1

A bill to be entitled

2

An act relating to education for children in shelter care

3

or foster care; creating s. 39.0017, F.S.; providing

4

conditions for court appointment of a surrogate parent for

5

educational decisionmaking for a child who has or is

6

suspected of having a disability; amending s. 39.202,

7

F.S.; providing for access to certain records to liaisons

8

between school districts and the Department of Children

9

and Family Services or the court; amending s. 39.402,

10

F.S.; requiring access to a child's educational records if

11

a child is placed in a shelter; authorizing appointment of

12

a surrogate parent for educational decisionmaking;

13

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

14

review panel in judicial reviews to consider testimony by

15

a surrogate parent for educational decisionmaking;

16

amending s. 1000.21, F.S.; revising definition of the term

17

"parent" to include a surrogate parent and defining the

18

term "surrogate parent" for purposes of the K-20 Education

19

Code; amending s. 1002.22, F.S.; providing for release of

20

educational records of children placed in shelter care;

21

amending s. 1003.01, F.S.; revising the definition

22

relating to a homeless child for purposes of public K-12

23

education; amending s. 1003.21, F.S.; conforming

24

terminology; providing access to free public education for

25

certain children in foster care and authorizing a

26

temporary exemption relating thereto; amending s. 1003.22,

27

F.S.; conforming terminology; authorizing a temporary

28

exemption from school-entry health examinations for

29

certain children in foster care; creating s. 1003.572,

30

F.S.; requiring a district school board to appoint a

31

surrogate parent for a child who has or is suspected of

32

having a disability under certain circumstances; providing

33

joint responsibility of a district school board and the

34

court; providing qualifications, rights, responsibilities,

35

and immunities for a surrogate parent; providing an

36

effective date.

37

38

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

39

40

     Section 1.  Section 39.0017, Florida Statutes, is created to

41

read:

42

     39.0017 Appointment of surrogate parent for educational

43

decisionmaking.--

44

     (1) Any time that the court determines that no person holds

45

the right to make educational decisions for a child in

46

proceedings under this chapter or that it is in the best

47

interests of a child to remove educational decisionmaking from

48

the parent and finds that the child has or is suspected of having

49

a disability, the court may appoint a surrogate parent for

50

educational decisionmaking for that child.

51

     (2) The court may appoint an adult with the knowledge and

52

skills needed to ensure adequate representation of the child to

53

serve as a surrogate parent. The court may not appoint an

54

employee of the Department of Education, the local school

55

district, a community-based care provider, the Department of

56

Children and Family Services, or any other public or private

57

agency involved in the education or care of the child as

58

appointment of those persons is prohibited by federal law;

59

however, a person who acts in a parental role to a child, such as

60

a foster parent or relative caregiver, is not prohibited from

61

serving as a surrogate parent if employed by such agency. Group

62

home staff and therapeutic foster home parents are deemed

63

employees who are not acting in a parental role for this purpose.

64

The court shall be guided by, but not limited to, the

65

qualifications for a surrogate parent set forth in s. 1003.572.

66

The surrogate parent may be a relative or other adult involved in

67

the child's life regardless of whether that person has custody of

68

the child.

69

     (3) The court must defer to the district school board's

70

appointment of a surrogate parent under s. 1003.572 if such

71

appointment is made prior to the court's appointment of a

72

surrogate parent.

73

     (4) Surrogate parents appointed under this section shall

74

have the same rights, responsibilities, and immunities as set

75

forth in s. 1003.572 and shall be eligible to attend any

76

appropriate training provided by the district school board.

77

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

78

39.202, Florida Statutes, is amended to read:

79

     39.202  Confidentiality of reports and records in cases of

80

child abuse or neglect.--

81

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

82

records, excluding the name of the reporter which shall be

83

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

84

only to the following persons, officials, and agencies:

85

     (p) An employee of the local school district who is

86

designated as a liaison between the school district and the

87

Department of Children and Family Services or the court and the

88

principal of a public school, private school, or charter school

89

where the child is a student. Information contained in the

90

records which the liaison or the principal determines are

91

necessary for a school employee to effectively provide a student

92

with educational services may be released to that employee.

93

     Section 3.  Subsections (12) through (18) of section 39.402,

94

Florida Statutes, are renumbered as subsections (13) through

95

(19), respectively, and a new subsection (12) is added to that

96

section to read:

97

     39.402  Placement in a shelter.--

98

     (12) If a child is placed in a shelter pursuant to a court

99

order following a shelter hearing, the court shall request that

100

the parents consent to provide access to the child's educational

101

records to the court, the department or its contract agencies,

102

and any guardian ad litem or attorney for the child. Whenever a

103

parent withholds consent and the court determines access to the

104

records is necessary to provide educational or other services to

105

the child, the court shall issue an order granting access to the

106

child's educational records to any of the identified entities or

107

persons. The court shall also make an initial determination as to

108

who holds the right to make educational decisions for the child.

109

The court at the shelter hearing or any subsequent hearing may

110

refer the child to the district school board for appointment of a

111

surrogate parent under s. 1003.572 or may itself appoint a

112

surrogate parent under s. 39.0017.

113

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

114

Statutes, is amended to read:

115

     39.701  Judicial review.--

116

     (8)  The court and any citizen review panel shall take into

117

consideration the information contained in the social services

118

study and investigation and all medical, psychological, and

119

educational records that support the terms of the case plan;

120

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

121

parent or legal custodian, the guardian ad litem or surrogate

122

parent for educational decisionmaking if one has been appointed

123

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

124

relevant and material evidence submitted to the court, including

125

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

126

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

127

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

128

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

129

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

130

its deliberations, the court and any citizen review panel shall

131

seek to determine:

132

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

133

assistance from any person or social service agency in the

134

preparation of the case plan.

135

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

136

counsel present at the judicial review or citizen review

137

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

138

shall advise the parent of such right.

139

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

140

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

141

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

142

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

143

     (d) Who holds the rights to make educational decisions for

144

the child. If appropriate, the court may refer the child to the

145

district school board for appointment of a surrogate parent under

146

s. 1003.572 or may itself appoint a surrogate parent under s.

147

39.0017.

148

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

149

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

150

compliance with child support orders.

151

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

152

visitation contract between the parent and the social service

153

agency for contact with the child, including the frequency,

154

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

155

reason for any noncompliance.

156

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

157

in meeting specified financial obligations pertaining to the care

158

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

159

is the case.

160

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

161

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

162

appropriateness of the child's current placement, including

163

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

164

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

165

child's best interests and special needs, and including

166

maintaining stability in the child's educational placement.

167

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

168

or other permanent placement.

169

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

170

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

171

court and the citizen review panel shall determine if the efforts

172

of the social service agency to secure party participation in a

173

case plan were sufficient.

174

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

175

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

176

for adulthood and independent living.

177

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

178

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

179

     Section 5.  Subsection (5) of section 1000.21, Florida

180

Statutes, is amended, subsection (8) is renumbered as subsection

181

(9), and a new subsection (8) is added to that section, to read:

182

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

183

20 Education Code:

184

     (5)  "Parent" is either or both parents of a student, any

185

guardian of a student, any person in a parental relationship to a

186

student, or any person exercising supervisory authority over a

187

student in place of the parent. The term "parent" includes a

188

person appointed to serve as a surrogate parent under s. 1003.572

189

or appointed by order of a court with jurisdiction over a child

190

under s. 39.0017.

191

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

192

in the place of a parent in educational decisionmaking and in

193

safeguarding a child's rights under the Individuals with

194

Disabilities Education Act and ss. 1003.572 and 39.0017.

195

     Section 6.  Paragraph (d) of subsection (3) of section

196

1002.22, Florida Statutes, is amended to read:

197

     1002.22  Student records and reports; rights of parents and

198

students; notification; penalty.--

199

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

200

who attends or has attended any public school, career center, or

201

public postsecondary educational institution shall have the

202

following rights with respect to any records or reports created,

203

maintained, and used by any public educational institution in the

204

state. However, whenever a student has attained 18 years of age,

205

or is attending a postsecondary educational institution, the

206

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

207

the parents of the student shall thereafter be required of and

208

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

209

student of such parents as defined in 26 U.S.C. s. 152 (s. 152 of

210

the Internal Revenue Code of 1954). The State Board of Education

211

shall adopt rules whereby parents or students may exercise these

212

rights:

213

     (d)  Right of privacy.--Every student has a right of privacy

214

with respect to the educational records kept on him or her.

215

Personally identifiable records or reports of a student, and any

216

personal information contained therein, are confidential and

217

exempt from s. 119.07(1). A state or local educational agency,

218

board, public school, career center, or public postsecondary

219

educational institution may not permit the release of such

220

records, reports, or information without the written consent of

221

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

222

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

223

individual, agency, or organization. However, personally

224

identifiable records or reports of a student may be released to

225

the following persons or organizations without the consent of the

226

student or the student's parent:

227

     1.  Officials of schools, school systems, career centers, or

228

public postsecondary educational institutions in which the

229

student seeks or intends to enroll; and a copy of such records or

230

reports shall be furnished to the parent or student upon request.

231

     2.  Other school officials, including teachers within the

232

educational institution or agency, who have legitimate

233

educational interests in the information contained in the

234

records.

235

     3.  The United States Secretary of Education, the Director

236

of the National Institute of Education, the Assistant Secretary

237

for Education, the Comptroller General of the United States, or

238

state or local educational authorities who are authorized to

239

receive such information subject to the conditions set forth in

240

applicable federal statutes and regulations of the United States

241

Department of Education, or in applicable state statutes and

242

rules of the State Board of Education.

243

     4.  Other school officials, in connection with a student's

244

application for or receipt of financial aid.

245

     5.  Individuals or organizations conducting studies for or

246

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

247

purpose of developing, validating, or administering predictive

248

tests, administering student aid programs, or improving

249

instruction, if the studies are conducted in a manner that does

250

not permit the personal identification of students and their

251

parents by persons other than representatives of such

252

organizations and if the information will be destroyed when no

253

longer needed for the purpose of conducting such studies.

254

     6.  Accrediting organizations, in order to carry out their

255

accrediting functions.

256

     7.  Early learning coalitions and the Agency for Workforce

257

Innovation in order to carry out their assigned duties.

258

     8.  For use as evidence in student expulsion hearings

259

conducted by a district school board under chapter 120.

260

     9.  Appropriate parties in connection with an emergency, if

261

knowledge of the information in the student's educational records

262

is necessary to protect the health or safety of the student or

263

other individuals.

264

     10.  The Auditor General and the Office of Program Policy

265

Analysis and Government Accountability in connection with their

266

official functions; however, except when the collection of

267

personally identifiable information is specifically authorized by

268

law, any data collected by the Auditor General and the Office of

269

Program Policy Analysis and Government Accountability is

270

confidential and exempt from s. 119.07(1) and shall be protected

271

in a way that does not permit the personal identification of

272

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

273

Office of Program Policy Analysis and Government Accountability,

274

and their staff, and the personally identifiable data shall be

275

destroyed when no longer needed for the Auditor General's and the

276

Office of Program Policy Analysis and Government Accountability's

277

official use.

278

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

279

an order of that court or the attorney of record in accordance

280

with a lawfully issued subpoena, upon the condition that the

281

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

282

subpoena in advance of compliance therewith by the educational

283

institution or agency.

284

     b.  A person or entity in accordance with a court of

285

competent jurisdiction in compliance with an order of that court

286

or the attorney of record pursuant to a lawfully issued subpoena,

287

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

288

student is either a minor and not attending a postsecondary

289

educational institution or a dependent of such parent as defined

290

in 26 U.S.C. s. 152 (s. 152 of the Internal Revenue Code of

291

1954), is notified of the order or subpoena in advance of

292

compliance therewith by the educational institution or agency.

293

     12.  Credit bureaus, in connection with an agreement for

294

financial aid that the student has executed, if the information

295

is disclosed only to the extent necessary to enforce the terms or

296

conditions of the financial aid agreement. Credit bureaus shall

297

not release any information obtained under this paragraph to any

298

person.

299

     13.  Parties to an interagency agreement among the

300

Department of Juvenile Justice, school and law enforcement

301

authorities, and other signatory agencies for the purpose of

302

reducing juvenile crime and especially motor vehicle theft by

303

promoting cooperation and collaboration, and the sharing of

304

appropriate information in a joint effort to improve school

305

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

306

suspensions, and to support alternatives to in-school and out-of-

307

school suspensions and expulsions that provide structured and

308

well-supervised educational programs supplemented by a

309

coordinated overlay of other appropriate services designed to

310

correct behaviors that lead to truancy, suspensions, and

311

expulsions, and that support students in successfully completing

312

their education. Information provided in furtherance of the

313

interagency agreements is intended solely for use in determining

314

the appropriate programs and services for each juvenile or the

315

juvenile's family, or for coordinating the delivery of the

316

programs and services, and as such is inadmissible in any court

317

proceedings before a dispositional hearing unless written consent

318

is provided by a parent or other responsible adult on behalf of

319

the juvenile.

320

     14.  Consistent with the Family Educational Rights and

321

Privacy Act and applicable to a child placed in shelter care

322

under s. 39.402, the Department of Children and Family Services

323

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

324

Department of Children and Family Services, as appropriate.

325

326

This paragraph does not prohibit any educational institution from

327

publishing and releasing to the general public directory

328

information relating to a student if the institution elects to do

329

so. However, no educational institution shall release, to any

330

individual, agency, or organization that is not listed in

331

subparagraphs 1.-14., directory information relating to the

332

student body in general or a portion thereof unless it is

333

normally published for the purpose of release to the public in

334

general. Any educational institution making directory information

335

public shall give public notice of the categories of information

336

that it has designated as directory information for all students

337

attending the institution and shall allow a reasonable period of

338

time after the notice has been given for a parent or student to

339

inform the institution in writing that any or all of the

340

information designated should not be released.

341

     Section 7.  Subsection (12) of section 1003.01, Florida

342

Statutes, is amended to read:

343

     1003.01  Definitions.--As used in this chapter, the term:

344

     (12) "Child or youth who is experiencing homelessness," for

345

programs authorized under Subtitle B, Education for Homeless

346

Children and Youth, of Title VII of the McKinney-Vento Homeless

347

Assistance Act, 42 U.S.C. ss. 11431 et seq., means a child or

348

youth who lacks a fixed, regular, and adequate nighttime

349

residence and includes:

350

     (a) A child or youth who is sharing the housing of other

351

persons due to loss of housing, economic hardship, or a similar

352

reason; is living in a motel, hotel, travel trailer park, or

353

camping ground due to the lack of alternative adequate

354

accommodations; is living in an emergency or transitional

355

shelter; is abandoned in a hospital; or is awaiting foster care

356

placement.

357

     (b) A child or youth who has a primary nighttime residence

358

that is a public or private place not designed for or ordinarily

359

used as a regular sleeping accommodation for human beings.

360

     (c) A child or youth who is living in a car, park, public

361

space, abandoned building, bus or train station, or similar

362

setting.

363

     (d) A migratory child or youth who is living in

364

circumstances described in paragraphs (a)-(c). "Homeless child"

365

means:

366

     (a) One who lacks a fixed, regular nighttime residence;

367

     (b) One who has a primary nighttime residence that is:

368

     1. A supervised publicly or privately operated shelter

369

designed to provide temporary living accommodations, including

370

welfare hotels, congregate shelters, and transitional housing for

371

the mentally ill;

372

     2. An institution that provides a temporary residence for

373

individuals intended to be institutionalized; or

374

     3. A public or private place not designed for, or

375

ordinarily used as, a regular sleeping accommodation for human

376

beings; or

377

     (c) One who temporarily resides with an adult other than

378

his or her parent because the parent is suffering financial

379

hardship.

380

381

A child who is imprisoned, detained, or in the custody of the

382

state pursuant to a state or federal law is not a homeless child.

383

     Section 8.  Paragraph (f) of subsection (1) and paragraph

384

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

385

amended to read:

386

     1003.21  School attendance.--

387

     (1)

388

     (f) A child or youth who is experiencing homelessness

389

Homeless children, as defined in s. 1003.01, or a child who is in

390

foster care until the time of achieving reunification or a

391

permanent placement must have access to a free public education

392

and must be admitted to school in the school district in which he

393

or she or his or her family lives they or their families live.

394

School districts shall assist such homeless children and youth to

395

meet the requirements of subsection (4) and s. 1003.22, as well

396

as local requirements for documentation.

397

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

398

shall require evidence that the child has attained the age at

399

which he or she should be admitted in accordance with the

400

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

401

superintendent may require evidence of the age of any child whom

402

he or she believes to be within the limits of compulsory

403

attendance as provided for by law. If the first prescribed

404

evidence is not available, the next evidence obtainable in the

405

order set forth below shall be accepted:

406

     (g)  If none of these evidences can be produced, an

407

affidavit of age sworn to by the parent, accompanied by a

408

certificate of age signed by a public health officer or by a

409

public school physician, or, if neither of these is available in

410

the county, by a licensed practicing physician designated by the

411

district school board, which certificate states that the health

412

officer or physician has examined the child and believes that the

413

age as stated in the affidavit is substantially correct. A

414

homeless child or youth who is experiencing homelessness, as

415

defined in s. 1003.01, or a child who is in foster care until the

416

time of achieving reunification or a permanent placement shall be

417

given temporary exemption from this section for 30 school days.

418

     Section 9.  Subsection (1) and paragraph (e) of subsection

419

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

420

     1003.22  School-entry health examinations; immunization

421

against communicable diseases; exemptions; duties of Department

422

of Health.--

423

     (1)  Each district school board and the governing authority

424

of each private school shall require that each child who is

425

entitled to admittance to kindergarten, or is entitled to any

426

other initial entrance into a public or private school in this

427

state, present a certification of a school-entry health

428

examination performed within 1 year prior to enrollment in

429

school. Each district school board, and the governing authority

430

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

431

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

432

school-entry health examination. A homeless child or youth who is

433

experiencing homelessness, as defined in s. 1003.01, or a child

434

who is in foster care until the time of achieving reunification

435

or a permanent placement shall be given a temporary exemption for

436

30 school days. Any district school board that establishes such a

437

policy shall include provisions in its local school health

438

services plan to assist students in obtaining the health

439

examinations. However, any child shall be exempt from the

440

requirement of a health examination upon written request of the

441

parent of the child stating objections to the examination on

442

religious grounds.

443

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

444

     (e)  An authorized school official issues a temporary

445

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

446

student who transfers into a new county to attend class until his

447

or her records can be obtained. A homeless child or youth who is

448

experiencing homelessness, as defined in s. 1003.01, or a child

449

who is in foster care until the time of achieving reunification

450

or a permanent placement shall be given a temporary exemption for

451

30 school days. The public school health nurse or authorized

452

private school official is responsible for followup of each such

453

student until proper documentation or immunizations are obtained.

454

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

455

juvenile justice program to permit the student to attend class

456

until his or her records can be obtained or until the

457

immunizations can be obtained. An authorized juvenile justice

458

official is responsible for followup of each student who enters a

459

juvenile justice program until proper documentation or

460

immunizations are obtained.

461

     Section 10.  Section 1003.572, Florida Statutes, is created

462

to read:

463

     1003.572 Appointment of surrogate parent.--

464

     (1) Each district school board must appoint a surrogate

465

parent for a child who has or is suspected of having a disability

466

when:

467

     (a) After reasonable efforts, no parent can be located; or

468

     (b) A court of competent jurisdiction over the child under

469

chapter 39 has determined that no person has the authority to

470

serve as the educational decisionmaker for the child.

471

472

The district school board must appoint the surrogate parent

473

within 30 days after notice that the child meets the criteria in

474

paragraph (a) or paragraph (b).

475

     (2) For a child in shelter care or with dependency status,

476

the responsibility to appoint a surrogate parent resides with

477

both the district school board and the court with jurisdiction

478

over the child. The district school board must defer to the

479

court's appointment of a surrogate parent under s. 39.0017 if

480

such appointment is made prior to the district school board's

481

appointment of a surrogate parent.

482

     (3) Qualifications for a surrogate parent are as follows:

483

     (a) A surrogate parent must be 18 years of age or older.

484

     (b) A surrogate parent must have no personal or

485

professional interests that conflict with the interests of the

486

child.

487

     (c) A guardian ad litem may serve as a surrogate parent.

488

     (d) A person may not serve as a surrogate parent if he or

489

she is an employee of the Department of Education, the local

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school district, a community-based care provider, the Department

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of Children and Family Services, or any other public or private

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agency involved in the education or care of the child; however, a

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person who acts in a parental role to a child, such as a foster

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parent or relative caregiver, is not prohibited from serving as a

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surrogate parent if employed by such agency. Group home staff and

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therapeutic foster home parents are deemed employees who are not

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acting in a parental role for this purpose.

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     (e) A person who is appointed as a surrogate parent is not

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an employee of an agency solely because he or she is paid by the

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agency to serve as a surrogate parent

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     (f) A surrogate parent must complete training provided or

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approved by the district school board to ensure that he or she

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has the knowledge and skills to adequately represent the child.

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     (4) Rights, responsibilities, and immunities of a surrogate

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parent are as follows:

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     (a) A surrogate parent is entitled to all of the rights

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afforded to a parent under this chapter.

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     (b) A surrogate parent is responsible for assisting the

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child's school with the identification, evaluation, and

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educational placement of the child in order to obtain a free

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appropriate education for the child.

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     (c) A person appointed as a surrogate parent who

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participates in proceedings related to the child's education

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shall be presumed prima facie to be acting in good faith and, in

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doing so, shall be immune from any civil or criminal liability

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that otherwise might be incurred or imposed.

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     Section 11.  This act shall take effect July 1, 2008.