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The Committee on Children, Families, and Elder Affairs (Storms)

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recommended the following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Section 39.0016, Florida Statutes, is amended to

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read:

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39.0016 Education of dependent abused, neglected, and

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abandoned children or children in shelter care.--

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     (1) DEFINITIONS.--As used in this section, the term:

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

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are found to be dependent or children in shelter care.

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

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

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behalf of the department of Children and Family Services, as

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appropriate.

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(c) "Surrogate parent" means an individual appointed to act

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in the place of a parent in educational decisionmaking and in

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safeguarding a child's access to services under this section, s.

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1003.572, and the Individuals with Disabilities Education Act.

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(2) The provisions of this section establish goals and not

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rights. This section does not require the delivery of any

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particular service or level of service in excess of existing

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appropriations. A person may not maintain a cause of action

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against the state or any of its subdivisions, agencies,

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contractors, subcontractors, or agents based upon this section

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becoming law or failure by the Legislature to provide adequate

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funding for the achievement of these goals. This section does not

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require the expenditure of funds to meet the goals established in

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this section except funds specifically appropriated for such

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purpose.

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     (2) AGENCY AGREEMENTS.--

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

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the Department of Education regarding the education and related

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care of children known to the department. Such agreement shall be

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designed to provide educational access to such children known to

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the department for the purpose of facilitating the delivery of

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services or programs to these children known to the department.

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The agreement shall avoid duplication of services or programs and

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shall provide for combining resources to maximize the

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availability or delivery of services or programs.

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     (b)(4) The department shall enter into agreements with

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district school boards or other local educational entities

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regarding education and related services for children known to

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

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department who are younger than school age but who would

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otherwise qualify for services from the district school board.

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

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     1.(a) A requirement that the department shall:

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     a.1. Enroll children known to the department in school. The

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agreement must shall provide for continuing the enrollment of the

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

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with the goal of avoiding disruption of education.

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     b.2. Notify the school and school district in which a child

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known to the department is enrolled of the name and phone number

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of the child known to the department caregiver and caseworker for

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child safety purposes.

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     c.3. Establish a protocol for the department to share

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information about a child known to the department with the school

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district, consistent with the Family Educational Rights and

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Privacy Act, in order to since the sharing of information will

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assist each agency in obtaining education and related services

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for the benefit of the child.

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

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

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plan development and plan review. Within the plan development or

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review process, the school district may provide information

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regarding the child known to the department if the school

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district deems it desirable and appropriate.

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     2.(b) A requirement that the district school board shall:

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     a.1. Provide the department with a general listing of the

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services and information available from the district school

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board, including, but not limited to, the current Sunshine State

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Standards, the Surrogate Parent Training Manual, and other

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resources accessible through the Department of Education or local

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school districts to facilitate educational access for a child

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known to the department.

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     b.2. Identify all educational and other services provided

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by the school and school district which the school district

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believes are reasonably necessary to meet the educational needs

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of a child known to the department.

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     c.3. Determine whether transportation is available for a

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child known to the department if when such transportation will

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avoid a change in school assignment due to a change in

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residential placement. Recognizing that continued enrollment in

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the same school throughout the time the child known to the

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

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in the same school would be unsafe or otherwise impractical, the

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department, the district school board, and the Department of

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Education shall assess the availability of federal, charitable,

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or grant funding for such transportation.

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     d.4. Provide individualized student intervention or an

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individual educational plan when a determination has been made

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through legally appropriate criteria that intervention services

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are required for a child known to the department. The

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intervention or individual educational plan must include

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strategies to enable the child known to the department to

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maximize the attainment of educational goals.

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     3.(c) A requirement that the department and the district

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school board shall cooperate in accessing the services and

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

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suspected of having a disability to receive an appropriate

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education consistent with the Individuals with Disabilities

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Education Act and state implementing laws, rules, and assurances.

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Coordination of services for a child known to the department who

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has or is suspected of having a disability may include:

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     a.1. Referral for screening.

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     b.2. Sharing of evaluations between the school district and

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the department where appropriate.

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     c.3. Provision of education and related services

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

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department.

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     d.4. Coordination of services and plans between the school

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and the residential setting to avoid duplication or conflicting

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service plans.

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     e.5. Appointment of a surrogate parent, consistent with the

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Individuals with Disabilities Education Act, and pursuant to

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subsection (3) and s. 1003.572 for educational purposes for a

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child known to the department who qualifies as soon as the child

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is determined to be dependent and without a parent to act for the

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child. The surrogate parent shall be appointed by the school

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district without regard to where the child known to the

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department is placed so that one surrogate parent can follow the

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education of the child known to the department during his or her

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entire time in state custody.

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

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and older, transition planning by the department and all

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providers, including the department's independent living program

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staff, to meet the requirements of the local school district for

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educational purposes.

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(c) The provisions of this subsection establish standards

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and not rights. This subsection does not require the delivery of

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any particular service or level of service not funded by existing

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appropriations. Further, this subsection does not require the

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expenditure of current funds to meet the goals established in

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this subsection unless the funds have been specifically

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appropriated for such purpose. A person may not maintain a cause

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

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contractors, subcontractors, or agents based on this subsection

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becoming law or failure of the Legislature to provide funding

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sufficient to achieve these goals.

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     (3) CHILDREN HAVING OR SUSPECTED OF HAVING DISABILITIES.--

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     (a) Legislative findings and intent.--

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     1. The Legislature finds that disability is a natural part

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of the human experience and does not diminish the right of

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individuals to participate in or contribute to society. Improving

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educational results for children with disabilities is an

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essential element of the state's policy of ensuring equality of

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opportunity, full participation, independent living, and economic

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self-sufficiency for individuals with disabilities.

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2. The Legislature also finds that research and experience

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have shown that the education of children with disabilities can

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be made more effective by:

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a. Having high expectations for these children and ensuring

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their access to the general education curriculum in the regular

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classroom, to the maximum extent possible.

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b. Providing appropriate special education and related

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services and aids and supports in the regular classroom to these

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children when appropriate.

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c. Having a trained, interested, and consistent educational

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decisionmaker for the child if the parent is unavailable or the

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foster parent is unwilling or not trained in the exceptional

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education process.

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3. It is therefore the intent of the Legislature that all

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children known to the department with disabilities, consistent

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with the Individuals with Disabilities Education Act and s.

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1003.572, have available to them a free appropriate public

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education that provides special education and related services

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designed to meet their unique needs and prepare them for further

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education, employment, and independent living and that the rights

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of such children are protected.

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     (b) Surrogate parent.--

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     1. Pursuant to s. 1003.572, the court shall appoint a

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surrogate parent for a child known to the department who has or

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is suspected of having a disability as provided in s. 1003.01(3)

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if:

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     a. After reasonable efforts, a parent is not be located; or

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     b The court has determined that a person who has the

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authority, willingness, or ability to serve as the child's

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educational decisionmaker is not available.

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     2. The court must appoint the surrogate parent within 30

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days after notice that the child meets the criteria in

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subparagraph 1.

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     (4) TRAINING.--

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     (a)(5) The department shall incorporate an education

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component into all training programs of the department regarding

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children known to the department. Such training shall be

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coordinated with the Department of Education and the local school

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districts. The department shall offer opportunities for education

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personnel to participate in such training. Such coordination

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shall include, but not be limited to, notice of training

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sessions, opportunities to purchase training materials, proposals

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to avoid duplication of services by offering joint training, and

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incorporation of materials available from the Department of

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Education and local school districts into the department training

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when appropriate. The department training components shall

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include:

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     1.(a) Training for surrogate parents on to include how the

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an ability to learn of a child known to the department to learn

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

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home.

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     2.(b) Training for parents when in cases in which

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reunification is the goal, or for preadoptive parents when

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

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the services the child known to the department needs and the

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importance of their involvement in the education of the child

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known to the department.

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     3.(c) Training for caseworkers and foster parents to

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include information on the right of the child known to the

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

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development and adjustment of the a child known to the

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department, the proper ways to access education and related

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services for the child known to the department, and the

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importance and strategies for parental involvement in education

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for the success of the child known to the department.

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     4.(d) Training of caseworkers regarding the services and

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information available through the Department of Education and

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

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current Sunshine State Standards, the Surrogate Parent Training

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Manual, and other resources accessible through the Department of

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Education or local school districts to facilitate educational

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access for a child known to the department.

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     Section 2.  Paragraph (p) of subsection (2) of section

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39.202, Florida Statutes, is amended to read:

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     39.202  Confidentiality of reports and records in cases of

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child abuse or neglect.--

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     (2)  Except as provided in subsection (4), access to such

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records, excluding the name of the reporter which shall be

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released only as provided in subsection (5), shall be granted

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only to the following persons, officials, and agencies:

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     (p)  The principal of a public school, private school, or

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charter school where the child is a student and an employee of

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the local school district who is designated as a liaison between

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the school district and the department pursuant to the agency

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agreements required in s. 39.0016(2). Information contained in

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the records which the principal or liason determines are

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necessary for a school employee to effectively provide a student

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with educational services may be released to that employee.

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     Section 3.  Subsection (11) of section 39.402, Florida

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Statutes, is amended to read:

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     39.402  Placement in a shelter.--

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     (11)(a)  If a child is placed in a shelter pursuant to a

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court order following a shelter hearing, the court shall require

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in the shelter hearing order that the parents of the child, or

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the guardian of the child's estate, if possessed of assets which

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under law may be disbursed for the care, support, and maintenance

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of the child, to pay, to the department or institution having

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custody of the child, fees as established by the department. If

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When the order affects the guardianship estate, a certified copy

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of the order shall be delivered to the judge having jurisdiction

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of the guardianship estate. The shelter order shall also require

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the parents to provide to the department and any other state

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agency or party designated by the court, within 28 days after

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entry of the shelter order, the financial information necessary

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to accurately calculate child support pursuant to s. 61.30.

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     (b) The court shall request that the parents consent to

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providing access to the child's medical records and information

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to the court, the department or its contract agencies, and any

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guardian ad litem or attorney for the child. If a parent is

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unavailable or unable to consent or withholds consent and the

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court determines access to the records and information is

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necessary to provide services to the child, the court shall issue

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an order granting access. The parent or legal guardian shall

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provide all known medical information to the department.

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     (c) The court shall request that the parents consent to

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providing access to the child's educational records and

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information to the court, the department or its contract

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agencies, and any guardian ad litem or attorney for the child. If

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a parent is unavailable or unable to consent or withholds consent

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and the court determines that access to the records and

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information is necessary to provide services to the child, the

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court shall issue an order granting access. The court may appoint

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a surrogate parent under s. 1003.572 or may refer the child to

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the district school board for appointment of a surrogate parent.

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     Section 4.  Subsection (8) of section 39.701, Florida

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Statutes, is amended to read:

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     39.701  Judicial review.--

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     (8) The court and any citizen review panel shall consider

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take into consideration the information contained in the social

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services study and investigation and all medical, psychological,

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and educational records that support the terms of the case plan;

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testimony by the social services agency, the parent, the foster

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parent or legal custodian, the guardian ad litem or surrogate

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parent for educational decisionmaking if one has been appointed

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for the child, and any other person deemed appropriate; and any

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relevant and material evidence submitted to the court, including

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written and oral reports to the extent of their probative value.

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These reports and evidence may be received by the court in its

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effort to determine the action to be taken with regard to the

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child and may be relied upon to the extent of their probative

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value, even though not competent in an adjudicatory hearing. In

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its deliberations, the court and any citizen review panel shall

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seek to determine:

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     (a)  If the parent was advised of the right to receive

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assistance from any person or social service agency in the

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preparation of the case plan.

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     (b)  If the parent has been advised of the right to have

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counsel present at the judicial review or citizen review

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hearings. If not so advised, the court or citizen review panel

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shall advise the parent of such right.

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     (c)  If a guardian ad litem needs to be appointed for the

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child in a case in which a guardian ad litem has not previously

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been appointed or if there is a need to continue a guardian ad

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litem in a case in which a guardian ad litem has been appointed.

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     (d) If a surrogate parent has been appointed for a child

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who qualifies under s. 1003.572.

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     (e)(d) The compliance or lack of compliance of all parties

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with applicable items of the case plan, including the parents'

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compliance with child support orders.

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     (f)(e) The compliance or lack of compliance with a

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visitation contract between the parent and the social service

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agency for contact with the child, including the frequency,

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duration, and results of the parent-child visitation and the

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reason for any noncompliance.

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     (g)(f) The compliance or lack of compliance of the parent

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in meeting specified financial obligations pertaining to the care

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of the child, including the reason for failure to comply if such

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is the case.

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     (h)(g) Whether the child is receiving safe and proper care

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according to s. 39.6012, including, but not limited to, the

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appropriateness of the child's current placement, including

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whether the child is in a setting that is as family-like and as

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close to the parent's home as possible, consistent with the

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child's best interests and special needs, and including

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maintaining stability in the child's educational placement.

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     (i)(h) A projected date likely for the child's return home

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or other permanent placement.

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     (j)(i) If When appropriate, the basis for the unwillingness

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or inability of the parent to become a party to a case plan. The

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court and the citizen review panel shall determine if the efforts

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of the social service agency to secure party participation in a

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case plan were sufficient.

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     (k)(j) For a child who has reached 13 years of age but is

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not yet 18 years of age, the adequacy of the child's preparation

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for adulthood and independent living.

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     (l)(k) If amendments to the case plan are required.

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Amendments to the case plan must be made under s. 39.6013.

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     Section 5.  Present subsection (8) of section 1000.21,

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Florida Statutes, is renumbered as subsection (9), and a new

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subsection (8) is added to that section, to read:

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     1000.21  Systemwide definitions.--As used in the Florida K-

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20 Education Code:

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     (8) "Surrogate parent" means an individual appointed to act

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in the place of a parent in educational decisionmaking and in

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safeguarding a child's access to services under ss. 39.0016 and

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1003.572 and the Individuals with Disabilities Education Act.

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     Section 6.  Paragraph (f) of subsection (1) and paragraph

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(g) of subsection (4) of section 1003.21, Florida Statutes, are

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amended to read:

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     1003.21  School attendance.--

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     (1)

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     (f) Homeless children, as defined in s. 1003.01, or

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children who are known to the department as defined in s.

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39.0016, must have access to a free public education and must be

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admitted to school in the school district in which they or their

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families live. School districts shall assist such homeless

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children in meeting to meet the requirements of subsection (4)

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and s. 1003.22, as well as local requirements for documentation.

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     (4)  Before admitting a child to kindergarten, the principal

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shall require evidence that the child has attained the age at

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which he or she should be admitted in accordance with the

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provisions of subparagraph (1)(a)2. The district school

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superintendent may require evidence of the age of any child whom

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he or she believes to be within the limits of compulsory

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attendance as provided for by law. If the first prescribed

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evidence is not available, the next evidence obtainable in the

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order set forth below shall be accepted:

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     (g) If none of the sources of evidence in paragraphs (a)-

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(f) these evidences can be produced, an affidavit of age sworn to

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by the parent, accompanied by a certificate of age signed by a

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public health officer or by a public school physician, or, if

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neither of these is available in the county, by a licensed

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practicing physician designated by the district school board,

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which certificate states that the health officer or physician has

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examined the child and believes that the age as stated in the

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affidavit is substantially correct. A homeless child, as defined

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in s. 1003.01, and a child who is known to the department as

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defined in s. 39.0016, shall be given a temporary exemption from

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this section for 30 school days.

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     Section 7.  Subsection (1) and paragraph (e) of subsection

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(5) of section 1003.22, Florida Statutes, are amended to read:

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     1003.22  School-entry health examinations; immunization

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against communicable diseases; exemptions; duties of Department

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of Health.--

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     (1)  Each district school board and the governing authority

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of each private school shall require that each child who is

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entitled to admittance to kindergarten, or is entitled to any

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other initial entrance into a public or private school in this

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state, present a certification of a school-entry health

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examination performed within 1 year prior to enrollment in

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school. Each district school board, and the governing authority

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of each private school, may establish a policy that permits a

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student up to 30 school days to present a certification of a

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school-entry health examination. A homeless child, as defined in

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s. 1003.01, and a child who is known to the department as defined

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in s. 39.0016, shall be given a temporary exemption for 30 school

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days. Any district school board that establishes such a policy

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shall include provisions in its local school health services plan

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to assist students in obtaining the health examination

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examinations. However, a any child shall be exempted exempt from

402

the requirement of a health examination upon written request of

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the parent of the child stating objections to the examination on

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religious grounds.

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     (5)  The provisions of this section shall not apply if:

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     (e)  An authorized school official issues a temporary

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exemption, for up a period not to exceed 30 school days, to

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permit a student who transfers into a new county to attend class

409

until his or her records can be obtained. A homeless child, as

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defined in s. 1003.01, and a child who is known to the department

411

as defined in s. 39.0016, shall be given a temporary exemption

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for 30 school days. The public school health nurse or authorized

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private school official is responsible for followup of each such

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student until proper documentation or immunizations are obtained.

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An exemption for 30 days may be issued for a student who enters a

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juvenile justice program to permit the student to attend class

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until his or her records can be obtained or until the

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immunizations can be obtained. An authorized juvenile justice

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official is responsible for followup of each student who enters a

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juvenile justice program until proper documentation or

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immunizations are obtained.

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     Section 8.  Section 1003.572, Florida Statutes, is created

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to read:

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     1003.572 Appointment of surrogate parent.--

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     (1) Pursuant to s. 39.0016, the circuit court with

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jurisdiction over a child who is known to the department shall

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appoint a surrogate parent who has or is suspected of having a

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disability as provided in s. 1003.01(3).

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     (2) The surrogate parent shall be appointed without regard

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to where the child is placed so that a single surrogate parent

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can follow the education of the child during the entire time the

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child is in state custody.

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     (3) An individual qualified to be appointed as a surrogate

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parent must:

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     (a) Be 18 years of age or older.

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     (b) Have the knowledge, skills, and experience gained

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through successfully completing training using training materials

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developed and approved by the Division of Public Schools or

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comparable knowledge, training, or experience needed to ensure

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adequate representation of the child.

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     (c) Not have any personal or professional interests that

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conflict with the interests of the child.

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     (d) Not be an employee of the department, the district

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school board, a community-based care provider under s. 409.1671,

445

the Department of Children and Family Services, or any other

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public or private agency involved in the education or care of the

447

child; however:

448

     1. An individual who acts in a parental role to a child,

449

such as a foster parent or relative caregiver, may serve as a

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surrogate parent if employed by such agency in a role not related

451

to the child's care or custody. Group home staff and therapeutic

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foster home parents are deemed employees who are not acting in a

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parental role.

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     2. A person who is appointed as a surrogate parent is not

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considered an employee of an agency solely because he or she is

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paid by the agency to serve as a surrogate parent.

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     3. A guardian ad litem may serve as a surrogate parent.

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     4. A relative or other adult involved in the child's life

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may serve as a surrogate parent regardless of whether that person

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has custody of the child.

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     (4) An individual appointed as a surrogate parent shall:

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     (a) Become acquainted with the child and be knowledgeable

463

about his or her disabilities and educational needs;

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     (b) Represent the child in all matters relating to the

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identification, evaluation, and educational placement of the

466

child;

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     (c) Represent the interests and safeguard the rights of the

468

child in educational decisions that affect the child; and

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     (d) Represent the child in all matters relating to the

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provision of a free, appropriate public education for the child.

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     (5) The responsibilities of an individual appointed as a

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surrogate parent do not extend to:

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     (a) The care, maintenance, custody, residential placement,

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or any other area not specifically related to the education of

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the child; or

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     (b) The identification or evaluation of the child that does

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not relate specifically to special education.

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     (6) An individual appointed as a surrogate parent is not

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liable for actions taken in good faith on behalf of the child in

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protecting the special education rights of the child.

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     (7) This section does not preclude the appointment of a

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surrogate parent for a student who is gifted as provided in s.

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1003.01(3).

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Section 9.  This act shall take effect July 1, 2008.

485

486

================ T I T L E  A M E N D M E N T ================

487

And the title is amended as follows:

488

     Delete everything before the enacting clause

489

and insert:

490

A bill to be entitled

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An act relating to children in shelter care or foster

492

care; amending s. 39.0016, F.S.; revising definitions;

493

providing Legislative intent; providing for the

494

appointment of a surrogate parent to provide educational

495

decisionmaking for a child who has or is suspected of

496

having a disability; amending s. 39.202, F.S.; providing

497

access to certain records to persons serving as liaisons

498

between school districts and the Department of Children

499

and Family Services; amending s. 39.402, F.S.; requiring a

500

court to request access to a child's medical and

501

educational records if a child is placed in shelter care;

502

amending s. 39.701, F.S.; requiring the court and a

503

citizen review panel to the consider testimony by a

504

surrogate parent for educational decisionmaking when

505

conducting judicial reviews; amending s. 1000.21, F.S.;

506

defining the term "surrogate parent" for purposes of the

507

K-20 Education Code; amending s. 1003.21, F.S.; specifying

508

that dependent children have access to free public

509

education for and authorizing a temporary exemption

510

relating thereto; amending s. 1003.22, F.S.; authorizing a

511

temporary exemption from school-entry health examinations

512

for dependent children; creating s. 1003.572, F.S.;

513

requiring a district school board to appoint a surrogate

514

parent for certain children in dependent or in shelter

515

care and who have or are suspected of having a disability;

516

providing qualifications, responsibilities, and immunities

517

for a surrogate parent; providing an effective date.

4/7/2008  1:31:00 PM     10-06648-08