CS for CS for CS for SB 1128 First Engrossed
20091128e1
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 and requirements for district
7 school superintendent or court appointment of a
8 surrogate parent for educational decisionmaking for a
9 child who has or is suspected of having a disability;
10 providing requirements for educational placement;
11 providing requirements relating to qualifications and
12 responsibilities of surrogate parents; limiting
13 liability; amending s. 39.202, F.S.; providing for
14 access to certain records to liaisons between school
15 districts and the Department of Children and Family
16 Services; amending s. 39.402, F.S.; requiring access
17 to a child’s medical records and educational records
18 if a child is placed in a shelter; authorizing
19 appointment of a surrogate parent; amending s. 39.701,
20 F.S.; requiring the court and citizen review panel in
21 judicial reviews to consider testimony by a surrogate
22 parent for educational decisionmaking; providing for
23 additional deliberations relating to appointment of an
24 educational decisionmaker; requiring certain
25 documentation relating to the educational setting;
26 amending s. 1003.21, F.S.; providing access to free
27 public education for children known to the department;
28 authorizing a temporary exemption relating to school
29 attendance; amending s. 1003.22, F.S.; authorizing a
30 temporary exemption from school-entry health
31 examinations for children known to the department;
32 amending s. 1003.57, F.S.; providing definitions;
33 requiring the Department of Children and Family
34 Services, the Agency for Health Care Administration,
35 and residential facilities licensed by the Agency for
36 Persons with Disabilities to notify certain school
37 districts following the placement of an exceptional
38 student in a private residential care facility;
39 requiring that an exceptional student be enrolled in
40 school; requiring review of the student’s individual
41 educational plan; providing for determining
42 responsibility for educational instruction; requiring
43 the school district to report the student for funding
44 purposes; requiring the Department of Education, in
45 consultation with specified agencies, to develop
46 procedures for the placement of students in
47 residential care facilities; requiring the State Board
48 of Education to adopt rules; requiring a cooperative
49 agreement between the Department of Education and
50 agencies, to be executed on or before January 1, 2010;
51 prescribing conditions and requirements for the
52 agreement; providing an effective date.
53
54 Be It Enacted by the Legislature of the State of Florida:
55
56 Section 1. Section 39.0016, Florida Statutes, is amended to
57 read:
58 39.0016 Education of abused, neglected, and abandoned
59 children; agency agreements; children having or suspected of
60 having a disability.—
61 (1) DEFINITIONS.—As used in this section, the term:
62 (a) “Children known to the department” means children who
63 are found to be dependent or children in shelter care.
64 (b) “Department” means the Department of Children and
65 Family Services or a community-based care lead agency acting on
66 behalf of the Department of Children and Family Services, as
67 appropriate.
68 (c) “Surrogate parent” means an individual appointed to act
69 in the place of a parent in educational decisionmaking and in
70 safeguarding a child’s rights under the Individuals with
71 Disabilities Education Act and this section.
72 (2) The provisions of this section establish goals and not
73 rights. This section does not require the delivery of any
74 particular service or level of service in excess of existing
75 appropriations. A person may not maintain a cause of action
76 against the state or any of its subdivisions, agencies,
77 contractors, subcontractors, or agents based upon this section
78 becoming law or failure by the Legislature to provide adequate
79 funding for the achievement of these goals. This section does
80 not require the expenditure of funds to meet the goals
81 established in this section except funds specifically
82 appropriated for such purpose.
83 (2) AGENCY AGREEMENTS.—
84 (a)(3) The department shall enter into an agreement with
85 the Department of Education regarding the education and related
86 care of children known to the department. Such agreement shall
87 be designed to provide educational access to children known to
88 the department for the purpose of facilitating the delivery of
89 services or programs to children known to the department. The
90 agreement shall avoid duplication of services or programs and
91 shall provide for combining resources to maximize the
92 availability or delivery of services or programs.
93 (b)(4) The department shall enter into agreements with
94 district school boards or other local educational entities
95 regarding education and related services for children known to
96 the department who are of school age and children known to the
97 department who are younger than school age but who would
98 otherwise qualify for services from the district school board.
99 Such agreements shall include, but are not limited to:
100 1.(a) A requirement that the department shall:
101 a.1. Enroll children known to the department in school. The
102 agreement shall provide for continuing the enrollment of a child
103 known to the department at the same school, if possible, with
104 the goal of avoiding disruption of education.
105 b.2. Notify the school and school district in which a child
106 known to the department is enrolled of the name and phone number
107 of the child known to the department caregiver and caseworker
108 for child safety purposes.
109 c.3. Establish a protocol for the department to share
110 information about a child known to the department with the
111 school district, consistent with the Family Educational Rights
112 and Privacy Act, since the sharing of information will assist
113 each agency in obtaining education and related services for the
114 benefit of the child.
115 d.4. Notify the school district of the department’s case
116 planning for a child known to the department, both at the time
117 of plan development and plan review. Within the plan development
118 or review process, the school district may provide information
119 regarding the child known to the department if the school
120 district deems it desirable and appropriate.
121 2.(b) A requirement that the district school board shall:
122 a.1. Provide the department with a general listing of the
123 services and information available from the district school
124 board, including, but not limited to, the current Sunshine State
125 Standards, the Surrogate Parent Training Manual, and other
126 resources accessible through the Department of Education or
127 local school districts to facilitate educational access for a
128 child known to the department.
129 b.2. Identify all educational and other services provided
130 by the school and school district which the school district
131 believes are reasonably necessary to meet the educational needs
132 of a child known to the department.
133 c.3. Determine whether transportation is available for a
134 child known to the department when such transportation will
135 avoid a change in school assignment due to a change in
136 residential placement. Recognizing that continued enrollment in
137 the same school throughout the time the child known to the
138 department is in out-of-home care is preferable unless
139 enrollment in the same school would be unsafe or otherwise
140 impractical, the department, the district school board, and the
141 Department of Education shall assess the availability of
142 federal, charitable, or grant funding for such transportation.
143 d.4. Provide individualized student intervention or an
144 individual educational plan when a determination has been made
145 through legally appropriate criteria that intervention services
146 are required. The intervention or individual educational plan
147 must include strategies to enable the child known to the
148 department to maximize the attainment of educational goals.
149 3.(c) A requirement that the department and the district
150 school board shall cooperate in accessing the services and
151 supports needed for a child known to the department who has or
152 is suspected of having a disability to receive an appropriate
153 education consistent with the Individuals with Disabilities
154 Education Act and state implementing laws, rules, and
155 assurances. Coordination of services for a child known to the
156 department who has or is suspected of having a disability may
157 include:
158 a.1. Referral for screening.
159 b.2. Sharing of evaluations between the school district and
160 the department where appropriate.
161 c.3. Provision of education and related services
162 appropriate for the needs and abilities of the child known to
163 the department.
164 d.4. Coordination of services and plans between the school
165 and the residential setting to avoid duplication or conflicting
166 service plans.
167 e.5. Appointment of a surrogate parent, consistent with the
168 Individuals with Disabilities Education Act and pursuant to
169 subsection (3), for educational purposes for a child known to
170 the department who qualifies as soon as the child is determined
171 to be dependent and without a parent to act for the child. The
172 surrogate parent shall be appointed by the school district
173 without regard to where the child known to the department is
174 placed so that one surrogate parent can follow the education of
175 the child known to the department during his or her entire time
176 in state custody.
177 f.6. For each child known to the department 14 years of age
178 and older, transition planning by the department and all
179 providers, including the department’s independent living program
180 staff, to meet the requirements of the local school district for
181 educational purposes.
182 (c) This subsection establishes standards and not rights.
183 This subsection does not require the delivery of any particular
184 service or level of service in excess of existing
185 appropriations. A person may not maintain a cause of action
186 against the state or any of its subdivisions, agencies,
187 contractors, subcontractors, or agents based upon this
188 subsection becoming law or failure by the Legislature to provide
189 adequate funding for the achievement of these standards. This
190 subsection does not require the expenditure of funds to meet the
191 standards established in this subsection except funds
192 specifically appropriated for such purpose.
193 (3) CHILDREN HAVING OR SUSPECTED OF HAVING A DISABILITY.—
194 (a)1. The Legislature finds that disability is a natural
195 part of the human experience and in no way diminishes the right
196 of individuals to participate in or contribute to society.
197 Improving educational results for children with disabilities is
198 an essential element of our public policy of ensuring equality
199 of opportunity, full participation, independent living, and
200 economic self-sufficiency for individuals with disabilities.
201 2. The Legislature also finds that research and experience
202 have shown that the education of children with disabilities can
203 be made more effective by:
204 a. Having high expectations for these children and ensuring
205 their access to the general education curriculum in the regular
206 classroom, to the maximum extent possible.
207 b. Providing appropriate exceptional student education,
208 related services, and aids and supports in the least restrictive
209 environment appropriate for these children.
210 c. Having a trained, interested, and consistent educational
211 decisionmaker for the child when the parent is determined to be
212 legally unavailable or when the foster parent is unwilling, has
213 no significant relationship with the child, or is not trained in
214 the exceptional student education process.
215 3. It is, therefore, the intent of the Legislature that all
216 children with disabilities known to the department, consistent
217 with the Individuals with Disabilities Education Act, have
218 available to them a free, appropriate public education that
219 emphasizes exceptional student education and related services
220 designed to meet their unique needs and prepare them for further
221 education, employment, and independent living and that the
222 rights of children with disabilities are protected.
223 (b)1. Each district school superintendent or dependency
224 court must appoint a surrogate parent for a child known to the
225 department who has or is suspected of having a disability, as
226 defined in s. 1003.01(3), when:
227 a. After reasonable efforts, no parent can be located; or
228 b. A court of competent jurisdiction over a child under
229 this chapter has determined that no person has the authority
230 under the Individuals with Disabilities Education Act, including
231 the parent or parents subject to the dependency action, or that
232 no person has the authority, willingness, or ability to serve as
233 the educational decisionmaker for the child without judicial
234 action.
235 2. A surrogate parent appointed by the district school
236 superintendent or the court must be at least 18 years old and
237 have no personal or professional interest that conflicts with
238 the interests of the student to be represented. Neither the
239 district school superintendent nor the court may appoint an
240 employee of the Department of Education, the local school
241 district, a community-based care provider, the Department of
242 Children and Family Services, or any other public or private
243 agency involved in the education or care of the child as
244 appointment of those persons is prohibited by federal law. This
245 prohibition includes group home staff and therapeutic foster
246 parents. However, a person who acts in a parental role to a
247 child, such as a foster parent or relative caregiver, is not
248 prohibited from serving as a surrogate parent if he or she is
249 employed by such agency, willing to serve, and knowledgeable
250 about the child and the exceptional student education process.
251 The surrogate parent may be a court-appointed guardian ad litem
252 or a relative or nonrelative adult who is involved in the
253 child’s life regardless of whether that person has physical
254 custody of the child. Each person appointed as a surrogate
255 parent must have the knowledge and skills acquired by
256 successfully completing training using materials developed and
257 approved by the Department of Education to ensure adequate
258 representation of the child.
259 3. If a guardian ad litem has been appointed for a child,
260 the district school superintendent must first consider the
261 child’s guardian ad litem when appointing a surrogate parent.
262 The district school superintendent must accept the appointment
263 of the court if he or she has not previously appointed a
264 surrogate parent. Similarly, the court must accept a surrogate
265 parent duly appointed by a district school superintendent.
266 4. A surrogate parent appointed by the district school
267 superintendent or the court must be accepted by any subsequent
268 school or school district without regard to where the child is
269 receiving residential care so that a single surrogate parent can
270 follow the education of the child during his or her entire time
271 in state custody. Nothing in this paragraph or in rule shall
272 limit or prohibit the continuance of a surrogate parent
273 appointment when the responsibility for the student’s
274 educational placement moves among and between public and private
275 agencies.
276 5. For a child known to the department, the responsibility
277 to appoint a surrogate parent resides with both the district
278 school superintendent and the court with jurisdiction over the
279 child. If the court elects to appoint a surrogate parent, notice
280 shall be provided as soon as practicable to the child’s school.
281 At any time the court determines that it is in the best
282 interests of a child to remove a surrogate parent, the court may
283 appoint a new surrogate parent for educational decisionmaking
284 purposes for that child.
285 6. The surrogate parent shall continue in the appointed
286 role until one of the following occurs:
287 a. The child is determined to no longer be eligible or in
288 need of special programs, except when termination of special
289 programs is being contested.
290 b. The child achieves permanency through adoption or legal
291 guardianship and is no longer in the custody of the department.
292 c. The parent who was previously unknown becomes known,
293 whose whereabouts were unknown is located, or who was
294 unavailable is determined by the court to be available.
295 d. The appointed surrogate no longer wishes to represent
296 the child or is unable to represent the child.
297 e. The superintendent of the school district in which the
298 child is attending school, the Department of Education contract
299 designee, or the court that appointed the surrogate determines
300 that the appointed surrogate parent no longer adequately
301 represents the child.
302 f. The child moves to a geographic location that is not
303 reasonably accessible to the appointed surrogate.
304 7. The appointment and termination of appointment of a
305 surrogate under this paragraph shall be entered as an order of
306 the court with a copy of the order provided to the child’s
307 school as soon as practicable.
308 8. The person appointed as a surrogate parent under this
309 paragraph must:
310 a. Be acquainted with the child and become knowledgeable
311 about his or her disability and educational needs.
312 b. Represent the child in all matters relating to
313 identification, evaluation, and educational placement and the
314 provision of a free and appropriate education to the child.
315 c. Represent the interests and safeguard the rights of the
316 child in educational decisions that affect the child.
317 9. The responsibilities of the person appointed as a
318 surrogate parent shall not extend to the care, maintenance,
319 custody, residential placement, or any other area not
320 specifically related to the education of the child, unless the
321 same person is appointed by the court for such other purposes.
322 10. A person appointed as a surrogate parent shall enjoy
323 all of the procedural safeguards afforded a parent with respect
324 to the identification, evaluation, and educational placement of
325 a student with a disability or a student who is suspected of
326 having a disability.
327 11. A person appointed as a surrogate parent shall not be
328 held liable for actions taken in good faith on behalf of the
329 student in protecting the special education rights of the child.
330 (4)(5) TRAINING.—The department shall incorporate an
331 education component into all training programs of the department
332 regarding children known to the department. Such training shall
333 be coordinated with the Department of Education and the local
334 school districts. The department shall offer opportunities for
335 education personnel to participate in such training. Such
336 coordination shall include, but not be limited to, notice of
337 training sessions, opportunities to purchase training materials,
338 proposals to avoid duplication of services by offering joint
339 training, and incorporation of materials available from the
340 Department of Education and local school districts into the
341 department training when appropriate. The department training
342 components shall include:
343 (a) Training for surrogate parents to include how an
344 ability to learn of a child known to the department is affected
345 by abuse, abandonment, neglect, and removal from the home.
346 (b) Training for parents in cases in which reunification is
347 the goal, or for preadoptive parents when adoption is the goal,
348 so that such parents learn how to access the services the child
349 known to the department needs and the importance of their
350 involvement in the education of the child known to the
351 department.
352 (c) Training for caseworkers and foster parents to include
353 information on the right of the child known to the department to
354 an education, the role of an education in the development and
355 adjustment of a child known to the department, the proper ways
356 to access education and related services for the child known to
357 the department, and the importance and strategies for parental
358 involvement in education for the success of the child known to
359 the department.
360 (d) Training of caseworkers regarding the services and
361 information available through the Department of Education and
362 local school districts, including, but not limited to, the
363 current Sunshine State Standards, the Surrogate Parent Training
364 Manual, and other resources accessible through the Department of
365 Education or local school districts to facilitate educational
366 access for a child known to the department.
367 Section 2. Paragraph (p) of subsection (2) of section
368 39.202, Florida Statutes, is amended to read:
369 39.202 Confidentiality of reports and records in cases of
370 child abuse or neglect.—
371 (2) Except as provided in subsection (4), access to such
372 records, excluding the name of the reporter which shall be
373 released only as provided in subsection (5), shall be granted
374 only to the following persons, officials, and agencies:
375 (p) An employee of the local school district who is
376 designated as a liaison between the school district and the
377 department pursuant to an interagency agreement required under
378 s. 39.0016 and the principal of a public school, private school,
379 or charter school where the child is a student. Information
380 contained in the records which the liaison or the principal
381 determines are necessary for a school employee to effectively
382 provide a student with educational services may be released to
383 that employee.
384 Section 3. Subsection (11) of section 39.402, Florida
385 Statutes, is amended to read:
386 39.402 Placement in a shelter.—
387 (11)(a) If a child is placed in a shelter pursuant to a
388 court order following a shelter hearing, the court shall require
389 in the shelter hearing order that the parents of the child, or
390 the guardian of the child’s estate, if possessed of assets which
391 under law may be disbursed for the care, support, and
392 maintenance of the child, to pay, to the department or
393 institution having custody of the child, fees as established by
394 the department. When the order affects the guardianship estate,
395 a certified copy of the order shall be delivered to the judge
396 having jurisdiction of the guardianship estate. The shelter
397 order shall also require the parents to provide to the
398 department and any other state agency or party designated by the
399 court, within 28 days after entry of the shelter order, the
400 financial information necessary to accurately calculate child
401 support pursuant to s. 61.30.
402 (b) The court shall request that the parents consent to
403 provide access to the child’s medical records and provide
404 information to the court, the department or its contract
405 agencies, and any guardian ad litem or attorney for the child.
406 If a parent is unavailable or unable to consent or withholds
407 consent and the court determines access to the records and
408 information is necessary to provide services to the child, the
409 court shall issue an order granting access. The court may also
410 order the parents to The parent or legal guardian shall provide
411 all known medical information to the department and to any
412 others granted access under this subsection.
413 (c) The court shall request that the parents consent to
414 provide access to the child’s educational records and provide
415 information to the court, the department or its contract
416 agencies, and any guardian ad litem or attorney for the child.
417 If a parent is unavailable or unable to consent or withholds
418 consent and the court determines access to the records and
419 information is necessary to provide services to the child, the
420 court shall issue an order granting access.
421 (d) The court may appoint a surrogate parent or may refer
422 the child to the district school superintendent for appointment
423 of a surrogate parent if the child has or is suspected of having
424 a disability and the parent is unavailable pursuant to s.
425 39.0016(3)(b).
426 Section 4. Subsection (8) of section 39.701, Florida
427 Statutes, is amended to read:
428 39.701 Judicial review.—
429 (8) The court and any citizen review panel shall take into
430 consideration the information contained in the social services
431 study and investigation and all medical, psychological, and
432 educational records that support the terms of the case plan;
433 testimony by the social services agency, the parent, the foster
434 parent or legal custodian, the guardian ad litem or surrogate
435 parent for educational decisionmaking if one has been appointed
436 for the child, and any other person deemed appropriate; and any
437 relevant and material evidence submitted to the court, including
438 written and oral reports to the extent of their probative value.
439 These reports and evidence may be received by the court in its
440 effort to determine the action to be taken with regard to the
441 child and may be relied upon to the extent of their probative
442 value, even though not competent in an adjudicatory hearing. In
443 its deliberations, the court and any citizen review panel shall
444 seek to determine:
445 (a) If the parent was advised of the right to receive
446 assistance from any person or social service agency in the
447 preparation of the case plan.
448 (b) If the parent has been advised of the right to have
449 counsel present at the judicial review or citizen review
450 hearings. If not so advised, the court or citizen review panel
451 shall advise the parent of such right.
452 (c) If a guardian ad litem needs to be appointed for the
453 child in a case in which a guardian ad litem has not previously
454 been appointed or if there is a need to continue a guardian ad
455 litem in a case in which a guardian ad litem has been appointed.
456 (d) Who holds the rights to make educational decisions for
457 the child. If appropriate, the court may refer the child to the
458 district school superintendent for appointment of a surrogate
459 parent or may itself appoint a surrogate parent under the
460 Individuals with Disabilities Education Act and s. 39.0016.(e).
461 (d) The compliance or lack of compliance of all parties
462 with applicable items of the case plan, including the parents’
463 compliance with child support orders.
464 (f)(e) The compliance or lack of compliance with a
465 visitation contract between the parent and the social service
466 agency for contact with the child, including the frequency,
467 duration, and results of the parent-child visitation and the
468 reason for any noncompliance.
469 (g)(f) The compliance or lack of compliance of the parent
470 in meeting specified financial obligations pertaining to the
471 care of the child, including the reason for failure to comply if
472 such is the case.
473 (h)(g) Whether the child is receiving safe and proper care
474 according to s. 39.6012, including, but not limited to, the
475 appropriateness of the child’s current placement, including
476 whether the child is in a setting that is as family-like and as
477 close to the parent’s home as possible, consistent with the
478 child’s best interests and special needs, and including
479 maintaining stability in the child’s educational placement, as
480 documented by assurances from the community-based care provider
481 that:
482 1. The placement of the child takes into account the
483 appropriateness of the current educational setting and the
484 proximity to the school in which the child is enrolled at the
485 time of placement.
486 2. The community-based care agency has coordinated with
487 appropriate local educational agencies to ensure that the child
488 remains in the school in which the child is enrolled at the time
489 of placement.
490 (i)(h) A projected date likely for the child’s return home
491 or other permanent placement.
492 (j)(i) When appropriate, the basis for the unwillingness or
493 inability of the parent to become a party to a case plan. The
494 court and the citizen review panel shall determine if the
495 efforts of the social service agency to secure party
496 participation in a case plan were sufficient.
497 (k)(j) For a child who has reached 13 years of age but is
498 not yet 18 years of age, the adequacy of the child’s preparation
499 for adulthood and independent living.
500 (l)(k) If amendments to the case plan are required.
501 Amendments to the case plan must be made under s. 39.6013.
502 Section 5. Paragraph (f) of subsection (1) and paragraph
503 (g) of subsection (4) of section 1003.21, Florida Statutes, are
504 amended to read:
505 1003.21 School attendance.—
506 (1)
507 (f) Homeless children, as defined in s. 1003.01, and
508 children who are known to the department, as defined in s.
509 39.0016, must have access to a free public education and must be
510 admitted to school in the school district in which they or their
511 families live. School districts shall assist homeless children
512 and children who are known to the department to meet the
513 requirements of subsection (4) and s. 1003.22, as well as local
514 requirements for documentation.
515 (4) Before admitting a child to kindergarten, the principal
516 shall require evidence that the child has attained the age at
517 which he or she should be admitted in accordance with the
518 provisions of subparagraph (1)(a)2. The district school
519 superintendent may require evidence of the age of any child whom
520 he or she believes to be within the limits of compulsory
521 attendance as provided for by law. If the first prescribed
522 evidence is not available, the next evidence obtainable in the
523 order set forth below shall be accepted:
524 (g) If none of these evidences can be produced, an
525 affidavit of age sworn to by the parent, accompanied by a
526 certificate of age signed by a public health officer or by a
527 public school physician, or, if neither of these is available in
528 the county, by a licensed practicing physician designated by the
529 district school board, which certificate states that the health
530 officer or physician has examined the child and believes that
531 the age as stated in the affidavit is substantially correct. A
532 homeless child, as defined in s. 1003.01, and a child who is
533 known to the department, as defined in s. 39.0016, shall be
534 given temporary exemption from this section for 30 school days.
535 Section 6. Subsection (1) and paragraph (e) of subsection
536 (5) of section 1003.22, Florida Statutes, are amended to read:
537 1003.22 School-entry health examinations; immunization
538 against communicable diseases; exemptions; duties of Department
539 of Health.—
540 (1) Each district school board and the governing authority
541 of each private school shall require that each child who is
542 entitled to admittance to kindergarten, or is entitled to any
543 other initial entrance into a public or private school in this
544 state, present a certification of a school-entry health
545 examination performed within 1 year prior to enrollment in
546 school. Each district school board, and the governing authority
547 of each private school, may establish a policy that permits a
548 student up to 30 school days to present a certification of a
549 school-entry health examination. A homeless child, as defined in
550 s. 1003.01, and a child who is known to the department, as
551 defined in s. 39.0016, shall be given a temporary exemption for
552 30 school days. Any district school board that establishes such
553 a policy shall include provisions in its local school health
554 services plan to assist students in obtaining the health
555 examinations. However, any child shall be exempt from the
556 requirement of a health examination upon written request of the
557 parent of the child stating objections to the examination on
558 religious grounds.
559 (5) The provisions of this section shall not apply if:
560 (e) An authorized school official issues a temporary
561 exemption, for a period not to exceed 30 school days, to permit
562 a student who transfers into a new county to attend class until
563 his or her records can be obtained. A homeless child, as defined
564 in s. 1003.01, and a child who is known to the department, as
565 defined in s. 39.0016, shall be given a temporary exemption for
566 30 school days. The public school health nurse or authorized
567 private school official is responsible for followup of each such
568 student until proper documentation or immunizations are
569 obtained. An exemption for 30 days may be issued for a student
570 who enters a juvenile justice program to permit the student to
571 attend class until his or her records can be obtained or until
572 the immunizations can be obtained. An authorized juvenile
573 justice official is responsible for followup of each student who
574 enters a juvenile justice program until proper documentation or
575 immunizations are obtained.
576 Section 7. Subsections (3) and (4) are added to section
577 1003.57, Florida Statutes, to read:
578 1003.57 Exceptional students instruction.—
579 (3)(a) For purposes of this subsection and subsection (4),
580 the term:
581 1. “Agency” means the Department of Children and Family
582 Services or its contracted lead agency, the Agency for Persons
583 with Disabilities, and the Agency for Health Care
584 Administration.
585 2. “Exceptional student” means an exceptional student, as
586 defined in s. 1003.01, who has a disability.
587 3. “Receiving school district” means the district in which
588 a private residential care facility is located.
589 4. “Placement” means the funding or arrangement of funding
590 by an agency for all or a part of the cost for an exceptional
591 student to reside in a private residential care facility and the
592 placement crosses school district lines.
593 (b) Within 10 business days after an exceptional student is
594 placed in a private residential care facility by an agency, the
595 agency or private residential care facility licensed by the
596 agency, as appropriate, shall provide written notification of
597 the placement to the school district where the student is
598 currently counted for funding purposes under s. 1011.62 and the
599 receiving school district. The exceptional student shall be
600 enrolled in school and receive a free and appropriate public
601 education, special education, and related services while the
602 notice and procedures regarding payment are pending. This
603 paragraph applies when the placement is for the primary purpose
604 of addressing residential or other noneducational needs and the
605 placement crosses school district lines.
606 (c) Within 10 business days after receiving the
607 notification, the receiving school district must review the
608 student’s individual educational plan (IEP) to determine if the
609 student’s IEP can be implemented by the receiving school
610 district or by a provider or facility under contract with the
611 receiving school district. The receiving school district shall:
612 1. Provide educational instruction to the student;
613 2. Contract with another provider or facility to provide
614 the educational instruction;
615 3. Contract with the private residential care facility in
616 which the student resides to provide the educational
617 instruction; or
618 4. Decline to provide or contract for educational
619 instruction.
620
621 If the receiving school district declines to provide or contract
622 for the educational instruction, the school district in which
623 the legal residence of the student is located shall provide or
624 contract for the educational instruction to the student. The
625 school district that provides educational instruction or
626 contracts to provide educational instruction shall report the
627 student for funding purposes pursuant s. 1011.62.
628 (d)1. The Department of Education, in consultation with the
629 agencies and school districts, shall develop procedures for
630 written notification to school districts regarding the placement
631 of an exceptional student in a residential care facility. The
632 procedures must:
633 a. Provide for written notification of a placement that
634 crosses school district lines; and
635 b. Identify the entity responsible for the notification for
636 each facility that is operated, licensed, or regulated by an
637 agency.
638 2. The State Board of Education shall adopt the procedures
639 by rule pursuant to ss. 120.536(1) and 120.54 and the agencies
640 shall implement the procedures.
641
642 The requirements of paragraphs (c) and (d) do not apply to
643 written agreements among school districts which specify each
644 school district’s responsibility for providing and paying for
645 educational services to an exceptional student in a residential
646 care facility. However, each agreement must require a school
647 district to review the student’s IEP within 10 business days
648 after receiving the notification required under paragraph (b).
649 (4) The Department of Education and agencies shall enter
650 into an agreement for interagency coordination regarding the
651 placement of exceptional students in residential facilities,
652 consistent with federal law and regulations, on or before
653 January 1, 2010. The agreement shall identify the
654 responsibilities of each party and ensure that students receive
655 special education and related services necessary to receive a
656 free appropriate public education. The agreement shall also
657 establish procedures for:
658 (a) Resolving interagency disputes;
659 (b) Ensuring the provision of services during the pendency
660 of a dispute; and
661 (c) Ensuring continued Medicaid eligibility as deemed
662 appropriate.
663 Section 8. This act shall take effect July 1, 2009.