Senate Bill sb2744

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    Florida Senate - 2003                                  SB 2744

    By Senator Atwater





    25-1585A-03

  1                      A bill to be entitled

  2         An act relating to children in custody of the

  3         state; requiring the Department of Children and

  4         Family Services to enter into interagency

  5         agreements with public or private entities for

  6         delivery of services to children in care or

  7         custody or under the supervision of the

  8         department; requiring an agreement between the

  9         department and the Department of Education;

10         requiring an agreement between the department

11         and district school boards; specifying

12         provisions of each agreement; requiring access

13         to certain information; providing training

14         components; providing an effective date.

15  

16  Be It Enacted by the Legislature of the State of Florida:

17  

18         Section 1.  The Department of Children and Family

19  Services or its successor shall enter into agreements,

20  contracts, or other legal arrangements with public or private

21  entities for the purpose of facilitating the delivery of any

22  service or program to children in the care or custody or under

23  the supervision of the department, avoiding duplication of

24  services or programs, or combining resources to maximize the

25  availability or delivery of services or programs.

26         (1)  The Department of Children and Family Services

27  shall enter into an agreement with the Department of Education

28  regarding the education and related care of children known to

29  the department who are in shelter care, foster care, or

30  out-of-home care, placed with a relative caregiver, or under

31  protective supervision of the department. Such agreement shall

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    Florida Senate - 2003                                  SB 2744
    25-1585A-03




 1  be designed to expedite, facilitate, access, and otherwise

 2  provide education to children known to the Department of

 3  Children and Family Services.

 4         (2)  The Department of Children and Family Services

 5  shall enter into agreements with district school boards or

 6  other local educational entities regarding the education and

 7  related services of children known to the department. Each

 8  agreement shall include, but not be limited to:

 9         (a)  Responsibility by the Department of Children and

10  Family Services for enrolling the child in school or

11  continuing the child's enrollment at the same school to avoid

12  disruption of education from the time of shelter until other

13  appropriate arrangements can be made.

14         (b)  A requirement that the Department of Children and

15  Family Services request the school district in which a child

16  in its custody is enrolled to identify all educational and

17  other services provided by the school or the school district

18  which the school district believes are reasonably necessary to

19  meet the child's educational needs. The department shall

20  notify the school and school district in which the child is

21  enrolled of the name and phone number of the child's caregiver

22  and caseworker for child safety purposes. The Department of

23  Children and Family Services shall be responsible for

24  familiarizing its agents with the services and information

25  available through the Department of Education and local school

26  districts, including, but not limited to, the current Sunshine

27  State Standards, the Surrogate Parent Training Manual, and

28  other resources accessible through the Department of Education

29  or local school districts to facilitate access to a quality

30  education for a child in the care of the Department of

31  Children and Family Services.

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    Florida Senate - 2003                                  SB 2744
    25-1585A-03




 1         (c)  A protocol for the Department of Children and

 2  Family Services to share information about a child with the

 3  school district, consistent with the Family Educational Rights

 4  and Privacy Act, since the sharing of information will assist

 5  each agency in obtaining education and related services for

 6  the benefit of the child.

 7         (d)  Whether transportation is available for a child in

 8  state custody when such transportation will avoid a change in

 9  school assignment due to a change in residential placement.

10  Recognizing that continued enrollment in the same school

11  throughout the child's time in out-of-home care is preferable

12  unless enrollment in the same school would be unsafe or

13  otherwise impractical, the Department of Children and Family

14  Services and the Department of Education shall access the

15  availability of funding for transportation, including, but not

16  limited to, whether the child qualifies under the

17  McKinney-Vento Homeless Assistance Act or the individuals with

18  Disabilities Education Act.

19         (e)  Cooperation in accessing the services and supports

20  needed for a child who has or is suspected of having a

21  disability to receive an appropriate education consistent with

22  the Individuals with Disabilities Education Act and state

23  implementing laws, rules, and assurances.

24         (f)  Coordination of services for a child who has or is

25  suspected of having a disability, to include:

26         1.  Prompt referral for screening.

27         2.  Sharing of evaluations between the school district

28  and the Department of Children and Family Services where

29  appropriate.

30         3.  Provision of education and related services

31  appropriate for the child's needs and abilities.

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    Florida Senate - 2003                                  SB 2744
    25-1585A-03




 1         4.  Coordination of services and plans between the

 2  school and the residential setting to avoid duplication or

 3  conflicting service plans.

 4         5.  Appointment of a surrogate parent, consistent with

 5  the Individuals with Disabilities Education Act, for

 6  educational purposes for each child who qualifies as soon as

 7  the child is determined to be dependent and without a parent

 8  to act for the child. The surrogate parent shall be appointed

 9  by the school district without regard to where the child is

10  placed so that one surrogate parent can follow the child's

11  education during his or her entire time in state custody.

12         6.  For each child 14 years of age and older,

13  transition planning by the Department of Children and Family

14  Services and all providers, including the department's

15  independent living program staff, to meet the requirements of

16  the local school district for educational purposes.

17         (g)  Provision of individualized student intervention

18  or an individual educational plan when a determination has

19  been made through legally appropriate criteria that

20  intervention services are required.

21         (3)  The Department of Children and Family Services

22  shall provide notification and access to the school district

23  of the department's case planning for a child, both at the

24  time of plan development and plan review, to enable the school

25  district to provide information regarding the child during

26  these critical processes if the school district deems it

27  desirable and appropriate.

28         (4)  The Department of Children and Family Services

29  shall coordinate with the Department of Education and the

30  local school districts with respect to training required to

31  implement this section in order to offer opportunities for

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    Florida Senate - 2003                                  SB 2744
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 1  education personnel to participate in such training. Such

 2  coordination shall include, but not be limited to, notice of

 3  training sessions, opportunities to purchase training

 4  materials, proposals to avoid duplication of services by

 5  offering joint training, and incorporation of materials

 6  available from the Department of Education and local school

 7  districts into the Department of Children and Family Services

 8  training when appropriate. The Department of Children and

 9  Family Services training components shall include the

10  following:

11         (a)  Training for surrogate parents to include the

12  effects of abuse, neglect, and removal from home on the

13  child's ability to learn.

14         (b)  Training for parents in cases in which

15  reunification is the goal or for preadoptive parents when

16  adoption is the goal, so that parents learn how to access the

17  services the child needs and the importance of their

18  involvement in the child's education.

19         (c)  Training for caseworkers and foster parents to

20  include information on the child's right to an education, the

21  role of an education in the child's development and

22  adjustment, the proper ways to access education and related

23  services for the child, and the importance and strategies for

24  parental involvement in education for the success of the

25  child.

26         (d)  Training of Department of Children and Family

27  Services contractors and school-leased contractors with

28  respect to the education of children and related issues.

29         Section 2.  This act shall take effect July 1, 2003.

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    Florida Senate - 2003                                  SB 2744
    25-1585A-03




 1            *****************************************

 2                          SENATE SUMMARY

 3    Requires the Department of Children and Family Services
      to enter into interagency agreements with public or
 4    private entities for delivery of services to children in
      the care or custody of the state or under the supervision
 5    of the department. Requires an agreement between the
      department and the Department of Education. Requires an
 6    agreement between the department and district school
      boards. Specifies provisions of each agreement. Requires
 7    access to certain information. Provides training
      components.
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