HB 0279 2004
1	A bill to be entitled
2	An act relating to abused, neglected, and abandoned
3	children; creating s. 39.0016, F.S., relating to the
4	education of abused, neglected, and abandoned children;
5	creating definitions; providing for interpretation of the
6	act; requiring an agreement between the Department of
7	Children and Family Services and the Department of
8	Education; requiring the Department of Children and Family
9	Services to enter into agreements with public or private
10	entities for the delivery of services or programs to
11	children known to the department; requiring agreements
12	between the Department of Children and Family Services and
13	district school boards or other local educational
14	entities; specifying provisions of such agreements;
15	requiring access to certain information; requiring
16	education training components; providing an effective
17	date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1. Section 39.0016, Florida Statutes, is created
22	to read:
23	39.0016 Education of abused, neglected, and abandoned
24	children.--
25	(1) As used in this section, the term:
26	(a) "Children known to the department" includes a child
27	who is found dependent or a child who has suffered from, or is
28	in danger of suffering from, abuse, harm, or neglect and, as a
29	result thereof, such child is in the custody of or under the
30	protective supervision of the department, whether such child is
31	in shelter care, foster care, or out-of-home care, placed with a
32	relative caregiver, or under protective supervision of the
33	department.
34	(b) "Department" means the Department of Children and
35	Family Services and community-based care lead agencies acting on
36	behalf of the department.
37	(2) The provisions of this section establish goals and not
38	rights. Nothing in this section shall be interpreted as
39	requiring the delivery of any particular service or level of
40	service in excess of existing appropriations. No person shall
41	have a cause of action against the state or any of its
42	subdivisions, agencies, contractors, subcontractors, or agents
43	based upon this section becoming law or failure by the
44	Legislature to provide adequate funding for the achievement of
45	these goals. Nothing in this section shall require the
46	expenditure of funds to meet the goals established in this
47	section except funds specifically appropriated for such purpose.
48	(3) The department shall enter into an agreement with the
49	Department of Education regarding the education and related care
50	of children known to the department. Such agreement shall be
51	designed to provide educational access to children known to the
52	department, for the purpose of facilitating the delivery of
53	services or programs to children known to the department. The
54	agreement shall avoid duplication of services or programs,
55	combining resources to maximize the availability or delivery of
56	services or programs. As required by s. 39.0014, the Department
57	of Education shall cooperate, assist, and provide information to
58	the department as necessary to carry out this agreement.
59	(4) The department shall enter into agreements with public
60	or private entities for the purpose of facilitating the delivery
61	of services or programs to children known to the department. The
62	agreements shall avoid duplication of services or programs,
63	combining resources to maximize the availability or delivery of
64	services or programs.
65	(5) The department shall enter into agreements with
66	district school boards or other local educational entities
67	regarding education and related services for children known to
68	the department who are of school age and children known to the
69	department who are younger than school age but who would
70	otherwise qualify for services from the district school board.
71	As required by s. 39.0014, district school boards shall
72	cooperate, assist, and provide information to the department
73	regarding such agreements. Such agreements shall include, but
74	not be limited to:
75	(a) A requirement that the department shall:
76	1. Enroll children known to the department in school. The
77	agreement shall provide for continuing a child's enrollment at
78	the same school where possible, with the goal of avoiding
79	disruption of education.
80	2. Notify the school and school district in which a child
81	known to the department is enrolled of the name and phone number
82	of the child's caregiver and caseworker for child safety
83	purposes.
84	3. Establish a protocol for the department to share
85	information about a child with the school district, consistent
86	with the Family Educational Rights and Privacy Act, since the
87	sharing of information will assist each agency in obtaining
88	education and related services for the benefit of the child.
89	4. Notify the school district of the department's case
90	planning for a child, both at the time of plan development and
91	plan review. Within the plan development or review process, the
92	school district may provide information regarding the child if
93	the school district deems it desirable and appropriate.
94	(b) A requirement that the district school board shall:
95	1. Provide the department with a general listing of the
96	services and information available from the district school
97	board, including, but not limited to, the current Sunshine State
98	Standards, the Surrogate Parent Training Manual, and other
99	resources accessible through the Department of Education or
100	local school districts to facilitate educational access for a
101	child known to the department.
102	2. Identify all educational and other school and school
103	district provided services that the school district believes are
104	reasonably necessary to meet the educational needs of a child
105	known to the department.
106	3. Determine whether transportation is available for a
107	child known to the department when such transportation will
108	avoid a change in school assignment due to a change in
109	residential placement. Recognizing that continued enrollment in
110	the same school throughout the child's time in out-of-home care
111	is preferable unless enrollment in the same school would be
112	unsafe or otherwise impractical, the department, the district
113	school board, and the Department of Education shall assess the
114	availability of federal, charitable, or grant funding for such
115	transportation.
116	4. Provide individualized student intervention or an
117	individual educational plan when a determination has been made
118	through legally appropriate criteria that intervention services
119	are required. The intervention or individual educational plan
120	must include strategies to enable the child to receive a high
121	school diploma.
122	(c) A requirement that the department and the district
123	school board shall cooperate in accessing the services and
124	supports needed for a child who has or is suspected of having a
125	disability to receive an appropriate education consistent with
126	the Individuals with Disabilities Education Act and state
127	implementing laws, rules, and assurances. Coordination of
128	services for a child who has or is suspected of having a
129	disability may include:
130	1. Referral for screening.
131	2. Sharing of evaluations between the school district and
132	the department where appropriate.
133	3. Provision of education and related services appropriate
134	for the child's needs and abilities.
135	4. Coordination of services and plans between the school
136	and the residential setting to avoid duplication or conflicting
137	service plans.
138	5. Appointment of a surrogate parent, consistent with the
139	Individuals with Disabilities Education Act, for educational
140	purposes for a child who qualifies as soon as the child is
141	determined to be dependent and without a parent to act for the
142	child. The surrogate parent shall be appointed by the school
143	district without regard to where the child is placed so that one
144	surrogate parent can follow the child's education during his or
145	her entire time in state custody.
146	6. For each child 14 years of age and older, transition
147	planning by the department and all providers, including the
148	department's independent living program staff, to meet the
149	requirements of the local school district for educational
150	purposes.
151	(6) The department shall incorporate an education
152	component into all training programs of the department regarding
153	children known to the department. Such training shall be
154	coordinated with the Department of Education and the local
155	school districts, and the department and school districts shall
156	cooperate, assist, and provide information to the department as
157	required by s. 39.0014. The department shall offer opportunities
158	for education personnel to participate in such training. Such
159	coordination shall include, but not be limited to, notice of
160	training sessions, opportunities to purchase training materials,
161	proposals to avoid duplication of services by offering joint
162	training, and incorporation of materials available from the
163	Department of Education and local school districts into the
164	department training when appropriate. The department training
165	components shall include:
166	(a) Training for surrogate parents to include how a
167	child's ability to learn is affected by abuse, abandonment,
168	neglect, and removal from the home.
169	(b) Training for parents in cases in which reunification
170	is the goal, or for preadoptive parents when adoption is the
171	goal, so that such parents learn how to access the services the
172	child needs and the importance of their involvement in the
173	child's education.
174	(c) Training for caseworkers and foster parents to include
175	information on the child's right to an education, the role of an
176	education in the child's development and adjustment, the proper
177	ways to access education and related services for the child, and
178	the importance and strategies for parental involvement in
179	education for the success of the child.
180	(d) Training of department contractors and school-leased
181	contractors with respect to the education of children and
182	related issues.
183	(e) Training of caseworkers regarding the services and
184	information available through the Department of Education and
185	local school districts, including, but not limited to, the
186	current Sunshine State Standards, the Surrogate Parent Training
187	Manual, and other resources accessible through the Department of
188	Education or local school districts to facilitate educational
189	access for a child known to the department.
190	Section 2. This act shall take effect July 1, 2004.