Florida Senate - 2009 CS for CS for CS for SB 1128
By the Committees on Judiciary; Children, Families, and Elder
Affairs; and Education Pre-K - 12; and Senators Rich, Dean, and
Wilson
590-04071-09 20091128c3
1 A bill to be entitled
2 An act relating to the education for children in
3 shelter care or foster care and exceptional students;
4 amending s. 39.0016, F.S.; defining the term
5 “surrogate parent”; providing legislative intent;
6 providing conditions for the district superintendent
7 or court to appoint a surrogate parent for purposes of
8 educational decisionmaking for a child who has or is
9 suspected of having a disability; amending s. 39.202,
10 F.S.; providing for access to certain records to
11 liaisons between school districts and the Department
12 of Children and Family Services; amending s. 39.402,
13 F.S.; requiring access to a child’s medical records
14 and educational records if a child is placed in a
15 shelter; amending s. 39.701, F.S.; requiring the court
16 and citizen review panel in judicial reviews to
17 consider testimony by a surrogate parent for
18 educational decisionmaking; providing for additional
19 deliberations relating to appointment of an
20 educational decisionmaker; requiring certain
21 documentation relating to the educational setting;
22 amending s. 1003.21, F.S.; providing access to free
23 public education for children known to the department;
24 authorizing a temporary exemption relating to school
25 attendance; amending s. 1003.22, F.S.; authorizing a
26 temporary exemption from school-entry health
27 examinations for children known to the department;
28 amending s. 1003.57, F.S.; providing definitions;
29 requiring the Department of Children and Family
30 Services, the Agency for Health Care Administration,
31 and residential facilities licensed by the Agency for
32 Persons with Disabilities to notify certain school
33 districts following the placement of an exceptional
34 student in a private residential care facility;
35 requiring review of the student’s individual
36 educational plan; providing for determining
37 responsibility for educational instruction; requiring
38 the school district to report the student for funding
39 purposes; requiring the Department of Education, in
40 consultation with specified agencies, to develop
41 procedures for the placement of students in
42 residential care facilities; requiring the State Board
43 of Education to adopt rules; requiring a cooperative
44 agreement between the Department of Education and
45 agencies, to be executed on or before January 1, 2010;
46 prescribing conditions and requirements for the
47 agreement; providing an effective date.
48
49 Be It Enacted by the Legislature of the State of Florida:
50
51 Section 1. Section 39.0016, Florida Statutes, is amended to
52 read:
53 39.0016 Education of abused, neglected, and abandoned
54 children; agency agreements; children having or suspected of
55 having a disability.—
56 (1) DEFINITIONS.—As used in this section, the term:
57 (a) “Children known to the department” means children who
58 are found to be dependent or children in shelter care.
59 (b) “Department” means the Department of Children and
60 Family Services or a community-based care lead agency acting on
61 behalf of the Department of Children and Family Services, as
62 appropriate.
63 (c) “Surrogate parent” means an individual appointed to act
64 in the place of a parent in educational decisionmaking and in
65 safeguarding a child’s rights under the Individuals with
66 Disabilities Education Act and this section.
67 (2) The provisions of this section establish goals and not
68 rights. This section does not require the delivery of any
69 particular service or level of service in excess of existing
70 appropriations. A person may not maintain a cause of action
71 against the state or any of its subdivisions, agencies,
72 contractors, subcontractors, or agents based upon this section
73 becoming law or failure by the Legislature to provide adequate
74 funding for the achievement of these goals. This section does
75 not require the expenditure of funds to meet the goals
76 established in this section except funds specifically
77 appropriated for such purpose.
78 (2) AGENCY AGREEMENTS.—
79 (a)(3) The department shall enter into an agreement with
80 the Department of Education regarding the education and related
81 care of children known to the department. Such agreement shall
82 be designed to provide educational access to children known to
83 the department for the purpose of facilitating the delivery of
84 services or programs to children known to the department. The
85 agreement shall avoid duplication of services or programs and
86 shall provide for combining resources to maximize the
87 availability or delivery of services or programs.
88 (b)(4) The department shall enter into agreements with
89 district school boards or other local educational entities
90 regarding education and related services for children known to
91 the department who are of school age and children known to the
92 department who are younger than school age but who would
93 otherwise qualify for services from the district school board.
94 Such agreements shall include, but are not limited to:
95 1.(a) A requirement that the department shall:
96 a.1. Enroll children known to the department in school. The
97 agreement shall provide for continuing the enrollment of a child
98 known to the department at the same school, if possible, with
99 the goal of avoiding disruption of education.
100 b.2. Notify the school and school district in which a child
101 known to the department is enrolled of the name and phone number
102 of the child known to the department caregiver and caseworker
103 for child safety purposes.
104 c.3. Establish a protocol for the department to share
105 information about a child known to the department with the
106 school district, consistent with the Family Educational Rights
107 and Privacy Act, since the sharing of information will assist
108 each agency in obtaining education and related services for the
109 benefit of the child.
110 d.4. Notify the school district of the department’s case
111 planning for a child known to the department, both at the time
112 of plan development and plan review. Within the plan development
113 or review process, the school district may provide information
114 regarding the child known to the department if the school
115 district deems it desirable and appropriate.
116 2.(b) A requirement that the district school board shall:
117 a.1. Provide the department with a general listing of the
118 services and information available from the district school
119 board, including, but not limited to, the current Sunshine State
120 Standards, the Surrogate Parent Training Manual, and other
121 resources accessible through the Department of Education or
122 local school districts to facilitate educational access for a
123 child known to the department.
124 b.2. Identify all educational and other services provided
125 by the school and school district which the school district
126 believes are reasonably necessary to meet the educational needs
127 of a child known to the department.
128 c.3. Determine whether transportation is available for a
129 child known to the department when such transportation will
130 avoid a change in school assignment due to a change in
131 residential placement. Recognizing that continued enrollment in
132 the same school throughout the time the child known to the
133 department is in out-of-home care is preferable unless
134 enrollment in the same school would be unsafe or otherwise
135 impractical, the department, the district school board, and the
136 Department of Education shall assess the availability of
137 federal, charitable, or grant funding for such transportation.
138 d.4. Provide individualized student intervention or an
139 individual educational plan when a determination has been made
140 through legally appropriate criteria that intervention services
141 are required. The intervention or individual educational plan
142 must include strategies to enable the child known to the
143 department to maximize the attainment of educational goals.
144 3.(c) A requirement that the department and the district
145 school board shall cooperate in accessing the services and
146 supports needed for a child known to the department who has or
147 is suspected of having a disability to receive an appropriate
148 education consistent with the Individuals with Disabilities
149 Education Act and state implementing laws, rules, and
150 assurances. Coordination of services for a child known to the
151 department who has or is suspected of having a disability may
152 include:
153 a.1. Referral for screening.
154 b.2. Sharing of evaluations between the school district and
155 the department where appropriate.
156 c.3. Provision of education and related services
157 appropriate for the needs and abilities of the child known to
158 the department.
159 d.4. Coordination of services and plans between the school
160 and the residential setting to avoid duplication or conflicting
161 service plans.
162 e.5. Appointment of a surrogate parent, consistent with the
163 Individuals with Disabilities Education Act and pursuant to
164 subsection (3), for educational purposes for a child known to
165 the department who qualifies as soon as the child is determined
166 to be dependent and without a parent to act for the child. The
167 surrogate parent shall be appointed by the school district
168 without regard to where the child known to the department is
169 placed so that one surrogate parent can follow the education of
170 the child known to the department during his or her entire time
171 in state custody.
172 f.6. For each child known to the department 14 years of age
173 and older, transition planning by the department and all
174 providers, including the department’s independent living program
175 staff, to meet the requirements of the local school district for
176 educational purposes.
177 (c) This subsection establishes standards and not rights.
178 This subsection does not require the delivery of any particular
179 service or level of service in excess of existing
180 appropriations. A person may not maintain a cause of action
181 against the state or any of its subdivisions, agencies,
182 contractors, subcontractors, or agents based upon this
183 subsection becoming law or failure by the Legislature to provide
184 adequate funding for the achievement of these standards. This
185 subsection does not require the expenditure of funds to meet the
186 standards established in this subsection except funds
187 specifically appropriated for such purpose.
188 (3) CHILDREN HAVING OR SUSPECTED OF HAVING A DISABILITY.—
189 (a)1. The Legislature finds that disability is a natural
190 part of the human experience and in no way diminishes the right
191 of individuals to participate in or contribute to society.
192 Improving educational results for children with disabilities is
193 an essential element of our public policy of ensuring equality
194 of opportunity, full participation, independent living, and
195 economic self-sufficiency for individuals with disabilities.
196 2. The Legislature also finds that research and experience
197 have shown that the education of children with disabilities can
198 be made more effective by:
199 a. Having high expectations for these children and ensuring
200 their access to the general education curriculum in the regular
201 classroom, to the maximum extent possible.
202 b. Providing appropriate exceptional student education,
203 related services, and aids and supports in the least restrictive
204 environment appropriate for these children.
205 c. Having a trained, interested, and consistent educational
206 decisionmaker for the child when the parent is determined to be
207 legally unavailable or when the foster parent is unwilling, has
208 no significant relationship with the child, or is not trained in
209 the exceptional student education process.
210 3. It is, therefore, the intent of the Legislature that all
211 children with disabilities known to the department, consistent
212 with the Individuals with Disabilities Education Act, have
213 available to them a free, appropriate public education that
214 emphasizes exceptional student education and related services
215 designed to meet their unique needs and prepare them for further
216 education, employment, and independent living and that the
217 rights of children with disabilities are protected.
218 (b)1. A surrogate parent shall be appointed for a child
219 known to the department who has or is suspected of having a
220 disability, as defined in s. 1003.01(3), by the dependency court
221 or by the district school superintendent where the child is
222 located if:
223 a. After reasonable efforts, a parent cannot be located;
224 b. The court determines that no person has the authority
225 under the Individuals with Disabilities Education Act or that no
226 person having such authority is willing or able to serve as the
227 child’s educational decisionmaker; or
228 c. A surrogate parent has not been previously appointed for
229 the child.
230 2. The minimum qualifications, responsibilities, rights,
231 and liabilities of a surrogate parent appointed pursuant to this
232 section are the same as the minimum qualifications,
233 responsibilities, rights, and liabilities of a surrogate parent
234 appointed by a district school superintendent in accordance with
235 rules adopted by the Department of Education.
236 3. Employees of the Department of Education, the child’s
237 local school district, a community-based care provider, the
238 Department of Children and Family Services, or any other public
239 or private agency involved in the education or care of the
240 child; group home staff; and therapeutic foster home parents may
241 not serve as surrogate parents under this subsection. A person
242 who acts in a parental role to a child, such as a foster parent
243 or relative caregiver, a guardian ad litem, or a relative or
244 other adult involved in the child’s life, regardless of whether
245 that person has physical custody of the child, may serve as a
246 surrogate parent under this subsection.
247 4. If the court appoints a surrogate parent, the court
248 shall provide notice to the district school superintendent as
249 soon as practicable.
250 5. The district school superintendent must accept the
251 appointment of a surrogate parent made by the dependency court
252 if he or she has not previously appointed a surrogate parent.
253 Similarly, the dependency court must accept a surrogate parent
254 previously appointed by a district school superintendent.
255 6. The appointment of a surrogate parent by a dependency
256 court must be accepted by any subsequent school without regard
257 to where the child resides in order for a single surrogate
258 parent to follow the education of the child during the entire
259 time the child is known to the department.
260 7. The termination of a surrogate parent appointed pursuant
261 to this section is governed by the same rules governing the
262 termination of a surrogate parent appointed by a district school
263 superintendent.
264 (4)(5) TRAINING.—The department shall incorporate an
265 education component into all training programs of the department
266 regarding children known to the department. Such training shall
267 be coordinated with the Department of Education and the local
268 school districts. The department shall offer opportunities for
269 education personnel to participate in such training. Such
270 coordination shall include, but not be limited to, notice of
271 training sessions, opportunities to purchase training materials,
272 proposals to avoid duplication of services by offering joint
273 training, and incorporation of materials available from the
274 Department of Education and local school districts into the
275 department training when appropriate. The department training
276 components shall include:
277 (a) Training for surrogate parents to include how an
278 ability to learn of a child known to the department is affected
279 by abuse, abandonment, neglect, and removal from the home.
280 (b) Training for parents in cases in which reunification is
281 the goal, or for preadoptive parents when adoption is the goal,
282 so that such parents learn how to access the services the child
283 known to the department needs and the importance of their
284 involvement in the education of the child known to the
285 department.
286 (c) Training for caseworkers and foster parents to include
287 information on the right of the child known to the department to
288 an education, the role of an education in the development and
289 adjustment of a child known to the department, the proper ways
290 to access education and related services for the child known to
291 the department, and the importance and strategies for parental
292 involvement in education for the success of the child known to
293 the department.
294 (d) Training of caseworkers regarding the services and
295 information available through the Department of Education and
296 local school districts, including, but not limited to, the
297 current Sunshine State Standards, the Surrogate Parent Training
298 Manual, and other resources accessible through the Department of
299 Education or local school districts to facilitate educational
300 access for a child known to the department.
301 Section 2. Paragraph (p) of subsection (2) of section
302 39.202, Florida Statutes, is amended to read:
303 39.202 Confidentiality of reports and records in cases of
304 child abuse or neglect.—
305 (2) Except as provided in subsection (4), access to such
306 records, excluding the name of the reporter which shall be
307 released only as provided in subsection (5), shall be granted
308 only to the following persons, officials, and agencies:
309 (p) An employee of the local school district who is
310 designated as a liaison between the school district and the
311 department pursuant to an interagency agreement required under
312 s. 39.0016 and the principal of a public school, private school,
313 or charter school where the child is a student. Information
314 contained in the records which the liaison or the principal
315 determines are necessary for a school employee to effectively
316 provide a student with educational services may be released to
317 that employee.
318 Section 3. Subsection (11) of section 39.402, Florida
319 Statutes, is amended to read:
320 39.402 Placement in a shelter.—
321 (11)(a) If a child is placed in a shelter pursuant to a
322 court order following a shelter hearing, the court shall require
323 in the shelter hearing order that the parents of the child, or
324 the guardian of the child’s estate, if possessed of assets which
325 under law may be disbursed for the care, support, and
326 maintenance of the child, to pay, to the department or
327 institution having custody of the child, fees as established by
328 the department. When the order affects the guardianship estate,
329 a certified copy of the order shall be delivered to the judge
330 having jurisdiction of the guardianship estate. The shelter
331 order shall also require the parents to provide to the
332 department and any other state agency or party designated by the
333 court, within 28 days after entry of the shelter order, the
334 financial information necessary to accurately calculate child
335 support pursuant to s. 61.30.
336 (b) The court shall request that the parents consent to
337 provide access to the child’s medical records and provide
338 information to the court, the department or its contract
339 agencies, and any guardian ad litem or attorney for the child.
340 If a parent is unavailable or unable to consent or withholds
341 consent and the court determines that access to the records and
342 information is necessary in order to provide services to the
343 child, the court shall issue an order granting access. The court
344 may also order the parents to The parent or legal guardian shall
345 provide all known medical information to the department and to
346 any others granted access under this subsection.
347 (c) The court shall request that the parents consent to
348 provide access to the child’s education records and provide
349 information to the court, the department or its contract
350 agencies, and any guardian ad litem or attorney for the child.
351 If a parent is unavailable or unable to consent or withholds
352 consent and the court determines that access to the records and
353 information is necessary in order to provide services to the
354 child, the court shall issue an order granting access.
355 Section 4. Subsection (8) of section 39.701, Florida
356 Statutes, is amended to read:
357 39.701 Judicial review.—
358 (8) The court and any citizen review panel shall take into
359 consideration the information contained in the social services
360 study and investigation and all medical, psychological, and
361 educational records that support the terms of the case plan;
362 testimony by the social services agency, the parent, the foster
363 parent or legal custodian, the guardian ad litem or surrogate
364 parent for educational decisionmaking if one has been appointed
365 for the child, and any other person deemed appropriate; and any
366 relevant and material evidence submitted to the court, including
367 written and oral reports to the extent of their probative value.
368 These reports and evidence may be received by the court in its
369 effort to determine the action to be taken with regard to the
370 child and may be relied upon to the extent of their probative
371 value, even though not competent in an adjudicatory hearing. In
372 its deliberations, the court and any citizen review panel shall
373 seek to determine:
374 (a) If the parent was advised of the right to receive
375 assistance from any person or social service agency in the
376 preparation of the case plan.
377 (b) If the parent has been advised of the right to have
378 counsel present at the judicial review or citizen review
379 hearings. If not so advised, the court or citizen review panel
380 shall advise the parent of such right.
381 (c) If a guardian ad litem needs to be appointed for the
382 child in a case in which a guardian ad litem has not previously
383 been appointed or if there is a need to continue a guardian ad
384 litem in a case in which a guardian ad litem has been appointed.
385 (d) Who holds the rights to make educational decisions for
386 the child if the child has or is suspected of having a
387 disability, as defined in s. 1003.01(3).
388 (e)(d) The compliance or lack of compliance of all parties
389 with applicable items of the case plan, including the parents’
390 compliance with child support orders.
391 (f)(e) The compliance or lack of compliance with a
392 visitation contract between the parent and the social service
393 agency for contact with the child, including the frequency,
394 duration, and results of the parent-child visitation and the
395 reason for any noncompliance.
396 (g)(f) The compliance or lack of compliance of the parent
397 in meeting specified financial obligations pertaining to the
398 care of the child, including the reason for failure to comply if
399 such is the case.
400 (h)(g) Whether the child is receiving safe and proper care
401 according to s. 39.6012, including, but not limited to, the
402 appropriateness of the child’s current placement, including
403 whether the child is in a setting that is as family-like and as
404 close to the parent’s home as possible, consistent with the
405 child’s best interests and special needs, and including
406 maintaining stability in the child’s educational placement, as
407 documented by assurances from the community-based care provider
408 that:
409 1. The placement of the child takes into account the
410 appropriateness of the current educational setting and the
411 proximity to the school in which the child is enrolled at the
412 time of placement.
413 2. The community-based care agency has coordinated with
414 appropriate school district to ensure that the child remains in
415 the school in which the child is enrolled at the time of
416 placement.
417 (i)(h) A projected date likely for the child’s return home
418 or other permanent placement.
419 (j)(i) When appropriate, the basis for the unwillingness or
420 inability of the parent to become a party to a case plan. The
421 court and the citizen review panel shall determine if the
422 efforts of the social service agency to secure party
423 participation in a case plan were sufficient.
424 (k)(j) For a child who has reached 13 years of age but is
425 not yet 18 years of age, the adequacy of the child’s preparation
426 for adulthood and independent living.
427 (l)(k) If amendments to the case plan are required.
428 Amendments to the case plan must be made under s. 39.6013.
429 Section 5. Paragraph (f) of subsection (1) and paragraph
430 (g) of subsection (4) of section 1003.21, Florida Statutes, are
431 amended to read:
432 1003.21 School attendance.—
433 (1)
434 (f) Homeless children, as defined in s. 1003.01, and
435 children who are known to the department, as defined in s.
436 39.0016, must have access to a free public education and must be
437 admitted to school in the school district in which they or their
438 families live. School districts shall assist homeless children
439 and children who are known to the department to meet the
440 requirements of subsection (4) and s. 1003.22, as well as local
441 requirements for documentation.
442 (4) Before admitting a child to kindergarten, the principal
443 shall require evidence that the child has attained the age at
444 which he or she should be admitted in accordance with the
445 provisions of subparagraph (1)(a)2. The district school
446 superintendent may require evidence of the age of any child whom
447 he or she believes to be within the limits of compulsory
448 attendance as provided for by law. If the first prescribed
449 evidence is not available, the next evidence obtainable in the
450 order set forth below shall be accepted:
451 (g) If none of these evidences can be produced, an
452 affidavit of age sworn to by the parent, accompanied by a
453 certificate of age signed by a public health officer or by a
454 public school physician, or, if neither of these is available in
455 the county, by a licensed practicing physician designated by the
456 district school board, which certificate states that the health
457 officer or physician has examined the child and believes that
458 the age as stated in the affidavit is substantially correct. A
459 homeless child, as defined in s. 1003.01, and a child who is
460 known to the department, as defined in s. 39.0016, shall be
461 given temporary exemption from this section for 30 school days.
462 Section 6. Subsection (1) and paragraph (e) of subsection
463 (5) of section 1003.22, Florida Statutes, are amended to read:
464 1003.22 School-entry health examinations; immunization
465 against communicable diseases; exemptions; duties of Department
466 of Health.—
467 (1) Each district school board and the governing authority
468 of each private school shall require that each child who is
469 entitled to admittance to kindergarten, or is entitled to any
470 other initial entrance into a public or private school in this
471 state, present a certification of a school-entry health
472 examination performed within 1 year prior to enrollment in
473 school. Each district school board, and the governing authority
474 of each private school, may establish a policy that permits a
475 student up to 30 school days to present a certification of a
476 school-entry health examination. A homeless child, as defined in
477 s. 1003.01, and a child who is known to the department, as
478 defined in s. 39.0016, shall be given a temporary exemption for
479 30 school days. Any district school board that establishes such
480 a policy shall include provisions in its local school health
481 services plan to assist students in obtaining the health
482 examinations. However, any child shall be exempt from the
483 requirement of a health examination upon written request of the
484 parent of the child stating objections to the examination on
485 religious grounds.
486 (5) The provisions of this section shall not apply if:
487 (e) An authorized school official issues a temporary
488 exemption, for a period not to exceed 30 school days, to permit
489 a student who transfers into a new county to attend class until
490 his or her records can be obtained. A homeless child, as defined
491 in s. 1003.01, and a child who is known to the department, as
492 defined in s. 39.0016, shall be given a temporary exemption for
493 30 school days. The public school health nurse or authorized
494 private school official is responsible for followup of each such
495 student until proper documentation or immunizations are
496 obtained. An exemption for 30 days may be issued for a student
497 who enters a juvenile justice program to permit the student to
498 attend class until his or her records can be obtained or until
499 the immunizations can be obtained. An authorized juvenile
500 justice official is responsible for followup of each student who
501 enters a juvenile justice program until proper documentation or
502 immunizations are obtained.
503 Section 7. Subsections (3) and (4) are added to section
504 1003.57, Florida Statutes, to read:
505 1003.57 Exceptional students instruction.—
506 (3)(a) For purposes of this subsection and subsection (4),
507 the term:
508 1. “Agency” means the Department of Children and Family
509 Services or its contracted lead agency, the Agency for Persons
510 with Disabilities, and the Agency for Health Care
511 Administration.
512 2. “Exceptional student” means an exceptional student, as
513 defined in s. 1003.01, who has a disability.
514 3. “Receiving school district” means the district in which
515 a private residential care facility is located.
516 4. “Placement” means the funding or arrangement of funding
517 by an agency for all or a part of the cost for an exceptional
518 student to reside in a private residential care facility and the
519 placement crosses school district lines.
520 (b) Within 10 business days after an exceptional student is
521 placed in a private residential care facility by an agency, the
522 agency or private residential care facility licensed by the
523 agency, as appropriate, shall provide written notification of
524 the placement to the school district where the student is
525 currently counted for funding purposes under s. 1011.62 and the
526 receiving school district. This paragraph applies when the
527 placement is for the primary purpose of addressing residential
528 or other noneducational needs and the placement crosses school
529 district lines.
530 (c) Within 10 business days after receiving the
531 notification, the receiving school district must review the
532 student’s individual educational plan (IEP) to determine if the
533 student’s IEP can be implemented by the receiving school
534 district or by a provider or facility under contract with the
535 receiving school district. The receiving school district shall:
536 1. Provide educational instruction to the student;
537 2. Contract with another provider or facility to provide
538 the educational instruction;
539 3. Contract with the private residential care facility in
540 which the student resides to provide the educational
541 instruction; or
542 4. Decline to provide or contract for educational
543 instruction.
544
545 If the receiving school district declines to provide or contract
546 for the educational instruction, the school district in which
547 the legal residence of the student is located shall provide or
548 contract for the educational instruction to the student. The
549 school district that provides educational instruction or
550 contracts to provide educational instruction shall report the
551 student for funding purposes pursuant s. 1011.62.
552 (d)1. The Department of Education, in consultation with the
553 agencies and school districts, shall develop procedures for
554 written notification to school districts regarding the placement
555 of an exceptional student in a residential care facility. The
556 procedures must:
557 a. Provide for written notification of a placement that
558 crosses school district lines; and
559 b. Identify the entity responsible for the notification for
560 each facility that is operated, licensed, or regulated by an
561 agency.
562 2. The State Board of Education shall adopt the procedures
563 by rule pursuant to ss. 120.536(1) and 120.54 and the agencies
564 shall implement the procedures.
565
566 The requirements of paragraphs (c) and (d) do not apply to
567 written agreements among school districts which specify each
568 school district’s responsibility for providing and paying for
569 educational services to an exceptional student in a residential
570 care facility. However, each agreement must require a school
571 district to review the student’s IEP within 10 business days
572 after receiving the notification required under paragraph (b).
573 (4) The Department of Education and agencies shall enter
574 into an agreement for interagency coordination regarding the
575 placement of exceptional students in residential facilities,
576 consistent with federal law and regulations, on or before
577 January 1, 2010. The agreement shall identify the
578 responsibilities of each party and ensure that students receive
579 special education and related services necessary to receive a
580 free appropriate public education. The agreement shall also
581 establish procedures for:
582 (a) Resolving interagency disputes;
583 (b) Ensuring the provision of services during the pendency
584 of a dispute; and
585 (c) Ensuring continued Medicaid eligibility as deemed
586 appropriate.
587 Section 8. This act shall take effect July 1, 2009.