HB 783

1
A bill to be entitled
2An act relating to education for children in shelter care
3or foster care; amending s. 39.0016, F.S.; defining the
4term "surrogate parent"; providing legislative intent;
5providing conditions for district school board or court
6appointment of a surrogate parent for educational
7decisionmaking for a child who has or is suspected of
8having a disability; amending s. 39.202, F.S.; providing
9for access to certain records to liaisons between school
10districts and the Department of Children and Family
11Services; amending s. 39.402, F.S.; requiring access to a
12child's medical records and educational records if a child
13is placed in a shelter; amending s. 39.701, F.S.;
14requiring the court and citizen review panel in judicial
15reviews to consider testimony by a surrogate parent for
16educational decisionmaking; providing for additional
17deliberations relating to appointment of an educational
18decisionmaker; requiring certain documentation relating to
19the educational setting; amending s. 1003.21, F.S.;
20providing access to free public education for children
21known to the department; authorizing a temporary exemption
22relating to school attendance; amending s. 1003.22, F.S.;
23authorizing a temporary exemption from school-entry health
24examinations for children known to the department;
25providing an effective date.
26
27Be It Enacted by the Legislature of the State of Florida:
28
29     Section 1.  Section 39.0016, Florida Statutes, is amended
30to read:
31     39.0016  Education of abused, neglected, and abandoned
32children; agency agreements; children having or suspected of
33having a disability.--
34     (1)  DEFINITIONS.--As used in this section, the term:
35     (a)  "Children known to the department" means children who
36are found to be dependent or children in shelter care.
37     (b)  "Department" means the Department of Children and
38Family Services or a community-based care lead agency acting on
39behalf of the Department of Children and Family Services, as
40appropriate.
41     (c)  "Surrogate parent" means an individual appointed to
42act in the place of a parent in educational decisionmaking and
43in safeguarding a child's rights under the Individuals with
44Disabilities Education Act and this section.
45     (2)  AGENCY AGREEMENTS.--
46     (a)(3)  The department shall enter into an agreement with
47the Department of Education regarding the education and related
48care of children known to the department. Such agreement shall
49be designed to provide educational access to children known to
50the department for the purpose of facilitating the delivery of
51services or programs to children known to the department. The
52agreement shall avoid duplication of services or programs and
53shall provide for combining resources to maximize the
54availability or delivery of services or programs.
55     (b)(4)  The department shall enter into agreements with
56district school boards or other local educational entities
57regarding education and related services for children known to
58the department who are of school age and children known to the
59department who are younger than school age but who would
60otherwise qualify for services from the district school board.
61Such agreements shall include, but are not limited to:
62     1.(a)  A requirement that the department shall:
63     a.1.  Enroll children known to the department in school.
64The agreement shall provide for continuing the enrollment of a
65child known to the department at the same school, if possible,
66with the goal of avoiding disruption of education.
67     b.2.  Notify the school and school district in which a
68child known to the department is enrolled of the name and phone
69number of the child known to the department caregiver and
70caseworker for child safety purposes.
71     c.3.  Establish a protocol for the department to share
72information about a child known to the department with the
73school district, consistent with the Family Educational Rights
74and Privacy Act, since the sharing of information will assist
75each agency in obtaining education and related services for the
76benefit of the child.
77     d.4.  Notify the school district of the department's case
78planning for a child known to the department, both at the time
79of plan development and plan review. Within the plan development
80or review process, the school district may provide information
81regarding the child known to the department if the school
82district deems it desirable and appropriate.
83     2.(b)  A requirement that the district school board shall:
84     a.1.  Provide the department with a general listing of the
85services and information available from the district school
86board, including, but not limited to, the current Sunshine State
87Standards, the Surrogate Parent Training Manual, and other
88resources accessible through the Department of Education or
89local school districts to facilitate educational access for a
90child known to the department.
91     b.2.  Identify all educational and other services provided
92by the school and school district which the school district
93believes are reasonably necessary to meet the educational needs
94of a child known to the department.
95     c.3.  Determine whether transportation is available for a
96child known to the department when such transportation will
97avoid a change in school assignment due to a change in
98residential placement. Recognizing that continued enrollment in
99the same school throughout the time the child known to the
100department is in out-of-home care is preferable unless
101enrollment in the same school would be unsafe or otherwise
102impractical, the department, the district school board, and the
103Department of Education shall assess the availability of
104federal, charitable, or grant funding for such transportation.
105     d.4.  Provide individualized student intervention or an
106individual educational plan when a determination has been made
107through legally appropriate criteria that intervention services
108are required. The intervention or individual educational plan
109must include strategies to enable the child known to the
110department to maximize the attainment of educational goals.
111     3.(c)  A requirement that the department and the district
112school board shall cooperate in accessing the services and
113supports needed for a child known to the department who has or
114is suspected of having a disability to receive an appropriate
115education consistent with the Individuals with Disabilities
116Education Act and state implementing laws, rules, and
117assurances. Coordination of services for a child known to the
118department who has or is suspected of having a disability may
119include:
120     a.1.  Referral for screening.
121     b.2.  Sharing of evaluations between the school district
122and the department where appropriate.
123     c.3.  Provision of education and related services
124appropriate for the needs and abilities of the child known to
125the department.
126     d.4.  Coordination of services and plans between the school
127and the residential setting to avoid duplication or conflicting
128service plans.
129     e.5.  Appointment of a surrogate parent, consistent with
130the Individuals with Disabilities Education Act and pursuant to
131subsection (3), for educational purposes for a child known to
132the department who qualifies as soon as the child is determined
133to be dependent and without a parent to act for the child. The
134surrogate parent shall be appointed by the school district
135without regard to where the child known to the department is
136placed so that one surrogate parent can follow the education of
137the child known to the department during his or her entire time
138in state custody.
139     f.6.  For each child known to the department 14 years of
140age and older, transition planning by the department and all
141providers, including the department's independent living program
142staff, to meet the requirements of the local school district for
143educational purposes.
144     (c)(2)  The provisions of this subsection section establish
145standards goals and not rights. This subsection section does not
146require the delivery of any particular service or level of
147service in excess of existing appropriations. A person may not
148maintain a cause of action against the state or any of its
149subdivisions, agencies, contractors, subcontractors, or agents
150based upon this subsection section becoming law or failure by
151the Legislature to provide adequate funding for the achievement
152of these standards goals. This subsection section does not
153require the expenditure of funds to meet the standards goals
154established in this subsection section except funds specifically
155appropriated for such purpose.
156     (3)  CHILDREN HAVING OR SUSPECTED OF HAVING A DISABILITY.--
157     (a)1.  The Legislature finds that disability is a natural
158part of the human experience and in no way diminishes the right
159of individuals to participate in or contribute to society.
160Improving educational results for children with disabilities is
161an essential element of our public policy of ensuring equality
162of opportunity, full participation, independent living, and
163economic self-sufficiency for individuals with disabilities.
164     2.  The Legislature also finds that research and experience
165have shown that the education of children with disabilities can
166be made more effective by:
167     a.  Having high expectations for these children and
168ensuring their access to the general education curriculum in the
169regular classroom, to the maximum extent possible.
170     b.  Providing appropriate exceptional student education,
171related services, and aids and supports in the least restrictive
172environment appropriate for these children.
173     c.  Having a trained, interested, and consistent
174educational decisionmaker for the child when the parent is
175determined to be legally unavailable or when the foster parent
176is unwilling, has no significant relationship with the child, or
177is not trained in the exceptional student education process.
178     3.  It is, therefore, the intent of the Legislature that
179all children with disabilities known to the department,
180consistent with the Individuals with Disabilities Education Act,
181have available to them a free, appropriate public education that
182emphasizes exceptional student education and related services
183designed to meet their unique needs and prepare them for further
184education, employment, and independent living and that the
185rights of children with disabilities are protected.
186     (b)1.  Each district school board or dependency court must
187appoint a surrogate parent for a child known to the department
188who has or is suspected of having a disability, as defined in s.
1891003.01(3), when:
190     a.  After reasonable efforts, no parent can be located;
191     b.  A court of competent jurisdiction over a child has
192determined that no person has the authority under the Individuals
193with Disabilities Education Act or that no person with such
194authority is willing or able to serve as the educational
195decisionmaker for the child; or
196     c.  The child is residing in a licensed group care or
197therapeutic setting wherein the Individuals with Disabilities
198Education Act prohibits staff from acting as a surrogate parent
199for educational decisionmaking.
200     2.  The dependency court may appoint a surrogate parent for
201any child who is under its jurisdiction. A surrogate parent
202appointed by the court must be at least 18 years old. The court
203may not appoint an employee of the Department of Education, the
204local school district, a community-based care provider, the
205Department of Children and Family Services, or any other public
206or private agency involved in the education or care of the child
207as appointment of those persons is prohibited by federal law.
208However, a person who acts in a parental role to a child, such
209as a foster parent or relative caregiver, is not prohibited from
210serving as a surrogate parent if employed by such agency,
211willing to serve, and knowledgeable about the child and about
212the exceptional student education process. Group home staff and
213therapeutic foster home parents may not be appointed. The
214surrogate parent may be a relative or other adult involved in
215the child's life regardless of whether that person has physical
216custody of the child.
217     3.  The district school board must accept the appointment
218of the court or must appoint a surrogate parent within 30 days
219after notice that the child meets the criteria in this paragraph
220and no court appointment has been made.
221     4.  A surrogate parent appointed by the district school
222board must be accepted by any subsequent school without regard
223to where the child is receiving residential care so that a
224single surrogate parent can follow the education of the child
225during his or her entire time in state custody.
226     5.  For a child known to the department, the responsibility
227to appoint a surrogate parent resides with both the district
228school board and the court with jurisdiction over the child. If
229the court elects to appoint a surrogate parent, notice shall be
230provided as soon as practicable to the child's school. At any
231time that the court determines that it is in the best interests
232of a child to remove a surrogate parent, the court may appoint a
233new surrogate parent for educational decisionmaking purposes for
234that child.
235     (4)(5)  TRAINING.--The department shall incorporate an
236education component into all training programs of the department
237regarding children known to the department. Such training shall
238be coordinated with the Department of Education and the local
239school districts. The department shall offer opportunities for
240education personnel to participate in such training. Such
241coordination shall include, but not be limited to, notice of
242training sessions, opportunities to purchase training materials,
243proposals to avoid duplication of services by offering joint
244training, and incorporation of materials available from the
245Department of Education and local school districts into the
246department training when appropriate. The department training
247components shall include:
248     (a)  Training for surrogate parents to include how an
249ability to learn of a child known to the department is affected
250by abuse, abandonment, neglect, and removal from the home.
251     (b)  Training for parents in cases in which reunification
252is the goal, or for preadoptive parents when adoption is the
253goal, so that such parents learn how to access the services the
254child known to the department needs and the importance of their
255involvement in the education of the child known to the
256department.
257     (c)  Training for caseworkers and foster parents to include
258information on the right of the child known to the department to
259an education, the role of an education in the development and
260adjustment of a child known to the department, the proper ways
261to access education and related services for the child known to
262the department, and the importance and strategies for parental
263involvement in education for the success of the child known to
264the department.
265     (d)  Training of caseworkers regarding the services and
266information available through the Department of Education and
267local school districts, including, but not limited to, the
268current Sunshine State Standards, the Surrogate Parent Training
269Manual, and other resources accessible through the Department of
270Education or local school districts to facilitate educational
271access for a child known to the department.
272     Section 2.  Paragraph (p) of subsection (2) of section
27339.202, Florida Statutes, is amended to read:
274     39.202  Confidentiality of reports and records in cases of
275child abuse or neglect.--
276     (2)  Except as provided in subsection (4), access to such
277records, excluding the name of the reporter which shall be
278released only as provided in subsection (5), shall be granted
279only to the following persons, officials, and agencies:
280     (p)  An employee of the local school district who is
281designated as a liaison between the school district and the
282department pursuant to an interagency agreement required under
283s. 39.0016 and the principal of a public school, private school,
284or charter school where the child is a student. Information
285contained in the records which the liaison or the principal
286determines are necessary for a school employee to effectively
287provide a student with educational services may be released to
288that employee.
289     Section 3.  Subsection (11) of section 39.402, Florida
290Statutes, is amended to read:
291     39.402  Placement in a shelter.--
292     (11)(a)  If a child is placed in a shelter pursuant to a
293court order following a shelter hearing, the court shall require
294in the shelter hearing order that the parents of the child, or
295the guardian of the child's estate, if possessed of assets which
296under law may be disbursed for the care, support, and
297maintenance of the child, to pay, to the department or
298institution having custody of the child, fees as established by
299the department. When the order affects the guardianship estate,
300a certified copy of the order shall be delivered to the judge
301having jurisdiction of the guardianship estate. The shelter
302order shall also require the parents to provide to the
303department and any other state agency or party designated by the
304court, within 28 days after entry of the shelter order, the
305financial information necessary to accurately calculate child
306support pursuant to s. 61.30.
307     (b)  The court shall request that the parents consent to
308provide access to the child's medical records and provide
309information to the court, the department or its contract
310agencies, and any guardian ad litem or attorney for the child.
311If a parent is unavailable or unable to consent or withholds
312consent and the court determines access to the records and
313information is necessary to provide services to the child, the
314court shall issue an order granting access. The court may also
315order the parents to The parent or legal guardian shall provide
316all known medical information to the department and to any
317others granted access under this subsection.
318     (c)  The court shall request that the parents consent to
319provide access to the child's educational records and provide
320information to the court, the department or its contract
321agencies, and any guardian ad litem or attorney for the child.
322If a parent is unavailable or unable to consent or withholds
323consent and the court determines access to the records and
324information is necessary to provide services to the child, the
325court shall issue an order granting access. The court may
326appoint a surrogate parent or may refer the child to the
327district school board for appointment of a surrogate parent.
328     Section 4.  Subsection (8) of section 39.701, Florida
329Statutes, is amended to read:
330     39.701  Judicial review.--
331     (8)  The court and any citizen review panel shall take into
332consideration the information contained in the social services
333study and investigation and all medical, psychological, and
334educational records that support the terms of the case plan;
335testimony by the social services agency, the parent, the foster
336parent or legal custodian, the guardian ad litem or surrogate
337parent for educational decisionmaking if one has been appointed
338for the child, and any other person deemed appropriate; and any
339relevant and material evidence submitted to the court, including
340written and oral reports to the extent of their probative value.
341These reports and evidence may be received by the court in its
342effort to determine the action to be taken with regard to the
343child and may be relied upon to the extent of their probative
344value, even though not competent in an adjudicatory hearing. In
345its deliberations, the court and any citizen review panel shall
346seek to determine:
347     (a)  If the parent was advised of the right to receive
348assistance from any person or social service agency in the
349preparation of the case plan.
350     (b)  If the parent has been advised of the right to have
351counsel present at the judicial review or citizen review
352hearings. If not so advised, the court or citizen review panel
353shall advise the parent of such right.
354     (c)  If a guardian ad litem needs to be appointed for the
355child in a case in which a guardian ad litem has not previously
356been appointed or if there is a need to continue a guardian ad
357litem in a case in which a guardian ad litem has been appointed.
358     (d)  Who holds the rights to make educational decisions for
359the child. If appropriate, the court may refer the child to the
360district school board for appointment of a surrogate parent or
361may itself appoint a surrogate parent under the Individuals with
362Disabilities Education Act and s. 39.0016.
363     (e)(d)  The compliance or lack of compliance of all parties
364with applicable items of the case plan, including the parents'
365compliance with child support orders.
366     (f)(e)  The compliance or lack of compliance with a
367visitation contract between the parent and the social service
368agency for contact with the child, including the frequency,
369duration, and results of the parent-child visitation and the
370reason for any noncompliance.
371     (g)(f)  The compliance or lack of compliance of the parent
372in meeting specified financial obligations pertaining to the
373care of the child, including the reason for failure to comply if
374such is the case.
375     (h)(g)  Whether the child is receiving safe and proper care
376according to s. 39.6012, including, but not limited to, the
377appropriateness of the child's current placement, including
378whether the child is in a setting that is as family-like and as
379close to the parent's home as possible, consistent with the
380child's best interests and special needs, and including
381maintaining stability in the child's educational placement, as
382documented by assurances from the community-based care provider
383that:
384     1.  The placement of the child takes into account the
385appropriateness of the current educational setting and the
386proximity to the school in which the child is enrolled at the
387time of placement.
388     2.  The community-based care agency has coordinated with
389appropriate local educational agencies to ensure that the child
390remains in the school in which the child is enrolled at the time
391of placement.
392     (i)(h)  A projected date likely for the child's return home
393or other permanent placement.
394     (j)(i)  When appropriate, the basis for the unwillingness
395or inability of the parent to become a party to a case plan. The
396court and the citizen review panel shall determine if the
397efforts of the social service agency to secure party
398participation in a case plan were sufficient.
399     (k)(j)  For a child who has reached 13 years of age but is
400not yet 18 years of age, the adequacy of the child's preparation
401for adulthood and independent living.
402     (l)(k)  If amendments to the case plan are required.
403Amendments to the case plan must be made under s. 39.6013.
404     Section 5. Paragraph (f) of subsection (1) and paragraph
405(g) of subsection (4) of section 1003.21, Florida Statutes, are
406amended to read:
407     1003.21  School attendance.--
408     (1)
409     (f)  Homeless children, as defined in s. 1003.01, and
410children who are known to the department, as defined in s.
41139.0016, must have access to a free public education and must be
412admitted to school in the school district in which they or their
413families live. School districts shall assist homeless children
414and children who are known to the department to meet the
415requirements of subsection (4) and s. 1003.22, as well as local
416requirements for documentation.
417     (4)  Before admitting a child to kindergarten, the
418principal shall require evidence that the child has attained the
419age at which he or she should be admitted in accordance with the
420provisions of subparagraph (1)(a)2. The district school
421superintendent may require evidence of the age of any child whom
422he or she believes to be within the limits of compulsory
423attendance as provided for by law. If the first prescribed
424evidence is not available, the next evidence obtainable in the
425order set forth below shall be accepted:
426     (g)  If none of these evidences can be produced, an
427affidavit of age sworn to by the parent, accompanied by a
428certificate of age signed by a public health officer or by a
429public school physician, or, if neither of these is available in
430the county, by a licensed practicing physician designated by the
431district school board, which certificate states that the health
432officer or physician has examined the child and believes that
433the age as stated in the affidavit is substantially correct. A
434homeless child, as defined in s. 1003.01, and a child who is
435known to the department, as defined in s. 39.0016, shall be
436given temporary exemption from this section for 30 school days.
437     Section 6.  Subsection (1) and paragraph (e) of subsection
438(5) of section 1003.22, Florida Statutes, are amended to read:
439     1003.22  School-entry health examinations; immunization
440against communicable diseases; exemptions; duties of Department
441of Health.--
442     (1)  Each district school board and the governing authority
443of each private school shall require that each child who is
444entitled to admittance to kindergarten, or is entitled to any
445other initial entrance into a public or private school in this
446state, present a certification of a school-entry health
447examination performed within 1 year prior to enrollment in
448school. Each district school board, and the governing authority
449of each private school, may establish a policy that permits a
450student up to 30 school days to present a certification of a
451school-entry health examination. A homeless child, as defined in
452s. 1003.01, and a child who is known to the department, as
453defined in s. 39.0016, shall be given a temporary exemption for
45430 school days. Any district school board that establishes such
455a policy shall include provisions in its local school health
456services plan to assist students in obtaining the health
457examinations. However, any child shall be exempt from the
458requirement of a health examination upon written request of the
459parent of the child stating objections to the examination on
460religious grounds.
461     (5)  The provisions of this section shall not apply if:
462     (e)  An authorized school official issues a temporary
463exemption, for a period not to exceed 30 school days, to permit
464a student who transfers into a new county to attend class until
465his or her records can be obtained. A homeless child, as defined
466in s. 1003.01, and a child who is known to the department, as
467defined in s. 39.0016, shall be given a temporary exemption for
46830 school days. The public school health nurse or authorized
469private school official is responsible for followup of each such
470student until proper documentation or immunizations are
471obtained. An exemption for 30 days may be issued for a student
472who enters a juvenile justice program to permit the student to
473attend class until his or her records can be obtained or until
474the immunizations can be obtained. An authorized juvenile
475justice official is responsible for followup of each student who
476enters a juvenile justice program until proper documentation or
477immunizations are obtained.
478     Section 7.  This act shall take effect July 1, 2009.


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