HB 0723

1
A bill to be entitled
2An act relating to foster care services; amending s. 20.19,
3F.S.; prohibiting certain members of a community alliance from
4receiving funds from the Department of Children and Family
5Services or a community-based lead agency; amending s. 409.1671,
6F.S.; providing additional requirements for an eligible lead
7community-based provider to compete for a privatization project;
8requiring contracts with lead community-based providers to
9include certain standards; revising requirements for the
10department's quality assurance program for privatized services;
11directing the Florida Coalition for Children, Inc., to develop a
12plan for a statewide risk pool for community-based providers
13that provide foster care and related services under contract
14with the department or a lead community-based provider; deleting
15a requirement that the department develop a proposal; specifying
16the requirements of the plan; extending a submission deadline;
17revising the process for plan approval; directing the department
18to issue a loan upon approval of the plan; modifying the
19purposes of the risk pool; revising the purposes for which
20funding may be recommended to the Legislature; deleting
21provisions requiring the creation of a risk pool within the
22State Treasury; revising the requirements for operating the risk
23pool; authorizing the risk pool to invest funds and retain
24interest; providing for payments upon a determination of
25insolvency; prohibiting payment of dividends until repayment of
26the loan by the department and until the risk pool is
27actuarially sound; deleting a requirement for a performance
28bond; providing for the risk pool to be managed by the Florida
29Coalition for Children, Inc., or its designated contractor;
30specifying the manner by which nonmember entities may be
31authorized to contract with the department; providing an
32exemption from state travel policies for community-based
33providers and subcontractors; creating s. 39.0016, F.S.,
34relating to the education of abused, neglected, and abandoned
35children; creating definitions; providing for interpretation of
36the act; requiring an agreement between the Department of
37Children and Family Services and the Department of Education;
38requiring agreements between the Department of Children and
39Family Services and district school boards or other local
40educational entities; specifying provisions of such agreements;
41requiring access to certain information; requiring education
42training components; amending s. 1002.22, F.S., relating to
43access to student records; authorizing the release of records to
44the Department of Children and Family Services or a community-
45based care lead agency; providing effective dates.
46
47Be It Enacted by the Legislature of the State of Florida:
48
49     Section 1.  Subsection (6) of section 20.19, Florida
50Statutes, is amended to read:
51     20.19  Department of Children and Family Services.--There
52is created a Department of Children and Family Services.
53     (6)  COMMUNITY ALLIANCES.--
54     (a)  The department shall, in consultation with local
55communities, establish a community alliance of the stakeholders,
56community leaders, client representatives and funders of human
57services in each county to provide a focal point for community
58participation and governance of community-based services.  An
59alliance may cover more than one county when such arrangement is
60determined to provide for more effective representation.  The
61community alliance shall represent the diversity of the
62community.
63     (b)  The duties of the community alliance shall include,
64but not necessarily be limited to:
65     1.  Joint planning for resource utilization in the
66community, including resources appropriated to the department
67and any funds that local funding sources choose to provide.
68     2.  Needs assessment and establishment of community
69priorities for service delivery.
70     3.  Determining community outcome goals to supplement
71state-required outcomes.
72     4.  Serving as a catalyst for community resource
73development.
74     5.  Providing for community education and advocacy on
75issues related to delivery of services.
76     6.  Promoting prevention and early intervention services.
77     (c)  The department shall ensure, to the greatest extent
78possible, that the formation of each community alliance builds
79on the strengths of the existing community human services
80infrastructure.
81     (d)  The initial membership of the community alliance in a
82county shall be composed of the following:
83     1.  The district administrator.
84     2.  A representative from county government.
85     3.  A representative from the school district.
86     4.  A representative from the county United Way.
87     5.  A representative from the county sheriff's office.
88     6.  A representative from the circuit court corresponding
89to the county.
90     7.  A representative from the county children's board, if
91one exists.
92     (e)  At any time after the initial meeting of the community
93alliance, the community alliance shall adopt bylaws and may
94increase the membership of the alliance to include the state
95attorney for the judicial circuit in which the community
96alliance is located, or his or her designee, the public defender
97for the judicial circuit in which the community alliance is
98located, or his or her designee, and other individuals and
99organizations who represent funding organizations, are community
100leaders, have knowledge of community-based service issues, or
101otherwise represent perspectives that will enable them to
102accomplish the duties listed in paragraph (b), if, in the
103judgment of the alliance, such change is necessary to adequately
104represent the diversity of the population within the community
105alliance service districts.
106     (f)  A member of the community alliance, other than a
107member specified in paragraph (d), may not receive payment for
108contractual services from the department or a community-based
109care lead agency.
110     (g)(f)  Members of the community alliances shall serve
111without compensation, but are entitled to receive reimbursement
112for per diem and travel expenses, as provided in s. 112.061.
113Payment may also be authorized for preapproved child care
114expenses or lost wages for members who are consumers of the
115department's services and for preapproved child care expenses
116for other members who demonstrate hardship.
117     (h)(g)  Members of a community alliance are subject to the
118provisions of part III of chapter 112, the Code of Ethics for
119Public Officers and Employees.
120     (i)(h)  Actions taken by a community alliance must be
121consistent with department policy and state and federal laws,
122rules, and regulations.
123     (j)(i)  Alliance members shall annually submit a disclosure
124statement of services interests to the department's inspector
125general. Any member who has an interest in a matter under
126consideration by the alliance must abstain from voting on that
127matter.
128     (k)(j)  All alliance meetings are open to the public
129pursuant to s. 286.011 and the public records provision of s.
130119.07(1).
131     Section 2.  Paragraph (e) of subsection (1) and subsections
132(4), (7), and (8) of section 409.1671, Florida Statutes, as
133amended by section 27 of chapter 2003-399, Laws of Florida, are
134amended, paragraph (e) is added to subsection (3) of that
135section, and subsection (10) is added to that section, to read:
136     409.1671  Foster care and related services; privatization.-
137-
138     (1)
139     (e)  As used in this section, the term "eligible lead
140community-based provider" means a single agency with which the
141department shall contract for the provision of child protective
142services in a community that is no smaller than a county. The
143secretary of the department may authorize more than one eligible
144lead community-based provider within a single county when to do
145so will result in more effective delivery of foster care and
146related services. To compete for a privatization project, such
147agency must have:
148     1.  The ability to coordinate, integrate, and manage all
149child protective services in the designated community in
150cooperation with child protective investigations.
151     2.  The ability to ensure continuity of care from entry to
152exit for all children referred from the protective investigation
153and court systems.
154     3.  The ability to provide directly, or contract for
155through a local network of providers, all necessary child
156protective services. Such agencies should directly provide no
157more than 35 percent of all child protective services provided.
158     4.  The willingness to accept accountability for meeting
159the outcomes and performance standards related to child
160protective services established by the Legislature and the
161Federal Government.
162     5.  The capability and the willingness to serve all
163children referred to it from the protective investigation and
164court systems, regardless of the level of funding allocated to
165the community by the state, provided all related funding is
166transferred.
167     6.  The willingness to ensure that each individual who
168provides child protective services completes the training
169required of child protective service workers by the Department
170of Children and Family Services.
171     7.  The ability to maintain eligibility to receive all
172federal child welfare funds, including Title IV-E and IV-A
173funds, currently being used by the Department of Children and
174Family Services.
175     8.  Written agreements with Healthy Families Florida lead
176entities in their community, pursuant to s. 409.153, to promote
177cooperative planning for the provision of prevention and
178intervention services.
179     9.  A board of directors, of which at least 51 percent of
180the membership is comprised of persons residing in this state.
181Of the state residents, at least 51 percent must also reside
182within the service area of the lead community-based provider.
183     (3)
184     (e)  Each contract with an eligible lead community-based
185provider must include all performance outcome measures
186established by the Legislature and that are under the control of
187the lead agency. The standards must be adjusted annually by
188contract amendment to enable the department to meet the
189legislatively-established statewide standards.
190     (4)(a)  The department, in consultation with the community-
191based agencies that are undertaking the privatized projects,
192shall establish a quality assurance program for privatized
193services. The quality assurance program shall be based on
194standards established by the Adoption and Safe Families Act as
195well as by a national accrediting organization such as the
196Council on Accreditation of Services for Families and Children,
197Inc. (COA) or CARF--the Rehabilitation Accreditation Commission.
198The department may develop a request for proposal for such
199oversight. This program must be developed and administered at a
200statewide level. The Legislature intends that the department be
201permitted to have limited flexibility to use funds for improving
202quality assurance. To this end, the department may transfer up
203to 0.125 percent of the total funds from categories used to pay
204for these contractually provided services, but the total amount
205of such transferred funds may not exceed $300,000 in any fiscal
206year. When necessary, the department may establish, in
207accordance with s. 216.177, additional positions that will be
208exclusively devoted to these functions. Any positions required
209under this paragraph may be established, notwithstanding ss.
210216.262(1)(a) and 216.351. The department, in consultation with
211the community-based agencies that are undertaking the privatized
212projects, shall establish minimum thresholds for each component
213of service, consistent with standards established by the
214Legislature and the Federal Government. Each program operated
215under contract with a community-based agency must be evaluated
216annually by the department. The department shall, to the extent
217possible, use independent financial audits provided by the
218community-based care agency to eliminate or reduce the ongoing
219contract and administrative reviews conducted by the department.
220The department may suggest additional items to be included in
221such independent financial audits to meet the department's
222needs. Should the department determine that such independent
223financial audits are inadequate, then other audits, as
224necessary, may be conducted by the department. Nothing herein
225shall abrogate the requirements of s. 215.97. The department
226shall submit an annual report regarding quality performance,
227outcome measure attainment, and cost efficiency to the President
228of the Senate, the Speaker of the House of Representatives, the
229minority leader of each house of the Legislature, and the
230Governor no later than January 31 of each year for each project
231in operation during the preceding fiscal year.
232     (b)  The department shall use these findings in making
233recommendations to the Governor and the Legislature for future
234program and funding priorities in the child welfare system.
235     (7)  The Florida Coalition for Children, Inc., in
236consultation with the department, shall develop a plan based on
237an independent actuarial study regarding the long-term use and
238structure of a statewide community-based care risk pool for the
239protection of eligible lead community-based providers, their
240subcontractors, and providers of other social services who
241contract directly with the department. The plan must also
242outline strategies to maximize federal earnings as they relate
243to the community-based care risk pool. At a minimum, the plan
244must allow for the use of federal earnings received from child
245welfare programs to be allocated to the community-based care
246risk pool by the department, which earnings are determined by
247the department to be in excess of the amount appropriated in the
248General Appropriations Act. The plan must specify the necessary
249steps to ensure the financial integrity and industry-standard
250risk management practices of the community-based care risk pool
251and the continued availability of funding from federal, state,
252and local sources. The plan must also include recommendations
253that permit the program to be available to entities of the
254department providing child welfare services until full
255conversion to community-based care takes place. The final plan
256shall be submitted to the department and then to the Executive
257Office of the Governor and the Legislative Budget Commission for
258formal adoption before January 1, 2005. Upon approval of the
259plan by all parties, the department shall issue an interest-free
260loan that is secured by the cumulative contractual revenue of
261the community-based care risk pool membership, and the amount of
262the loan shall equal the amount appropriated by the Legislature
263for this purpose. The plan shall provide for a governance
264structure that assures the department the ability to oversee the
265operation of the community-based care risk pool at least until
266this loan is repaid in full.
267     (a)  The purposes for which the community-based care risk
268pool shall be used include, but are not limited to:
269     1.  Significant changes in the number or composition of
270clients eligible to receive services.
271     2.  Significant changes in the services that are eligible
272for reimbursement.
273     3.  Scheduled or unanticipated, but necessary, advances to
274providers or other cash-flow issues.
275     4.  Proposals to participate in optional Medicaid services
276or other federal grant opportunities.
277     5.  Appropriate incentive structures.
278     6.  Continuity of care in the event of failure,
279discontinuance of service, or financial misconduct by a lead
280agency.
281     7.  Payment for time-limited technical assistance and
282consultation to lead agencies in the event of serious
283performance or management problems.
284     8.  Payment for meeting all traditional and nontraditional
285insurance needs of eligible members.
286     9.  Significant changes in the mix of available funds.
287     (b)  After approval of the plan in the 2004-2005 fiscal
288year and annually thereafter, the department may also request in
289its annual legislative budget request, and the Governor may
290recommend, that the funding necessary to carry out paragraph (a)
291be appropriated to the department. Subsequent funding of the
292community-based care risk pool shall be supported by premiums
293assessed to members of the community-based care risk pool on a
294recurring basis. The community-based care risk pool may invest
295and retain interest earned on these funds. In addition, the
296department may transfer funds to the community-based care risk
297pool as available in order to ensure an adequate funding level
298if the fund is declared to be insolvent and approval is granted
299by the Legislative Budget Commission. Such payments for
300insolvency shall be made only after a determination is made by
301the department or its actuary that all participants in the
302community-based care risk pool are current in their payments of
303premiums and that assessments have been made at an actuarially
304sound level. Such payments by participants in the community-
305based care risk pool may not exceed reasonable industry
306standards, as determined by the actuary. Money from this fund
307may be used to match available federal dollars. Dividends or
308other payments, with the exception of legitimate claims, may not
309be paid to members of the community-based care risk pool until
310the loan issued by the department is repaid in full. Dividends
311or other payments, with the exception of legitimate claims and
312other purposes contained in the approved plan, may not be paid
313to members of the community-based care risk pool unless, at the
314time of distribution, the community-based care risk pool is
315deemed actuarially sound and solvent. Solvency shall be
316determined by an independent actuary contracted by the
317department. The plan shall be developed in consultation with the
318Office of Insurance Regulation.
319     1.  Such funds shall constitute partial security for
320contract performance by lead agencies and shall be used to
321offset the need for a performance bond. Subject to the approval
322of the plan, the community-based care risk pool shall be managed
323by the Florida Coalition for Children, Inc., or the designated
324contractors of the Florida Coalition for Children, Inc.
325Nonmembers of the community-based care risk pool may continue to
326contract with the department, but must provide a letter of
327credit equal to one-twelfth of the annual contract amount in
328lieu of membership in the community-based care risk pool.
329     2.  The department may separately require a bond to
330mitigate the financial consequences of potential acts of
331malfeasance, misfeasance, or criminal violations by the
332provider.
333     (7)  The department, in consultation with existing lead
334agencies, shall develop a proposal regarding the long-term use
335and structure of a statewide shared earnings program which
336addresses the financial risk to eligible lead community-based
337providers resulting from unanticipated caseload growth or from
338significant changes in client mixes or services eligible for
339federal reimbursement. The recommendations in the statewide
340proposal must also be available to entities of the department
341until the conversion to community-based care takes place. At a
342minimum, the proposal must allow for use of federal earnings
343received from child welfare programs, which earnings are
344determined by the department to be in excess of the amount
345appropriated in the General Appropriations Act, to be used for
346specific purposes. These purposes include, but are not limited
347to:
348     (a)  Significant changes in the number or composition of
349clients eligible to receive services.
350     (b)  Significant changes in the services that are eligible
351for reimbursement.
352     (c)  Significant changes in the availability of federal
353funds.
354     (d)  Shortfalls in state funds available for eligible or
355ineligible services.
356     (e)  Significant changes in the mix of available funds.
357     (f)  Scheduled or unanticipated, but necessary, advances to
358providers or other cash-flow issues.
359     (g)  Proposals to participate in optional Medicaid services
360or other federal grant opportunities.
361     (h)  Appropriate incentive structures.
362     (i)  Continuity of care in the event of lead agency
363failure, discontinuance of service, or financial misconduct.
364
365The department shall further specify the necessary steps to
366ensure the financial integrity of these dollars and their
367continued availability on an ongoing basis. The final proposal
368shall be submitted to the Legislative Budget Commission for
369formal adoption before December 31, 2002. If the Legislative
370Budget Commission refuses to concur with the adoption of the
371proposal, the department shall present its proposal in the form
372of recommended legislation to the President of the Senate and
373the Speaker of the House of Representatives before the
374commencement of the next legislative session. For fiscal year
3752003-2004 and annually thereafter, the Department of Children
376and Family Services may request in its legislative budget
377request, and the Governor may recommend, the funding necessary
378to carry out paragraph (i) from excess federal earnings. The
379General Appropriations Act shall include any funds appropriated
380for this purpose in a lump sum in the Administered Funds
381Program, which funds constitute partial security for lead agency
382contract performance. The department shall use this
383appropriation to offset the need for a performance bond for that
384year after a comparison of risk to the funds available. In no
385event shall this performance bond exceed 2.5 percent of the
386annual contract value. The department may separately require a
387bond to mitigate the financial consequences of potential acts of
388malfeasance, misfeasance, or criminal violations by the
389provider. Prior to the release of any funds in the lump sum, the
390department shall submit a detailed operational plan, which must
391identify the sources of specific trust funds to be used. The
392release of the trust fund shall be subject to the notice and
393review provisions of s. 216.177. However, the release shall not
394require approval of the Legislative Budget Commission.
395     (8)  Notwithstanding the provisions of s. 215.425, all
396documented federal funds earned for the current fiscal year by
397the department and community-based agencies which exceed the
398amount appropriated by the Legislature shall be distributed to
399all entities that contributed to the excess earnings based on a
400schedule and methodology developed by the department and
401approved by the Executive Office of the Governor. Distribution
402shall be pro rata based on total earnings and shall be made only
403to those entities that contributed to excess earnings. Excess
404earnings of community-based agencies shall be used only in the
405service district in which they were earned. Additional state
406funds appropriated by the Legislature for community-based
407agencies or made available pursuant to the budgetary amendment
408process described in s. 216.177 shall be transferred to the
409community-based agencies. The department shall amend a
410community-based agency's contract to permit expenditure of the
411funds. The distribution program applies only to entities that
412were under privatization contracts as of July 1, 2002.
413     (10)  The lead community-based providers and their
414subcontractors shall be exempt from state travel policies as set
415forth in s. 112.061(3)(a) for their travel expenses incurred in
416order to comply with the requirements of this section.
417     Section 3.  Section 39.0016, Florida Statutes, is created
418to read:
419     39.0016  Education of abused, neglected, and abandoned
420children.--
421     (1)  As used in this section, the term:
422     (a)  "Children known to the department" means children who
423are found to be dependent or children in shelter care.
424     (b)  "Department" means the Department of Children and
425Family Services or a community-based care lead agency acting on
426behalf of the Department of Children and Family Services, as
427appropriate.
428     (2)  The provisions of this section establish goals and not
429rights. This section does not require the delivery of any
430particular service or level of service in excess of existing
431appropriations. A person may not maintain a cause of action
432against the state or any of its subdivisions, agencies,
433contractors, subcontractors, or agents based upon this section
434becoming law or failure by the Legislature to provide adequate
435funding for the achievement of these goals. This section does
436not require the expenditure of funds to meet the goals
437established in this section except funds specifically
438appropriated for such purpose.
439     (3)  The department shall enter into an agreement with the
440Department of Education regarding the education and related care
441of children known to the department. Such agreement shall be
442designed to provide educational access to children known to the
443department for the purpose of facilitating the delivery of
444services or programs to children known to the department. The
445agreement shall avoid duplication of services or programs and
446shall provide for combining resources to maximize the
447availability or delivery of services or programs.
448     (4)  The department shall enter into agreements with
449district school boards or other local educational entities
450regarding education and related services for children known to
451the department who are of school age and children known to the
452department who are younger than school age but who would
453otherwise qualify for services from the district school board.
454Such agreements shall include, but are not limited to:
455     (a)  A requirement that the department shall:
456     1.  Enroll children known to the department in school. The
457agreement shall provide for continuing the enrollment of a child
458known to the department at the same school, if possible, with
459the goal of avoiding disruption of education.
460     2.  Notify the school and school district in which a child
461known to the department is enrolled of the name and phone number
462of the child known to the department caregiver and caseworker
463for child safety purposes.
464     3.  Establish a protocol for the department to share
465information about a child known to the department with the
466school district, consistent with the Family Educational Rights
467and Privacy Act, since the sharing of information will assist
468each agency in obtaining education and related services for the
469benefit of the child.
470     4.  Notify the school district of the department's case
471planning for a child known to the department, both at the time
472of plan development and plan review. Within the plan development
473or review process, the school district may provide information
474regarding the child known to the department if the school
475district deems it desirable and appropriate.
476     (b)  A requirement that the district school board shall:
477     1.  Provide the department with a general listing of the
478services and information available from the district school
479board, including, but not limited to, the current Sunshine State
480Standards, the Surrogate Parent Training Manual, and other
481resources accessible through the Department of Education or
482local school districts to facilitate educational access for a
483child known to the department.
484     2.  Identify all educational and other services provided by
485the school and school district which the school district
486believes are reasonably necessary to meet the educational needs
487of a child known to the department.
488     3.  Determine whether transportation is available for a
489child known to the department when such transportation will
490avoid a change in school assignment due to a change in
491residential placement. Recognizing that continued enrollment in
492the same school throughout the time the child known to the
493department is in out-of-home care is preferable unless
494enrollment in the same school would be unsafe or otherwise
495impractical, the department, the district school board, and the
496Department of Education shall assess the availability of
497federal, charitable, or grant funding for such transportation.
498     4.  Provide individualized student intervention or an
499individual educational plan when a determination has been made
500through legally appropriate criteria that intervention services
501are required. The intervention or individual educational plan
502must include strategies to enable the child known to the
503department to maximize the attainment of educational goals.
504     (c)  A requirement that the department and the district
505school board shall cooperate in accessing the services and
506supports needed for a child known to the department who has or
507is suspected of having a disability to receive an appropriate
508education consistent with the Individuals with Disabilities
509Education Act and state implementing laws, rules, and
510assurances. Coordination of services for a child known to the
511department who has or is suspected of having a disability may
512include:
513     1.  Referral for screening.
514     2.  Sharing of evaluations between the school district and
515the department where appropriate.
516     3.  Provision of education and related services appropriate
517for the needs and abilities of the child known to the
518department.
519     4.  Coordination of services and plans between the school
520and the residential setting to avoid duplication or conflicting
521service plans.
522     5.  Appointment of a surrogate parent, consistent with the
523Individuals with Disabilities Education Act, for educational
524purposes for a child known to the department who qualifies as
525soon as the child is determined to be dependent and without a
526parent to act for the child. The surrogate parent shall be
527appointed by the school district without regard to where the
528child known to the department is placed so that one surrogate
529parent can follow the education of the child known to the
530department during his or her entire time in state custody.
531     6.  For each child known to the department 14 years of age
532and older, transition planning by the department and all
533providers, including the department's independent living program
534staff, to meet the requirements of the local school district for
535educational purposes.
536     (5)  The department shall incorporate an education
537component into all training programs of the department regarding
538children known to the department. Such training shall be
539coordinated with the Department of Education and the local
540school districts. The department shall offer opportunities for
541education personnel to participate in such training. Such
542coordination shall include, but not be limited to, notice of
543training sessions, opportunities to purchase training materials,
544proposals to avoid duplication of services by offering joint
545training, and incorporation of materials available from the
546Department of Education and local school districts into the
547department training when appropriate. The department training
548components shall include:
549     (a)  Training for surrogate parents to include how an
550ability to learn of a child known to the department is affected
551by abuse, abandonment, neglect, and removal from the home.
552     (b)  Training for parents in cases in which reunification
553is the goal, or for preadoptive parents when adoption is the
554goal, so that such parents learn how to access the services the
555child known to the department needs and the importance of their
556involvement in the education of the child known to the
557department.
558     (c)  Training for caseworkers and foster parents to include
559information on the right of the child known to the department to
560an education, the role of an education in the development and
561adjustment of a child known to the department, the proper ways
562to access education and related services for the child known to
563the department, and the importance and strategies for parental
564involvement in education for the success of the child known to
565the department.
566     (d)  Training of caseworkers regarding the services and
567information available through the Department of Education and
568local school districts, including, but not limited to, the
569current Sunshine State Standards, the Surrogate Parent Training
570Manual, and other resources accessible through the Department of
571Education or local school districts to facilitate educational
572access for a child known to the department.
573     Section 4.  Paragraph (d) of subsection (3) of section
5741002.22, Florida Statutes, is amended to read:
575     1002.22  Student records and reports; rights of parents and
576students; notification; penalty.--
577     (3)  RIGHTS OF PARENT OR STUDENT.--The parent of any
578student who attends or has attended any public school, area
579technical center, or public postsecondary educational
580institution shall have the following rights with respect to any
581records or reports created, maintained, and used by any public
582educational institution in the state.  However, whenever a
583student has attained 18 years of age, or is attending a
584postsecondary educational institution, the permission or consent
585required of, and the rights accorded to, the parents of the
586student shall thereafter be required of and accorded to the
587student only, unless the student is a dependent student of such
588parents as defined in 26 U.S.C. s. 152 (s. 152 of the Internal
589Revenue Code of 1954). The State Board of Education shall adopt
590rules whereby parents or students may exercise these rights:
591     (d)  Right of privacy.--Every student shall have a right of
592privacy with respect to the educational records kept on him or
593her. Personally identifiable records or reports of a student,
594and any personal information contained therein, are confidential
595and exempt from the provisions of s. 119.07(1).  A No state or
596local educational agency, board, public school, technical
597center, or public postsecondary educational institution may not
598shall permit the release of such records, reports, or
599information without the written consent of the student's parent,
600or of the student himself or herself if he or she is qualified
601as provided in this subsection, to any individual, agency, or
602organization.  However, personally identifiable records or
603reports of a student may be released to the following persons or
604organizations without the consent of the student or the
605student's parent:
606     1.  Officials of schools, school systems, technical
607centers, or public postsecondary educational institutions in
608which the student seeks or intends to enroll; and a copy of such
609records or reports shall be furnished to the parent or student
610upon request.
611     2.  Other school officials, including teachers within the
612educational institution or agency, who have legitimate
613educational interests in the information contained in the
614records.
615     3.  The United States Secretary of Education, the Director
616of the National Institute of Education, the Assistant Secretary
617for Education, the Comptroller General of the United States, or
618state or local educational authorities who are authorized to
619receive such information subject to the conditions set forth in
620applicable federal statutes and regulations of the United States
621Department of Education, or in applicable state statutes and
622rules of the State Board of Education.
623     4.  Other school officials, in connection with a student's
624application for or receipt of financial aid.
625     5.  Individuals or organizations conducting studies for or
626on behalf of an institution or a board of education for the
627purpose of developing, validating, or administering predictive
628tests, administering student aid programs, or improving
629instruction, if such studies are conducted in such a manner as
630will not permit the personal identification of students and
631their parents by persons other than representatives of such
632organizations and if such information will be destroyed when no
633longer needed for the purpose of conducting such studies.
634     6.  Accrediting organizations, in order to carry out their
635accrediting functions.
636     7.  School readiness coalitions and the Florida Partnership
637for School Readiness in order to carry out their assigned
638duties.
639     8.  For use as evidence in student expulsion hearings
640conducted by a district school board pursuant to the provisions
641of chapter 120.
642     9.  Appropriate parties in connection with an emergency, if
643knowledge of the information in the student's educational
644records is necessary to protect the health or safety of the
645student or other individuals.
646     10.  The Auditor General and the Office of Program Policy
647Analysis and Government Accountability in connection with their
648official functions; however, except when the collection of
649personally identifiable information is specifically authorized
650by law, any data collected by the Auditor General and the Office
651of Program Policy Analysis and Government Accountability is
652confidential and exempt from the provisions of s. 119.07(1) and
653shall be protected in such a way as will not permit the personal
654identification of students and their parents by other than the
655Auditor General, the Office of Program Policy Analysis and
656Government Accountability, and their staff, and such personally
657identifiable data shall be destroyed when no longer needed for
658the Auditor General's and the Office of Program Policy Analysis
659and Government Accountability's official use.
660     11.a.  A court of competent jurisdiction in compliance with
661an order of that court or the attorney of record pursuant to a
662lawfully issued subpoena, upon the condition that the student
663and the student's parent are notified of the order or subpoena
664in advance of compliance therewith by the educational
665institution or agency.
666     b.  A person or entity pursuant to a court of competent
667jurisdiction in compliance with an order of that court or the
668attorney of record pursuant to a lawfully issued subpoena, upon
669the condition that the student, or his or her parent if the
670student is either a minor and not attending a postsecondary
671educational institution or a dependent of such parent as defined
672in 26 U.S.C. s. 152 (s. 152 of the Internal Revenue Code of
6731954), is notified of the order or subpoena in advance of
674compliance therewith by the educational institution or agency.
675     12.  Credit bureaus, in connection with an agreement for
676financial aid that the student has executed, provided that such
677information may be disclosed only to the extent necessary to
678enforce the terms or conditions of the financial aid agreement.
679Credit bureaus shall not release any information obtained
680pursuant to this paragraph to any person.
681     13.  Parties to an interagency agreement among the
682Department of Juvenile Justice, school and law enforcement
683authorities, and other signatory agencies for the purpose of
684reducing juvenile crime and especially motor vehicle theft by
685promoting cooperation and collaboration, and the sharing of
686appropriate information in a joint effort to improve school
687safety, to reduce truancy and in-school and out-of-school
688suspensions, and to support alternatives to in-school and out-
689of-school suspensions and expulsions that provide structured and
690well-supervised educational programs supplemented by a
691coordinated overlay of other appropriate services designed to
692correct behaviors that lead to truancy, suspensions, and
693expulsions, and that support students in successfully completing
694their education.  Information provided in furtherance of such
695interagency agreements is intended solely for use in determining
696the appropriate programs and services for each juvenile or the
697juvenile's family, or for coordinating the delivery of such
698programs and services, and as such is inadmissible in any court
699proceedings prior to a dispositional hearing unless written
700consent is provided by a parent or other responsible adult on
701behalf of the juvenile.
702     14.  Consistent with the Family Educational Rights and
703Privacy Act, the Department of Children and Family Services or a
704community-based care lead agency acting on behalf of the
705Department of Children and Family Services, as appropriate.
706
707This paragraph does not prohibit any educational institution
708from publishing and releasing to the general public directory
709information relating to a student if the institution elects to
710do so.  However, no educational institution shall release, to
711any individual, agency, or organization that is not listed in
712subparagraphs 1.-14. 1.-13., directory information relating to
713the student body in general or a portion thereof unless it is
714normally published for the purpose of release to the public in
715general.  Any educational institution making directory
716information public shall give public notice of the categories of
717information that it has designated as directory information with
718respect to all students attending the institution and shall
719allow a reasonable period of time after such notice has been
720given for a parent or student to inform the institution in
721writing that any or all of the information designated should not
722be released.
723     Section 5.  This act shall take effect July 1, 2004.


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