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c. 5. Include the State definition, as defined in law, for not attending school and attending school as specified in WIOA Section 129(a)(1)(B)(i) and Section 129(a)(1)(C)(i). If State law does not define “not attending school” or “attending school,” indicate that is the case and provide the state policy for determining whether a youth is attending or not attending school.

Current Narrative:

State's Definition for Not Attending School and Attending School

Chapter 1003.01(9)(c), defines dropout as a student who has withdrawn from school, but has not transferred to another public or private school or enrolled in any career, adult, home education, or alternative educational.

The state of Florida defines an out-of-school individual as one who is not younger than 16 or older than age 24 at the time of enrollment in a WIOA-funded youth program and who is not attending a regular or alternative school as an out-of-school youth. Youth within the specified age range who attend adult education or a General Education Development (GED) program are considered out-of-school youth. Out-of-school youth must meet the above requirements and be one of the following:

  • A school dropout;
  • A youth who is within the age of compulsory school attendance but has not attended school for at least the most recent complete school year calendar quarter. School year calendar quarter is based on how a local school district defines its school year quarters;
  • A recipient of a secondary school diploma or its recognized equivalent who is a low-income individual and is either basic skills deficient or an English language learner;
  • An individual who is subject to the juvenile or adult justice system;
  • A homeless individual (as defined in sec. 41403(6) of the Violence Against Women Act of 1994 (42 U.S.C. s. 14043e-2(6))), a homeless child or youth (as defined in sec. 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. s. 11434a(2))), a runaway, in foster care or has aged out of the foster care system, a child eligible for assistance under sec. 477 of the Social Security Act (42 U.S.C. s. 677), or a child in an out-of-home placement;
  • An individual who is pregnant or parenting;
  • An individual with a disability; or
  • A low-income individual who requires additional assistance to enter or complete an educational program or to secure or hold employment.

Chapter 1003.01(13), Florida Statutes defines “Regular school attendance” [as] the actual attendance of a student during the school day as defined by law and rules of the State Board of Education. Regular attendance within the intent of Chapter 1003.21, Florida Statutes may be achieved by attendance in:

(a) A public school supported by public funds;

(b) A parochial, religious, or denominational school;

(c) A private school supported in whole or in part by tuition charges or by endowments or gifts;

(d) A home education program that meets the requirements of chapter 1002; or

(e) A private tutoring program that meets the requirements of chapter 1002.

Florida defines in-school youth as a low-income individual who is not younger than age 14 or older than age 21 at the time of enrollment into a WIOA-funded youth program who is attending secondary or post-secondary school.

This definition includes youth, within the specified age range, attending Florida Virtual Schools and youth in Florida Department of Juvenile Justice (DJJ) youth facilities who do not have a high school diploma or GED. In-school youth must meet the above requirements and be one of the following:

  • Basic skills deficient;
  • An English language learner;
  • An offender;
  • A homeless individual (as defined in sec. 41403(6) of the Violence Against Women Act of 1994 (42 U.S.C. s. 14043e-2(6))), a homeless child or youth (as defined in sec. 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. s. 11434a(2))), a runaway, in foster care or has aged out of the foster care system, a child eligible for assistance under sec. 477 of the Social Security Act (42 U.S.C. s. 677), or a child in an out-of-home placement;
  • An individual who is pregnant or parenting;
  • An individual with a disability; or
  • An individual who requires additional assistance to enter or complete an educational program or to secure or hold employment.