Florida Senate - 2009                             CS for SB 1128
       
       
       
       By the Committee on Education Pre-K - 12; and Senators Rich,
       Dean, and Wilson
       
       
       
       581-03020-09                                          20091128c1
    1                        A bill to be entitled                      
    2         An act relating to education for children in shelter
    3         care or foster care and exceptional students; amending
    4         s. 39.0016, F.S.; defining the term “surrogate
    5         parent”; providing legislative intent; providing
    6         conditions for the district superintendent or court to
    7         appoint a surrogate parent for purposes of educational
    8         decisionmaking for a child who has or is suspected of
    9         having a disability; amending s. 39.202, F.S.;
   10         providing for access to certain records to liaisons
   11         between school districts and the Department of
   12         Children and Family Services; amending s. 39.402,
   13         F.S.; requiring access to a child’s medical records
   14         and educational records if a child is placed in a
   15         shelter; amending s. 39.701, F.S.; requiring the court
   16         and citizen review panel in judicial reviews to
   17         consider testimony by a surrogate parent for
   18         educational decisionmaking; providing for additional
   19         deliberations relating to appointment of an
   20         educational decisionmaker; requiring certain
   21         documentation relating to the educational setting;
   22         amending s. 1003.21, F.S.; providing access to free
   23         public education for children known to the department;
   24         authorizing a temporary exemption relating to school
   25         attendance; amending s. 1003.22, F.S.; authorizing a
   26         temporary exemption from school-entry health
   27         examinations for children known to the department;
   28         amending s. 1003.57, F.S.; providing definitions;
   29         requiring the Department of Children and Family
   30         Services, the Agency for Health Care Administration,
   31         and residential facilities licensed by the Agency for
   32         Persons with Disabilities to notify certain school
   33         districts following the placement of an exceptional
   34         student in a private residential care facility;
   35         requiring review of the student’s individual
   36         educational plan; providing for determining
   37         responsibility for educational instruction; requiring
   38         the school district to report the student for funding
   39         purposes; requiring the Department of Education, in
   40         consultation with specified agencies, to develop
   41         procedures for the placement of students in
   42         residential care facilities; requiring the State Board
   43         of Education to adopt rules; requiring certain
   44         agencies to implement procedures; requiring a
   45         cooperative agreement between school districts;
   46         providing an exception; providing an effective date.
   47  
   48  Be It Enacted by the Legislature of the State of Florida:
   49  
   50         Section 1. Section 39.0016, Florida Statutes, is amended to
   51  read:
   52         39.0016 Education of abused, neglected, and abandoned
   53  children; agency agreements; children having or suspected of
   54  having a disability.—
   55         (1) DEFINITIONS.—As used in this section, the term:
   56         (a) “Children known to the department” means children who
   57  are found to be dependent or children in shelter care.
   58         (b) “Department” means the Department of Children and
   59  Family Services or a community-based care lead agency acting on
   60  behalf of the Department of Children and Family Services, as
   61  appropriate.
   62         (c)“Surrogate parent” means an individual appointed to act
   63  in the place of a parent in educational decisionmaking and in
   64  safeguarding a child’s rights under the Individuals with
   65  Disabilities Education Act and this section.
   66         (2)The provisions of this section establish goals and not
   67  rights. This section does not require the delivery of any
   68  particular service or level of service in excess of existing
   69  appropriations. A person may not maintain a cause of action
   70  against the state or any of its subdivisions, agencies,
   71  contractors, subcontractors, or agents based upon this section
   72  becoming law or failure by the Legislature to provide adequate
   73  funding for the achievement of these goals. This section does
   74  not require the expenditure of funds to meet the goals
   75  established in this section except funds specifically
   76  appropriated for such purpose.
   77         (2)AGENCY AGREEMENTS.—
   78         (a)(3) The department shall enter into an agreement with
   79  the Department of Education regarding the education and related
   80  care of children known to the department. Such agreement shall
   81  be designed to provide educational access to children known to
   82  the department for the purpose of facilitating the delivery of
   83  services or programs to children known to the department. The
   84  agreement shall avoid duplication of services or programs and
   85  shall provide for combining resources to maximize the
   86  availability or delivery of services or programs.
   87         (b)(4) The department shall enter into agreements with
   88  district school boards or other local educational entities
   89  regarding education and related services for children known to
   90  the department who are of school age and children known to the
   91  department who are younger than school age but who would
   92  otherwise qualify for services from the district school board.
   93  Such agreements shall include, but are not limited to:
   94         1.(a) A requirement that the department shall:
   95         a.1. Enroll children known to the department in school. The
   96  agreement shall provide for continuing the enrollment of a child
   97  known to the department at the same school, if possible, with
   98  the goal of avoiding disruption of education.
   99         b.2. Notify the school and school district in which a child
  100  known to the department is enrolled of the name and phone number
  101  of the child known to the department caregiver and caseworker
  102  for child safety purposes.
  103         c.3. Establish a protocol for the department to share
  104  information about a child known to the department with the
  105  school district, consistent with the Family Educational Rights
  106  and Privacy Act, since the sharing of information will assist
  107  each agency in obtaining education and related services for the
  108  benefit of the child.
  109         d.4. Notify the school district of the department’s case
  110  planning for a child known to the department, both at the time
  111  of plan development and plan review. Within the plan development
  112  or review process, the school district may provide information
  113  regarding the child known to the department if the school
  114  district deems it desirable and appropriate.
  115         2.(b) A requirement that the district school board shall:
  116         a.1. Provide the department with a general listing of the
  117  services and information available from the district school
  118  board, including, but not limited to, the current Sunshine State
  119  Standards, the Surrogate Parent Training Manual, and other
  120  resources accessible through the Department of Education or
  121  local school districts to facilitate educational access for a
  122  child known to the department.
  123         b.2. Identify all educational and other services provided
  124  by the school and school district which the school district
  125  believes are reasonably necessary to meet the educational needs
  126  of a child known to the department.
  127         c.3. Determine whether transportation is available for a
  128  child known to the department when such transportation will
  129  avoid a change in school assignment due to a change in
  130  residential placement. Recognizing that continued enrollment in
  131  the same school throughout the time the child known to the
  132  department is in out-of-home care is preferable unless
  133  enrollment in the same school would be unsafe or otherwise
  134  impractical, the department, the district school board, and the
  135  Department of Education shall assess the availability of
  136  federal, charitable, or grant funding for such transportation.
  137         d.4. Provide individualized student intervention or an
  138  individual educational plan when a determination has been made
  139  through legally appropriate criteria that intervention services
  140  are required. The intervention or individual educational plan
  141  must include strategies to enable the child known to the
  142  department to maximize the attainment of educational goals.
  143         3.(c) A requirement that the department and the district
  144  school board shall cooperate in accessing the services and
  145  supports needed for a child known to the department who has or
  146  is suspected of having a disability to receive an appropriate
  147  education consistent with the Individuals with Disabilities
  148  Education Act and state implementing laws, rules, and
  149  assurances. Coordination of services for a child known to the
  150  department who has or is suspected of having a disability may
  151  include:
  152         a.1. Referral for screening.
  153         b.2. Sharing of evaluations between the school district and
  154  the department where appropriate.
  155         c.3. Provision of education and related services
  156  appropriate for the needs and abilities of the child known to
  157  the department.
  158         d.4. Coordination of services and plans between the school
  159  and the residential setting to avoid duplication or conflicting
  160  service plans.
  161         e.5. Appointment of a surrogate parent, consistent with the
  162  Individuals with Disabilities Education Act and pursuant to
  163  subsection (3), for educational purposes for a child known to
  164  the department who qualifies as soon as the child is determined
  165  to be dependent and without a parent to act for the child. The
  166  surrogate parent shall be appointed by the school district
  167  without regard to where the child known to the department is
  168  placed so that one surrogate parent can follow the education of
  169  the child known to the department during his or her entire time
  170  in state custody.
  171         f.6. For each child known to the department 14 years of age
  172  and older, transition planning by the department and all
  173  providers, including the department’s independent living program
  174  staff, to meet the requirements of the local school district for
  175  educational purposes.
  176         (c)This subsection establishes standards and not rights.
  177  This subsection does not require the delivery of any particular
  178  service or level of service in excess of existing
  179  appropriations. A person may not maintain a cause of action
  180  against the state or any of its subdivisions, agencies,
  181  contractors, subcontractors, or agents based upon this
  182  subsection becoming law or failure by the Legislature to provide
  183  adequate funding for the achievement of these standards. This
  184  subsection does not require the expenditure of funds to meet the
  185  standards established in this subsection except funds
  186  specifically appropriated for such purpose.
  187         (3)CHILDREN HAVING OR SUSPECTED OF HAVING A DISABILITY.—
  188         (a)1.The Legislature finds that disability is a natural
  189  part of the human experience and in no way diminishes the right
  190  of individuals to participate in or contribute to society.
  191  Improving educational results for children with disabilities is
  192  an essential element of our public policy of ensuring equality
  193  of opportunity, full participation, independent living, and
  194  economic self-sufficiency for individuals with disabilities.
  195         2.The Legislature also finds that research and experience
  196  have shown that the education of children with disabilities can
  197  be made more effective by:
  198         a.Having high expectations for these children and ensuring
  199  their access to the general education curriculum in the regular
  200  classroom, to the maximum extent possible.
  201         b.Providing appropriate exceptional student education,
  202  related services, and aids and supports in the least restrictive
  203  environment appropriate for these children.
  204         c.Having a trained, interested, and consistent educational
  205  decisionmaker for the child when the parent is determined to be
  206  legally unavailable or when the foster parent is unwilling, has
  207  no significant relationship with the child, or is not trained in
  208  the exceptional student education process.
  209         3.It is, therefore, the intent of the Legislature that all
  210  children with disabilities known to the department, consistent
  211  with the Individuals with Disabilities Education Act, have
  212  available to them a free, appropriate public education that
  213  emphasizes exceptional student education and related services
  214  designed to meet their unique needs and prepare them for further
  215  education, employment, and independent living and that the
  216  rights of children with disabilities are protected.
  217         (b)1.Each district superintendent or dependency court must
  218  appoint a surrogate parent for a child known to the department
  219  who has or is suspected of having a disability, as defined in s.
  220  1003.01(3), when:
  221         a.After reasonable efforts, no parent can be located; or
  222         b.A court of competent jurisdiction over a child has
  223  determined that no person has the authority under the
  224  Individuals with Disabilities Education Act or that no person
  225  having such authority is willing or able to serve as the
  226  educational decisionmaker for the child.
  227         2.The dependency court may appoint a surrogate parent for
  228  any child who is under its jurisdiction. A surrogate parent
  229  appointed by the court must be at least 18 years old. The court
  230  may not appoint an employee of the Department of Education, the
  231  local school district, a community-based care provider, the
  232  Department of Children and Family Services, or any other public
  233  or private agency involved in the education or care of the
  234  child, since appointment of those persons is prohibited by
  235  federal law. However, a person who acts in a parental role to a
  236  child, such as a foster parent or relative caregiver, is not
  237  prohibited from serving as a surrogate parent if employed by
  238  such agency, willing to serve, and knowledgeable about the child
  239  and about the exceptional student education process. Group home
  240  staff and therapeutic foster home parents may not be appointed.
  241  The surrogate parent may be a court-appointed guardian ad litem,
  242  a relative, or other adult involved in the child’s life
  243  regardless of whether that person has physical custody of the
  244  child.
  245         3.The district superintendent must accept the appointment
  246  of the court or must appoint a surrogate parent within 30 days
  247  after notice that the child meets the criteria in this paragraph
  248  and no court appointment has been made.
  249         4.A surrogate parent appointed by the district
  250  superintendent must be accepted by any subsequent school without
  251  regard to where the child is receiving residential care so that
  252  a single surrogate parent can follow the education of the child
  253  during his or her entire time in state custody.
  254         5.For a child known to the department, the responsibility
  255  to appoint a surrogate parent resides with both the district
  256  superintendent and the court that has jurisdiction over the
  257  child. If the court elects to appoint a surrogate parent, notice
  258  shall be provided as soon as practicable to the child’s school.
  259  At any time that the court determines that it is in the best
  260  interests of a child to remove a surrogate parent, the court may
  261  appoint a new surrogate parent for educational decisionmaking
  262  purposes for that child.
  263         6.The surrogate parent shall continue in the appointed
  264  role until one of the following circumstances occurs:
  265         a.The child is determined to no longer be eligible or in
  266  need of special programs, except when termination of special
  267  programs is being contested;
  268         b.The child achieves permanency through adoption or legal
  269  guardianship and is no longer in the custody of the department;
  270         c.The parent who was previously unknown becomes known or
  271  whose whereabouts were unknown is located or who was unavailable
  272  and is determined by the court to be available;
  273         d.The appointed surrogate no longer wishes to represent
  274  the child or is unable to represent the child;
  275         e.The superintendent of the school the child is attending
  276  or the Department of Education contract designee or the court
  277  that appointed the surrogate determines that the appointed
  278  surrogate parent no longer adequately represents the child; or
  279         f.The child moves to a geographic location that is not
  280  reasonably accessible to the appointed surrogate.
  281         7.The appointment and termination of a surrogate under
  282  this section must be entered as an order of the court, with a
  283  copy of the order provided to the child’s school as soon as
  284  practicable.
  285         8.The person appointed as a surrogate parent under this
  286  section must:
  287         a.Be acquainted with the child and become knowledgeable
  288  about his or her disability and educational needs;
  289         b.Represent the child in all matters relating to the
  290  identification, evaluation, and educational placement of the
  291  provision of a free and appropriate education to the child; and
  292         c.Represent the interests and safeguard the rights of the
  293  child in educational decisions that affect the child.
  294         9.The responsibilities of the person appointed as a
  295  surrogate parent do not extend to the care, maintenance,
  296  custody, residential placement, or any other matter not
  297  specifically related to the education of the child unless the
  298  same person is appointed by the court for other purposes.
  299         10.A person appointed as a surrogate parent enjoys all of
  300  the procedural safeguards afforded a parent with respect to the
  301  identification, evaluation, and educational placement of a
  302  student with a disability or a student who is suspected of
  303  having a disability.
  304         11.A person appointed as a surrogate parent may not be
  305  held liable for actions taken in good faith on behalf of the
  306  student in protecting the special education rights of the child.
  307         (4)(5)TRAINING.—The department shall incorporate an
  308  education component into all training programs of the department
  309  regarding children known to the department. Such training shall
  310  be coordinated with the Department of Education and the local
  311  school districts. The department shall offer opportunities for
  312  education personnel to participate in such training. Such
  313  coordination shall include, but not be limited to, notice of
  314  training sessions, opportunities to purchase training materials,
  315  proposals to avoid duplication of services by offering joint
  316  training, and incorporation of materials available from the
  317  Department of Education and local school districts into the
  318  department training when appropriate. The department training
  319  components shall include:
  320         (a) Training for surrogate parents to include how an
  321  ability to learn of a child known to the department is affected
  322  by abuse, abandonment, neglect, and removal from the home.
  323         (b) Training for parents in cases in which reunification is
  324  the goal, or for preadoptive parents when adoption is the goal,
  325  so that such parents learn how to access the services the child
  326  known to the department needs and the importance of their
  327  involvement in the education of the child known to the
  328  department.
  329         (c) Training for caseworkers and foster parents to include
  330  information on the right of the child known to the department to
  331  an education, the role of an education in the development and
  332  adjustment of a child known to the department, the proper ways
  333  to access education and related services for the child known to
  334  the department, and the importance and strategies for parental
  335  involvement in education for the success of the child known to
  336  the department.
  337         (d) Training of caseworkers regarding the services and
  338  information available through the Department of Education and
  339  local school districts, including, but not limited to, the
  340  current Sunshine State Standards, the Surrogate Parent Training
  341  Manual, and other resources accessible through the Department of
  342  Education or local school districts to facilitate educational
  343  access for a child known to the department.
  344         Section 2. Paragraph (p) of subsection (2) of section
  345  39.202, Florida Statutes, is amended to read:
  346         39.202 Confidentiality of reports and records in cases of
  347  child abuse or neglect.—
  348         (2) Except as provided in subsection (4), access to such
  349  records, excluding the name of the reporter which shall be
  350  released only as provided in subsection (5), shall be granted
  351  only to the following persons, officials, and agencies:
  352         (p) An employee of the local school district who is
  353  designated as a liaison between the school district and the
  354  department pursuant to an interagency agreement required under
  355  s. 39.0016 and the principal of a public school, private school,
  356  or charter school where the child is a student. Information
  357  contained in the records which the liaison or the principal
  358  determines are necessary for a school employee to effectively
  359  provide a student with educational services may be released to
  360  that employee.
  361         Section 3. Subsection (11) of section 39.402, Florida
  362  Statutes, is amended to read:
  363         39.402 Placement in a shelter.—
  364         (11)(a) If a child is placed in a shelter pursuant to a
  365  court order following a shelter hearing, the court shall require
  366  in the shelter hearing order that the parents of the child, or
  367  the guardian of the child’s estate, if possessed of assets which
  368  under law may be disbursed for the care, support, and
  369  maintenance of the child, to pay, to the department or
  370  institution having custody of the child, fees as established by
  371  the department. When the order affects the guardianship estate,
  372  a certified copy of the order shall be delivered to the judge
  373  having jurisdiction of the guardianship estate. The shelter
  374  order shall also require the parents to provide to the
  375  department and any other state agency or party designated by the
  376  court, within 28 days after entry of the shelter order, the
  377  financial information necessary to accurately calculate child
  378  support pursuant to s. 61.30.
  379         (b) The court shall request that the parents consent to
  380  provide access to the child’s medical records and provide
  381  information to the court, the department or its contract
  382  agencies, and any guardian ad litem or attorney for the child.
  383  If a parent is unavailable or unable to consent or withholds
  384  consent and the court determines that access to the records and
  385  information is necessary in order to provide services to the
  386  child, the court shall issue an order granting access. The court
  387  may also order the parents to The parent or legal guardian shall
  388  provide all known medical information to the department and to
  389  any others granted access under this subsection.
  390         (c)The court shall request that the parents consent to
  391  provide access to the child’s education records and provide
  392  information to the court, the department or its contract
  393  agencies, and any guardian ad litem or attorney for the child.
  394  If a parent is unavailable or unable to consent or withholds
  395  consent and the court determines that access to the records and
  396  information is necessary in order to provide services to the
  397  child, the court shall issue an order granting access.
  398         (d)The court may appoint a surrogate parent or may refer
  399  the child to the district superintendent for the appointment of
  400  a surrogate parent if the child has or is suspected of having a
  401  disability and the parent is unavailable pursuant to s.
  402  39.0016(3)(b).
  403         Section 4. Subsection (8) of section 39.701, Florida
  404  Statutes, is amended to read:
  405         39.701 Judicial review.—
  406         (8) The court and any citizen review panel shall take into
  407  consideration the information contained in the social services
  408  study and investigation and all medical, psychological, and
  409  educational records that support the terms of the case plan;
  410  testimony by the social services agency, the parent, the foster
  411  parent or legal custodian, the guardian ad litem or surrogate
  412  parent for educational decisionmaking if one has been appointed
  413  for the child, and any other person deemed appropriate; and any
  414  relevant and material evidence submitted to the court, including
  415  written and oral reports to the extent of their probative value.
  416  These reports and evidence may be received by the court in its
  417  effort to determine the action to be taken with regard to the
  418  child and may be relied upon to the extent of their probative
  419  value, even though not competent in an adjudicatory hearing. In
  420  its deliberations, the court and any citizen review panel shall
  421  seek to determine:
  422         (a) If the parent was advised of the right to receive
  423  assistance from any person or social service agency in the
  424  preparation of the case plan.
  425         (b) If the parent has been advised of the right to have
  426  counsel present at the judicial review or citizen review
  427  hearings. If not so advised, the court or citizen review panel
  428  shall advise the parent of such right.
  429         (c) If a guardian ad litem needs to be appointed for the
  430  child in a case in which a guardian ad litem has not previously
  431  been appointed or if there is a need to continue a guardian ad
  432  litem in a case in which a guardian ad litem has been appointed.
  433         (d)Who holds the rights to make educational decisions for
  434  the child. If appropriate, the court may refer the child to the
  435  district superintendent for appointment of a surrogate parent or
  436  may itself appoint a surrogate parent under the Individuals with
  437  Disabilities Education Act and s. 39.0016.
  438         (e)(d) The compliance or lack of compliance of all parties
  439  with applicable items of the case plan, including the parents’
  440  compliance with child support orders.
  441         (f)(e) The compliance or lack of compliance with a
  442  visitation contract between the parent and the social service
  443  agency for contact with the child, including the frequency,
  444  duration, and results of the parent-child visitation and the
  445  reason for any noncompliance.
  446         (g)(f) The compliance or lack of compliance of the parent
  447  in meeting specified financial obligations pertaining to the
  448  care of the child, including the reason for failure to comply if
  449  such is the case.
  450         (h)(g) Whether the child is receiving safe and proper care
  451  according to s. 39.6012, including, but not limited to, the
  452  appropriateness of the child’s current placement, including
  453  whether the child is in a setting that is as family-like and as
  454  close to the parent’s home as possible, consistent with the
  455  child’s best interests and special needs, and including
  456  maintaining stability in the child’s educational placement, as
  457  documented by assurances from the community-based care provider
  458  that:
  459         1.The placement of the child takes into account the
  460  appropriateness of the current educational setting and the
  461  proximity to the school in which the child is enrolled at the
  462  time of placement.
  463         2.The community-based care agency has coordinated with
  464  appropriate school district to ensure that the child remains in
  465  the school in which the child is enrolled at the time of
  466  placement.
  467         (i)(h) A projected date likely for the child’s return home
  468  or other permanent placement.
  469         (j)(i) When appropriate, the basis for the unwillingness or
  470  inability of the parent to become a party to a case plan. The
  471  court and the citizen review panel shall determine if the
  472  efforts of the social service agency to secure party
  473  participation in a case plan were sufficient.
  474         (k)(j) For a child who has reached 13 years of age but is
  475  not yet 18 years of age, the adequacy of the child’s preparation
  476  for adulthood and independent living.
  477         (l)(k) If amendments to the case plan are required.
  478  Amendments to the case plan must be made under s. 39.6013.
  479         Section 5. Paragraph (f) of subsection (1) and paragraph
  480  (g) of subsection (4) of section 1003.21, Florida Statutes, are
  481  amended to read:
  482         1003.21 School attendance.—
  483         (1)
  484         (f) Homeless children, as defined in s. 1003.01, and
  485  children who are known to the department, as defined in s.
  486  39.0016, must have access to a free public education and must be
  487  admitted to school in the school district in which they or their
  488  families live. School districts shall assist homeless children
  489  and children who are known to the department to meet the
  490  requirements of subsection (4) and s. 1003.22, as well as local
  491  requirements for documentation.
  492         (4) Before admitting a child to kindergarten, the principal
  493  shall require evidence that the child has attained the age at
  494  which he or she should be admitted in accordance with the
  495  provisions of subparagraph (1)(a)2. The district school
  496  superintendent may require evidence of the age of any child whom
  497  he or she believes to be within the limits of compulsory
  498  attendance as provided for by law. If the first prescribed
  499  evidence is not available, the next evidence obtainable in the
  500  order set forth below shall be accepted:
  501         (g) If none of these evidences can be produced, an
  502  affidavit of age sworn to by the parent, accompanied by a
  503  certificate of age signed by a public health officer or by a
  504  public school physician, or, if neither of these is available in
  505  the county, by a licensed practicing physician designated by the
  506  district school board, which certificate states that the health
  507  officer or physician has examined the child and believes that
  508  the age as stated in the affidavit is substantially correct. A
  509  homeless child, as defined in s. 1003.01, and a child who is
  510  known to the department, as defined in s. 39.0016, shall be
  511  given temporary exemption from this section for 30 school days.
  512         Section 6. Subsection (1) and paragraph (e) of subsection
  513  (5) of section 1003.22, Florida Statutes, are amended to read:
  514         1003.22 School-entry health examinations; immunization
  515  against communicable diseases; exemptions; duties of Department
  516  of Health.—
  517         (1) Each district school board and the governing authority
  518  of each private school shall require that each child who is
  519  entitled to admittance to kindergarten, or is entitled to any
  520  other initial entrance into a public or private school in this
  521  state, present a certification of a school-entry health
  522  examination performed within 1 year prior to enrollment in
  523  school. Each district school board, and the governing authority
  524  of each private school, may establish a policy that permits a
  525  student up to 30 school days to present a certification of a
  526  school-entry health examination. A homeless child, as defined in
  527  s. 1003.01, and a child who is known to the department, as
  528  defined in s. 39.0016, shall be given a temporary exemption for
  529  30 school days. Any district school board that establishes such
  530  a policy shall include provisions in its local school health
  531  services plan to assist students in obtaining the health
  532  examinations. However, any child shall be exempt from the
  533  requirement of a health examination upon written request of the
  534  parent of the child stating objections to the examination on
  535  religious grounds.
  536         (5) The provisions of this section shall not apply if:
  537         (e) An authorized school official issues a temporary
  538  exemption, for a period not to exceed 30 school days, to permit
  539  a student who transfers into a new county to attend class until
  540  his or her records can be obtained. A homeless child, as defined
  541  in s. 1003.01, and a child who is known to the department, as
  542  defined in s. 39.0016, shall be given a temporary exemption for
  543  30 school days. The public school health nurse or authorized
  544  private school official is responsible for followup of each such
  545  student until proper documentation or immunizations are
  546  obtained. An exemption for 30 days may be issued for a student
  547  who enters a juvenile justice program to permit the student to
  548  attend class until his or her records can be obtained or until
  549  the immunizations can be obtained. An authorized juvenile
  550  justice official is responsible for followup of each student who
  551  enters a juvenile justice program until proper documentation or
  552  immunizations are obtained.
  553         Section 7. Subsections (3) and (4) are added to section
  554  1003.57, Florida Statutes, to read:
  555         1003.57 Exceptional students instruction.—
  556         (3)(a)For purposes of this subsection and subsection (4),
  557  the term:
  558         1.“Agency” means the Department of Children and Family
  559  Services or its contracted lead agency, the Agency for Persons
  560  with Disabilities, and the Agency for Health Care
  561  Administration.
  562         2.“Exceptional student” means an exceptional student, as
  563  defined in s. 1003.01, who has a disability.
  564         3.“Receiving school district” means the district in which
  565  a private residential care facility is located.
  566         4.“Placement” means the funding or arrangement of funding
  567  by an agency for all or a part of the cost for an exceptional
  568  student to reside in a private residential care facility and the
  569  placement crosses school district lines.
  570         (b)Within 10 business days after an exceptional student is
  571  placed in a private residential care facility by an agency, the
  572  agency or private residential care facility licensed by the
  573  agency, as appropriate, shall provide written notification of
  574  the placement to the school district where the student is
  575  currently counted for funding purposes under s. 1011.62 and the
  576  receiving school district. This paragraph applies when the
  577  placement is for the primary purpose of addressing residential
  578  or other noneducational needs and the placement crosses school
  579  district lines.
  580         (c)Within 10 business days after receiving the
  581  notification, the school district must review the student’s
  582  individual educational plan (IEP) to determine if the student’s
  583  IEP can be implemented by the school district or by a provider
  584  or facility under contract with the school district. The school
  585  district shall:
  586         1.Provide educational instruction to the student;
  587         2.Contract with another provider or facility to provide
  588  the educational instruction;
  589         3.Contract with the private residential care facility in
  590  which the student resides to provide the educational
  591  instruction; or
  592         4.Decline to provide or contract for educational
  593  instruction.
  594  
  595  If the school district declines to provide or contract for the
  596  educational instruction, the school district that is located
  597  within the legal residence of the student shall provide or
  598  contract for the educational instruction to the student. The
  599  school district that provides educational instruction or
  600  contracts to provide educational instruction shall report the
  601  student for funding purposes pursuant s. 1011.62.
  602         (d)1.The Department of Education, in consultation with the
  603  agencies and school districts, shall develop procedures for
  604  written notification to school districts regarding the placement
  605  of an exceptional student in a residential care facility. The
  606  procedures must:
  607         a.Provide for written notification of a placement that
  608  crosses school district lines; and
  609         b.Identify the entity responsible for the notification for
  610  each facility that is operated, licensed, or regulated by an
  611  agency.
  612         2.The State Board of Education shall adopt the procedures
  613  by rule pursuant to ss. 120.536(1) and 120.54 and the agencies
  614  shall implement the procedures.
  615         3.A residential care facility that is licensed by the
  616  Agency for Persons with Disabilities shall provide written
  617  notification to school districts when an exceptional student is
  618  placed in the residential care facility.
  619  
  620  The requirements of paragraphs (c) and (d) do not apply to
  621  written agreements among school districts which specify each
  622  school district’s responsibility for providing and paying for
  623  educational services to an exceptional student in a residential
  624  care facility. However, each agreement must require a school
  625  district to review the student’s IEP within 10 business days
  626  after receiving the notification required under paragraph (b).
  627         (4)The Department of Education and agencies shall enter
  628  into an agreement for interagency coordination which
  629  incorporates the elements set forth in 34 C.F.R. s. 300.154.
  630         Section 8. This act shall take effect July 1, 2009.