Florida Senate - 2009 SB 1128
By Senator Rich
34-00599-09 20091128__
1 A bill to be entitled
2 An act relating to education for children in shelter
3 care or foster care; amending s. 39.0016, F.S.;
4 defining the term “surrogate parent”; providing
5 legislative intent; providing conditions for district
6 school board or court appointment of a surrogate
7 parent for educational decisionmaking for a child who
8 has or is suspected of having a disability; amending
9 s. 39.202, F.S.; providing for access to certain
10 records to liaisons between school districts and the
11 Department of Children and Family Services; amending
12 s. 39.402, F.S.; requiring access to a child's medical
13 records and educational records if a child is placed
14 in a shelter; amending s. 39.701, F.S.; requiring the
15 court and citizen review panel in judicial reviews to
16 consider testimony by a surrogate parent for
17 educational decisionmaking; providing for additional
18 deliberations relating to appointment of an
19 educational decisionmaker; requiring certain
20 documentation relating to the educational setting;
21 amending s. 1003.21, F.S.; providing access to free
22 public education for children known to the department;
23 authorizing a temporary exemption relating to school
24 attendance; amending s. 1003.22, F.S.; authorizing a
25 temporary exemption from school-entry health
26 examinations for children known to the department;
27 providing an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Section 39.0016, Florida Statutes, is amended to
32 read:
33 39.0016 Education of abused, neglected, and abandoned
34 children; agency agreements; children having or suspected of
35 having a disability.—
36 (1) DEFINITIONS.—As used in this section, the term:
37 (a) “Children known to the department” means children who
38 are found to be dependent or children in shelter care.
39 (b) “Department” means the Department of Children and
40 Family Services or a community-based care lead agency acting on
41 behalf of the Department of Children and Family Services, as
42 appropriate.
43 (c) “Surrogate parent” means an individual appointed to act
44 in the place of a parent in educational decisionmaking and in
45 safeguarding a child's rights under the Individuals with
46 Disabilities Education Act and this section.
47 (2) AGENCY AGREEMENTS.—
48 (a)(3) The department shall enter into an agreement with
49 the Department of Education regarding the education and related
50 care of children known to the department. Such agreement shall
51 be designed to provide educational access to children known to
52 the department for the purpose of facilitating the delivery of
53 services or programs to children known to the department. The
54 agreement shall avoid duplication of services or programs and
55 shall provide for combining resources to maximize the
56 availability or delivery of services or programs.
57 (b)(4) The department shall enter into agreements with
58 district school boards or other local educational entities
59 regarding education and related services for children known to
60 the department who are of school age and children known to the
61 department who are younger than school age but who would
62 otherwise qualify for services from the district school board.
63 Such agreements shall include, but are not limited to:
64 1.(a) A requirement that the department shall:
65 a.1. Enroll children known to the department in school. The
66 agreement shall provide for continuing the enrollment of a child
67 known to the department at the same school, if possible, with
68 the goal of avoiding disruption of education.
69 b.2. Notify the school and school district in which a child
70 known to the department is enrolled of the name and phone number
71 of the child known to the department caregiver and caseworker
72 for child safety purposes.
73 c.3. Establish a protocol for the department to share
74 information about a child known to the department with the
75 school district, consistent with the Family Educational Rights
76 and Privacy Act, since the sharing of information will assist
77 each agency in obtaining education and related services for the
78 benefit of the child.
79 d.4. Notify the school district of the department's case
80 planning for a child known to the department, both at the time
81 of plan development and plan review. Within the plan development
82 or review process, the school district may provide information
83 regarding the child known to the department if the school
84 district deems it desirable and appropriate.
85 2.(b) A requirement that the district school board shall:
86 a.1. Provide the department with a general listing of the
87 services and information available from the district school
88 board, including, but not limited to, the current Sunshine State
89 Standards, the Surrogate Parent Training Manual, and other
90 resources accessible through the Department of Education or
91 local school districts to facilitate educational access for a
92 child known to the department.
93 b.2. Identify all educational and other services provided
94 by the school and school district which the school district
95 believes are reasonably necessary to meet the educational needs
96 of a child known to the department.
97 c.3. Determine whether transportation is available for a
98 child known to the department when such transportation will
99 avoid a change in school assignment due to a change in
100 residential placement. Recognizing that continued enrollment in
101 the same school throughout the time the child known to the
102 department is in out-of-home care is preferable unless
103 enrollment in the same school would be unsafe or otherwise
104 impractical, the department, the district school board, and the
105 Department of Education shall assess the availability of
106 federal, charitable, or grant funding for such transportation.
107 d.4. Provide individualized student intervention or an
108 individual educational plan when a determination has been made
109 through legally appropriate criteria that intervention services
110 are required. The intervention or individual educational plan
111 must include strategies to enable the child known to the
112 department to maximize the attainment of educational goals.
113 3.(c) A requirement that the department and the district
114 school board shall cooperate in accessing the services and
115 supports needed for a child known to the department who has or
116 is suspected of having a disability to receive an appropriate
117 education consistent with the Individuals with Disabilities
118 Education Act and state implementing laws, rules, and
119 assurances. Coordination of services for a child known to the
120 department who has or is suspected of having a disability may
121 include:
122 a.1. Referral for screening.
123 b.2. Sharing of evaluations between the school district and
124 the department where appropriate.
125 c.3. Provision of education and related services
126 appropriate for the needs and abilities of the child known to
127 the department.
128 d.4. Coordination of services and plans between the school
129 and the residential setting to avoid duplication or conflicting
130 service plans.
131 e.5. Appointment of a surrogate parent, consistent with the
132 Individuals with Disabilities Education Act and pursuant to
133 subsection (3), for educational purposes for a child known to
134 the department who qualifies as soon as the child is determined
135 to be dependent and without a parent to act for the child. The
136 surrogate parent shall be appointed by the school district
137 without regard to where the child known to the department is
138 placed so that one surrogate parent can follow the education of
139 the child known to the department during his or her entire time
140 in state custody.
141 f.6. For each child known to the department 14 years of age
142 and older, transition planning by the department and all
143 providers, including the department's independent living program
144 staff, to meet the requirements of the local school district for
145 educational purposes.
146 (c)(2) The provisions of this subsection section establish
147 standards goals and not rights. This subsection section does not
148 require the delivery of any particular service or level of
149 service in excess of existing appropriations. A person may not
150 maintain a cause of action against the state or any of its
151 subdivisions, agencies, contractors, subcontractors, or agents
152 based upon this subsection section becoming law or failure by
153 the Legislature to provide adequate funding for the achievement
154 of these standards goals. This subsection section does not
155 require the expenditure of funds to meet the standards goals
156 established in this subsection section except funds specifically
157 appropriated for such purpose.
158 (3) CHILDREN HAVING OR SUSPECTED OF HAVING A DISABILITY.—
159 (a)1. The Legislature finds that disability is a natural
160 part of the human experience and in no way diminishes the right
161 of individuals to participate in or contribute to society.
162 Improving educational results for children with disabilities is
163 an essential element of our public policy of ensuring equality
164 of opportunity, full participation, independent living, and
165 economic self-sufficiency for individuals with disabilities.
166 2. The Legislature also finds that research and experience
167 have shown that the education of children with disabilities can
168 be made more effective by:
169 a. Having high expectations for these children and ensuring
170 their access to the general education curriculum in the regular
171 classroom, to the maximum extent possible.
172 b. Providing appropriate exceptional student education,
173 related services, and aids and supports in the least restrictive
174 environment appropriate for these children.
175 c. Having a trained, interested, and consistent educational
176 decisionmaker for the child when the parent is determined to be
177 legally unavailable or when the foster parent is unwilling, has
178 no significant relationship with the child, or is not trained in
179 the exceptional student education process.
180 3. It is, therefore, the intent of the Legislature that all
181 children with disabilities known to the department, consistent
182 with the Individuals with Disabilities Education Act, have
183 available to them a free, appropriate public education that
184 emphasizes exceptional student education and related services
185 designed to meet their unique needs and prepare them for further
186 education, employment, and independent living and that the
187 rights of children with disabilities are protected.
188 (b)1. Each district school board or dependency court must
189 appoint a surrogate parent for a child known to the department
190 who has or is suspected of having a disability, as defined in s.
191 1003.01(3), when:
192 a. After reasonable efforts, no parent can be located;
193 b. A court of competent jurisdiction over a child has
194 determined that no person has the authority under the
195 Individuals with Disabilities Education Act or that no person
196 with such authority is willing or able to serve as the
197 educational decisionmaker for the child; or
198 c. The child is residing in a licensed group care or
199 therapeutic setting wherein the Individuals with Disabilities
200 Education Act prohibits staff from acting as a surrogate parent
201 for educational decisionmaking.
202 2. The dependency court may appoint a surrogate parent for
203 any child who is under its jurisdiction. A surrogate parent
204 appointed by the court must be at least 18 years old. The court
205 may not appoint an employee of the Department of Education, the
206 local school district, a community-based care provider, the
207 Department of Children and Family Services, or any other public
208 or private agency involved in the education or care of the child
209 as appointment of those persons is prohibited by federal law.
210 However, a person who acts in a parental role to a child, such
211 as a foster parent or relative caregiver, is not prohibited from
212 serving as a surrogate parent if employed by such agency,
213 willing to serve, and knowledgeable about the child and about
214 the exceptional student education process. Group home staff and
215 therapeutic foster home parents may not be appointed. The
216 surrogate parent may be a relative or other adult involved in
217 the child's life regardless of whether that person has physical
218 custody of the child.
219 3. The district school board must accept the appointment of
220 the court or must appoint a surrogate parent within 30 days
221 after notice that the child meets the criteria in this paragraph
222 and no court appointment has been made.
223 4. A surrogate parent appointed by the district school
224 board must be accepted by any subsequent school without regard
225 to where the child is receiving residential care so that a
226 single surrogate parent can follow the education of the child
227 during his or her entire time in state custody.
228 5. For a child known to the department, the responsibility
229 to appoint a surrogate parent resides with both the district
230 school board and the court with jurisdiction over the child. If
231 the court elects to appoint a surrogate parent, notice shall be
232 provided as soon as practicable to the child's school. At any
233 time that the court determines that it is in the best interests
234 of a child to remove a surrogate parent, the court may appoint a
235 new surrogate parent for educational decisionmaking purposes for
236 that child.
237 (4)(5) TRAINING.—The department shall incorporate an
238 education component into all training programs of the department
239 regarding children known to the department. Such training shall
240 be coordinated with the Department of Education and the local
241 school districts. The department shall offer opportunities for
242 education personnel to participate in such training. Such
243 coordination shall include, but not be limited to, notice of
244 training sessions, opportunities to purchase training materials,
245 proposals to avoid duplication of services by offering joint
246 training, and incorporation of materials available from the
247 Department of Education and local school districts into the
248 department training when appropriate. The department training
249 components shall include:
250 (a) Training for surrogate parents to include how an
251 ability to learn of a child known to the department is affected
252 by abuse, abandonment, neglect, and removal from the home.
253 (b) Training for parents in cases in which reunification is
254 the goal, or for preadoptive parents when adoption is the goal,
255 so that such parents learn how to access the services the child
256 known to the department needs and the importance of their
257 involvement in the education of the child known to the
258 department.
259 (c) Training for caseworkers and foster parents to include
260 information on the right of the child known to the department to
261 an education, the role of an education in the development and
262 adjustment of a child known to the department, the proper ways
263 to access education and related services for the child known to
264 the department, and the importance and strategies for parental
265 involvement in education for the success of the child known to
266 the department.
267 (d) Training of caseworkers regarding the services and
268 information available through the Department of Education and
269 local school districts, including, but not limited to, the
270 current Sunshine State Standards, the Surrogate Parent Training
271 Manual, and other resources accessible through the Department of
272 Education or local school districts to facilitate educational
273 access for a child known to the department.
274 Section 2. Paragraph (p) of subsection (2) of section
275 39.202, Florida Statutes, is amended to read:
276 39.202 Confidentiality of reports and records in cases of
277 child abuse or neglect.—
278 (2) Except as provided in subsection (4), access to such
279 records, excluding the name of the reporter which shall be
280 released only as provided in subsection (5), shall be granted
281 only to the following persons, officials, and agencies:
282 (p) An employee of the local school district who is
283 designated as a liaison between the school district and the
284 department pursuant to an interagency agreement required under
285 s. 39.0016 and the principal of a public school, private school,
286 or charter school where the child is a student. Information
287 contained in the records which the liaison or the principal
288 determines are necessary for a school employee to effectively
289 provide a student with educational services may be released to
290 that employee.
291 Section 3. Subsection (11) of section 39.402, Florida
292 Statutes, is amended to read:
293 39.402 Placement in a shelter.—
294 (11)(a) If a child is placed in a shelter pursuant to a
295 court order following a shelter hearing, the court shall require
296 in the shelter hearing order that the parents of the child, or
297 the guardian of the child's estate, if possessed of assets which
298 under law may be disbursed for the care, support, and
299 maintenance of the child, to pay, to the department or
300 institution having custody of the child, fees as established by
301 the department. When the order affects the guardianship estate,
302 a certified copy of the order shall be delivered to the judge
303 having jurisdiction of the guardianship estate. The shelter
304 order shall also require the parents to provide to the
305 department and any other state agency or party designated by the
306 court, within 28 days after entry of the shelter order, the
307 financial information necessary to accurately calculate child
308 support pursuant to s. 61.30.
309 (b) The court shall request that the parents consent to
310 provide access to the child's medical records and provide
311 information to the court, the department or its contract
312 agencies, and any guardian ad litem or attorney for the child.
313 If a parent is unavailable or unable to consent or withholds
314 consent and the court determines access to the records and
315 information is necessary to provide services to the child, the
316 court shall issue an order granting access. The court may also
317 order the parents to The parent or legal guardian shall provide
318 all known medical information to the department and to any
319 others granted access under this subsection.
320 (c) The court shall request that the parents consent to
321 provide access to the child's educational records and provide
322 information to the court, the department or its contract
323 agencies, and any guardian ad litem or attorney for the child.
324 If a parent is unavailable or unable to consent or withholds
325 consent and the court determines access to the records and
326 information is necessary to provide services to the child, the
327 court shall issue an order granting access. The court may
328 appoint a surrogate parent or may refer the child to the
329 district school board for appointment of a surrogate parent.
330 Section 4. Subsection (8) of section 39.701, Florida
331 Statutes, is amended to read:
332 39.701 Judicial review.—
333 (8) The court and any citizen review panel shall take into
334 consideration the information contained in the social services
335 study and investigation and all medical, psychological, and
336 educational records that support the terms of the case plan;
337 testimony by the social services agency, the parent, the foster
338 parent or legal custodian, the guardian ad litem or surrogate
339 parent for educational decisionmaking if one has been appointed
340 for the child, and any other person deemed appropriate; and any
341 relevant and material evidence submitted to the court, including
342 written and oral reports to the extent of their probative value.
343 These reports and evidence may be received by the court in its
344 effort to determine the action to be taken with regard to the
345 child and may be relied upon to the extent of their probative
346 value, even though not competent in an adjudicatory hearing. In
347 its deliberations, the court and any citizen review panel shall
348 seek to determine:
349 (a) If the parent was advised of the right to receive
350 assistance from any person or social service agency in the
351 preparation of the case plan.
352 (b) If the parent has been advised of the right to have
353 counsel present at the judicial review or citizen review
354 hearings. If not so advised, the court or citizen review panel
355 shall advise the parent of such right.
356 (c) If a guardian ad litem needs to be appointed for the
357 child in a case in which a guardian ad litem has not previously
358 been appointed or if there is a need to continue a guardian ad
359 litem in a case in which a guardian ad litem has been appointed.
360 (d) Who holds the rights to make educational decisions for
361 the child. If appropriate, the court may refer the child to the
362 district school board for appointment of a surrogate parent or
363 may itself appoint a surrogate parent under the Individuals with
364 Disabilities Education Act and s. 39.0016.
365 (e)(d) The compliance or lack of compliance of all parties
366 with applicable items of the case plan, including the parents'
367 compliance with child support orders.
368 (f)(e) The compliance or lack of compliance with a
369 visitation contract between the parent and the social service
370 agency for contact with the child, including the frequency,
371 duration, and results of the parent-child visitation and the
372 reason for any noncompliance.
373 (g)(f) The compliance or lack of compliance of the parent
374 in meeting specified financial obligations pertaining to the
375 care of the child, including the reason for failure to comply if
376 such is the case.
377 (h)(g) Whether the child is receiving safe and proper care
378 according to s. 39.6012, including, but not limited to, the
379 appropriateness of the child's current placement, including
380 whether the child is in a setting that is as family-like and as
381 close to the parent's home as possible, consistent with the
382 child's best interests and special needs, and including
383 maintaining stability in the child's educational placement, as
384 documented by assurances from the community-based care provider
385 that:
386 1. The placement of the child takes into account the
387 appropriateness of the current educational setting and the
388 proximity to the school in which the child is enrolled at the
389 time of placement.
390 2. The community-based care agency has coordinated with
391 appropriate local educational agencies to ensure that the child
392 remains in the school in which the child is enrolled at the time
393 of placement.
394 (i)(h) A projected date likely for the child's return home
395 or other permanent placement.
396 (j)(i) When appropriate, the basis for the unwillingness or
397 inability of the parent to become a party to a case plan. The
398 court and the citizen review panel shall determine if the
399 efforts of the social service agency to secure party
400 participation in a case plan were sufficient.
401 (k)(j) For a child who has reached 13 years of age but is
402 not yet 18 years of age, the adequacy of the child's preparation
403 for adulthood and independent living.
404 (l)(k) If amendments to the case plan are required.
405 Amendments to the case plan must be made under s. 39.6013.
406 Section 5. Paragraph (f) of subsection (1) and paragraph
407 (g) of subsection (4) of section 1003.21, Florida Statutes, are
408 amended to read:
409 1003.21 School attendance.—
410 (1)
411 (f) Homeless children, as defined in s. 1003.01, and
412 children who are known to the department, as defined in s.
413 39.0016, must have access to a free public education and must be
414 admitted to school in the school district in which they or their
415 families live. School districts shall assist homeless children
416 and children who are known to the department to meet the
417 requirements of subsection (4) and s. 1003.22, as well as local
418 requirements for documentation.
419 (4) Before admitting a child to kindergarten, the principal
420 shall require evidence that the child has attained the age at
421 which he or she should be admitted in accordance with the
422 provisions of subparagraph (1)(a)2. The district school
423 superintendent may require evidence of the age of any child whom
424 he or she believes to be within the limits of compulsory
425 attendance as provided for by law. If the first prescribed
426 evidence is not available, the next evidence obtainable in the
427 order set forth below shall be accepted:
428 (g) If none of these evidences can be produced, an
429 affidavit of age sworn to by the parent, accompanied by a
430 certificate of age signed by a public health officer or by a
431 public school physician, or, if neither of these is available in
432 the county, by a licensed practicing physician designated by the
433 district school board, which certificate states that the health
434 officer or physician has examined the child and believes that
435 the age as stated in the affidavit is substantially correct. A
436 homeless child, as defined in s. 1003.01, and a child who is
437 known to the department, as defined in s. 39.0016, shall be
438 given temporary exemption from this section for 30 school days.
439 Section 6. Subsection (1) and paragraph (e) of subsection
440 (5) of section 1003.22, Florida Statutes, are amended to read:
441 1003.22 School-entry health examinations; immunization
442 against communicable diseases; exemptions; duties of Department
443 of Health.—
444 (1) Each district school board and the governing authority
445 of each private school shall require that each child who is
446 entitled to admittance to kindergarten, or is entitled to any
447 other initial entrance into a public or private school in this
448 state, present a certification of a school-entry health
449 examination performed within 1 year prior to enrollment in
450 school. Each district school board, and the governing authority
451 of each private school, may establish a policy that permits a
452 student up to 30 school days to present a certification of a
453 school-entry health examination. A homeless child, as defined in
454 s. 1003.01, and a child who is known to the department, as
455 defined in s. 39.0016, shall be given a temporary exemption for
456 30 school days. Any district school board that establishes such
457 a policy shall include provisions in its local school health
458 services plan to assist students in obtaining the health
459 examinations. However, any child shall be exempt from the
460 requirement of a health examination upon written request of the
461 parent of the child stating objections to the examination on
462 religious grounds.
463 (5) The provisions of this section shall not apply if:
464 (e) An authorized school official issues a temporary
465 exemption, for a period not to exceed 30 school days, to permit
466 a student who transfers into a new county to attend class until
467 his or her records can be obtained. A homeless child, as defined
468 in s. 1003.01, and a child who is known to the department, as
469 defined in s. 39.0016, shall be given a temporary exemption for
470 30 school days. The public school health nurse or authorized
471 private school official is responsible for followup of each such
472 student until proper documentation or immunizations are
473 obtained. An exemption for 30 days may be issued for a student
474 who enters a juvenile justice program to permit the student to
475 attend class until his or her records can be obtained or until
476 the immunizations can be obtained. An authorized juvenile
477 justice official is responsible for followup of each student who
478 enters a juvenile justice program until proper documentation or
479 immunizations are obtained.
480 Section 7. This act shall take effect July 1, 2009.