Notice of Proposed Rule

DEPARTMENT OF EDUCATION
State Board of Education
RULE NO: RULE TITLE
6A-1.044: Pupil Attendance Records
PURPOSE AND EFFECT: The purpose of this rule amendment is to delete from rule obsolete attendance forms and obsolete language relating to minimum time requirements.
SUMMARY: The rule provides for the checking and maintenance of student attendance and for the administration of student attendance policies.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 1001.02(1), 1003.01, 1003.23 FS.
LAW IMPLEMENTED: 1003.23 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: January 21, 2009, 8:30 a.m.
PLACE: Kenwood School, 9300 S.W. 79th Avenue, Miami, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lavan Dukes, Education Information and Accountability Services Section, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-1.044 Pupil Attendance Records.

(1) Pupil attendance records shall be maintained for any student enrolled in public schools who is earning high school credit as provided in Section 1003.436 232.2462, Florida Statutes, who is funded as provided in Chapter 1011236, Florida Statutes, and the Appropriations Act, or who is required to be in attendance by the compulsory attendance requirements as provided in Chapter 1003232, Florida Statutes.

(2) through (4) No change.

(5) For the purpose of compliance with this rule, a pupil shall be deemed to be in attendance if actually present at school, or away from school on a school day and engaged in an educational activity which constitutes a part of the school-approved instructional program for that pupil. Any such attendance must be in accordance with the minimum time requirements specified by Section 228.041(13), Florida Statutes.

(6) through (11) No change.

(12) 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; ESE 958 Adult Student Attendance Register; and ESE 982 Adult Student Attendance Roster 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 Technology, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

Specific Authority 1001.02(1), 1003.01, 1003.23 229.053(1), 232.02, 232.021, 232.022 FS. Law Implemented 1003.23 232.021, 232.022, 232.023 FS. History–New 2-20-71, Amended 9-17-71, 10-18-71, Revised 8-19-72, Amended 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,_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Jay Pfeiffer, Deputy Commissioner, Division of Accountability, Research, and Measurement
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dr. Eric J. Smith, Commissioner of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 8, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 12, 2008