Transcript PUBLIC SCHOOL LAW: The First Amendment and Free Speech

Practical Applications of
School Law:
Rights and Responsibilities of Students, Parents,
and Guardians per Florida Statues
Sylvana Gilmore
EDU 674
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)
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)
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.
Student Academic Progess
S. 1003.26 Enforcement of school attendanceThe 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)
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)
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)
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)
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 child’s
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
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)
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)
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.
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.
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.
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)
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)
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.
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
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 schoolattendance 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.
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
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?
Evaluative Questions
1. 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.1003.26Enforcement of school attendance)
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)
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)
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)
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)
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&inv
ol=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/