Practical Applications of School Law: Rights and Responsibilities of Students, Parents, and Guardians per Florida Statues

1
Practical Applications of School LawRights 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
  students 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 courts
  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
  childs 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
  students parent from being responsible for the
  students 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
STUDENT PARENT
Attend class 180 days each school year Be responsible for their childs attendance and education as required by the law as well as being on time.
Request the make-up assignments for all excused absences/tardiness from teachers when returning to school or class within three (3) days Provide written statements that meet the criteria for the absence to be excused
Complete the make-up assignments for classes missed within the same number of days missed Failure to turn in the make-ups assignments will result in a low grade Aware and conscious of student request of make-up work and completion of the assignments
Must be counted as present in order to participate in extracurricular events Be present and on time for scheduled meetings with the Attendance Review Committee
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
  students 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 schools
  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
  districts 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 Childs 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 childs
  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 1What are some potential problematic areas
  for the student?
• TEAM 2What is the process and what actions
  should be put into place?

22
Evaluative Questions

1. When it comes to a students 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?Dept107
• 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?c
  ourtUSvol406invol205
• 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 Childs Absences. (2013,
  April 17). . Retrieved May 19, 2014, from
  http//flaglerlive.com/53198/criminal-truancy/