HB 0279CS

CHAMBER ACTION



1The Committee on Education K-20 recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to the education of children found to be
7dependent or in shelter care; creating s. 39.0016, F.S.;
8providing definitions; providing for interpretation of the
9act; requiring an agreement between the Department of
10Children and Family Services and the Department of
11Education to facilitate the delivery of services or
12programs to children known to the department; requiring
13the Department of Children and Family Services to enter
14into agreements with district school boards or other local
15educational entities regarding education and related
16services for children known to the department; specifying
17provisions of such agreements; requiring education
18training components; amending s. 1002.22, F.S.;
19authorizing access to student records; providing an
20effective date.
21
22Be It Enacted by the Legislature of the State of Florida:
23
24     Section 1.  Section 39.0016, Florida Statutes, is created
25to read:
26     39.0016  Education of children known to the department.--
27     (1)  As used in this section, the term:
28     (a)  "Child known to the department" means a child who is
29found to be dependent or a child in shelter care.
30     (b)  "Department" means the Department of Children and
31Family Services or a community-based care lead agency acting on
32behalf of the Department of Children and Family Services, as
33appropriate.
34     (2)  The provisions of this section establish goals and not
35rights. Nothing in this section shall be interpreted as
36requiring the delivery of any particular service or level of
37service in excess of existing appropriations. No person shall
38have a cause of action against the state or any of its
39subdivisions, agencies, contractors, subcontractors, or agents
40based upon this section becoming law or failure by the
41Legislature to provide adequate funding for the achievement of
42these goals. Nothing in this section shall require the
43expenditure of funds to meet the goals established in this
44section except funds specifically appropriated for such purpose.
45     (3)  The department shall enter into an agreement with the
46Department of Education regarding the education and related care
47of children known to the department. Such agreement shall be
48designed to provide educational access to children known to the
49department, for the purpose of facilitating the delivery of
50services or programs to children known to the department. The
51agreement shall avoid duplication of services or programs,
52combining resources to maximize the availability or delivery of
53services or programs.
54     (4)  The department shall enter into agreements with
55district school boards or other local educational entities
56regarding education and related services for children known to
57the department who are of school age and children known to the
58department who are younger than school age but who would
59otherwise qualify for services from the district school board.
60Such agreements shall include, but not be limited to:
61     (a)  A requirement that the department shall:
62     1.  Enroll children known to the department in school. The
63agreement shall provide for continuing the enrollment of a child
64known to the department at the same school where possible, with
65the goal of avoiding disruption of education.
66     2.  Notify the appropriate school and school district of
67the names and phone numbers of the caregiver and caseworker of a
68child known to the department for child safety purposes.
69     3.  Establish a protocol for the department to share
70information about a child known to the department with the
71school district, consistent with the Family Educational Rights
72and Privacy Act, since the sharing of information will assist
73each agency in obtaining education and related services for the
74benefit of the child known to the department.
75     4.  Notify the school district of the department's case
76planning for a child known to the department, both at the time
77of plan development and plan review. Within the plan development
78or review process, the school district may provide information
79regarding the child known to the department if the school
80district deems it desirable and appropriate.
81     (b)  A requirement that the district school board shall:
82     1.  Provide the department with a general listing of the
83services and information available from the district school
84board, including, but not limited to, the current Sunshine State
85Standards, the Surrogate Parent Training Manual, and other
86resources accessible through the Department of Education or
87local school districts to facilitate educational access for a
88child known to the department.
89     2.  Identify all educational and other school and school
90district provided services that the school district believes are
91reasonably necessary to meet the educational needs of a child
92known to the department.
93     3.  Determine whether transportation is available for a
94child known to the department when such transportation will
95avoid a change in school assignment due to a change in
96residential placement. Recognizing that continued enrollment in
97the same school throughout the time spent in out-of-home care by
98a child known to the department is preferable unless enrollment
99in the same school would be unsafe or otherwise impractical, the
100department, the district school board, and the Department of
101Education shall assess the availability of federal, charitable,
102or grant funding for such transportation.
103     4.  Provide individualized student intervention or an
104individual educational plan when a determination has been made
105through legally appropriate criteria that intervention services
106are required. The intervention or individual educational plan
107must include strategies to enable the child known to the
108department to maximize the attainment of educational goals.
109     (c)  A requirement that the department and the district
110school board shall cooperate in accessing the services and
111supports needed for a child known to the department who has or
112is suspected of having a disability to receive an appropriate
113education consistent with the Individuals with Disabilities
114Education Act and state implementing laws, rules, and
115assurances. Coordination of services for a child known to the
116department who has or is suspected of having a disability may
117include:
118     1.  Referral for screening.
119     2.  Sharing of evaluations between the school district and
120the department where appropriate.
121     3.  Provision of education and related services appropriate
122for the needs and abilities of a child known to the department.
123     4.  Coordination of services and plans between the school
124and the residential setting to avoid duplication or conflicting
125service plans.
126     5.  Appointment of a surrogate parent, consistent with the
127Individuals with Disabilities Education Act, for educational
128purposes for a child known to the department who qualifies as
129soon as the child is determined to be dependent and without a
130parent to act for the child. The surrogate parent shall be
131appointed by the school district without regard to where the
132child known to the department is placed so that one surrogate
133parent can follow the education of the child known to the
134department during his or her entire time in state custody.
135     6.  For each child known to the department who is 14 years
136of age and older, transition planning by the department and all
137providers, including the department's independent living program
138staff, to meet the requirements of the local school district for
139educational purposes.
140     (5)  The department shall incorporate an education
141component into all training programs of the department regarding
142children known to the department. Such training shall be
143coordinated with the Department of Education and the local
144school districts. The department shall offer opportunities for
145education personnel to participate in such training. Such
146coordination shall include, but not be limited to, notice of
147training sessions, opportunities to purchase training materials,
148proposals to avoid duplication of services by offering joint
149training, and incorporation of materials available from the
150Department of Education and local school districts into the
151department training when appropriate. The department training
152components shall include:
153     (a)  Training for surrogate parents to include how the
154ability to learn of a child known to the department is affected
155by abuse, abandonment, neglect, and removal from the home.
156     (b)  Training for parents in cases in which reunification
157is the goal, or for preadoptive parents when adoption is the
158goal, so that such parents learn how to access the services a
159child known to the department needs and the importance of their
160involvement in the education of a child known to the department.
161     (c)  Training for caseworkers and foster parents to include
162information on the right of a child known to the department to
163an education, the role of an education in the development and
164adjustment of a child known to the department, the proper ways
165to access education and related services for a child known to
166the department, and the importance and strategies for parental
167involvement in education for the success of a child known to the
168department.
169     (d)  Training of caseworkers regarding the services and
170information available through the Department of Education and
171local school districts, including, but not limited to, the
172current Sunshine State Standards, the Surrogate Parent Training
173Manual, and other resources accessible through the Department of
174Education or local school districts to facilitate educational
175access for a child known to the department.
176     Section 2.  Paragraph (d) of subsection (3) of section
1771002.22, Florida Statutes, is amended to read:
178     1002.22  Student records and reports; rights of parents and
179students; notification; penalty.--
180     (3)  RIGHTS OF PARENT OR STUDENT.--The parent of any
181student who attends or has attended any public school, area
182technical center, or public postsecondary educational
183institution shall have the following rights with respect to any
184records or reports created, maintained, and used by any public
185educational institution in the state. However, whenever a
186student has attained 18 years of age, or is attending a
187postsecondary educational institution, the permission or consent
188required of, and the rights accorded to, the parents of the
189student shall thereafter be required of and accorded to the
190student only, unless the student is a dependent student of such
191parents as defined in 26 U.S.C. s. 152 (s. 152 of the Internal
192Revenue Code of 1954). The State Board of Education shall adopt
193rules whereby parents or students may exercise these rights:
194     (d)  Right of privacy.--Every student shall have a right of
195privacy with respect to the educational records kept on him or
196her. Personally identifiable records or reports of a student,
197and any personal information contained therein, are confidential
198and exempt from the provisions of s. 119.07(1). No state or
199local educational agency, board, public school, technical
200center, or public postsecondary educational institution shall
201permit the release of such records, reports, or information
202without the written consent of the student's parent, or of the
203student himself or herself if he or she is qualified as provided
204in this subsection, to any individual, agency, or organization.
205However, personally identifiable records or reports of a student
206may be released to the following persons or organizations
207without the consent of the student or the student's parent:
208     1.  Officials of schools, school systems, technical
209centers, or public postsecondary educational institutions in
210which the student seeks or intends to enroll; and a copy of such
211records or reports shall be furnished to the parent or student
212upon request.
213     2.  Other school officials, including teachers within the
214educational institution or agency, who have legitimate
215educational interests in the information contained in the
216records.
217     3.  The United States Secretary of Education, the Director
218of the National Institute of Education, the Assistant Secretary
219for Education, the Comptroller General of the United States, or
220state or local educational authorities who are authorized to
221receive such information subject to the conditions set forth in
222applicable federal statutes and regulations of the United States
223Department of Education, or in applicable state statutes and
224rules of the State Board of Education.
225     4.  Other school officials, in connection with a student's
226application for or receipt of financial aid.
227     5.  Individuals or organizations conducting studies for or
228on behalf of an institution or a board of education for the
229purpose of developing, validating, or administering predictive
230tests, administering student aid programs, or improving
231instruction, if such studies are conducted in such a manner as
232will not permit the personal identification of students and
233their parents by persons other than representatives of such
234organizations and if such information will be destroyed when no
235longer needed for the purpose of conducting such studies.
236     6.  Accrediting organizations, in order to carry out their
237accrediting functions.
238     7.  School readiness coalitions and the Florida Partnership
239for School Readiness in order to carry out their assigned
240duties.
241     8.  For use as evidence in student expulsion hearings
242conducted by a district school board pursuant to the provisions
243of chapter 120.
244     9.  Appropriate parties in connection with an emergency, if
245knowledge of the information in the student's educational
246records is necessary to protect the health or safety of the
247student or other individuals.
248     10.  The Auditor General and the Office of Program Policy
249Analysis and Government Accountability in connection with their
250official functions; however, except when the collection of
251personally identifiable information is specifically authorized
252by law, any data collected by the Auditor General and the Office
253of Program Policy Analysis and Government Accountability is
254confidential and exempt from the provisions of s. 119.07(1) and
255shall be protected in such a way as will not permit the personal
256identification of students and their parents by other than the
257Auditor General, the Office of Program Policy Analysis and
258Government Accountability, and their staff, and such personally
259identifiable data shall be destroyed when no longer needed for
260the Auditor General's and the Office of Program Policy Analysis
261and Government Accountability's official use.
262     11.a.  A court of competent jurisdiction in compliance with
263an order of that court or the attorney of record pursuant to a
264lawfully issued subpoena, upon the condition that the student
265and the student's parent are notified of the order or subpoena
266in advance of compliance therewith by the educational
267institution or agency.
268     b.  A person or entity pursuant to a court of competent
269jurisdiction in compliance with an order of that court or the
270attorney of record pursuant to a lawfully issued subpoena, upon
271the condition that the student, or his or her parent if the
272student is either a minor and not attending a postsecondary
273educational institution or a dependent of such parent as defined
274in 26 U.S.C. s. 152 (s. 152 of the Internal Revenue Code of
2751954), is notified of the order or subpoena in advance of
276compliance therewith by the educational institution or agency.
277     12.  Credit bureaus, in connection with an agreement for
278financial aid that the student has executed, provided that such
279information may be disclosed only to the extent necessary to
280enforce the terms or conditions of the financial aid agreement.
281Credit bureaus shall not release any information obtained
282pursuant to this paragraph to any person.
283     13.  Parties to an interagency agreement among the
284Department of Juvenile Justice, school and law enforcement
285authorities, and other signatory agencies for the purpose of
286reducing juvenile crime and especially motor vehicle theft by
287promoting cooperation and collaboration, and the sharing of
288appropriate information in a joint effort to improve school
289safety, to reduce truancy and in-school and out-of-school
290suspensions, and to support alternatives to in-school and out-
291of-school suspensions and expulsions that provide structured and
292well-supervised educational programs supplemented by a
293coordinated overlay of other appropriate services designed to
294correct behaviors that lead to truancy, suspensions, and
295expulsions, and that support students in successfully completing
296their education. Information provided in furtherance of such
297interagency agreements is intended solely for use in determining
298the appropriate programs and services for each juvenile or the
299juvenile's family, or for coordinating the delivery of such
300programs and services, and as such is inadmissible in any court
301proceedings prior to a dispositional hearing unless written
302consent is provided by a parent or other responsible adult on
303behalf of the juvenile.
304     14.  Consistent with the Family Educational Rights and
305Privacy Act, the Department of Children and Family Services or a
306community-based lead agency acting on behalf of the Department
307of Children and Family Services, as appropriate.
308
309This paragraph does not prohibit any educational institution
310from publishing and releasing to the general public directory
311information relating to a student if the institution elects to
312do so. However, no educational institution shall release, to any
313individual, agency, or organization that is not listed in
314subparagraphs 1.-14. 1.-13., directory information relating to
315the student body in general or a portion thereof unless it is
316normally published for the purpose of release to the public in
317general. Any educational institution making directory
318information public shall give public notice of the categories of
319information that it has designated as directory information with
320respect to all students attending the institution and shall
321allow a reasonable period of time after such notice has been
322given for a parent or student to inform the institution in
323writing that any or all of the information designated should not
324be released.
325     Section 3.  This act shall take effect July 1, 2004.


CODING: Words stricken are deletions; words underlined are additions.