CS/HB 769

1
A bill to be entitled
2An act relating to education for children in shelter care
3or foster care; amending s. 39.0016, F.S.; defining the
4term "surrogate parent"; providing conditions for district
5school board or court appointment of a surrogate parent
6for educational decisionmaking for a child who has or is
7suspected of having a disability; amending s. 39.202,
8F.S.; providing for access to certain records to liaisons
9between school districts and the Department of Children
10and Family Services; amending s. 39.402, F.S.; requiring
11access to a child's medical records and educational
12records if a child is placed in a shelter; amending s.
1339.701, F.S.; requiring the court and citizen review panel
14in judicial reviews to consider testimony by a surrogate
15parent for educational decisionmaking; amending s.
161000.21, F.S.; defining the term "surrogate parent" for
17purposes of the K-20 Education Code; amending s. 1003.21,
18F.S.; providing access to free public education for
19children known to the department; authorizing a temporary
20exemption relating to school attendance; amending s.
211003.22, F.S.; authorizing a temporary exemption from
22school-entry health examinations for children known to the
23department; creating s. 1003.572, F.S.; requiring a
24district school board to appoint a surrogate parent for a
25child who has or is suspected of having a disability under
26certain circumstances; providing joint responsibility of a
27district school board and the court; providing
28qualifications, responsibilities, and immunities for a
29surrogate parent; providing an effective date.
30
31Be It Enacted by the Legislature of the State of Florida:
32
33     Section 1.  Section 39.0016, Florida Statutes, is amended
34to read:
35     39.0016  Education of abused, neglected, and abandoned
36children; agency agreements; children having or suspected of
37having a disability.--
38     (1)  DEFINITIONS.--As used in this section, the term:
39     (a)  "Children known to the department" means children who
40are found to be dependent or children in shelter care.
41     (b)  "Department" means the Department of Children and
42Family Services or a community-based care lead agency acting on
43behalf of the Department of Children and Family Services, as
44appropriate.
45     (c)  "Surrogate parent" means an individual appointed to
46act in the place of a parent in educational decisionmaking and
47in safeguarding a child's rights under the Individuals with
48Disabilities Education Act, this section, and s. 1003.572.
49     (2)  AGENCY AGREEMENTS.--
50     (a)(3)  The department shall enter into an agreement with
51the Department of Education regarding the education and related
52care of children known to the department. Such agreement shall
53be designed to provide educational access to children known to
54the department for the purpose of facilitating the delivery of
55services or programs to children known to the department. The
56agreement shall avoid duplication of services or programs and
57shall provide for combining resources to maximize the
58availability or delivery of services or programs.
59     (b)(4)  The department shall enter into agreements with
60district school boards or other local educational entities
61regarding education and related services for children known to
62the department who are of school age and children known to the
63department who are younger than school age but who would
64otherwise qualify for services from the district school board.
65Such agreements shall include, but are not limited to:
66     1.(a)  A requirement that the department shall:
67     a.1.  Enroll children known to the department in school.
68The agreement shall provide for continuing the enrollment of a
69child known to the department at the same school, if possible,
70with the goal of avoiding disruption of education.
71     b.2.  Notify the school and school district in which a
72child known to the department is enrolled of the name and phone
73number of the child known to the department caregiver and
74caseworker for child safety purposes.
75     c.3.  Establish a protocol for the department to share
76information about a child known to the department with the
77school district, consistent with the Family Educational Rights
78and Privacy Act, since the sharing of information will assist
79each agency in obtaining education and related services for the
80benefit of the child.
81     d.4.  Notify the school district of the department's case
82planning for a child known to the department, both at the time
83of plan development and plan review. Within the plan development
84or review process, the school district may provide information
85regarding the child known to the department if the school
86district deems it desirable and appropriate.
87     2.(b)  A requirement that the district school board shall:
88     a.1.  Provide the department with a general listing of the
89services and information available from the district school
90board, including, but not limited to, the current Sunshine State
91Standards, the Surrogate Parent Training Manual, and other
92resources accessible through the Department of Education or
93local school districts to facilitate educational access for a
94child known to the department.
95     b.2.  Identify all educational and other services provided
96by the school and school district which the school district
97believes are reasonably necessary to meet the educational needs
98of a child known to the department.
99     c.3.  Determine whether transportation is available for a
100child known to the department when such transportation will
101avoid a change in school assignment due to a change in
102residential placement. Recognizing that continued enrollment in
103the same school throughout the time the child known to the
104department is in out-of-home care is preferable unless
105enrollment in the same school would be unsafe or otherwise
106impractical, the department, the district school board, and the
107Department of Education shall assess the availability of
108federal, charitable, or grant funding for such transportation.
109     d.4.  Provide individualized student intervention or an
110individual educational plan when a determination has been made
111through legally appropriate criteria that intervention services
112are required. The intervention or individual educational plan
113must include strategies to enable the child known to the
114department to maximize the attainment of educational goals.
115     3.(c)  A requirement that the department and the district
116school board shall cooperate in accessing the services and
117supports needed for a child known to the department who has or
118is suspected of having a disability to receive an appropriate
119education consistent with the Individuals with Disabilities
120Education Act and state implementing laws, rules, and
121assurances. Coordination of services for a child known to the
122department who has or is suspected of having a disability may
123include:
124     a.1.  Referral for screening.
125     b.2.  Sharing of evaluations between the school district
126and the department where appropriate.
127     c.3.  Provision of education and related services
128appropriate for the needs and abilities of the child known to
129the department.
130     d.4.  Coordination of services and plans between the school
131and the residential setting to avoid duplication or conflicting
132service plans.
133     e.5.  Appointment of a surrogate parent, consistent with
134the Individuals with Disabilities Education Act and pursuant to
135subsection (3) and s. 1003.572, for educational purposes for a
136child known to the department who qualifies as soon as the child
137is determined to be dependent and without a parent to act for
138the child. The surrogate parent shall be appointed by the school
139district without regard to where the child known to the
140department is placed so that one surrogate parent can follow the
141education of the child known to the department during his or her
142entire time in state custody.
143     f.6.  For each child known to the department 14 years of
144age and older, transition planning by the department and all
145providers, including the department's independent living program
146staff, to meet the requirements of the local school district for
147educational purposes.
148     (c)(2)  The provisions of this subsection section establish
149standards goals and not rights. This subsection section does not
150require the delivery of any particular service or level of
151service in excess of existing appropriations. A person may not
152maintain a cause of action against the state or any of its
153subdivisions, agencies, contractors, subcontractors, or agents
154based upon this subsection section becoming law or failure by
155the Legislature to provide adequate funding for the achievement
156of these standards goals. This subsection section does not
157require the expenditure of funds to meet the standards goals
158established in this subsection section except funds specifically
159appropriated for such purpose.
160     (3)  CHILDREN HAVING OR SUSPECTED OF HAVING A DISABILITY.--
161     (a)1.  The Legislature finds that disability is a natural
162part of the human experience and in no way diminishes the right
163of individuals to participate in or contribute to society.
164Improving educational results for children with disabilities is
165an essential element of our public policy of ensuring equality
166of opportunity, full participation, independent living, and
167economic self-sufficiency for individuals with disabilities.
168     2.  The Legislature also finds that research and experience
169have shown that the education of children with disabilities can
170be made more effective by:
171     a.  Having high expectations for these children and
172ensuring their access to the general education curriculum in the
173regular classroom, to the maximum extent possible.
174     b.  Providing appropriate special education and related
175services, and aids and supports in the regular classroom, to
176these children, whenever appropriate.
177     c.  Having a trained, interested, and consistent
178educational decisionmaker for the child when the parent is
179legally unavailable or when the foster parent is unwilling or
180not trained in the exceptional student education process.
181     3.  It is, therefore, the intent of the Legislature that
182all children with disabilities known to the department,
183consistent with the Individuals with Disabilities Education Act
184and s. 1003.572, have available to them a free, appropriate
185public education that emphasizes special education and related
186services designed to meet their unique needs and prepare them
187for further education, employment, and independent living and
188that the rights of children with disabilities are protected.
189     (b)1.  Each district school board must appoint a surrogate
190parent under s. 1003.572 for a child known to the department who
191has or is suspected of having a disability, as defined in s.
1921003.01(3), when:
193     a.  After reasonable efforts, no parent can be located; or
194     b.  A court of competent jurisdiction over a child under
195this chapter has determined that no person has the authority,
196willingness, or ability to serve as the educational
197decisionmaker for the child.
198     2.  The district school board must appoint a surrogate
199parent within 30 days after notice that the child meets the
200criteria in this paragraph.
201     3.  A surrogate parent must be appointed by the district
202school board without regard to where the child is placed so that
203one surrogate parent can follow the education of the child
204during his or her entire time in state custody.
205     4.  For a child known to the department, the responsibility
206to appoint a surrogate parent resides with both the district
207school board and the court with jurisdiction over the child;
208however, the court may defer to the district school board's
209appointment of a surrogate parent under s. 1003.572 if such
210appointment is made prior to the court's appointment of a
211surrogate parent. At any time that the court determines that it
212is in the best interests of a child to remove a surrogate
213parent, the court may appoint a new surrogate parent for
214educational decisionmaking purposes for that child.
215     (4)(5)  TRAINING.--The department shall incorporate an
216education component into all training programs of the department
217regarding children known to the department. Such training shall
218be coordinated with the Department of Education and the local
219school districts. The department shall offer opportunities for
220education personnel to participate in such training. Such
221coordination shall include, but not be limited to, notice of
222training sessions, opportunities to purchase training materials,
223proposals to avoid duplication of services by offering joint
224training, and incorporation of materials available from the
225Department of Education and local school districts into the
226department training when appropriate. The department training
227components shall include:
228     (a)  Training for surrogate parents to include how an
229ability to learn of a child known to the department is affected
230by abuse, abandonment, neglect, and removal from the home.
231     (b)  Training for parents in cases in which reunification
232is the goal, or for preadoptive parents when adoption is the
233goal, so that such parents learn how to access the services the
234child known to the department needs and the importance of their
235involvement in the education of the child known to the
236department.
237     (c)  Training for caseworkers and foster parents to include
238information on the right of the child known to the department to
239an education, the role of an education in the development and
240adjustment of a child known to the department, the proper ways
241to access education and related services for the child known to
242the department, and the importance and strategies for parental
243involvement in education for the success of the child known to
244the department.
245     (d)  Training of caseworkers regarding the services and
246information available through the Department of Education and
247local school districts, including, but not limited to, the
248current Sunshine State Standards, the Surrogate Parent Training
249Manual, and other resources accessible through the Department of
250Education or local school districts to facilitate educational
251access for a child known to the department.
252     Section 2.  Paragraph (p) of subsection (2) of section
25339.202, Florida Statutes, is amended to read:
254     39.202  Confidentiality of reports and records in cases of
255child abuse or neglect.--
256     (2)  Except as provided in subsection (4), access to such
257records, excluding the name of the reporter which shall be
258released only as provided in subsection (5), shall be granted
259only to the following persons, officials, and agencies:
260     (p)  An employee of the local school district who is
261designated as a liaison between the school district and the
262department pursuant to an interagency agreement required under
263s. 39.0016 and the principal of a public school, private school,
264or charter school where the child is a student. Information
265contained in the records which the liaison or the principal
266determines are necessary for a school employee to effectively
267provide a student with educational services may be released to
268that employee.
269     Section 3.  Subsections (11) of section 39.402, Florida
270Statutes, is amended to read:
271     39.402  Placement in a shelter.--
272     (11)(a)  If a child is placed in a shelter pursuant to a
273court order following a shelter hearing, the court shall require
274in the shelter hearing order that the parents of the child, or
275the guardian of the child's estate, if possessed of assets which
276under law may be disbursed for the care, support, and
277maintenance of the child, to pay, to the department or
278institution having custody of the child, fees as established by
279the department. When the order affects the guardianship estate,
280a certified copy of the order shall be delivered to the judge
281having jurisdiction of the guardianship estate. The shelter
282order shall also require the parents to provide to the
283department and any other state agency or party designated by the
284court, within 28 days after entry of the shelter order, the
285financial information necessary to accurately calculate child
286support pursuant to s. 61.30.
287     (b)  The court shall request that the parents consent to
288provide access to the child's medical records and provide
289information to the court, the department or its contract
290agencies, and any guardian ad litem or attorney for the child.
291If a parent is unavailable or unable to consent or withholds
292consent and the court determines access to the records and
293information is necessary to provide services to the child, the
294court shall issue an order granting access. The parent or legal
295guardian shall provide all known medical information to the
296department.
297     (c)  The court shall request that the parents consent to
298provide access to the child's educational records and provide
299information to the court, the department or its contract
300agencies, and any guardian ad litem or attorney for the child.
301If a parent is unavailable or unable to consent or withholds
302consent and the court determines access to the records and
303information is necessary to provide services to the child, the
304court shall issue an order granting access. The court may
305appoint a surrogate parent under s. 1003.572 or may refer the
306child to the district school board for appointment of a
307surrogate parent.
308     Section 4.  Subsection (8) of section 39.701, Florida
309Statutes, is amended to read:
310     39.701  Judicial review.--
311     (8)  The court and any citizen review panel shall take into
312consideration the information contained in the social services
313study and investigation and all medical, psychological, and
314educational records that support the terms of the case plan;
315testimony by the social services agency, the parent, the foster
316parent or legal custodian, the guardian ad litem or surrogate
317parent for educational decisionmaking if one has been appointed
318for the child, and any other person deemed appropriate; and any
319relevant and material evidence submitted to the court, including
320written and oral reports to the extent of their probative value.
321These reports and evidence may be received by the court in its
322effort to determine the action to be taken with regard to the
323child and may be relied upon to the extent of their probative
324value, even though not competent in an adjudicatory hearing. In
325its deliberations, the court and any citizen review panel shall
326seek to determine:
327     (a)  If the parent was advised of the right to receive
328assistance from any person or social service agency in the
329preparation of the case plan.
330     (b)  If the parent has been advised of the right to have
331counsel present at the judicial review or citizen review
332hearings. If not so advised, the court or citizen review panel
333shall advise the parent of such right.
334     (c)  If a guardian ad litem needs to be appointed for the
335child in a case in which a guardian ad litem has not previously
336been appointed or if there is a need to continue a guardian ad
337litem in a case in which a guardian ad litem has been appointed.
338     (d)  If a surrogate parent has been appointed for a child
339who qualifies under s. 1003.572.
340     (e)(d)  The compliance or lack of compliance of all parties
341with applicable items of the case plan, including the parents'
342compliance with child support orders.
343     (f)(e)  The compliance or lack of compliance with a
344visitation contract between the parent and the social service
345agency for contact with the child, including the frequency,
346duration, and results of the parent-child visitation and the
347reason for any noncompliance.
348     (g)(f)  The compliance or lack of compliance of the parent
349in meeting specified financial obligations pertaining to the
350care of the child, including the reason for failure to comply if
351such is the case.
352     (h)(g)  Whether the child is receiving safe and proper care
353according to s. 39.6012, including, but not limited to, the
354appropriateness of the child's current placement, including
355whether the child is in a setting that is as family-like and as
356close to the parent's home as possible, consistent with the
357child's best interests and special needs, and including
358maintaining stability in the child's educational placement.
359     (i)(h)  A projected date likely for the child's return home
360or other permanent placement.
361     (j)(i)  When appropriate, the basis for the unwillingness
362or inability of the parent to become a party to a case plan. The
363court and the citizen review panel shall determine if the
364efforts of the social service agency to secure party
365participation in a case plan were sufficient.
366     (k)(j)  For a child who has reached 13 years of age but is
367not yet 18 years of age, the adequacy of the child's preparation
368for adulthood and independent living.
369     (l)(k)  If amendments to the case plan are required.
370Amendments to the case plan must be made under s. 39.6013.
371     Section 5.  Subsection (8) of section 1000.21, Florida
372Statutes, is renumbered as subsection (9), and a new subsection
373(8) is added to that section to read:
374     1000.21  Systemwide definitions.--As used in the Florida K-
37520 Education Code:
376     (8)  "Surrogate parent" means an individual appointed to
377act in the place of a parent in educational decisionmaking and
378in safeguarding a child's rights under the Individuals with
379Disabilities Education Act and ss. 39.0016 and 1003.572.
380     Section 6. Paragraph (f) of subsection (1) and paragraph
381(g) of subsection (4) of section 1003.21, Florida Statutes, are
382amended to read:
383     1003.21  School attendance.--
384     (1)
385     (f)  Homeless children, as defined in s. 1003.01, and
386children who are known to the department, as defined in s.
38739.0016, must have access to a free public education and must be
388admitted to school in the school district in which they or their
389families live. School districts shall assist homeless children
390and children who are known to the department to meet the
391requirements of subsection (4) and s. 1003.22, as well as local
392requirements for documentation.
393     (4)  Before admitting a child to kindergarten, the
394principal shall require evidence that the child has attained the
395age at which he or she should be admitted in accordance with the
396provisions of subparagraph (1)(a)2. The district school
397superintendent may require evidence of the age of any child whom
398he or she believes to be within the limits of compulsory
399attendance as provided for by law. If the first prescribed
400evidence is not available, the next evidence obtainable in the
401order set forth below shall be accepted:
402     (g)  If none of these evidences can be produced, an
403affidavit of age sworn to by the parent, accompanied by a
404certificate of age signed by a public health officer or by a
405public school physician, or, if neither of these is available in
406the county, by a licensed practicing physician designated by the
407district school board, which certificate states that the health
408officer or physician has examined the child and believes that
409the age as stated in the affidavit is substantially correct. A
410homeless child, as defined in s. 1003.01, and a child who is
411known to the department, as defined in s. 39.0016, shall be
412given temporary exemption from this section for 30 school days.
413     Section 7.  Subsection (1) and paragraph (e) of subsection
414(5) of section 1003.22, Florida Statutes, are amended to read:
415     1003.22  School-entry health examinations; immunization
416against communicable diseases; exemptions; duties of Department
417of Health.--
418     (1)  Each district school board and the governing authority
419of each private school shall require that each child who is
420entitled to admittance to kindergarten, or is entitled to any
421other initial entrance into a public or private school in this
422state, present a certification of a school-entry health
423examination performed within 1 year prior to enrollment in
424school. Each district school board, and the governing authority
425of each private school, may establish a policy that permits a
426student up to 30 school days to present a certification of a
427school-entry health examination. A homeless child, as defined in
428s. 1003.01, and a child who is known to the department, as
429defined in s. 39.0016, shall be given a temporary exemption for
43030 school days. Any district school board that establishes such
431a policy shall include provisions in its local school health
432services plan to assist students in obtaining the health
433examinations. However, any child shall be exempt from the
434requirement of a health examination upon written request of the
435parent of the child stating objections to the examination on
436religious grounds.
437     (5)  The provisions of this section shall not apply if:
438     (e)  An authorized school official issues a temporary
439exemption, for a period not to exceed 30 school days, to permit
440a student who transfers into a new county to attend class until
441his or her records can be obtained. A homeless child, as defined
442in s. 1003.01, and a child who is known to the department, as
443defined in s. 39.0016, shall be given a temporary exemption for
44430 school days. The public school health nurse or authorized
445private school official is responsible for followup of each such
446student until proper documentation or immunizations are
447obtained. An exemption for 30 days may be issued for a student
448who enters a juvenile justice program to permit the student to
449attend class until his or her records can be obtained or until
450the immunizations can be obtained. An authorized juvenile
451justice official is responsible for followup of each student who
452enters a juvenile justice program until proper documentation or
453immunizations are obtained.
454     Section 8.  Section 1003.572, Florida Statutes, is created
455to read:
456     1003.572  Appointment of surrogate parent.--
457     (1)  Each district school board must appoint a surrogate
458parent for a child known to the department, as defined in s.
45939.0016, who has or is suspected of having a disability when:
460     (a)  After reasonable efforts, no parent can be located; or
461     (b)  A court of competent jurisdiction over the child under
462chapter 39 has determined that no person has the authority,
463willingness, or ability to serve as the educational
464decisionmaker for the child.
465     (2)  The district school board must appoint the surrogate
466parent within 30 days after notice that the child meets the
467criteria in subsection (1).
468     (3)  A surrogate parent must be appointed by the district
469school board without regard to where the child is placed so that
470one surrogate parent can follow the education of the child
471during his or her entire time in state custody.
472     (4)  For a child known to the department, as defined in s.
47339.0016, the responsibility to appoint a surrogate parent
474resides with both the district school board and the court with
475jurisdiction over the child. The district school board may defer
476to the court's appointment of a surrogate parent under s.
47739.0016.
478     (5)  An individual qualified to be appointed as a surrogate
479parent must:
480     (a)  Be 18 years of age or older.
481     (b)  Have the knowledge, skills, and experience gained
482through successfully completing training using training
483materials developed and approved by the Division of Public
484Schools of the department or comparable knowledge, training, or
485experience needed to ensure adequate representation of the
486child.
487     (c)  Have no personal or professional interests that
488conflict with the interests of the child.
489     (d)  Not be an employee of the department, the district
490school board, a community-based care provider under s. 409.1671,
491the Department of Children and Family Services, or any other
492public or private agency involved in the education or care of
493the child. However:
494     1.  An individual who acts in a parental role to a child,
495such as a foster parent or relative caregiver, is not prohibited
496from serving as a surrogate parent if he or she is employed by
497such agency in a role not related to the child's care or
498custody.
499     2.  Group home staff and therapeutic foster home parents
500are deemed employees who are not acting in a parental role for
501this purpose.
502     3.  A person who is appointed as a surrogate parent is not
503an employee of an agency solely because he or she is paid by the
504agency to serve as a surrogate parent.
505     4.  A guardian ad litem may serve as a surrogate parent.
506     5.  A relative or other adult involved in the child's life,
507regardless of whether or not that person has custody of the
508child, may serve as a surrogate parent.
509     (6)  An individual appointed as a surrogate parent shall:
510     (a)  Become acquainted with the child and be knowledgeable
511about his or her handicapping condition and educational needs.
512     (b)  Represent the child in all matters relating to the
513identification, evaluation, and educational placement of the
514child.
515     (c)  Represent the interests and safeguard the rights of
516the child in educational decisions that affect the child.
517     (d)  Represent the child in all matters relating to the
518provision of a free, appropriate public education for the child.
519     (7)  The responsibilities of an individual appointed as a
520surrogate parent shall not extend to:
521     (a)  The care, maintenance, custody, residential placement,
522or any other area not specifically related to the education of
523the child; or
524     (b)  The identification or evaluation of the child that
525does not relate specifically to special education.
526     (8)  An individual appointed as a surrogate parent shall
527not be held liable for actions taken in good faith on behalf of
528the child in protecting the special education rights of the
529child.
530     (9)  Nothing in this section shall preclude the appointment
531of a surrogate parent for a student who is gifted as defined in
532s. 1003.01(3).
533     Section 9.  This act shall take effect July 1, 2008.


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