THE BILL ITSELF
SB 1190
Enforcement of School Attendance
Florida Senate - 2026 SB 1190 By Senator Rouson 16-00989-26 20261190__
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A bill to be entitled
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An act relating to enforcement of school attendance;
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amending s. 1003.26, F.S.; requiring district school
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boards to implement a mandatory alert system within
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specified systems or platforms to notify certain
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persons when a student reaches the truancy threshold
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for absences; amending ss. 984.151 and 1003.02, F.S.;
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conforming cross-references to changes made by the
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act; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Present paragraphs (b) through (h) of subsection
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(1) of section 1003.26, Florida Statutes, are redesignated as
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paragraphs (c) through (i), respectively, a new paragraph (b) is
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added to that subsection, and paragraph (a) of subsection (2) of
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that section is amended, to read:
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1003.26 Enforcement of school attendance.—The Legislature
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finds that poor academic performance is associated with
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nonattendance and that school districts must take an active role
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in promoting and enforcing attendance as a means of improving
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student performance. It is the policy of the state that each
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district school superintendent be responsible for enforcing
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school attendance of all students subject to the compulsory
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school age in the school district and supporting enforcement of
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school attendance by local law enforcement agencies. The
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responsibility includes recommending policies and procedures to
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the district school board that require public schools to respond
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in a timely manner to every unexcused absence, and every absence
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for which the reason is unknown, of students enrolled in the
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schools. District school board policies shall require the parent
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of a student to justify each absence of the student, and that
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justification will be evaluated based on adopted district school
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board policies that define excused and unexcused absences. The
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policies must provide that public schools track excused and
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unexcused absences and contact the home in the case of an
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unexcused absence from school, or an absence from school for
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which the reason is unknown, to prevent the development of
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patterns of nonattendance. The Legislature finds that early
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intervention in school attendance is the most effective way of
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producing good attendance habits that will lead to improved
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student learning and achievement. Each public school is required
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to implement the following steps to promote and enforce regular
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school attendance:
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(1) CONTACT, REFER, AND ENFORCE.—
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(b) To support the timely communication and intervention
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for students with absences, each district school board shall
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implement a mandatory electronic alert system within its data
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management system or educational platform to notify school
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administrators, the child study team, and a student’s parent
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when a student reaches the school district’s truancy threshold
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for absences.
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(2) GIVE WRITTEN NOTICE.—
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(a) Under the direction of the district school
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superintendent, a designated school representative must provide
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written notice in person or by return-receipt mail to the
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parent, requiring the child’s enrollment or attendance within 3
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days after the date of notice, when no valid reason is found for
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a student’s nonenrollment in school if the child is under
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compulsory education requirements, and is not exempt. If the
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child is not enrolled or in attendance in school within 3 days
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after the notice being provided, the designated school
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representative must report the case to the district school
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superintendent, who must refer the case to the child study team
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in paragraph (1)(c) (1)(b) at the school the student would be
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assigned according to district school board attendance area
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policies. In addition, the designated school representative may
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refer the case to the Department of Juvenile Justice’s
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authorized agent for families in need of services. The child
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study team must diligently facilitate intervention services and
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report the case back to the district school superintendent
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within 15 days after referral of the case if reasonable efforts
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to resolve the nonenrollment behavior have been made and the
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child is still not attending school. If the parent refuses to
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cooperate or enroll the child in school within 15 days after
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referral of the case to the child study team, the district
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school superintendent must make a report to law enforcement and
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refer the case to the Office of the State Attorney to bring
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criminal prosecution against the parent.
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Section 2. Subsection (1) of section 984.151, Florida
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Statutes, is amended to read:
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984.151 Early truancy intervention; truancy petition;
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judgment.—
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(1) If the school determines that a student subject to
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compulsory school attendance has had at least 5 five unexcused
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absences, or absences for which the reasons are unknown, within
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a calendar month or 10 unexcused absences, or absences for which
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the reasons are unknown, within a 90-calendar-day period
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pursuant to s. 1003.26(1)(c) s. 1003.26(1)(b) , or has had more
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than 15 unexcused absences in a 90-calendar-day period, the
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superintendent of schools or his or her designee may file a
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truancy petition seeking early truancy intervention.
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Section 3. Paragraph (b) of subsection (1) of section
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1003.02, Florida Statutes, is amended to read:
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1003.02 District school board operation and control of
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public K-12 education within the school district.—As provided in
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part II of chapter 1001, district school boards are
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constitutionally and statutorily charged with the operation and
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control of public K-12 education within their school districts.
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The district school boards must establish, organize, and operate
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their public K-12 schools and educational programs, employees,
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and facilities. Their responsibilities include staff
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development, public K-12 school student education including
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education for exceptional students and students in juvenile
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justice programs, special programs, adult education programs,
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and career education programs. Additionally, district school
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boards must:
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(1) Provide for the proper accounting for all students of
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school age, for the attendance and control of students at
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school, and for proper attention to health, safety, and other
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matters relating to the welfare of students in the following
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areas:
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(b) Enforcement of attendance laws.—Provide for the
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enforcement of all laws and rules relating to the attendance of
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students at school. District school boards are authorized to
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establish policies that allow accumulated unexcused tardies,
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regardless of when they occur during the school day, and early
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departures from school to be recorded as unexcused absences.
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District school boards are also authorized to establish policies
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that require referral to a school’s child study team for
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students who have fewer absences than the number required by s.
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1003.26(1)(c) s. 1003.26(1)(b) .
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Section 4. This act shall take effect July 1, 2026.