Senate Bill sb1698e1

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    CS for CS for CS for SB 1698                   First Engrossed



  1                      A bill to be entitled

  2         An act relating to foster care services;

  3         amending s. 20.19, F.S.; prohibiting certain

  4         members of a community alliance from receiving

  5         funds from the Department of Children and

  6         Family Services or a community-based lead

  7         agency; amending s. 409.1671, F.S.; providing

  8         additional requirements for an eligible lead

  9         community-based provider to compete for a

10         privatization project; requiring contracts with

11         lead community-based providers to include

12         certain standards; revising requirements for

13         the department's quality assurance program for

14         privatized services; directing the Florida

15         Coalition for Children, Inc., to develop a plan

16         for a statewide risk pool for community-based

17         providers that provide foster care and related

18         services under contract with the department or

19         a lead community-based provider; deleting a

20         requirement that the department develop a

21         proposal; specifying the requirements of the

22         plan; extending a submission deadline; revising

23         the process for plan approval; directing the

24         department to issue a loan upon approval of the

25         plan; modifying the purposes of the risk pool;

26         revising the purposes for which funding may be

27         recommended to the Legislature; deleting

28         provisions requiring the creation of a risk

29         pool within the State Treasury; revising the

30         requirements for operating the risk pool;

31         authorizing the risk pool to invest funds and


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 1         retain interest; providing for payments upon a

 2         determination of insolvency; prohibiting

 3         payment of dividends until repayment of the

 4         loan by the department and until the risk pool

 5         is actuarially sound; deleting a requirement

 6         for a performance bond; providing for the risk

 7         pool to be managed by the Florida Coalition for

 8         Children, Inc., or its designated contractor;

 9         specifying the manner by which nonmember

10         entities may be authorized to contract with the

11         department; providing an exemption from state

12         travel policies for community-based providers

13         and subcontractors; creating s. 39.0016, F.S.,

14         relating to the education of abused, neglected,

15         and abandoned children; creating definitions;

16         providing for interpretation of the act;

17         requiring an agreement between the Department

18         of Children and Family Services and the

19         Department of Education; requiring agreements

20         between the Department of Children and Family

21         Services and district school boards or other

22         local educational entities; specifying

23         provisions of such agreements; requiring access

24         to certain information; requiring education

25         training components; amending s. 1002.22, F.S.,

26         relating to access to student records;

27         authorizing the release of records to the

28         Department of Children and Family Services or a

29         community-based care lead agency; providing

30         effective dates.

31  


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 1  Be It Enacted by the Legislature of the State of Florida:

 2  

 3         Section 1.  Subsection (6) of section 20.19, Florida

 4  Statutes, is amended to read:

 5         20.19  Department of Children and Family

 6  Services.--There is created a Department of Children and

 7  Family Services.

 8         (6)  COMMUNITY ALLIANCES.--

 9         (a)  The department shall, in consultation with local

10  communities, establish a community alliance of the

11  stakeholders, community leaders, client representatives and

12  funders of human services in each county to provide a focal

13  point for community participation and governance of

14  community-based services.  An alliance may cover more than one

15  county when such arrangement is determined to provide for more

16  effective representation.  The community alliance shall

17  represent the diversity of the community.

18         (b)  The duties of the community alliance shall

19  include, but not necessarily be limited to:

20         1.  Joint planning for resource utilization in the

21  community, including resources appropriated to the department

22  and any funds that local funding sources choose to provide.

23         2.  Needs assessment and establishment of community

24  priorities for service delivery.

25         3.  Determining community outcome goals to supplement

26  state-required outcomes.

27         4.  Serving as a catalyst for community resource

28  development.

29         5.  Providing for community education and advocacy on

30  issues related to delivery of services.

31  


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 1         6.  Promoting prevention and early intervention

 2  services.

 3         (c)  The department shall ensure, to the greatest

 4  extent possible, that the formation of each community alliance

 5  builds on the strengths of the existing community human

 6  services infrastructure.

 7         (d)  The initial membership of the community alliance

 8  in a county shall be composed of the following:

 9         1.  The district administrator.

10         2.  A representative from county government.

11         3.  A representative from the school district.

12         4.  A representative from the county United Way.

13         5.  A representative from the county sheriff's office.

14         6.  A representative from the circuit court

15  corresponding to the county.

16         7.  A representative from the county children's board,

17  if one exists.

18         (e)  At any time after the initial meeting of the

19  community alliance, the community alliance shall adopt bylaws

20  and may increase the membership of the alliance to include the

21  state attorney for the judicial circuit in which the community

22  alliance is located, or his or her designee, the public

23  defender for the judicial circuit in which the community

24  alliance is located, or his or her designee, and other

25  individuals and organizations who represent funding

26  organizations, are community leaders, have knowledge of

27  community-based service issues, or otherwise represent

28  perspectives that will enable them to accomplish the duties

29  listed in paragraph (b), if, in the judgment of the alliance,

30  such change is necessary to adequately represent the diversity

31  


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 1  of the population within the community alliance service

 2  districts.

 3         (f)  A member of the community alliance, other than a

 4  member specified in paragraph (d), may not receive payment for

 5  contractual services from the department or a community-based

 6  care lead agency.

 7         (g)(f)  Members of the community alliances shall serve

 8  without compensation, but are entitled to receive

 9  reimbursement for per diem and travel expenses, as provided in

10  s. 112.061. Payment may also be authorized for preapproved

11  child care expenses or lost wages for members who are

12  consumers of the department's services and for preapproved

13  child care expenses for other members who demonstrate

14  hardship.

15         (h)(g)  Members of a community alliance are subject to

16  the provisions of part III of chapter 112, the Code of Ethics

17  for Public Officers and Employees.

18         (i)(h)  Actions taken by a community alliance must be

19  consistent with department policy and state and federal laws,

20  rules, and regulations.

21         (j)(i)  Alliance members shall annually submit a

22  disclosure statement of services interests to the department's

23  inspector general. Any member who has an interest in a matter

24  under consideration by the alliance must abstain from voting

25  on that matter.

26         (k)(j)  All alliance meetings are open to the public

27  pursuant to s. 286.011 and the public records provision of s.

28  119.07(1).

29         Section 2.  Paragraph (e) of subsection (1) and

30  subsections (4), (7), and (8) of section 409.1671, Florida

31  Statutes, as amended by section 27 of chapter 2003-399, Laws


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 1  of Florida, are amended, paragraph (e) is added to subsection

 2  (3) of that section, and subsection (10) is added to that

 3  section, to read:

 4         409.1671  Foster care and related services;

 5  privatization.--

 6         (1)

 7         (e)  As used in this section, the term "eligible lead

 8  community-based provider" means a single agency with which the

 9  department shall contract for the provision of child

10  protective services in a community that is no smaller than a

11  county. The secretary of the department may authorize more

12  than one eligible lead community-based provider within a

13  single county when to do so will result in more effective

14  delivery of foster care and related services. To compete for a

15  privatization project, such agency must have:

16         1.  The ability to coordinate, integrate, and manage

17  all child protective services in the designated community in

18  cooperation with child protective investigations.

19         2.  The ability to ensure continuity of care from entry

20  to exit for all children referred from the protective

21  investigation and court systems.

22         3.  The ability to provide directly, or contract for

23  through a local network of providers, all necessary child

24  protective services. Such agencies should directly provide no

25  more than 35 percent of all child protective services

26  provided.

27         4.  The willingness to accept accountability for

28  meeting the outcomes and performance standards related to

29  child protective services established by the Legislature and

30  the Federal Government.

31  


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 1         5.  The capability and the willingness to serve all

 2  children referred to it from the protective investigation and

 3  court systems, regardless of the level of funding allocated to

 4  the community by the state, provided all related funding is

 5  transferred.

 6         6.  The willingness to ensure that each individual who

 7  provides child protective services completes the training

 8  required of child protective service workers by the Department

 9  of Children and Family Services.

10         7.  The ability to maintain eligibility to receive all

11  federal child welfare funds, including Title IV-E and IV-A

12  funds, currently being used by the Department of Children and

13  Family Services.

14         8.  Written agreements with Healthy Families Florida

15  lead entities in their community, pursuant to s. 409.153, to

16  promote cooperative planning for the provision of prevention

17  and intervention services.

18         9.  A board of directors, of which at least 51 percent

19  of the membership is comprised of persons residing in this

20  state. Of the state residents, at least 51 percent must also

21  reside within the service area of the lead community-based

22  provider.

23         (3)

24         (e)  Each contract with an eligible lead

25  community-based provider must include all performance outcome

26  measures established by the Legislature and that are under the

27  control of the lead agency. The standards must be adjusted

28  annually by contract amendment to enable the department to

29  meet the legislatively-established statewide standards.

30         (4)(a)  The department, in consultation with the

31  community-based agencies that are undertaking the privatized


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 1  projects, shall establish a quality assurance program for

 2  privatized services. The quality assurance program shall be

 3  based on standards established by the Adoption and Safe

 4  Families Act as well as by a national accrediting organization

 5  such as the Council on Accreditation of Services for Families

 6  and Children, Inc. (COA) or CARF--the Rehabilitation

 7  Accreditation Commission. The department may develop a request

 8  for proposal for such oversight. This program must be

 9  developed and administered at a statewide level. The

10  Legislature intends that the department be permitted to have

11  limited flexibility to use funds for improving quality

12  assurance. To this end, the department may transfer up to

13  0.125 percent of the total funds from categories used to pay

14  for these contractually provided services, but the total

15  amount of such transferred funds may not exceed $300,000 in

16  any fiscal year. When necessary, the department may establish,

17  in accordance with s. 216.177, additional positions that will

18  be exclusively devoted to these functions. Any positions

19  required under this paragraph may be established,

20  notwithstanding ss. 216.262(1)(a) and 216.351. The department,

21  in consultation with the community-based agencies that are

22  undertaking the privatized projects, shall establish minimum

23  thresholds for each component of service, consistent with

24  standards established by the Legislature and the Federal

25  Government. Each program operated under contract with a

26  community-based agency must be evaluated annually by the

27  department. The department shall, to the extent possible, use

28  independent financial audits provided by the community-based

29  care agency to eliminate or reduce the ongoing contract and

30  administrative reviews conducted by the department. The

31  department may suggest additional items to be included in such


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 1  independent financial audits to meet the department's needs.

 2  Should the department determine that such independent

 3  financial audits are inadequate, then other audits, as

 4  necessary, may be conducted by the department. Nothing herein

 5  shall abrogate the requirements of s. 215.97. The department

 6  shall submit an annual report regarding quality performance,

 7  outcome measure attainment, and cost efficiency to the

 8  President of the Senate, the Speaker of the House of

 9  Representatives, the minority leader of each house of the

10  Legislature, and the Governor no later than January 31 of each

11  year for each project in operation during the preceding fiscal

12  year.

13         (b)  The department shall use these findings in making

14  recommendations to the Governor and the Legislature for future

15  program and funding priorities in the child welfare system.

16         (7)  The Florida Coalition for Children, Inc., in

17  consultation with the department, shall develop a plan based

18  on an independent actuarial study regarding the long-term use

19  and structure of a statewide community-based care risk pool

20  for the protection of eligible lead community-based providers,

21  their subcontractors, and providers of other social services

22  who contract directly with the department. The plan must also

23  outline strategies to maximize federal earnings as they relate

24  to the community-based care risk pool. At a minimum, the plan

25  must allow for the use of federal earnings received from child

26  welfare programs to be allocated to the community-based care

27  risk pool by the department, which earnings are determined by

28  the department to be in excess of the amount appropriated in

29  the General Appropriations Act. The plan must specify the

30  necessary steps to ensure the financial integrity and

31  industry-standard risk management practices of the


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 1  community-based care risk pool and the continued availability

 2  of funding from federal, state, and local sources. The plan

 3  must also include recommendations that permit the program to

 4  be available to entities of the department providing child

 5  welfare services until full conversion to community-based care

 6  takes place. The final plan shall be submitted to the

 7  department and then to the Executive Office of the Governor

 8  and the Legislative Budget Commission for formal adoption

 9  before January 1, 2005. Upon approval of the plan by all

10  parties, the department shall issue an interest-free loan that

11  is secured by the cumulative contractual revenue of the

12  community-based care risk pool membership, and the amount of

13  the loan shall equal the amount appropriated by the

14  Legislature for this purpose. The plan shall provide for a

15  governance structure that assures the department the ability

16  to oversee the operation of the community-based care risk pool

17  at least until this loan is repaid in full.

18         (a)  The purposes for which the community-based care

19  risk pool shall be used include, but are not limited to:

20         1.  Significant changes in the number or composition of

21  clients eligible to receive services.

22         2.  Significant changes in the services that are

23  eligible for reimbursement.

24         3.  Scheduled or unanticipated, but necessary, advances

25  to providers or other cash-flow issues.

26         4.  Proposals to participate in optional Medicaid

27  services or other federal grant opportunities.

28         5.  Appropriate incentive structures.

29         6.  Continuity of care in the event of failure,

30  discontinuance of service, or financial misconduct by a lead

31  agency.


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 1         7.  Payment for time-limited technical assistance and

 2  consultation to lead agencies in the event of serious

 3  performance or management problems.

 4         8.  Payment for meeting all traditional and

 5  nontraditional insurance needs of eligible members.

 6         9.  Significant changes in the mix of available funds.

 7         (b)  After approval of the plan in the 2004-2005 fiscal

 8  year and annually thereafter, the department may also request

 9  in its annual legislative budget request, and the Governor may

10  recommend, that the funding necessary to carry out paragraph

11  (a) be appropriated to the department. Subsequent funding of

12  the community-based care risk pool shall be supported by

13  premiums assessed to members of the community-based care risk

14  pool on a recurring basis. The community-based care risk pool

15  may invest and retain interest earned on these funds. In

16  addition, the department may transfer funds to the

17  community-based care risk pool as available in order to ensure

18  an adequate funding level if the fund is declared to be

19  insolvent and approval is granted by the Legislative Budget

20  Commission. Such payments for insolvency shall be made only

21  after a determination is made by the department or its actuary

22  that all participants in the community-based care risk pool

23  are current in their payments of premiums and that assessments

24  have been made at an actuarially sound level. Such payments by

25  participants in the community-based care risk pool may not

26  exceed reasonable industry standards, as determined by the

27  actuary. Money from this fund may be used to match available

28  federal dollars. Dividends or other payments, with the

29  exception of legitimate claims, may not be paid to members of

30  the community-based care risk pool until the loan issued by

31  the department is repaid in full. Dividends or other payments,


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 1  with the exception of legitimate claims and other purposes

 2  contained in the approved plan, may not be paid to members of

 3  the community-based care risk pool unless, at the time of

 4  distribution, the community-based care risk pool is deemed

 5  actuarially sound and solvent. Solvency shall be determined by

 6  an independent actuary contracted by the department. The plan

 7  shall be developed in consultation with the Office of

 8  Insurance Regulation.

 9         1.  Such funds shall constitute partial security for

10  contract performance by lead agencies and shall be used to

11  offset the need for a performance bond. Subject to the

12  approval of the plan, the community-based care risk pool shall

13  be managed by the Florida Coalition for Children, Inc., or the

14  designated contractors of the Florida Coalition for Children,

15  Inc. Nonmembers of the community-based care risk pool may

16  continue to contract with the department, but must provide a

17  letter of credit equal to one-twelfth of the annual contract

18  amount in lieu of membership in the community-based care risk

19  pool.

20         2.  The department may separately require a bond to

21  mitigate the financial consequences of potential acts of

22  malfeasance, misfeasance, or criminal violations by the

23  provider.

24         (7)  The department, in consultation with existing lead

25  agencies, shall develop a proposal regarding the long-term use

26  and structure of a statewide shared earnings program which

27  addresses the financial risk to eligible lead community-based

28  providers resulting from unanticipated caseload growth or from

29  significant changes in client mixes or services eligible for

30  federal reimbursement. The recommendations in the statewide

31  proposal must also be available to entities of the department


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 1  until the conversion to community-based care takes place. At a

 2  minimum, the proposal must allow for use of federal earnings

 3  received from child welfare programs, which earnings are

 4  determined by the department to be in excess of the amount

 5  appropriated in the General Appropriations Act, to be used for

 6  specific purposes. These purposes include, but are not limited

 7  to:

 8         (a)  Significant changes in the number or composition

 9  of clients eligible to receive services.

10         (b)  Significant changes in the services that are

11  eligible for reimbursement.

12         (c)  Significant changes in the availability of federal

13  funds.

14         (d)  Shortfalls in state funds available for eligible

15  or ineligible services.

16         (e)  Significant changes in the mix of available funds.

17         (f)  Scheduled or unanticipated, but necessary,

18  advances to providers or other cash-flow issues.

19         (g)  Proposals to participate in optional Medicaid

20  services or other federal grant opportunities.

21         (h)  Appropriate incentive structures.

22         (i)  Continuity of care in the event of lead agency

23  failure, discontinuance of service, or financial misconduct.

24  

25  The department shall further specify the necessary steps to

26  ensure the financial integrity of these dollars and their

27  continued availability on an ongoing basis. The final proposal

28  shall be submitted to the Legislative Budget Commission for

29  formal adoption before December 31, 2002. If the Legislative

30  Budget Commission refuses to concur with the adoption of the

31  proposal, the department shall present its proposal in the


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 1  form of recommended legislation to the President of the Senate

 2  and the Speaker of the House of Representatives before the

 3  commencement of the next legislative session. For fiscal year

 4  2003-2004 and annually thereafter, the Department of Children

 5  and Family Services may request in its legislative budget

 6  request, and the Governor may recommend, the funding necessary

 7  to carry out paragraph (i) from excess federal earnings. The

 8  General Appropriations Act shall include any funds

 9  appropriated for this purpose in a lump sum in the

10  Administered Funds Program, which funds constitute partial

11  security for lead agency contract performance. The department

12  shall use this appropriation to offset the need for a

13  performance bond for that year after a comparison of risk to

14  the funds available. In no event shall this performance bond

15  exceed 2.5 percent of the annual contract value. The

16  department may separately require a bond to mitigate the

17  financial consequences of potential acts of malfeasance,

18  misfeasance, or criminal violations by the provider. Prior to

19  the release of any funds in the lump sum, the department shall

20  submit a detailed operational plan, which must identify the

21  sources of specific trust funds to be used. The release of the

22  trust fund shall be subject to the notice and review

23  provisions of s. 216.177. However, the release shall not

24  require approval of the Legislative Budget Commission.

25         (8)  Notwithstanding the provisions of s. 215.425, all

26  documented federal funds earned for the current fiscal year by

27  the department and community-based agencies which exceed the

28  amount appropriated by the Legislature shall be distributed to

29  all entities that contributed to the excess earnings based on

30  a schedule and methodology developed by the department and

31  approved by the Executive Office of the Governor. Distribution


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 1  shall be pro rata based on total earnings and shall be made

 2  only to those entities that contributed to excess earnings.

 3  Excess earnings of community-based agencies shall be used only

 4  in the service district in which they were earned. Additional

 5  state funds appropriated by the Legislature for

 6  community-based agencies or made available pursuant to the

 7  budgetary amendment process described in s. 216.177 shall be

 8  transferred to the community-based agencies. The department

 9  shall amend a community-based agency's contract to permit

10  expenditure of the funds. The distribution program applies

11  only to entities that were under privatization contracts as of

12  July 1, 2002.

13         (10)  The lead community-based providers and their

14  subcontractors shall be exempt from state travel policies as

15  set forth in s. 112.061(3)(a) for their travel expenses

16  incurred in order to comply with the requirements of this

17  section.

18         Section 3.  Section 39.0016, Florida Statutes, is

19  created to read:

20         39.0016  Education of abused, neglected, and abandoned

21  children.--

22         (1)  As used in this section, the term:

23         (a)  "Children known to the department" means children

24  who are found to be dependent or children in shelter care.

25         (b)  "Department" means the Department of Children and

26  Family Services or a community-based care lead agency acting

27  on behalf of the Department of Children and Family Services,

28  as appropriate.

29         (2)  The provisions of this section establish goals and

30  not rights. This section does not require the delivery of any

31  particular service or level of service in excess of existing


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 1  appropriations. A person may not maintain a cause of action

 2  against the state or any of its subdivisions, agencies,

 3  contractors, subcontractors, or agents based upon this section

 4  becoming law or failure by the Legislature to provide adequate

 5  funding for the achievement of these goals. This section does

 6  not require the expenditure of funds to meet the goals

 7  established in this section except funds specifically

 8  appropriated for such purpose.

 9         (3)  The department shall enter into an agreement with

10  the Department of Education regarding the education and

11  related care of children known to the department. Such

12  agreement shall be designed to provide educational access to

13  children known to the department for the purpose of

14  facilitating the delivery of services or programs to children

15  known to the department. The agreement shall avoid duplication

16  of services or programs and shall provide for combining

17  resources to maximize the availability or delivery of services

18  or programs.

19         (4)  The department shall enter into agreements with

20  district school boards or other local educational entities

21  regarding education and related services for children known to

22  the department who are of school age and children known to the

23  department who are younger than school age but who would

24  otherwise qualify for services from the district school board.

25  Such agreements shall include, but are not limited to:

26         (a)  A requirement that the department shall:

27         1.  Enroll children known to the department in school.

28  The agreement shall provide for continuing the enrollment of a

29  child known to the department at the same school, if possible,

30  with the goal of avoiding disruption of education.

31  


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 1         2.  Notify the school and school district in which a

 2  child known to the department is enrolled of the name and

 3  phone number of the child known to the department caregiver

 4  and caseworker for child safety purposes.

 5         3.  Establish a protocol for the department to share

 6  information about a child known to the department with the

 7  school district, consistent with the Family Educational Rights

 8  and Privacy Act, since the sharing of information will assist

 9  each agency in obtaining education and related services for

10  the benefit of the child.

11         4.  Notify the school district of the department's case

12  planning for a child known to the department, both at the time

13  of plan development and plan review. Within the plan

14  development or review process, the school district may provide

15  information regarding the child known to the department if the

16  school district deems it desirable and appropriate.

17         (b)  A requirement that the district school board

18  shall:

19         1.  Provide the department with a general listing of

20  the services and information available from the district

21  school board, including, but not limited to, the current

22  Sunshine State Standards, the Surrogate Parent Training

23  Manual, and other resources accessible through the Department

24  of Education or local school districts to facilitate

25  educational access for a child known to the department.

26         2.  Identify all educational and other services

27  provided by the school and school district which the school

28  district believes are reasonably necessary to meet the

29  educational needs of a child known to the department.

30         3.  Determine whether transportation is available for a

31  child known to the department when such transportation will


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 1  avoid a change in school assignment due to a change in

 2  residential placement. Recognizing that continued enrollment

 3  in the same school throughout the time the child known to the

 4  department is in out-of-home care is preferable unless

 5  enrollment in the same school would be unsafe or otherwise

 6  impractical, the department, the district school board, and

 7  the Department of Education shall assess the availability of

 8  federal, charitable, or grant funding for such transportation.

 9         4.  Provide individualized student intervention or an

10  individual educational plan when a determination has been made

11  through legally appropriate criteria that intervention

12  services are required. The intervention or individual

13  educational plan must include strategies to enable the child

14  known to the department to maximize the attainment of

15  educational goals.

16         (c)  A requirement that the department and the district

17  school board shall cooperate in accessing the services and

18  supports needed for a child known to the department who has or

19  is suspected of having a disability to receive an appropriate

20  education consistent with the Individuals with Disabilities

21  Education Act and state implementing laws, rules, and

22  assurances. Coordination of services for a child known to the

23  department who has or is suspected of having a disability may

24  include:

25         1.  Referral for screening.

26         2.  Sharing of evaluations between the school district

27  and the department where appropriate.

28         3.  Provision of education and related services

29  appropriate for the needs and abilities of the child known to

30  the department.

31  


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    CS for CS for CS for SB 1698                   First Engrossed



 1         4.  Coordination of services and plans between the

 2  school and the residential setting to avoid duplication or

 3  conflicting service plans.

 4         5.  Appointment of a surrogate parent, consistent with

 5  the Individuals with Disabilities Education Act, for

 6  educational purposes for a child known to the department who

 7  qualifies as soon as the child is determined to be dependent

 8  and without a parent to act for the child. The surrogate

 9  parent shall be appointed by the school district without

10  regard to where the child known to the department is placed so

11  that one surrogate parent can follow the education of the

12  child known to the department during his or her entire time in

13  state custody.

14         6.  For each child known to the department 14 years of

15  age and older, transition planning by the department and all

16  providers, including the department's independent living

17  program staff, to meet the requirements of the local school

18  district for educational purposes.

19         (5)  The department shall incorporate an education

20  component into all training programs of the department

21  regarding children known to the department. Such training

22  shall be coordinated with the Department of Education and the

23  local school districts. The department shall offer

24  opportunities for education personnel to participate in such

25  training. Such coordination shall include, but not be limited

26  to, notice of training sessions, opportunities to purchase

27  training materials, proposals to avoid duplication of services

28  by offering joint training, and incorporation of materials

29  available from the Department of Education and local school

30  districts into the department training when appropriate. The

31  department training components shall include:


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    CS for CS for CS for SB 1698                   First Engrossed



 1         (a)  Training for surrogate parents to include how an

 2  ability to learn of a child known to the department is

 3  affected by abuse, abandonment, neglect, and removal from the

 4  home.

 5         (b)  Training for parents in cases in which

 6  reunification is the goal, or for preadoptive parents when

 7  adoption is the goal, so that such parents learn how to access

 8  the services the child known to the department needs and the

 9  importance of their involvement in the education of the child

10  known to the department.

11         (c)  Training for caseworkers and foster parents to

12  include information on the right of the child known to the

13  department to an education, the role of an education in the

14  development and adjustment of a child known to the department,

15  the proper ways to access education and related services for

16  the child known to the department, and the importance and

17  strategies for parental involvement in education for the

18  success of the child known to the department.

19         (d)  Training of caseworkers regarding the services and

20  information available through the Department of Education and

21  local school districts, including, but not limited to, the

22  current Sunshine State Standards, the Surrogate Parent

23  Training Manual, and other resources accessible through the

24  Department of Education or local school districts to

25  facilitate educational access for a child known to the

26  department.

27         Section 4.  Paragraph (d) of subsection (3) of section

28  1002.22, Florida Statutes, is amended to read:

29         1002.22  Student records and reports; rights of parents

30  and students; notification; penalty.--

31  


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    CS for CS for CS for SB 1698                   First Engrossed



 1         (3)  RIGHTS OF PARENT OR STUDENT.--The parent of any

 2  student who attends or has attended any public school, area

 3  technical center, or public postsecondary educational

 4  institution shall have the following rights with respect to

 5  any records or reports created, maintained, and used by any

 6  public educational institution in the state.  However,

 7  whenever a student has attained 18 years of age, or is

 8  attending a postsecondary educational institution, the

 9  permission or consent required of, and the rights accorded to,

10  the parents of the student shall thereafter be required of and

11  accorded to the student only, unless the student is a

12  dependent student of such parents as defined in 26 U.S.C. s.

13  152 (s. 152 of the Internal Revenue Code of 1954). The State

14  Board of Education shall adopt rules whereby parents or

15  students may exercise these rights:

16         (d)  Right of privacy.--Every student shall have a

17  right of privacy with respect to the educational records kept

18  on him or her. Personally identifiable records or reports of a

19  student, and any personal information contained therein, are

20  confidential and exempt from the provisions of s. 119.07(1).

21  A No state or local educational agency, board, public school,

22  technical center, or public postsecondary educational

23  institution may not shall permit the release of such records,

24  reports, or information without the written consent of the

25  student's parent, or of the student himself or herself if he

26  or she is qualified as provided in this subsection, to any

27  individual, agency, or organization.  However, personally

28  identifiable records or reports of a student may be released

29  to the following persons or organizations without the consent

30  of the student or the student's parent:

31  


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 1         1.  Officials of schools, school systems, technical

 2  centers, or public postsecondary educational institutions in

 3  which the student seeks or intends to enroll; and a copy of

 4  such records or reports shall be furnished to the parent or

 5  student upon request.

 6         2.  Other school officials, including teachers within

 7  the educational institution or agency, who have legitimate

 8  educational interests in the information contained in the

 9  records.

10         3.  The United States Secretary of Education, the

11  Director of the National Institute of Education, the Assistant

12  Secretary for Education, the Comptroller General of the United

13  States, or state or local educational authorities who are

14  authorized to receive such information subject to the

15  conditions set forth in applicable federal statutes and

16  regulations of the United States Department of Education, or

17  in applicable state statutes and rules of the State Board of

18  Education.

19         4.  Other school officials, in connection with a

20  student's application for or receipt of financial aid.

21         5.  Individuals or organizations conducting studies for

22  or on behalf of an institution or a board of education for the

23  purpose of developing, validating, or administering predictive

24  tests, administering student aid programs, or improving

25  instruction, if such studies are conducted in such a manner as

26  will not permit the personal identification of students and

27  their parents by persons other than representatives of such

28  organizations and if such information will be destroyed when

29  no longer needed for the purpose of conducting such studies.

30         6.  Accrediting organizations, in order to carry out

31  their accrediting functions.


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 1         7.  School readiness coalitions and the Florida

 2  Partnership for School Readiness in order to carry out their

 3  assigned duties.

 4         8.  For use as evidence in student expulsion hearings

 5  conducted by a district school board pursuant to the

 6  provisions of chapter 120.

 7         9.  Appropriate parties in connection with an

 8  emergency, if knowledge of the information in the student's

 9  educational records is necessary to protect the health or

10  safety of the student or other individuals.

11         10.  The Auditor General and the Office of Program

12  Policy Analysis and Government Accountability in connection

13  with their official functions; however, except when the

14  collection of personally identifiable information is

15  specifically authorized by law, any data collected by the

16  Auditor General and the Office of Program Policy Analysis and

17  Government Accountability is confidential and exempt from the

18  provisions of s. 119.07(1) and shall be protected in such a

19  way as will not permit the personal identification of students

20  and their parents by other than the Auditor General, the

21  Office of Program Policy Analysis and Government

22  Accountability, and their staff, and such personally

23  identifiable data shall be destroyed when no longer needed for

24  the Auditor General's and the Office of Program Policy

25  Analysis and Government Accountability's official use.

26         11.a.  A court of competent jurisdiction in compliance

27  with an order of that court or the attorney of record pursuant

28  to a lawfully issued subpoena, upon the condition that the

29  student and the student's parent are notified of the order or

30  subpoena in advance of compliance therewith by the educational

31  institution or agency.


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 1         b.  A person or entity pursuant to a court of competent

 2  jurisdiction in compliance with an order of that court or the

 3  attorney of record pursuant to a lawfully issued subpoena,

 4  upon the condition that the student, or his or her parent if

 5  the student is either a minor and not attending a

 6  postsecondary educational institution or a dependent of such

 7  parent as defined in 26 U.S.C. s. 152 (s. 152 of the Internal

 8  Revenue Code of 1954), is notified of the order or subpoena in

 9  advance of compliance therewith by the educational institution

10  or agency.

11         12.  Credit bureaus, in connection with an agreement

12  for financial aid that the student has executed, provided that

13  such information may be disclosed only to the extent necessary

14  to enforce the terms or conditions of the financial aid

15  agreement. Credit bureaus shall not release any information

16  obtained pursuant to this paragraph to any person.

17         13.  Parties to an interagency agreement among the

18  Department of Juvenile Justice, school and law enforcement

19  authorities, and other signatory agencies for the purpose of

20  reducing juvenile crime and especially motor vehicle theft by

21  promoting cooperation and collaboration, and the sharing of

22  appropriate information in a joint effort to improve school

23  safety, to reduce truancy and in-school and out-of-school

24  suspensions, and to support alternatives to in-school and

25  out-of-school suspensions and expulsions that provide

26  structured and well-supervised educational programs

27  supplemented by a coordinated overlay of other appropriate

28  services designed to correct behaviors that lead to truancy,

29  suspensions, and expulsions, and that support students in

30  successfully completing their education.  Information provided

31  in furtherance of such interagency agreements is intended


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 1  solely for use in determining the appropriate programs and

 2  services for each juvenile or the juvenile's family, or for

 3  coordinating the delivery of such programs and services, and

 4  as such is inadmissible in any court proceedings prior to a

 5  dispositional hearing unless written consent is provided by a

 6  parent or other responsible adult on behalf of the juvenile.

 7         14.  Consistent with the Family Educational Rights and

 8  Privacy Act, the Department of Children and Family Services or

 9  a community-based care lead agency acting on behalf of the

10  Department of Children and Family Services, as appropriate.

11  

12  This paragraph does not prohibit any educational institution

13  from publishing and releasing to the general public directory

14  information relating to a student if the institution elects to

15  do so.  However, no educational institution shall release, to

16  any individual, agency, or organization that is not listed in

17  subparagraphs 1.-14. 1.-13., directory information relating to

18  the student body in general or a portion thereof unless it is

19  normally published for the purpose of release to the public in

20  general.  Any educational institution making directory

21  information public shall give public notice of the categories

22  of information that it has designated as directory information

23  with respect to all students attending the institution and

24  shall allow a reasonable period of time after such notice has

25  been given for a parent or student to inform the institution

26  in writing that any or all of the information designated

27  should not be released.

28         Section 5.  This act shall take effect July 1, 2004.

29  

30  

31  


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