CS/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 and requirements for district school
6superintendent or court appointment of a surrogate parent
7for educational decisionmaking for a child who has or is
8suspected of having a disability; providing requirements
9for educational placement; providing requirements relating
10to qualifications and responsibilities of surrogate
11parents; limiting liability; amending s. 39.202, F.S.;
12providing for access to certain records to liaisons
13between school districts and the Department of Children
14and Family Services; amending s. 39.402, F.S.; requiring
15access to a child's medical records and educational
16records if a child is placed in a shelter; authorizing
17appointment of a surrogate parent; amending s. 39.701,
18F.S.; requiring the court and citizen review panel in
19judicial reviews to consider testimony by a surrogate
20parent for educational decisionmaking; providing for
21additional deliberations relating to appointment of an
22educational decisionmaker; requiring certain documentation
23relating to the educational setting; amending s. 1003.21,
24F.S.; providing access to free public education for
25children known to the department; authorizing a temporary
26exemption relating to school attendance; amending s.
271003.22, F.S.; authorizing a temporary exemption from
28school-entry health examinations for children known to the
29department; providing an effective date.
30
31Be It Enacted by the Legislature of the State of Florida:
32
33     Section 1.  Section 39.0016, Florida Statutes, is amended
34to read:
35     39.0016  Education of abused, neglected, and abandoned
36children; agency agreements; children having or suspected of
37having a disability.--
38     (1)  DEFINITIONS.--As used in this section, the term:
39     (a)  "Children known to the department" means children who
40are found to be dependent or children in shelter care.
41     (b)  "Department" means the Department of Children and
42Family Services or a community-based care lead agency acting on
43behalf of the Department of Children and Family Services, as
44appropriate.
45     (c)  "Surrogate parent" means an individual appointed to
46act in the place of a parent in educational decisionmaking and
47in safeguarding a child's rights under the Individuals with
48Disabilities Education Act and this section.
49     (2)  AGENCY AGREEMENTS.--
50     (a)(3)  The department shall enter into an agreement with
51the Department of Education regarding the education and related
52care of children known to the department. Such agreement shall
53be designed to provide educational access to children known to
54the department for the purpose of facilitating the delivery of
55services or programs to children known to the department. The
56agreement shall avoid duplication of services or programs and
57shall provide for combining resources to maximize the
58availability or delivery of services or programs.
59     (b)(4)  The department shall enter into agreements with
60district school boards or other local educational entities
61regarding education and related services for children known to
62the department who are of school age and children known to the
63department who are younger than school age but who would
64otherwise qualify for services from the district school board.
65Such agreements shall include, but are not limited to:
66     1.(a)  A requirement that the department shall:
67     a.1.  Enroll children known to the department in school.
68The agreement shall provide for continuing the enrollment of a
69child known to the department at the same school, if possible,
70with the goal of avoiding disruption of education.
71     b.2.  Notify the school and school district in which a
72child known to the department is enrolled of the name and phone
73number of the child known to the department caregiver and
74caseworker for child safety purposes.
75     c.3.  Establish a protocol for the department to share
76information about a child known to the department with the
77school district, consistent with the Family Educational Rights
78and Privacy Act, since the sharing of information will assist
79each agency in obtaining education and related services for the
80benefit of the child.
81     d.4.  Notify the school district of the department's case
82planning for a child known to the department, both at the time
83of plan development and plan review. Within the plan development
84or review process, the school district may provide information
85regarding the child known to the department if the school
86district deems it desirable and appropriate.
87     2.(b)  A requirement that the district school board shall:
88     a.1.  Provide the department with a general listing of the
89services and information available from the district school
90board, including, but not limited to, the current Sunshine State
91Standards, the Surrogate Parent Training Manual, and other
92resources accessible through the Department of Education or
93local school districts to facilitate educational access for a
94child known to the department.
95     b.2.  Identify all educational and other services provided
96by the school and school district which the school district
97believes are reasonably necessary to meet the educational needs
98of a child known to the department.
99     c.3.  Determine whether transportation is available for a
100child known to the department when such transportation will
101avoid a change in school assignment due to a change in
102residential placement. Recognizing that continued enrollment in
103the same school throughout the time the child known to the
104department is in out-of-home care is preferable unless
105enrollment in the same school would be unsafe or otherwise
106impractical, the department, the district school board, and the
107Department of Education shall assess the availability of
108federal, charitable, or grant funding for such transportation.
109     d.4.  Provide individualized student intervention or an
110individual educational plan when a determination has been made
111through legally appropriate criteria that intervention services
112are required. The intervention or individual educational plan
113must include strategies to enable the child known to the
114department to maximize the attainment of educational goals.
115     3.(c)  A requirement that the department and the district
116school board shall cooperate in accessing the services and
117supports needed for a child known to the department who has or
118is suspected of having a disability to receive an appropriate
119education consistent with the Individuals with Disabilities
120Education Act and state implementing laws, rules, and
121assurances. Coordination of services for a child known to the
122department who has or is suspected of having a disability may
123include:
124     a.1.  Referral for screening.
125     b.2.  Sharing of evaluations between the school district
126and the department where appropriate.
127     c.3.  Provision of education and related services
128appropriate for the needs and abilities of the child known to
129the department.
130     d.4.  Coordination of services and plans between the school
131and the residential setting to avoid duplication or conflicting
132service plans.
133     e.5.  Appointment of a surrogate parent, consistent with
134the Individuals with Disabilities Education Act and pursuant to
135subsection (3), for educational purposes for a child known to
136the department who qualifies as soon as the child is determined
137to be dependent and without a parent to act for the child. The
138surrogate parent shall be appointed by the school district
139without regard to where the child known to the department is
140placed so that one surrogate parent can follow the education of
141the child known to the department during his or her entire time
142in state custody.
143     f.6.  For each child known to the department 14 years of
144age and older, transition planning by the department and all
145providers, including the department's independent living program
146staff, to meet the requirements of the local school district for
147educational purposes.
148     (c)(2)  The provisions of this subsection section establish
149standards goals and not rights. This subsection section does not
150require the delivery of any particular service or level of
151service in excess of existing appropriations. A person may not
152maintain a cause of action against the state or any of its
153subdivisions, agencies, contractors, subcontractors, or agents
154based upon this subsection section becoming law or failure by
155the Legislature to provide adequate funding for the achievement
156of these standards goals. This subsection section does not
157require the expenditure of funds to meet the standards goals
158established in this subsection section except funds specifically
159appropriated for such purpose.
160     (3)  CHILDREN HAVING OR SUSPECTED OF HAVING A DISABILITY.--
161     (a)1.  The Legislature finds that disability is a natural
162part of the human experience and in no way diminishes the right
163of individuals to participate in or contribute to society.
164Improving educational results for children with disabilities is
165an essential element of our public policy of ensuring equality
166of opportunity, full participation, independent living, and
167economic self-sufficiency for individuals with disabilities.
168     2.  The Legislature also finds that research and experience
169have shown that the education of children with disabilities can
170be made more effective by:
171     a.  Having high expectations for these children and
172ensuring their access to the general education curriculum in the
173regular classroom, to the maximum extent possible.
174     b.  Providing appropriate exceptional student education,
175related services, and aids and supports in the least restrictive
176environment appropriate for these children.
177     c.  Having a trained, interested, and consistent
178educational decisionmaker for the child when the parent is
179determined to be legally unavailable or when the foster parent
180is unwilling, has no significant relationship with the child, or
181is not trained in the exceptional student education process.
182     3.  It is, therefore, the intent of the Legislature that
183all children with disabilities known to the department,
184consistent with the Individuals with Disabilities Education Act,
185have available to them a free, appropriate public education that
186emphasizes exceptional student education and related services
187designed to meet their unique needs and prepare them for further
188education, employment, and independent living and that the
189rights of children with disabilities are protected.
190     (b)1.  Each district school superintendent or dependency
191court must appoint a surrogate parent for a child known to the
192department who has or is suspected of having a disability, as
193defined in s. 1003.01(3), when:
194     a.  After reasonable efforts, no parent can be located; or
195     b.  A court of competent jurisdiction over a child under
196this chapter has determined that no person has the authority
197under the Individuals with Disabilities Education Act, including
198the parent or parents subject to the dependency action, or that
199no person has the authority, willingness, or ability to serve as
200the educational decisionmaker for the child without judicial
201action.
202     2.  A surrogate parent appointed by the district school
203superintendent or the court must be at least 18 years old and
204have no personal or professional interest that conflicts with
205the interests of the student to be represented. Neither the
206district school superintendent nor the court may appoint an
207employee of the Department of Education, the local school
208district, a community-based care provider, the Department of
209Children and Family Services, or any other public or private
210agency involved in the education or care of the child as
211appointment of those persons is prohibited by federal law. This
212prohibition includes group home staff and therapeutic foster
213parents. However, a person who acts in a parental role to a
214child, such as a foster parent or relative caregiver, is not
215prohibited from serving as a surrogate parent if he or she is
216employed by such agency, willing to serve, and knowledgeable
217about the child and the exceptional student education process.
218The surrogate parent may be a court-appointed guardian ad litem
219or a relative or nonrelative adult who is involved in the
220child's life regardless of whether that person has physical
221custody of the child. Each person appointed as a surrogate
222parent must have the knowledge and skills acquired by
223successfully completing training using materials developed and
224approved by the Department of Education to ensure adequate
225representation of the child.
226     3.  If a guardian ad litem has been appointed for a child,
227the district school superintendent must first consider the
228child's guardian ad litem when appointing a surrogate parent.
229The district school superintendent must accept the appointment
230of the court if he or she has not previously appointed a
231surrogate parent. Similarly, the court must accept a surrogate
232parent duly appointed by a district school superintendent.
233     4.  A surrogate parent appointed by the district school
234superintendent or the court must be accepted by any subsequent
235school or school district without regard to where the child is
236receiving residential care so that a single surrogate parent can
237follow the education of the child during his or her entire time
238in state custody. Nothing in this paragraph or in rule shall
239limit or prohibit the continuance of a surrogate parent
240appointment when the responsibility for the student's
241educational placement moves among and between public and private
242agencies.
243     5.  For a child known to the department, the responsibility
244to appoint a surrogate parent resides with both the district
245school superintendent and the court with jurisdiction over the
246child. If the court elects to appoint a surrogate parent, notice
247shall be provided as soon as practicable to the child's school.
248At any time the court determines that it is in the best
249interests of a child to remove a surrogate parent, the court may
250appoint a new surrogate parent for educational decisionmaking
251purposes for that child.
252     6.  The surrogate parent shall continue in the appointed
253role until one of the following occurs:
254     a.  The child is determined to no longer be eligible or in
255need of special programs, except when termination of special
256programs is being contested.
257     b.  The child achieves permanency through adoption or legal
258guardianship and is no longer in the custody of the department.
259     c.  The parent who was previously unknown becomes known,
260whose whereabouts were unknown is located, or who was
261unavailable is determined by the court to be available.
262     d.  The appointed surrogate no longer wishes to represent
263the child or is unable to represent the child.
264     e.  The superintendent of the school district in which the
265child is attending school, the Department of Education contract
266designee, or the court that appointed the surrogate determines
267that the appointed surrogate parent no longer adequately
268represents the child.
269     f.  The child moves to a geographic location that is not
270reasonably accessible to the appointed surrogate.
271     7.  The appointment and termination of appointment of a
272surrogate under this paragraph shall be entered as an order of
273the court with a copy of the order provided to the child's
274school as soon as practicable.
275     8.  The person appointed as a surrogate parent under this
276paragraph must:
277     a.  Be acquainted with the child and become knowledgeable
278about his or her disability and educational needs.
279     b.  Represent the child in all matters relating to
280identification, evaluation, and educational placement and the
281provision of a free and appropriate education to the child.
282     c.  Represent the interests and safeguard the rights of the
283child in educational decisions that affect the child.
284     9.  The responsibilities of the person appointed as a
285surrogate parent shall not extend to the care, maintenance,
286custody, residential placement, or any other area not
287specifically related to the education of the child, unless the
288same person is appointed by the court for such other purposes.
289     10.  A person appointed as a surrogate parent shall enjoy
290all of the procedural safeguards afforded a parent with respect
291to the identification, evaluation, and educational placement of
292a student with a disability or a student who is suspected of
293having a disability.
294     11.  A person appointed as a surrogate parent shall not be
295held liable for actions taken in good faith on behalf of the
296student in protecting the special education rights of the child.
297     (4)(5)  TRAINING.--The department shall incorporate an
298education component into all training programs of the department
299regarding children known to the department. Such training shall
300be coordinated with the Department of Education and the local
301school districts. The department shall offer opportunities for
302education personnel to participate in such training. Such
303coordination shall include, but not be limited to, notice of
304training sessions, opportunities to purchase training materials,
305proposals to avoid duplication of services by offering joint
306training, and incorporation of materials available from the
307Department of Education and local school districts into the
308department training when appropriate. The department training
309components shall include:
310     (a)  Training for surrogate parents to include how an
311ability to learn of a child known to the department is affected
312by abuse, abandonment, neglect, and removal from the home.
313     (b)  Training for parents in cases in which reunification
314is the goal, or for preadoptive parents when adoption is the
315goal, so that such parents learn how to access the services the
316child known to the department needs and the importance of their
317involvement in the education of the child known to the
318department.
319     (c)  Training for caseworkers and foster parents to include
320information on the right of the child known to the department to
321an education, the role of an education in the development and
322adjustment of a child known to the department, the proper ways
323to access education and related services for the child known to
324the department, and the importance and strategies for parental
325involvement in education for the success of the child known to
326the department.
327     (d)  Training of caseworkers regarding the services and
328information available through the Department of Education and
329local school districts, including, but not limited to, the
330current Sunshine State Standards, the Surrogate Parent Training
331Manual, and other resources accessible through the Department of
332Education or local school districts to facilitate educational
333access for a child known to the department.
334     Section 2.  Paragraph (p) of subsection (2) of section
33539.202, Florida Statutes, is amended to read:
336     39.202  Confidentiality of reports and records in cases of
337child abuse or neglect.--
338     (2)  Except as provided in subsection (4), access to such
339records, excluding the name of the reporter which shall be
340released only as provided in subsection (5), shall be granted
341only to the following persons, officials, and agencies:
342     (p)  An employee of the local school district who is
343designated as a liaison between the school district and the
344department pursuant to an interagency agreement required under
345s. 39.0016 and the principal of a public school, private school,
346or charter school where the child is a student. Information
347contained in the records which the liaison or the principal
348determines are necessary for a school employee to effectively
349provide a student with educational services may be released to
350that employee.
351     Section 3.  Subsection (11) of section 39.402, Florida
352Statutes, is amended to read:
353     39.402  Placement in a shelter.--
354     (11)(a)  If a child is placed in a shelter pursuant to a
355court order following a shelter hearing, the court shall require
356in the shelter hearing order that the parents of the child, or
357the guardian of the child's estate, if possessed of assets which
358under law may be disbursed for the care, support, and
359maintenance of the child, to pay, to the department or
360institution having custody of the child, fees as established by
361the department. When the order affects the guardianship estate,
362a certified copy of the order shall be delivered to the judge
363having jurisdiction of the guardianship estate. The shelter
364order shall also require the parents to provide to the
365department and any other state agency or party designated by the
366court, within 28 days after entry of the shelter order, the
367financial information necessary to accurately calculate child
368support pursuant to s. 61.30.
369     (b)  The court shall request that the parents consent to
370provide access to the child's medical records and provide
371information to the court, the department or its contract
372agencies, and any guardian ad litem or attorney for the child.
373If a parent is unavailable or unable to consent or withholds
374consent and the court determines access to the records and
375information is necessary to provide services to the child, the
376court shall issue an order granting access. The court may also
377order the parents to The parent or legal guardian shall provide
378all known medical information to the department and to any
379others granted access under this subsection.
380     (c)  The court shall request that the parents consent to
381provide access to the child's educational records and provide
382information to the court, the department or its contract
383agencies, and any guardian ad litem or attorney for the child.
384If a parent is unavailable or unable to consent or withholds
385consent and the court determines access to the records and
386information is necessary to provide services to the child, the
387court shall issue an order granting access.
388     (d)  The court may appoint a surrogate parent or may refer
389the child to the district school superintendent for appointment
390of a surrogate parent if the child has or is suspected of having
391a disability and the parent is unavailable pursuant to s.
39239.0016(3)(b).
393     Section 4.  Subsection (8) of section 39.701, Florida
394Statutes, is amended to read:
395     39.701  Judicial review.--
396     (8)  The court and any citizen review panel shall take into
397consideration the information contained in the social services
398study and investigation and all medical, psychological, and
399educational records that support the terms of the case plan;
400testimony by the social services agency, the parent, the foster
401parent or legal custodian, the guardian ad litem or surrogate
402parent for educational decisionmaking if one has been appointed
403for the child, and any other person deemed appropriate; and any
404relevant and material evidence submitted to the court, including
405written and oral reports to the extent of their probative value.
406These reports and evidence may be received by the court in its
407effort to determine the action to be taken with regard to the
408child and may be relied upon to the extent of their probative
409value, even though not competent in an adjudicatory hearing. In
410its deliberations, the court and any citizen review panel shall
411seek to determine:
412     (a)  If the parent was advised of the right to receive
413assistance from any person or social service agency in the
414preparation of the case plan.
415     (b)  If the parent has been advised of the right to have
416counsel present at the judicial review or citizen review
417hearings. If not so advised, the court or citizen review panel
418shall advise the parent of such right.
419     (c)  If a guardian ad litem needs to be appointed for the
420child in a case in which a guardian ad litem has not previously
421been appointed or if there is a need to continue a guardian ad
422litem in a case in which a guardian ad litem has been appointed.
423     (d)  Who holds the rights to make educational decisions for
424the child. If appropriate, the court may refer the child to the
425district school superintendent for appointment of a surrogate
426parent or may itself appoint a surrogate parent under the
427Individuals with Disabilities Education Act and s. 39.0016.
428     (e)(d)  The compliance or lack of compliance of all parties
429with applicable items of the case plan, including the parents'
430compliance with child support orders.
431     (f)(e)  The compliance or lack of compliance with a
432visitation contract between the parent and the social service
433agency for contact with the child, including the frequency,
434duration, and results of the parent-child visitation and the
435reason for any noncompliance.
436     (g)(f)  The compliance or lack of compliance of the parent
437in meeting specified financial obligations pertaining to the
438care of the child, including the reason for failure to comply if
439such is the case.
440     (h)(g)  Whether the child is receiving safe and proper care
441according to s. 39.6012, including, but not limited to, the
442appropriateness of the child's current placement, including
443whether the child is in a setting that is as family-like and as
444close to the parent's home as possible, consistent with the
445child's best interests and special needs, and including
446maintaining stability in the child's educational placement, as
447documented by assurances from the community-based care provider
448that:
449     1.  The placement of the child takes into account the
450appropriateness of the current educational setting and the
451proximity to the school in which the child is enrolled at the
452time of placement.
453     2.  The community-based care agency has coordinated with
454appropriate local educational agencies to ensure that the child
455remains in the school in which the child is enrolled at the time
456of placement.
457     (i)(h)  A projected date likely for the child's return home
458or other permanent placement.
459     (j)(i)  When appropriate, the basis for the unwillingness
460or inability of the parent to become a party to a case plan. The
461court and the citizen review panel shall determine if the
462efforts of the social service agency to secure party
463participation in a case plan were sufficient.
464     (k)(j)  For a child who has reached 13 years of age but is
465not yet 18 years of age, the adequacy of the child's preparation
466for adulthood and independent living.
467     (l)(k)  If amendments to the case plan are required.
468Amendments to the case plan must be made under s. 39.6013.
469     Section 5. Paragraph (f) of subsection (1) and paragraph
470(g) of subsection (4) of section 1003.21, Florida Statutes, are
471amended to read:
472     1003.21  School attendance.--
473     (1)
474     (f)  Homeless children, as defined in s. 1003.01, and
475children who are known to the department, as defined in s.
47639.0016, must have access to a free public education and must be
477admitted to school in the school district in which they or their
478families live. School districts shall assist homeless children
479and children who are known to the department to meet the
480requirements of subsection (4) and s. 1003.22, as well as local
481requirements for documentation.
482     (4)  Before admitting a child to kindergarten, the
483principal shall require evidence that the child has attained the
484age at which he or she should be admitted in accordance with the
485provisions of subparagraph (1)(a)2. The district school
486superintendent may require evidence of the age of any child whom
487he or she believes to be within the limits of compulsory
488attendance as provided for by law. If the first prescribed
489evidence is not available, the next evidence obtainable in the
490order set forth below shall be accepted:
491     (g)  If none of these evidences can be produced, an
492affidavit of age sworn to by the parent, accompanied by a
493certificate of age signed by a public health officer or by a
494public school physician, or, if neither of these is available in
495the county, by a licensed practicing physician designated by the
496district school board, which certificate states that the health
497officer or physician has examined the child and believes that
498the age as stated in the affidavit is substantially correct. A
499homeless child, as defined in s. 1003.01, and a child who is
500known to the department, as defined in s. 39.0016, shall be
501given temporary exemption from this section for 30 school days.
502     Section 6.  Subsection (1) and paragraph (e) of subsection
503(5) of section 1003.22, Florida Statutes, are amended to read:
504     1003.22  School-entry health examinations; immunization
505against communicable diseases; exemptions; duties of Department
506of Health.--
507     (1)  Each district school board and the governing authority
508of each private school shall require that each child who is
509entitled to admittance to kindergarten, or is entitled to any
510other initial entrance into a public or private school in this
511state, present a certification of a school-entry health
512examination performed within 1 year prior to enrollment in
513school. Each district school board, and the governing authority
514of each private school, may establish a policy that permits a
515student up to 30 school days to present a certification of a
516school-entry health examination. A homeless child, as defined in
517s. 1003.01, and a child who is known to the department, as
518defined in s. 39.0016, shall be given a temporary exemption for
51930 school days. Any district school board that establishes such
520a policy shall include provisions in its local school health
521services plan to assist students in obtaining the health
522examinations. However, any child shall be exempt from the
523requirement of a health examination upon written request of the
524parent of the child stating objections to the examination on
525religious grounds.
526     (5)  The provisions of this section shall not apply if:
527     (e)  An authorized school official issues a temporary
528exemption, for a period not to exceed 30 school days, to permit
529a student who transfers into a new county to attend class until
530his or her records can be obtained. A homeless child, as defined
531in s. 1003.01, and a child who is known to the department, as
532defined in s. 39.0016, shall be given a temporary exemption for
53330 school days. The public school health nurse or authorized
534private school official is responsible for followup of each such
535student until proper documentation or immunizations are
536obtained. An exemption for 30 days may be issued for a student
537who enters a juvenile justice program to permit the student to
538attend class until his or her records can be obtained or until
539the immunizations can be obtained. An authorized juvenile
540justice official is responsible for followup of each student who
541enters a juvenile justice program until proper documentation or
542immunizations are obtained.
543     Section 7.  This act shall take effect July 1, 2009.


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