CS for CS for CS for SB 1128                    Second Engrossed
       
       
       
       
       
       
       
       
       20091128e2
       
    1                        A bill to be entitled                      
    2         An act relating to the education for children in
    3         shelter care or foster care and exceptional students;
    4         amending s. 39.0016, F.S.; defining the term
    5         “surrogate parent”; requiring the Department of
    6         Education and district school boards to access the
    7         Florida Safe Families Network to obtain information
    8         about children known to the Department of Children and
    9         Family Services; providing legislative intent;
   10         providing conditions and requirements for district
   11         school superintendent or court appointment of a
   12         surrogate parent for educational decisionmaking for a
   13         child who has or is suspected of having a disability;
   14         providing requirements for educational placement;
   15         providing requirements relating to qualifications and
   16         responsibilities of surrogate parents; limiting
   17         liability; amending s. 39.202, F.S.; providing for
   18         access to certain records to liaisons between school
   19         districts and the Department of Children and Family
   20         Services; amending s. 39.402, F.S.; requiring access
   21         to a child’s medical records and educational records
   22         if a child is placed in a shelter; authorizing
   23         appointment of a surrogate parent; amending s. 39.701,
   24         F.S.; requiring the court and citizen review panel in
   25         judicial reviews to consider testimony by a surrogate
   26         parent for educational decisionmaking; providing for
   27         additional deliberations relating to appointment of an
   28         educational decisionmaker; requiring certain
   29         documentation relating to the educational setting;
   30         amending s. 1003.21, F.S.; providing access to free
   31         public education for children known to the department;
   32         authorizing a temporary exemption relating to school
   33         attendance; amending s. 1003.22, F.S.; authorizing a
   34         temporary exemption from school-entry health
   35         examinations for children known to the department;
   36         amending s. 1003.57, F.S.; providing definitions;
   37         requiring the Department of Children and Family
   38         Services, the Agency for Health Care Administration,
   39         and residential facilities licensed by the Agency for
   40         Persons with Disabilities to notify certain school
   41         districts following the placement of an exceptional
   42         student in a private residential care facility;
   43         requiring that an exceptional student be enrolled in
   44         school; requiring review of the student’s individual
   45         educational plan; providing for determining
   46         responsibility for educational instruction; requiring
   47         the school district to report the student for funding
   48         purposes; requiring the Department of Education, in
   49         consultation with specified agencies, to develop
   50         procedures for the placement of students in
   51         residential care facilities; requiring the State Board
   52         of Education to adopt rules; requiring a cooperative
   53         agreement between the Department of Education and
   54         agencies, to be executed on or before January 1, 2010;
   55         prescribing conditions and requirements for the
   56         agreement; providing an effective date.
   57  
   58  Be It Enacted by the Legislature of the State of Florida:
   59  
   60         Section 1. Section 39.0016, Florida Statutes, is amended to
   61  read:
   62         39.0016 Education of abused, neglected, and abandoned
   63  children; agency agreements; children having or suspected of
   64  having a disability.—
   65         (1) DEFINITIONS.—As used in this section, the term:
   66         (a) “Children known to the department” means children who
   67  are found to be dependent or children in shelter care.
   68         (b) “Department” means the Department of Children and
   69  Family Services or a community-based care lead agency acting on
   70  behalf of the Department of Children and Family Services, as
   71  appropriate.
   72         (c)“Surrogate parent” means an individual appointed to act
   73  in the place of a parent in educational decisionmaking and in
   74  safeguarding a child’s rights under the Individuals with
   75  Disabilities Education Act and this section.
   76         (2)The provisions of this section establish goals and not
   77  rights. This section does not require the delivery of any
   78  particular service or level of service in excess of existing
   79  appropriations. A person may not maintain a cause of action
   80  against the state or any of its subdivisions, agencies,
   81  contractors, subcontractors, or agents based upon this section
   82  becoming law or failure by the Legislature to provide adequate
   83  funding for the achievement of these goals. This section does
   84  not require the expenditure of funds to meet the goals
   85  established in this section except funds specifically
   86  appropriated for such purpose.
   87         (2)AGENCY AGREEMENTS.—
   88         (a)(3) The department shall enter into an agreement with
   89  the Department of Education regarding the education and related
   90  care of children known to the department. Such agreement shall
   91  be designed to provide educational access to children known to
   92  the department for the purpose of facilitating the delivery of
   93  services or programs to children known to the department. The
   94  agreement shall avoid duplication of services or programs and
   95  shall provide for combining resources to maximize the
   96  availability or delivery of services or programs. The agreement
   97  must require the Department of Education to access the
   98  department’s Florida Safe Families Network to obtain information
   99  about children known to the department, consistent with the
  100  Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s.
  101  1232g.
  102         (b)(4) The department shall enter into agreements with
  103  district school boards or other local educational entities
  104  regarding education and related services for children known to
  105  the department who are of school age and children known to the
  106  department who are younger than school age but who would
  107  otherwise qualify for services from the district school board.
  108  Such agreements shall include, but are not limited to:
  109         1.(a) A requirement that the department shall:
  110         a.1. Enroll children known to the department in school. The
  111  agreement shall provide for continuing the enrollment of a child
  112  known to the department at the same school, if possible, with
  113  the goal of avoiding disruption of education.
  114         b.2. Notify the school and school district in which a child
  115  known to the department is enrolled of the name and phone number
  116  of the child known to the department caregiver and caseworker
  117  for child safety purposes.
  118         c.3. Establish a protocol for the department to share
  119  information about a child known to the department with the
  120  school district, consistent with the Family Educational Rights
  121  and Privacy Act, since the sharing of information will assist
  122  each agency in obtaining education and related services for the
  123  benefit of the child. The protocol must require the district
  124  school boards or other local educational entities to access the
  125  department’s Florida Safe Families Network to obtain information
  126  about children known to the department, consistent with the
  127  Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s.
  128  1232g.
  129         d.4. Notify the school district of the department’s case
  130  planning for a child known to the department, both at the time
  131  of plan development and plan review. Within the plan development
  132  or review process, the school district may provide information
  133  regarding the child known to the department if the school
  134  district deems it desirable and appropriate.
  135         2.(b) A requirement that the district school board shall:
  136         a.1. Provide the department with a general listing of the
  137  services and information available from the district school
  138  board, including, but not limited to, the current Sunshine State
  139  Standards, the Surrogate Parent Training Manual, and other
  140  resources accessible through the Department of Education or
  141  local school districts to facilitate educational access for a
  142  child known to the department.
  143         b.2. Identify all educational and other services provided
  144  by the school and school district which the school district
  145  believes are reasonably necessary to meet the educational needs
  146  of a child known to the department.
  147         c.3. Determine whether transportation is available for a
  148  child known to the department when such transportation will
  149  avoid a change in school assignment due to a change in
  150  residential placement. Recognizing that continued enrollment in
  151  the same school throughout the time the child known to the
  152  department is in out-of-home care is preferable unless
  153  enrollment in the same school would be unsafe or otherwise
  154  impractical, the department, the district school board, and the
  155  Department of Education shall assess the availability of
  156  federal, charitable, or grant funding for such transportation.
  157         d.4. Provide individualized student intervention or an
  158  individual educational plan when a determination has been made
  159  through legally appropriate criteria that intervention services
  160  are required. The intervention or individual educational plan
  161  must include strategies to enable the child known to the
  162  department to maximize the attainment of educational goals.
  163         3.(c) A requirement that the department and the district
  164  school board shall cooperate in accessing the services and
  165  supports needed for a child known to the department who has or
  166  is suspected of having a disability to receive an appropriate
  167  education consistent with the Individuals with Disabilities
  168  Education Act and state implementing laws, rules, and
  169  assurances. Coordination of services for a child known to the
  170  department who has or is suspected of having a disability may
  171  include:
  172         a.1. Referral for screening.
  173         b.2. Sharing of evaluations between the school district and
  174  the department where appropriate.
  175         c.3. Provision of education and related services
  176  appropriate for the needs and abilities of the child known to
  177  the department.
  178         d.4. Coordination of services and plans between the school
  179  and the residential setting to avoid duplication or conflicting
  180  service plans.
  181         e.5. Appointment of a surrogate parent, consistent with the
  182  Individuals with Disabilities Education Act and pursuant to
  183  subsection (3), for educational purposes for a child known to
  184  the department who qualifies as soon as the child is determined
  185  to be dependent and without a parent to act for the child. The
  186  surrogate parent shall be appointed by the school district
  187  without regard to where the child known to the department is
  188  placed so that one surrogate parent can follow the education of
  189  the child known to the department during his or her entire time
  190  in state custody.
  191         f.6. For each child known to the department 14 years of age
  192  and older, transition planning by the department and all
  193  providers, including the department’s independent living program
  194  staff, to meet the requirements of the local school district for
  195  educational purposes.
  196         (c)This subsection establishes standards and not rights.
  197  This subsection does not require the delivery of any particular
  198  service or level of service in excess of existing
  199  appropriations. A person may not maintain a cause of action
  200  against the state or any of its subdivisions, agencies,
  201  contractors, subcontractors, or agents based upon this
  202  subsection becoming law or failure by the Legislature to provide
  203  adequate funding for the achievement of these standards. This
  204  subsection does not require the expenditure of funds to meet the
  205  standards established in this subsection except funds
  206  specifically appropriated for such purpose.
  207         (3)CHILDREN HAVING OR SUSPECTED OF HAVING A DISABILITY.—
  208         (a)1.The Legislature finds that disability is a natural
  209  part of the human experience and in no way diminishes the right
  210  of individuals to participate in or contribute to society.
  211  Improving educational results for children with disabilities is
  212  an essential element of our public policy of ensuring equality
  213  of opportunity, full participation, independent living, and
  214  economic self-sufficiency for individuals with disabilities.
  215         2.The Legislature also finds that research and experience
  216  have shown that the education of children with disabilities can
  217  be made more effective by:
  218         a.Having high expectations for these children and ensuring
  219  their access to the general education curriculum in the regular
  220  classroom, to the maximum extent possible.
  221         b.Providing appropriate exceptional student education,
  222  related services, and aids and supports in the least restrictive
  223  environment appropriate for these children.
  224         c.Having a trained, interested, and consistent educational
  225  decisionmaker for the child when the parent is determined to be
  226  legally unavailable or when the foster parent is unwilling, has
  227  no significant relationship with the child, or is not trained in
  228  the exceptional student education process.
  229         3.It is, therefore, the intent of the Legislature that all
  230  children with disabilities known to the department, consistent
  231  with the Individuals with Disabilities Education Act, have
  232  available to them a free, appropriate public education that
  233  emphasizes exceptional student education and related services
  234  designed to meet their unique needs and prepare them for further
  235  education, employment, and independent living and that the
  236  rights of children with disabilities are protected.
  237         (b)1. Each district school superintendent or dependency
  238  court must appoint a surrogate parent for a child known to the
  239  department who has or is suspected of having a disability, as
  240  defined in s. 1003.01(3), when:
  241         a. After reasonable efforts, no parent can be located; or
  242         b. A court of competent jurisdiction over a child under
  243  this chapter has determined that no person has the authority
  244  under the Individuals with Disabilities Education Act, including
  245  the parent or parents subject to the dependency action, or that
  246  no person has the authority, willingness, or ability to serve as
  247  the educational decisionmaker for the child without judicial
  248  action.
  249         2. A surrogate parent appointed by the district school
  250  superintendent or the court must be at least 18 years old and
  251  have no personal or professional interest that conflicts with
  252  the interests of the student to be represented. Neither the
  253  district school superintendent nor the court may appoint an
  254  employee of the Department of Education, the local school
  255  district, a community-based care provider, the Department of
  256  Children and Family Services, or any other public or private
  257  agency involved in the education or care of the child as
  258  appointment of those persons is prohibited by federal law. This
  259  prohibition includes group home staff and therapeutic foster
  260  parents. However, a person who acts in a parental role to a
  261  child, such as a foster parent or relative caregiver, is not
  262  prohibited from serving as a surrogate parent if he or she is
  263  employed by such agency, willing to serve, and knowledgeable
  264  about the child and the exceptional student education process.
  265  The surrogate parent may be a court-appointed guardian ad litem
  266  or a relative or nonrelative adult who is involved in the
  267  child’s life regardless of whether that person has physical
  268  custody of the child. Each person appointed as a surrogate
  269  parent must have the knowledge and skills acquired by
  270  successfully completing training using materials developed and
  271  approved by the Department of Education to ensure adequate
  272  representation of the child.
  273         3. If a guardian ad litem has been appointed for a child,
  274  the district school superintendent must first consider the
  275  child’s guardian ad litem when appointing a surrogate parent.
  276  The district school superintendent must accept the appointment
  277  of the court if he or she has not previously appointed a
  278  surrogate parent. Similarly, the court must accept a surrogate
  279  parent duly appointed by a district school superintendent.
  280         4. A surrogate parent appointed by the district school
  281  superintendent or the court must be accepted by any subsequent
  282  school or school district without regard to where the child is
  283  receiving residential care so that a single surrogate parent can
  284  follow the education of the child during his or her entire time
  285  in state custody. Nothing in this paragraph or in rule shall
  286  limit or prohibit the continuance of a surrogate parent
  287  appointment when the responsibility for the student’s
  288  educational placement moves among and between public and private
  289  agencies.
  290         5. For a child known to the department, the responsibility
  291  to appoint a surrogate parent resides with both the district
  292  school superintendent and the court with jurisdiction over the
  293  child. If the court elects to appoint a surrogate parent, notice
  294  shall be provided as soon as practicable to the child’s school.
  295  At any time the court determines that it is in the best
  296  interests of a child to remove a surrogate parent, the court may
  297  appoint a new surrogate parent for educational decisionmaking
  298  purposes for that child.
  299         6. The surrogate parent shall continue in the appointed
  300  role until one of the following occurs:
  301         a. The child is determined to no longer be eligible or in
  302  need of special programs, except when termination of special
  303  programs is being contested.
  304         b. The child achieves permanency through adoption or legal
  305  guardianship and is no longer in the custody of the department.
  306         c. The parent who was previously unknown becomes known,
  307  whose whereabouts were unknown is located, or who was
  308  unavailable is determined by the court to be available.
  309         d. The appointed surrogate no longer wishes to represent
  310  the child or is unable to represent the child.
  311         e. The superintendent of the school district in which the
  312  child is attending school, the Department of Education contract
  313  designee, or the court that appointed the surrogate determines
  314  that the appointed surrogate parent no longer adequately
  315  represents the child.
  316         f. The child moves to a geographic location that is not
  317  reasonably accessible to the appointed surrogate.
  318         7. The appointment and termination of appointment of a
  319  surrogate under this paragraph shall be entered as an order of
  320  the court with a copy of the order provided to the child’s
  321  school as soon as practicable.
  322         8. The person appointed as a surrogate parent under this
  323  paragraph must:
  324         a. Be acquainted with the child and become knowledgeable
  325  about his or her disability and educational needs.
  326         b. Represent the child in all matters relating to
  327  identification, evaluation, and educational placement and the
  328  provision of a free and appropriate education to the child.
  329         c. Represent the interests and safeguard the rights of the
  330  child in educational decisions that affect the child.
  331         9. The responsibilities of the person appointed as a
  332  surrogate parent shall not extend to the care, maintenance,
  333  custody, residential placement, or any other area not
  334  specifically related to the education of the child, unless the
  335  same person is appointed by the court for such other purposes.
  336         10. A person appointed as a surrogate parent shall enjoy
  337  all of the procedural safeguards afforded a parent with respect
  338  to the identification, evaluation, and educational placement of
  339  a student with a disability or a student who is suspected of
  340  having a disability.
  341         11. A person appointed as a surrogate parent shall not be
  342  held liable for actions taken in good faith on behalf of the
  343  student in protecting the special education rights of the child.
  344         (4)(5)TRAINING.—The department shall incorporate an
  345  education component into all training programs of the department
  346  regarding children known to the department. Such training shall
  347  be coordinated with the Department of Education and the local
  348  school districts. The department shall offer opportunities for
  349  education personnel to participate in such training. Such
  350  coordination shall include, but not be limited to, notice of
  351  training sessions, opportunities to purchase training materials,
  352  proposals to avoid duplication of services by offering joint
  353  training, and incorporation of materials available from the
  354  Department of Education and local school districts into the
  355  department training when appropriate. The department training
  356  components shall include:
  357         (a) Training for surrogate parents to include how an
  358  ability to learn of a child known to the department is affected
  359  by abuse, abandonment, neglect, and removal from the home.
  360         (b) Training for parents in cases in which reunification is
  361  the goal, or for preadoptive parents when adoption is the goal,
  362  so that such parents learn how to access the services the child
  363  known to the department needs and the importance of their
  364  involvement in the education of the child known to the
  365  department.
  366         (c) Training for caseworkers and foster parents to include
  367  information on the right of the child known to the department to
  368  an education, the role of an education in the development and
  369  adjustment of a child known to the department, the proper ways
  370  to access education and related services for the child known to
  371  the department, and the importance and strategies for parental
  372  involvement in education for the success of the child known to
  373  the department.
  374         (d) Training of caseworkers regarding the services and
  375  information available through the Department of Education and
  376  local school districts, including, but not limited to, the
  377  current Sunshine State Standards, the Surrogate Parent Training
  378  Manual, and other resources accessible through the Department of
  379  Education or local school districts to facilitate educational
  380  access for a child known to the department.
  381         Section 2. Paragraph (p) of subsection (2) of section
  382  39.202, Florida Statutes, is amended to read:
  383         39.202 Confidentiality of reports and records in cases of
  384  child abuse or neglect.—
  385         (2) Except as provided in subsection (4), access to such
  386  records, excluding the name of the reporter which shall be
  387  released only as provided in subsection (5), shall be granted
  388  only to the following persons, officials, and agencies:
  389         (p) An employee of the local school district who is
  390  designated as a liaison between the school district and the
  391  department pursuant to an interagency agreement required under
  392  s. 39.0016 and the principal of a public school, private school,
  393  or charter school where the child is a student. Information
  394  contained in the records which the liaison or the principal
  395  determines are necessary for a school employee to effectively
  396  provide a student with educational services may be released to
  397  that employee.
  398         Section 3. Subsection (11) of section 39.402, Florida
  399  Statutes, is amended to read:
  400         39.402 Placement in a shelter.—
  401         (11)(a) If a child is placed in a shelter pursuant to a
  402  court order following a shelter hearing, the court shall require
  403  in the shelter hearing order that the parents of the child, or
  404  the guardian of the child’s estate, if possessed of assets which
  405  under law may be disbursed for the care, support, and
  406  maintenance of the child, to pay, to the department or
  407  institution having custody of the child, fees as established by
  408  the department. When the order affects the guardianship estate,
  409  a certified copy of the order shall be delivered to the judge
  410  having jurisdiction of the guardianship estate. The shelter
  411  order shall also require the parents to provide to the
  412  department and any other state agency or party designated by the
  413  court, within 28 days after entry of the shelter order, the
  414  financial information necessary to accurately calculate child
  415  support pursuant to s. 61.30.
  416         (b) The court shall request that the parents consent to
  417  provide access to the child’s medical records and provide
  418  information to the court, the department or its contract
  419  agencies, and any guardian ad litem or attorney for the child.
  420  If a parent is unavailable or unable to consent or withholds
  421  consent and the court determines access to the records and
  422  information is necessary to provide services to the child, the
  423  court shall issue an order granting access. The court may also
  424  order the parents to The parent or legal guardian shall provide
  425  all known medical information to the department and to any
  426  others granted access under this subsection.
  427         (c) The court shall request that the parents consent to
  428  provide access to the child’s educational records and provide
  429  information to the court, the department or its contract
  430  agencies, and any guardian ad litem or attorney for the child.
  431  If a parent is unavailable or unable to consent or withholds
  432  consent and the court determines access to the records and
  433  information is necessary to provide services to the child, the
  434  court shall issue an order granting access.
  435         (d) The court may appoint a surrogate parent or may refer
  436  the child to the district school superintendent for appointment
  437  of a surrogate parent if the child has or is suspected of having
  438  a disability and the parent is unavailable pursuant to s.
  439  39.0016(3)(b).
  440         Section 4. Subsection (8) of section 39.701, Florida
  441  Statutes, is amended to read:
  442         39.701 Judicial review.—
  443         (8) The court and any citizen review panel shall take into
  444  consideration the information contained in the social services
  445  study and investigation and all medical, psychological, and
  446  educational records that support the terms of the case plan;
  447  testimony by the social services agency, the parent, the foster
  448  parent or legal custodian, the guardian ad litem or surrogate
  449  parent for educational decisionmaking if one has been appointed
  450  for the child, and any other person deemed appropriate; and any
  451  relevant and material evidence submitted to the court, including
  452  written and oral reports to the extent of their probative value.
  453  These reports and evidence may be received by the court in its
  454  effort to determine the action to be taken with regard to the
  455  child and may be relied upon to the extent of their probative
  456  value, even though not competent in an adjudicatory hearing. In
  457  its deliberations, the court and any citizen review panel shall
  458  seek to determine:
  459         (a) If the parent was advised of the right to receive
  460  assistance from any person or social service agency in the
  461  preparation of the case plan.
  462         (b) If the parent has been advised of the right to have
  463  counsel present at the judicial review or citizen review
  464  hearings. If not so advised, the court or citizen review panel
  465  shall advise the parent of such right.
  466         (c) If a guardian ad litem needs to be appointed for the
  467  child in a case in which a guardian ad litem has not previously
  468  been appointed or if there is a need to continue a guardian ad
  469  litem in a case in which a guardian ad litem has been appointed.
  470         (d)Who holds the rights to make educational decisions for
  471  the child. If appropriate, the court may refer the child to the
  472  district school superintendent for appointment of a surrogate
  473  parent or may itself appoint a surrogate parent under the
  474  Individuals with Disabilities Education Act and s. 39.0016.(e).
  475         (d) The compliance or lack of compliance of all parties
  476  with applicable items of the case plan, including the parents’
  477  compliance with child support orders.
  478         (f)(e) The compliance or lack of compliance with a
  479  visitation contract between the parent and the social service
  480  agency for contact with the child, including the frequency,
  481  duration, and results of the parent-child visitation and the
  482  reason for any noncompliance.
  483         (g)(f) The compliance or lack of compliance of the parent
  484  in meeting specified financial obligations pertaining to the
  485  care of the child, including the reason for failure to comply if
  486  such is the case.
  487         (h)(g) Whether the child is receiving safe and proper care
  488  according to s. 39.6012, including, but not limited to, the
  489  appropriateness of the child’s current placement, including
  490  whether the child is in a setting that is as family-like and as
  491  close to the parent’s home as possible, consistent with the
  492  child’s best interests and special needs, and including
  493  maintaining stability in the child’s educational placement, as
  494  documented by assurances from the community-based care provider
  495  that:
  496         1. The placement of the child takes into account the
  497  appropriateness of the current educational setting and the
  498  proximity to the school in which the child is enrolled at the
  499  time of placement.
  500         2. The community-based care agency has coordinated with
  501  appropriate local educational agencies to ensure that the child
  502  remains in the school in which the child is enrolled at the time
  503  of placement.
  504         (i)(h) A projected date likely for the child’s return home
  505  or other permanent placement.
  506         (j)(i) When appropriate, the basis for the unwillingness or
  507  inability of the parent to become a party to a case plan. The
  508  court and the citizen review panel shall determine if the
  509  efforts of the social service agency to secure party
  510  participation in a case plan were sufficient.
  511         (k)(j) For a child who has reached 13 years of age but is
  512  not yet 18 years of age, the adequacy of the child’s preparation
  513  for adulthood and independent living.
  514         (l)(k) If amendments to the case plan are required.
  515  Amendments to the case plan must be made under s. 39.6013.
  516         Section 5. Paragraph (f) of subsection (1) and paragraph
  517  (g) of subsection (4) of section 1003.21, Florida Statutes, are
  518  amended to read:
  519         1003.21 School attendance.—
  520         (1)
  521         (f) Homeless children, as defined in s. 1003.01, and
  522  children who are known to the department, as defined in s.
  523  39.0016, must have access to a free public education and must be
  524  admitted to school in the school district in which they or their
  525  families live. School districts shall assist homeless children
  526  and children who are known to the department to meet the
  527  requirements of subsection (4) and s. 1003.22, as well as local
  528  requirements for documentation.
  529         (4) Before admitting a child to kindergarten, the principal
  530  shall require evidence that the child has attained the age at
  531  which he or she should be admitted in accordance with the
  532  provisions of subparagraph (1)(a)2. The district school
  533  superintendent may require evidence of the age of any child whom
  534  he or she believes to be within the limits of compulsory
  535  attendance as provided for by law. If the first prescribed
  536  evidence is not available, the next evidence obtainable in the
  537  order set forth below shall be accepted:
  538         (g) If none of these evidences can be produced, an
  539  affidavit of age sworn to by the parent, accompanied by a
  540  certificate of age signed by a public health officer or by a
  541  public school physician, or, if neither of these is available in
  542  the county, by a licensed practicing physician designated by the
  543  district school board, which certificate states that the health
  544  officer or physician has examined the child and believes that
  545  the age as stated in the affidavit is substantially correct. A
  546  homeless child, as defined in s. 1003.01, and a child who is
  547  known to the department, as defined in s. 39.0016, shall be
  548  given temporary exemption from this section for 30 school days.
  549         Section 6. Subsection (1) and paragraph (e) of subsection
  550  (5) of section 1003.22, Florida Statutes, are amended to read:
  551         1003.22 School-entry health examinations; immunization
  552  against communicable diseases; exemptions; duties of Department
  553  of Health.—
  554         (1) Each district school board and the governing authority
  555  of each private school shall require that each child who is
  556  entitled to admittance to kindergarten, or is entitled to any
  557  other initial entrance into a public or private school in this
  558  state, present a certification of a school-entry health
  559  examination performed within 1 year prior to enrollment in
  560  school. Each district school board, and the governing authority
  561  of each private school, may establish a policy that permits a
  562  student up to 30 school days to present a certification of a
  563  school-entry health examination. A homeless child, as defined in
  564  s. 1003.01, and a child who is known to the department, as
  565  defined in s. 39.0016, shall be given a temporary exemption for
  566  30 school days. Any district school board that establishes such
  567  a policy shall include provisions in its local school health
  568  services plan to assist students in obtaining the health
  569  examinations. However, any child shall be exempt from the
  570  requirement of a health examination upon written request of the
  571  parent of the child stating objections to the examination on
  572  religious grounds.
  573         (5) The provisions of this section shall not apply if:
  574         (e) An authorized school official issues a temporary
  575  exemption, for a period not to exceed 30 school days, to permit
  576  a student who transfers into a new county to attend class until
  577  his or her records can be obtained. A homeless child, as defined
  578  in s. 1003.01, and a child who is known to the department, as
  579  defined in s. 39.0016, shall be given a temporary exemption for
  580  30 school days. The public school health nurse or authorized
  581  private school official is responsible for followup of each such
  582  student until proper documentation or immunizations are
  583  obtained. An exemption for 30 days may be issued for a student
  584  who enters a juvenile justice program to permit the student to
  585  attend class until his or her records can be obtained or until
  586  the immunizations can be obtained. An authorized juvenile
  587  justice official is responsible for followup of each student who
  588  enters a juvenile justice program until proper documentation or
  589  immunizations are obtained.
  590         Section 7. Subsections (3) and (4) are added to section
  591  1003.57, Florida Statutes, to read:
  592         1003.57 Exceptional students instruction.—
  593         (3)(a) For purposes of this subsection and subsection (4),
  594  the term:
  595         1. “Agency” means the Department of Children and Family
  596  Services or its contracted lead agency, the Agency for Persons
  597  with Disabilities, and the Agency for Health Care
  598  Administration.
  599         2. “Exceptional student” means an exceptional student, as
  600  defined in s. 1003.01, who has a disability.
  601         3. “Receiving school district” means the district in which
  602  a private residential care facility is located.
  603         4. “Placement” means the funding or arrangement of funding
  604  by an agency for all or a part of the cost for an exceptional
  605  student to reside in a private residential care facility and the
  606  placement crosses school district lines.
  607         (b) Within 10 business days after an exceptional student is
  608  placed in a private residential care facility by an agency, the
  609  agency or private residential care facility licensed by the
  610  agency, as appropriate, shall provide written notification of
  611  the placement to the school district where the student is
  612  currently counted for funding purposes under s. 1011.62 and the
  613  receiving school district. The exceptional student shall be
  614  enrolled in school and receive a free and appropriate public
  615  education, special education, and related services while the
  616  notice and procedures regarding payment are pending. This
  617  paragraph applies when the placement is for the primary purpose
  618  of addressing residential or other noneducational needs and the
  619  placement crosses school district lines.
  620         (c)Within 10 business days after receiving the
  621  notification, the receiving school district must review the
  622  student’s individual educational plan (IEP) to determine if the
  623  student’s IEP can be implemented by the receiving school
  624  district or by a provider or facility under contract with the
  625  receiving school district. The receiving school district shall:
  626         1.Provide educational instruction to the student;
  627         2.Contract with another provider or facility to provide
  628  the educational instruction;
  629         3.Contract with the private residential care facility in
  630  which the student resides to provide the educational
  631  instruction; or
  632         4.Decline to provide or contract for educational
  633  instruction.
  634  
  635  If the receiving school district declines to provide or contract
  636  for the educational instruction, the school district in which
  637  the legal residence of the student is located shall provide or
  638  contract for the educational instruction to the student. The
  639  school district that provides educational instruction or
  640  contracts to provide educational instruction shall report the
  641  student for funding purposes pursuant s. 1011.62.
  642         (d)1.The Department of Education, in consultation with the
  643  agencies and school districts, shall develop procedures for
  644  written notification to school districts regarding the placement
  645  of an exceptional student in a residential care facility. The
  646  procedures must:
  647         a.Provide for written notification of a placement that
  648  crosses school district lines; and
  649         b.Identify the entity responsible for the notification for
  650  each facility that is operated, licensed, or regulated by an
  651  agency.
  652         2.The State Board of Education shall adopt the procedures
  653  by rule pursuant to ss. 120.536(1) and 120.54 and the agencies
  654  shall implement the procedures.
  655  
  656  The requirements of paragraphs (c) and (d) do not apply to
  657  written agreements among school districts which specify each
  658  school district’s responsibility for providing and paying for
  659  educational services to an exceptional student in a residential
  660  care facility. However, each agreement must require a school
  661  district to review the student’s IEP within 10 business days
  662  after receiving the notification required under paragraph (b).
  663         (4)The Department of Education and agencies shall enter
  664  into an agreement for interagency coordination regarding the
  665  placement of exceptional students in residential facilities,
  666  consistent with federal law and regulations, on or before
  667  January 1, 2010. The agreement shall identify the
  668  responsibilities of each party and ensure that students receive
  669  special education and related services necessary to receive a
  670  free appropriate public education. The agreement shall also
  671  establish procedures for:
  672         (a)Resolving interagency disputes;
  673         (b)Ensuring the provision of services during the pendency
  674  of a dispute; and
  675         (c)Ensuring continued Medicaid eligibility as deemed
  676  appropriate.
  677         Section 8. This act shall take effect July 1, 2009.