Senate Bill sb1232
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1232
By Senator Atwater
25-898-04 See HB 279
1 A bill to be entitled
2 An act relating to abused, neglected, and
3 abandoned children; creating s. 39.0016, F.S.,
4 relating to the education of abused, neglected,
5 and abandoned children; creating definitions;
6 providing for interpretation of the act;
7 requiring an agreement between the Department
8 of Children and Family Services and the
9 Department of Education; requiring the
10 Department of Children and Family Services to
11 enter into agreements with public or private
12 entities for the delivery of services or
13 programs to children known to the department;
14 requiring agreements between the Department of
15 Children and Family Services and district
16 school boards or other local educational
17 entities; specifying provisions of such
18 agreements; requiring access to certain
19 information; requiring education training
20 components; providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Section 39.0016, Florida Statutes, is
25 created to read:
26 39.0016 Education of abused, neglected, and abandoned
27 children.--
28 (1) As used in this section, the term:
29 (a) "Children known to the department" includes a
30 child who is found dependent or a child who has suffered from,
31 or is in danger of suffering from, abuse, harm, or neglect
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1232
25-898-04 See HB 279
1 and, as a result thereof, such child is in the custody of or
2 under the protective supervision of the department, whether
3 such child is in shelter care, foster care, or out-of-home
4 care, placed with a relative caregiver, or under protective
5 supervision of the department.
6 (b) "Department" means the Department of Children and
7 Family Services and community-based care lead agencies acting
8 on behalf of the department.
9 (2) The provisions of this section establish goals and
10 not rights. Nothing in this section shall be interpreted as
11 requiring the delivery of any particular service or level of
12 service in excess of existing appropriations. No person shall
13 have a cause of action against the state or any of its
14 subdivisions, agencies, contractors, subcontractors, or agents
15 based upon this section becoming law or failure by the
16 Legislature to provide adequate funding for the achievement of
17 these goals. Nothing in this section shall require the
18 expenditure of funds to meet the goals established in this
19 section except funds specifically appropriated for such
20 purpose.
21 (3) The department shall enter into an agreement with
22 the Department of Education regarding the education and
23 related care of children known to the department. Such
24 agreement shall be designed to provide educational access to
25 children known to the department, for the purpose of
26 facilitating the delivery of services or programs to children
27 known to the department. The agreement shall avoid duplication
28 of services or programs, combining resources to maximize the
29 availability or delivery of services or programs. As required
30 by s. 39.0014, the Department of Education shall cooperate,
31
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1232
25-898-04 See HB 279
1 assist, and provide information to the department as necessary
2 to carry out this agreement.
3 (4) The department shall enter into agreements with
4 public or private entities for the purpose of facilitating the
5 delivery of services or programs to children known to the
6 department. The agreements shall avoid duplication of services
7 or programs, combining resources to maximize the availability
8 or delivery of services or programs.
9 (5) The department shall enter into agreements with
10 district school boards or other local educational entities
11 regarding education and related services for children known to
12 the department who are of school age and children known to the
13 department who are younger than school age but who would
14 otherwise qualify for services from the district school board.
15 As required by s. 39.0014, district school boards shall
16 cooperate, assist, and provide information to the department
17 regarding such agreements. Such agreements shall include, but
18 not be limited to:
19 (a) A requirement that the department shall:
20 1. Enroll children known to the department in school.
21 The agreement shall provide for continuing a child's
22 enrollment at the same school where possible, with the goal of
23 avoiding disruption of education.
24 2. Notify the school and school district in which a
25 child known to the department is enrolled of the name and
26 phone number of the child's caregiver and caseworker for child
27 safety purposes.
28 3. Establish a protocol for the department to share
29 information about a child with the school district, consistent
30 with the Family Educational Rights and Privacy Act, since the
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1232
25-898-04 See HB 279
1 sharing of information will assist each agency in obtaining
2 education and related services for the benefit of the child.
3 4. Notify the school district of the department's case
4 planning for a child, both at the time of plan development and
5 plan review. Within the plan development or review process,
6 the school district may provide information regarding the
7 child if the school district deems it desirable and
8 appropriate.
9 (b) A requirement that the district school board
10 shall:
11 1. Provide the department with a general listing of
12 the services and information available from the district
13 school board, including, but not limited to, the current
14 Sunshine State Standards, the Surrogate Parent Training
15 Manual, and other resources accessible through the Department
16 of Education or local school districts to facilitate
17 educational access for a child known to the department.
18 2. Identify all educational and other school and
19 school district provided services that the school district
20 believes are reasonably necessary to meet the educational
21 needs of a child known to the department.
22 3. Determine whether transportation is available for a
23 child known to the department when such transportation will
24 avoid a change in school assignment due to a change in
25 residential placement. Recognizing that continued enrollment
26 in the same school throughout the child's time in out-of-home
27 care is preferable unless enrollment in the same school would
28 be unsafe or otherwise impractical, the department, the
29 district school board, and the Department of Education shall
30 assess the availability of federal, charitable, or grant
31 funding for such transportation.
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1232
25-898-04 See HB 279
1 4. Provide individualized student intervention or an
2 individual educational plan when a determination has been made
3 through legally appropriate criteria that intervention
4 services are required. The intervention or individual
5 educational plan must include strategies to enable the child
6 to receive a high school diploma.
7 (c) A requirement that the department and the district
8 school board shall cooperate in accessing the services and
9 supports needed for a child who has or is suspected of having
10 a disability to receive an appropriate education consistent
11 with the Individuals with Disabilities Education Act and state
12 implementing laws, rules, and assurances. Coordination of
13 services for a child who has or is suspected of having a
14 disability may include:
15 1. Referral for screening.
16 2. Sharing of evaluations between the school district
17 and the department where appropriate.
18 3. Provision of education and related services
19 appropriate for the child's needs and abilities.
20 4. Coordination of services and plans between the
21 school and the residential setting to avoid duplication or
22 conflicting service plans.
23 5. Appointment of a surrogate parent, consistent with
24 the Individuals with Disabilities Education Act, for
25 educational purposes for a child who qualifies as soon as the
26 child is determined to be dependent and without a parent to
27 act for the child. The surrogate parent shall be appointed by
28 the school district without regard to where the child is
29 placed so that one surrogate parent can follow the child's
30 education during his or her entire time in state custody.
31
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1232
25-898-04 See HB 279
1 6. For each child 14 years of age and older,
2 transition planning by the department and all providers,
3 including the department's independent living program staff,
4 to meet the requirements of the local school district for
5 educational purposes.
6 (6) The department shall incorporate an education
7 component into all training programs of the department
8 regarding children known to the department. Such training
9 shall be coordinated with the Department of Education and the
10 local school districts, and the department and school
11 districts shall cooperate, assist, and provide information to
12 the department as required by s. 39.0014. The department shall
13 offer opportunities for education personnel to participate in
14 such training. Such coordination shall include, but not be
15 limited to, notice of training sessions, opportunities to
16 purchase training materials, proposals to avoid duplication of
17 services by offering joint training, and incorporation of
18 materials available from the Department of Education and local
19 school districts into the department training when
20 appropriate. The department training components shall include:
21 (a) Training for surrogate parents to include how a
22 child's ability to learn is affected by abuse, abandonment,
23 neglect, and removal from the home.
24 (b) Training for parents in cases in which
25 reunification is the goal, or for preadoptive parents when
26 adoption is the goal, so that such parents learn how to access
27 the services the child needs and the importance of their
28 involvement in the child's education.
29 (c) Training for caseworkers and foster parents to
30 include information on the child's right to an education, the
31 role of an education in the child's development and
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1232
25-898-04 See HB 279
1 adjustment, the proper ways to access education and related
2 services for the child, and the importance and strategies for
3 parental involvement in education for the success of the
4 child.
5 (d) Training of department contractors and
6 school-leased contractors with respect to the education of
7 children and related issues.
8 (e) Training of caseworkers regarding the services and
9 information available through the Department of Education and
10 local school districts, including, but not limited to, the
11 current Sunshine State Standards, the Surrogate Parent
12 Training Manual, and other resources accessible through the
13 Department of Education or local school districts to
14 facilitate educational access for a child known to the
15 department.
16 Section 2. This act shall take effect July 1, 2004.
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
7
CODING: Words stricken are deletions; words underlined are additions.