, leading up to a court hearing for truancy.

18. State of Florida v. Andre Javan Darby Cont. • “In October 2012, the case was referred to the district’s truancy coordinator for review. And a second-degree misdemeanor charge was filed against Darby. (A second degree misdemeanor carries a maximum penalty of 60 days in jail.)” (Truancy to Criminal Charge: Flagler Schools Take Parent to Court Over Child’s Absences, 2013) • Darby has since then enrolled his children but the charges were not dropped due to the severity of the case and the lack of attention of warnings and notices. • Ruling: A deferred prosecution is still pending

19. WISCONSIN v. YODER, 406 U.S. 205 (1972) • members of the Old Order Amish religion and the Conservative Amish Mennonite Church were convicted of violating the State's compulsory school-attendance law. • They claimed the conviction was invalid under the Free Exercise Clause of the First Amendment to the United States Constitution made applicable to the States by the Fourteenth Amendment.

20. Truancy Recap • A student with15 unexcused absences or more in a 90 calendar day period is defined as a “habitual truant.” • Parents are responsible for their child’s attendance and education as required by the law as well as taking them to school on time. • Truancy does not give grounds for suspension • The only exception to law pertaining to truancy is the landmark case: Wisconsin v. Yoder

21. Case Scenario Alexis is a nine year old in the fourth grade. Alexis has a total of 47 absences in the school year. Alexis is constantly bringing in notes of being ill and out of the 47 absences 34 of them are unexcused. TEAM 1:What are some potential problematic areas for the student? TEAM 2:What is the process and what actions should be put into place?

22. Evaluative Questions • When it comes to a student’s attendance only the parent is responsible. FALSE The student, parent, and school are responsible for promoting and enforcing school attendance (S.1003.26- Enforcement of school attendance)

23. Evaluative Questions 2. Each district is allowed to establish the required number of absences and tardies to be permitted. TRUE S.1003.24 allows each district to establish the required number of absences and tardies to be permitted. (Florida Statutes K-20 Education Code)

24. Evaluative Questions 3. How many unexcused absences from school within a ninety (90) calendar day period to consider a student a, “habitual truant?” 15 “Florida law defines ‘habitual truant’ as a student who has 15 or more unexcused absences within 90 calendar days with or without the knowledge or consent of the student's parent or guardian, and who is subject to compulsory school attendance.” (Florida Statutes K-20 Education Code)

25. Evaluative Questions 4. Can a student be suspended from school due to unexcused absences? NO “Unexcused absences shall not be grounds of suspension from school but may result in detention or placement in existing alternative programs.” (The Board of Miami-Dade County Bylaws & Policies, 5200-ATTENDANCE, 2011, pg.3)

26. Solutions & Preventions S.1003.26 Enforcement of school attendance- … The legislature finds that early intervention in school attendance is the most effective way of producing good attendance habits that will lead to improved student learning and achievement. (Florida Statutes K-20 Education Code)

27. References • Florida Department of Education. (n.d.). FLDOE Home. Retrieved May 16, 2014, from http://www.fldoe.org/faq/default.asp?Dept=107 • McCarthy, M., Cambron-McCabe, N., & Eckes, S. (2014). Public School Law: Teachers’ and students’ rights (7th edition), NJ: Pearson Education Inc. • FindLaw | Cases and Codes. (n.d.). FindLaw | Cases and Codes. Retrieved May 23, 2014, from http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=406&invol=205 • The Florida Senate. (2013, July 1). 2013 Florida Statutes -. Retrieved May 16, 2014, from http://www.flsenate.gov/Laws/Statutes/2013/Title48/#Title48 • The School Board of Miami-Dade County. (n.d.). The School Board of Miami-Dade County. Retrieved May 18, 2014, from http://www.neola.com/miamidade-fl/ • Truancy to Criminal Charge: Flagler Schools Take Parent to Court Over Child’s Absences. (2013, April 17). . Retrieved May 19, 2014, from http://flaglerlive.com/53198/criminal-truancy/