The amendment removes the section called “Pupil Attendance Records for COVID-19,” which applied to the 2021-2022 school year.

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.044Pupil Attendance Records

PURPOSE AND EFFECT: The amendment removes the section called “Pupil Attendance Records for COVID-19,” which applied to the 2021-2022 school year.

SUMMARY: Attendance records.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Based upon the nature of the changes, this proposed rule is not expected to have any adverse impact on economic growth, business competitiveness or any other factors listed in s. 120.541(2)(a), F.S., and will not require legislative ratification. No increase in regulatory costs are anticipated as a result of the rule changes.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 1001.02(1), (2)(n), 1003.23, F.S.

LAW IMPLEMENTED: 1003.23, F.S.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: March 27, 2024, 9:00 a.m.

PLACE: Winter Park High School, 2100 Summerfield Road, Winter Park, FL 32792.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Andrew Weatherill, Bureau of Exceptional Student Education, 325 West Gaines Street, Tallahassee, FL 32399-0400, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-1.044 Pupil Attendance Records.

(1) through (5) No change.

(6) Pupil Attendance Records for COVID-19. Where an asymptomatic student is under a quarantine order or is not physically present in school due to contact with, or the asymptomatic contraction of, COVID-19, the student shall be considered under a stay-home directive due to contact tracing protocols. For the 2021-2022 school year, a student under a stay-home directive may only be considered in attendance for up to ten (10) days if the following criteria are met:

(a) The district has adopted procedures to continue the education of the student during the stay-home directive;

(b) These procedures rely upon continuing the student’s access to assignments and curriculum the student would be receiving were the student was physically present in school; and

(c) Instructional personnel or administrative personnel, as defined in Section 1012.01, F.S., must be available to assist the student with assignments and curriculum during the stay-home directive.

(6) (7) For the purpose of recording attendance, attendance of pupils shall be reported as follows:

(a) through (d) No change.

(7) (8) The Automated Student Attendance Recordkeeping System shall be retained at the school or district level as directed by the superintendent of schools.

(8) (9) The district school board is authorized to destroy the records contained in or produced from the Automated Student Attendance Recordkeeping System after three (3) years or the completion of an audit by the state audit agency, whichever period is longer, provided that the district shall comply with the legislative intent of Chapter 257, F.S., as expressed in Section 257.37, F.S., and shall permanently preserve attendance information for each pupil as required by Rule 6A-1.0955, F.A.C. Attendance information must be permanently preserved for pupils not covered by Rule 6A-1.0955, F.A.C.

(9) (10) The principal shall be responsible for the administration of attendance policies and procedures and for the accurate reporting of attendance in the school under his or her direction. The principal shall assure that all teachers and clerks are instructed in the proper recording of attendance, and it shall be his or her duty to see that such instructions are followed. The principal or designee shall inspect and determine the completeness and accuracy of the records contained in the Automated Student Attendance Recordkeeping System for each of the required full-time equivalent student membership periods. At the end of each school year the principal or designee shall certify the completeness and accuracy of the automated attendance records indicating that all attendance records have been kept as prescribed by law and rules of the State Board. The method used to certify the records is based on internal district procedures. The automated student attendance records shall be readily accessible in a form prescribed in subsection (12) of this rule for state auditing and monitoring purposes. An attendance record containing any material inaccuracies, resulting from willful or intentional falsification of data by or for the principal, shall be considered a false report for which the principal shall be subject to penalties as provided by law.

(10) (11) For FTE auditing purposes, if the principal or designee failed to sign an attendance record or report, a signed and dated certified statement from the principal or designee identifying that the record was the record used to report attendance for a particular school year, that the record has not been changed since that time, and that attendance was reported as prescribed by law and rules of the State Board may be substituted for the lack of an original signature. If neither the principal nor designee is an employee of the school district when the absence of a signature on an attendance record is discovered, the superintendent or designee may sign the certified statement. If attendance records are incomplete as to verification of full-time equivalent student membership for funding purposes prior to July 1, 2001, other records maintained by the school district may be used to verify membership provided a signed and dated certified statement is appropriately attached as provided in this subsection.

(11) (12) The Automated Student Attendance Recordkeeping System shall be prima facie evidence of the facts which it is required to show.

(12) (13) Forms ESE 950 Automated Individual Student Attendance Record, Grades PK-12; ESE 953 Automated Individual Student Attendance by Period Record, Grades 9-12; ESE 954 Automated Individual Student Attendance by Period Summary, Grades 9-12 and ESE 981 Automated Student Attendance by Period Summary, Grades 9-12; ESE 955, Automated Multi-Day Student Attendance Register, Grades PK-12; ESE 956, Automated Multi-Day Student Attendance by Period, Grades 9-12; ESE 957, Automated Multi-Day Adult Student Attendance Register; are hereby incorporated by reference and made a part of this rule to become effective November 2002. These forms may be obtained from Education Information and Accountability Services, Division of Accountability, Research and Measurement, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

Rulemaking Authority 1001.02(1)(2)(n), 1003.01, 1003.23 FS. Law Implemented 1003.23 FS. History–New 2-20-71, Amended 9-17-71, 10-18-71, 8-19-72, 11-18-72, Repromulgated 12-5-74, Formerly 6A-1.44, Amended 9-16-87, 1-11-88, 7-5-89, 10-3-91, 11-26-02, 2-25-09, 11-23-21,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Andrew Weatherill, Bureau of Exceptional Student Education.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Manny Diaz Jr., Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 01, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 26, 2023