December 03, 2016
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The Florida Statutes

The 2001 Florida Statutes

Title XVI
Education
Chapter 232
Compulsory School Attendance; Child Welfare
View Entire Chapter
Section 232.01, Florida Statutes 2001

232.01  School attendance.--

(1)(a)1.  All children who have attained the age of 6 years or who will have attained the age of 6 years by February 1 of any school year or who are older than 6 years of age but who have not attained the age of 16 years, except as hereinafter provided, are required to attend school regularly during the entire school term.

2.  Children who will have attained the age of 5 years on or before September 1 of the school year are eligible for admission to public kindergartens during that school year under rules prescribed by the school board.

(b)  Any child who has attained the age of 6 years on or before September 1 of the school year and who has been enrolled in a public school or who has attained the age of 6 years on or before September 1 and has satisfactorily completed the requirements for kindergarten in a nonpublic school from which the district school board accepts transfer of academic credit, or who otherwise meets the criteria for admission or transfer in a manner similar to that applicable to other grades, shall progress according to the district's pupil progression plan. However, nothing in this section shall authorize the state or any school district to oversee or exercise control over the curricula or academic programs of nonpublic schools or home education programs.

(c)  A child who attains the age of 16 years during the school year is not subject to compulsory school attendance beyond the date upon which he or she attains that age if the child files a formal declaration of intent to terminate school enrollment with the district school board. The declaration must acknowledge that terminating school enrollment is likely to reduce the student's earning potential and must be signed by the child and the child's parent or legal guardian. The school district must notify the child's parent or legal guardian of receipt of the child's declaration of intent to terminate school enrollment. A child who attains the age of 18 years during the school year is not subject to compulsory school attendance beyond the date upon which he or she attains that age.

(d)  Students who become or have become married and students who are pregnant shall not be prohibited from attending school. These students and students who are parents shall receive the same educational instruction or its equivalent as other students, but may voluntarily be assigned to a class or program suited to their special needs. Consistent with s. 230.23166, pregnant or parenting teens shall be entitled to participate in a teenage parent program. Pregnant students may attend alternative education programs or adult education programs, provided that the curriculum allows the student to continue to work toward a high school diploma.

(e)  Beginning with the 1991-1992 school year and consistent with rules adopted by the commissioner, children with disabilities who have attained the age of 3 years shall be eligible for admission to public special education programs and for related services under rules adopted by the school board. Exceptional children who are deaf or hard of hearing, visually impaired, dual sensory impaired, severely physically handicapped, trainable mentally handicapped, or profoundly handicapped, or who have established conditions, or exhibit developmental delays, below age 3 may be eligible for special programs; or, if enrolled in other prekindergarten or day care programs, they may be eligible for supplemental instruction. Rules for the identification of established conditions for children birth through 2 years of age and developmental delays for children birth through 5 years of age must be adopted by the Commissioner of Education.

(f)  Homeless children, as defined in s. 228.041, must have access to a free public education and must be admitted to school in the school district in which they or their families live. School districts shall assist homeless children to meet the requirements of ss. 232.03, 232.0315, and 232.032, as well as local requirements for documentation.

(2)  The Commissioner of Education may adopt rules under which pupils not meeting the entrance age may be transferred from another state if their parents or guardians have been legal residents of that state.

History.--s. 601, ch. 19355, 1939; CGL 1940 Supp. 892(172); s. 24, ch. 23726, 1947; s. 1, ch. 59-419; ss. 1, 2, ch. 59-412; s. 7, ch. 61-288; s. 69, ch. 65-239; s. 1, ch. 67-3; s. 8, ch. 67-387; s. 8, ch. 68-24; s. 1, ch. 69-300; ss. 1, 2, ch. 71-21; s. 3, ch. 71-193; s. 1, ch. 73-261; s. 1, ch. 73-265; s. 27, ch. 73-345; s. 3, ch. 74-238; ss. 8, 12, ch. 79-288; s. 1, ch. 80-21; s. 2, ch. 81-150; s. 4, ch. 82-138; s. 9, ch. 85-109; s. 4, ch. 89-101; s. 2, ch. 89-304; s. 17, ch. 89-379; s. 4, ch. 90-288; s. 29, ch. 91-105; s. 5, ch. 91-266; s. 5, ch. 93-198; s. 130, ch. 94-209; s. 60, ch. 94-232; s. 5, ch. 94-303; s. 1539, ch. 95-147; ss. 17, 115, ch. 97-190; s. 3, ch. 97-234; s. 3, ch. 98-272; s. 23, ch. 2001-170.

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