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| 1 | A bill to be entitled | ||
| 2 | An act relating to children in custody of the state; | ||
| 3 | requiring the Department of Children and Family Services | ||
| 4 | to enter into interagency agreements with public or | ||
| 5 | private entities for delivery of services to children in | ||
| 6 | care or custody or under the supervision of the | ||
| 7 | department; requiring an agreement between the department | ||
| 8 | and the Department of Education; requiring an agreement | ||
| 9 | between the department and district school boards; | ||
| 10 | specifying provisions of each agreement; providing an | ||
| 11 | effective date. | ||
| 12 | |||
| 13 | Be It Enacted by the Legislature of the State of Florida: | ||
| 14 | |||
| 15 | Section 1. The Department of Children and Family Services | ||
| 16 | or its successor shall enter into agreements, contracts, or | ||
| 17 | other legal arrangements with public or private entities for the | ||
| 18 | purpose of facilitating the delivery of any service or program | ||
| 19 | to children in the care or custody or under the supervision of | ||
| 20 | the department, avoiding duplication of services or programs, or | ||
| 21 | combining resources to maximize the availability or delivery of | ||
| 22 | services or programs. | ||
| 23 | (1) The Department of Children and Family Services shall | ||
| 24 | enter into an agreement with the Department of Education | ||
| 25 | regarding the education and related care of children known to | ||
| 26 | the department who are in shelter care, foster care, or out-of- | ||
| 27 | home care, placed with a relative caregiver, or under protective | ||
| 28 | supervision of the department. Such agreement shall be designed | ||
| 29 | to expedite, facilitate, access, and otherwise provide education | ||
| 30 | success to children known to the Department of Children and | ||
| 31 | Family Services. | ||
| 32 | (2) The Department of Children and Family Services shall | ||
| 33 | enter into agreements with district school boards or other local | ||
| 34 | educational entities regarding the education and related | ||
| 35 | services of children known to the department. The interagency | ||
| 36 | agreement between each school district and the applicable | ||
| 37 | Department of Children and Family Services district or lead | ||
| 38 | agency for such district shall fulfill the constitutional | ||
| 39 | mandate to provide an education to Florida's children, including | ||
| 40 | those children in the temporary or permanent custody of the | ||
| 41 | state. Each agreement shall include, but not be limited to: | ||
| 42 | (a) Responsibility by the Department of Children and | ||
| 43 | Family Services for enrolling the child in school or continuing | ||
| 44 | the child's enrollment at the same school to avoid disruption of | ||
| 45 | education from the time of shelter until other appropriate | ||
| 46 | arrangements can be made. | ||
| 47 | (b) A requirement that the Department of Children and | ||
| 48 | Family Services request of a school district all available and | ||
| 49 | appropriate services for a child in the custody of the state and | ||
| 50 | notify the school district where the child resides and the | ||
| 51 | caseworker's name and phone number for child safety purposes. | ||
| 52 | (c) An authorization for a school district and the | ||
| 53 | Department of Children and Family Services to share information | ||
| 54 | about a child, since the sharing of information will assist each | ||
| 55 | agency in providing education and related services for the | ||
| 56 | benefit of the child. | ||
| 57 | (d) Provision for transportation of a child in state | ||
| 58 | custody when such transportation will avoid a change in school | ||
| 59 | assignment due to a change in residential placement, and any | ||
| 60 | other mechanisms designed to stabilize a child's school | ||
| 61 | placement while the child is known to the department. | ||
| 62 | (e) Cooperation in accessing the services and supports | ||
| 63 | needed for a child who has or is suspected of having a | ||
| 64 | disability to receive an appropriate education consistent with | ||
| 65 | the Individuals with Disabilities Education Act and state | ||
| 66 | implementing laws, rules, and assurances. | ||
| 67 | (f) Coordination of services for a child who has or is | ||
| 68 | suspected of having a disability, to include: | ||
| 69 | 1. Prompt referral for evaluation. | ||
| 70 | 2. Sharing of evaluations between the school district and | ||
| 71 | the Department of Children and Family Services. | ||
| 72 | 3. Provision of education and related services appropriate | ||
| 73 | for the child's needs and abilities. | ||
| 74 | 4. Coordination of services and plans between the school | ||
| 75 | and the residential setting. | ||
| 76 | 5. Appointment of a surrogate parent for educational | ||
| 77 | purposes for each child as soon as the child is determined to be | ||
| 78 | dependent and without regard to where the child is placed so | ||
| 79 | that one surrogate parent can follow the child's education | ||
| 80 | during his or her entire time in state custody. | ||
| 81 | 6. Training for surrogate parents to include the effects | ||
| 82 | of abuse, neglect, and removal from home on the child's ability | ||
| 83 | to learn. | ||
| 84 | 7. For each child 14 years of age and older, transition | ||
| 85 | planning by the Department of Children and Family Services and | ||
| 86 | all providers, including the department's independent living | ||
| 87 | program staff. | ||
| 88 | 8. Provision of parent training in cases in which | ||
| 89 | reunification is the goal or for preadoptive parents when | ||
| 90 | adoption is the goal, so that parents learn how to access the | ||
| 91 | services the child needs and the importance of their involvement | ||
| 92 | in the child's education. | ||
| 93 | (g) Provision of individualized student intervention or | ||
| 94 | academic improvement plans when a determination has been made | ||
| 95 | through legally appropriate criteria that intervention services | ||
| 96 | are required. | ||
| 97 | (h) Participation by the district school system in | ||
| 98 | Department of Children and Family Services case planning for a | ||
| 99 | child, both at the time of plan development and plan review. | ||
| 100 | (i) Training for caseworkers and foster parents to include | ||
| 101 | information on the child's right to an education, the role of an | ||
| 102 | education in the child's development and adjustment, the proper | ||
| 103 | ways to access education and related services for the child, and | ||
| 104 | the importance and strategies for parent involvement in | ||
| 105 | education for the success of the child. | ||
| 106 | (j) Training of Department of Children and Family Services | ||
| 107 | contractors and school-leased contractors with respect to the | ||
| 108 | education of children and related issues. | ||
| 109 | Section 2. This act shall take effect July 1, 2003. | ||