| 1 | A bill to be entitled | 
| 2 | An act relating to foster care services; amending s. 20.19, | 
| 3 | F.S.; prohibiting certain members of a community alliance from | 
| 4 | receiving funds from the Department of Children and Family | 
| 5 | Services or a community-based lead agency; amending s. 409.1671, | 
| 6 | F.S.; providing additional requirements for an eligible lead | 
| 7 | community-based provider to compete for a privatization project; | 
| 8 | requiring contracts with lead community-based providers to | 
| 9 | include certain standards; revising requirements for the | 
| 10 | department's quality assurance program for privatized services; | 
| 11 | directing the Florida Coalition for Children, Inc., to develop a | 
| 12 | plan for a statewide risk pool for community-based providers | 
| 13 | that provide foster care and related services under contract | 
| 14 | with the department or a lead community-based provider; deleting | 
| 15 | a requirement that the department develop a proposal; specifying | 
| 16 | the requirements of the plan; extending a submission deadline; | 
| 17 | revising the process for plan approval; directing the department | 
| 18 | to issue a loan upon approval of the plan; modifying the | 
| 19 | purposes of the risk pool; revising the purposes for which | 
| 20 | funding may be recommended to the Legislature; deleting | 
| 21 | provisions requiring the creation of a risk pool within the | 
| 22 | State Treasury; revising the requirements for operating the risk | 
| 23 | pool; authorizing the risk pool to invest funds and retain | 
| 24 | interest; providing for payments upon a determination of | 
| 25 | insolvency; prohibiting payment of dividends until repayment of | 
| 26 | the loan by the department and until the risk pool is | 
| 27 | actuarially sound; deleting a requirement for a performance | 
| 28 | bond; providing for the risk pool to be managed by the Florida | 
| 29 | Coalition for Children, Inc., or its designated contractor; | 
| 30 | specifying the manner by which nonmember entities may be | 
| 31 | authorized to contract with the department; providing an | 
| 32 | exemption from state travel policies for community-based | 
| 33 | providers and subcontractors; creating s. 39.0016, F.S., | 
| 34 | relating to the education of abused, neglected, and abandoned | 
| 35 | children; creating definitions; providing for interpretation of | 
| 36 | the act; requiring an agreement between the Department of | 
| 37 | Children and Family Services and the Department of Education; | 
| 38 | requiring agreements between the Department of Children and | 
| 39 | Family Services and district school boards or other local | 
| 40 | educational entities; specifying provisions of such agreements; | 
| 41 | requiring access to certain information; requiring education | 
| 42 | training components; amending s. 1002.22, F.S., relating to | 
| 43 | access to student records; authorizing the release of records to | 
| 44 | the Department of Children and Family Services or a community- | 
| 45 | based care lead agency; providing effective dates. | 
| 46 | 
 | 
| 47 | Be It Enacted by the Legislature of the State of Florida: | 
| 48 | 
 | 
| 49 | Section 1.  Subsection (6) of section 20.19, Florida | 
| 50 | Statutes, is amended to read: | 
| 51 | 20.19  Department of Children and Family Services.--There | 
| 52 | is created a Department of Children and Family Services. | 
| 53 | (6)  COMMUNITY ALLIANCES.-- | 
| 54 | (a)  The department shall, in consultation with local | 
| 55 | communities, establish a community alliance of the stakeholders, | 
| 56 | community leaders, client representatives and funders of human | 
| 57 | services in each county to provide a focal point for community | 
| 58 | participation and governance of community-based services.  An | 
| 59 | alliance may cover more than one county when such arrangement is | 
| 60 | determined to provide for more effective representation.  The | 
| 61 | community alliance shall represent the diversity of the | 
| 62 | community. | 
| 63 | (b)  The duties of the community alliance shall include, | 
| 64 | but not necessarily be limited to: | 
| 65 | 1.  Joint planning for resource utilization in the | 
| 66 | community, including resources appropriated to the department | 
| 67 | and any funds that local funding sources choose to provide. | 
| 68 | 2.  Needs assessment and establishment of community | 
| 69 | priorities for service delivery. | 
| 70 | 3.  Determining community outcome goals to supplement | 
| 71 | state-required outcomes. | 
| 72 | 4.  Serving as a catalyst for community resource | 
| 73 | development. | 
| 74 | 5.  Providing for community education and advocacy on | 
| 75 | issues related to delivery of services. | 
| 76 | 6.  Promoting prevention and early intervention services. | 
| 77 | (c)  The department shall ensure, to the greatest extent | 
| 78 | possible, that the formation of each community alliance builds | 
| 79 | on the strengths of the existing community human services | 
| 80 | infrastructure. | 
| 81 | (d)  The initial membership of the community alliance in a | 
| 82 | county shall be composed of the following: | 
| 83 | 1.  The district administrator. | 
| 84 | 2.  A representative from county government. | 
| 85 | 3.  A representative from the school district. | 
| 86 | 4.  A representative from the county United Way. | 
| 87 | 5.  A representative from the county sheriff's office. | 
| 88 | 6.  A representative from the circuit court corresponding | 
| 89 | to the county. | 
| 90 | 7.  A representative from the county children's board, if | 
| 91 | one exists. | 
| 92 | (e)  At any time after the initial meeting of the community | 
| 93 | alliance, the community alliance shall adopt bylaws and may | 
| 94 | increase the membership of the alliance to include the state | 
| 95 | attorney for the judicial circuit in which the community | 
| 96 | alliance is located, or his or her designee, the public defender | 
| 97 | for the judicial circuit in which the community alliance is | 
| 98 | located, or his or her designee, and other individuals and | 
| 99 | organizations who represent funding organizations, are community | 
| 100 | leaders, have knowledge of community-based service issues, or | 
| 101 | otherwise represent perspectives that will enable them to | 
| 102 | accomplish the duties listed in paragraph (b), if, in the | 
| 103 | judgment of the alliance, such change is necessary to adequately | 
| 104 | represent the diversity of the population within the community | 
| 105 | alliance service districts. | 
| 106 | (f)  A member of the community alliance, other than a | 
| 107 | member specified in paragraph (d), may not receive payment for | 
| 108 | contractual services from the department or a community-based | 
| 109 | care lead agency. | 
| 110 | (g) (f)Members of the community alliances shall serve | 
| 111 | without compensation, but are entitled to receive reimbursement | 
| 112 | for per diem and travel expenses, as provided in s. 112.061. | 
| 113 | Payment may also be authorized for preapproved child care | 
| 114 | expenses or lost wages for members who are consumers of the | 
| 115 | department's services and for preapproved child care expenses | 
| 116 | for other members who demonstrate hardship. | 
| 117 | (h) (g)Members of a community alliance are subject to the | 
| 118 | provisions of part III of chapter 112, the Code of Ethics for | 
| 119 | Public Officers and Employees. | 
| 120 | (i) (h)Actions taken by a community alliance must be | 
| 121 | consistent with department policy and state and federal laws, | 
| 122 | rules, and regulations. | 
| 123 | (j) (i)Alliance members shall annually submit a disclosure | 
| 124 | statement of services interests to the department's inspector | 
| 125 | general. Any member who has an interest in a matter under | 
| 126 | consideration by the alliance must abstain from voting on that | 
| 127 | matter. | 
| 128 | (k) (j)All alliance meetings are open to the public | 
| 129 | pursuant to s. 286.011 and the public records provision of s. | 
| 130 | 119.07(1). | 
| 131 | Section 2.  Paragraph (e) of subsection (1) and subsections | 
| 132 | (4), (7), and (8) of section 409.1671, Florida Statutes, as | 
| 133 | amended by section 27 of chapter 2003-399, Laws of Florida, are | 
| 134 | amended, paragraph (e) is added to subsection (3) of that | 
| 135 | section, and subsection (10) is added to that section, to read: | 
| 136 | 409.1671  Foster care and related services; privatization.- | 
| 137 | - | 
| 138 | (1) | 
| 139 | (e)  As used in this section, the term "eligible lead | 
| 140 | community-based provider" means a single agency with which the | 
| 141 | department shall contract for the provision of child protective | 
| 142 | services in a community that is no smaller than a county. The | 
| 143 | secretary of the department may authorize more than one eligible | 
| 144 | lead community-based provider within a single county when to do | 
| 145 | so will result in more effective delivery of foster care and | 
| 146 | related services. To compete for a privatization project, such | 
| 147 | agency must have: | 
| 148 | 1.  The ability to coordinate, integrate, and manage all | 
| 149 | child protective services in the designated community in | 
| 150 | cooperation with child protective investigations. | 
| 151 | 2.  The ability to ensure continuity of care from entry to | 
| 152 | exit for all children referred from the protective investigation | 
| 153 | and court systems. | 
| 154 | 3.  The ability to provide directly, or contract for | 
| 155 | through a local network of providers, all necessary child | 
| 156 | protective services. Such agencies should directly provide no | 
| 157 | more than 35 percent of all child protective services provided. | 
| 158 | 4.  The willingness to accept accountability for meeting | 
| 159 | the outcomes and performance standards related to child | 
| 160 | protective services established by the Legislature and the | 
| 161 | Federal Government. | 
| 162 | 5.  The capability and the willingness to serve all | 
| 163 | children referred to it from the protective investigation and | 
| 164 | court systems, regardless of the level of funding allocated to | 
| 165 | the community by the state, provided all related funding is | 
| 166 | transferred. | 
| 167 | 6.  The willingness to ensure that each individual who | 
| 168 | provides child protective services completes the training | 
| 169 | required of child protective service workers by the Department | 
| 170 | of Children and Family Services. | 
| 171 | 7.  The ability to maintain eligibility to receive all | 
| 172 | federal child welfare funds, including Title IV-E and IV-A | 
| 173 | funds, currently being used by the Department of Children and | 
| 174 | Family Services. | 
| 175 | 8.  Written agreements with Healthy Families Florida lead | 
| 176 | entities in their community, pursuant to s. 409.153, to promote | 
| 177 | cooperative planning for the provision of prevention and | 
| 178 | intervention services. | 
| 179 | 9.  A board of directors, of which at least 51 percent of | 
| 180 | the membership is comprised of persons residing in this state. | 
| 181 | Of the state residents, at least 51 percent must also reside | 
| 182 | within the service area of the lead community-based provider. | 
| 183 | (3) | 
| 184 | (e)  Each contract with an eligible lead community-based | 
| 185 | provider must include all performance outcome measures | 
| 186 | established by the Legislature and that are under the control of | 
| 187 | the lead agency. The standards must be adjusted annually by | 
| 188 | contract amendment to enable the department to meet the | 
| 189 | legislatively-established statewide standards. | 
| 190 | (4)(a)  The department, in consultation with the community- | 
| 191 | based agencies that are undertaking the privatized projects, | 
| 192 | shall establish a quality assurance program for privatized | 
| 193 | services. The quality assurance program shall be based on | 
| 194 | standards established by the Adoption and Safe Families Act as | 
| 195 | well as by a national accrediting organization such as the | 
| 196 | Council on Accreditation of Services for Families and Children, | 
| 197 | Inc. (COA) or CARF--the Rehabilitation Accreditation Commission. | 
| 198 | The department may develop a request for proposal for such | 
| 199 | oversight. This program must be developed and administered at a | 
| 200 | statewide level. The Legislature intends that the department be | 
| 201 | permitted to have limited flexibility to use funds for improving | 
| 202 | quality assurance. To this end, the department may transfer up | 
| 203 | to 0.125 percent of the total funds from categories used to pay | 
| 204 | for these contractually provided services, but the total amount | 
| 205 | of such transferred funds may not exceed $300,000 in any fiscal | 
| 206 | year. When necessary, the department may establish, in | 
| 207 | accordance with s. 216.177, additional positions that will be | 
| 208 | exclusively devoted to these functions. Any positions required | 
| 209 | under this paragraph may be established, notwithstanding ss. | 
| 210 | 216.262(1)(a) and 216.351. The department, in consultation with | 
| 211 | the community-based agencies that are undertaking the privatized | 
| 212 | projects, shall establish minimum thresholds for each component | 
| 213 | of service, consistent with standards established by the | 
| 214 | Legislature and the Federal Government.Each program operated | 
| 215 | under contract with a community-based agency must be evaluated | 
| 216 | annually by the department. The department shall, to the extent | 
| 217 | possible, use independent financial audits provided by the | 
| 218 | community-based care agency to eliminate or reduce the ongoing | 
| 219 | contract and administrative reviews conducted by the department. | 
| 220 | The department may suggest additional items to be included in | 
| 221 | such independent financial audits to meet the department's | 
| 222 | needs. Should the department determine that such independent | 
| 223 | financial audits are inadequate, then other audits, as | 
| 224 | necessary, may be conducted by the department. Nothing herein | 
| 225 | shall abrogate the requirements of s. 215.97. The department | 
| 226 | shall submit an annual report regarding quality performance, | 
| 227 | outcome measure attainment, and cost efficiency to the President | 
| 228 | of the Senate, the Speaker of the House of Representatives, the | 
| 229 | minority leader of each house of the Legislature, and the | 
| 230 | Governor no later than January 31 of each year for each project | 
| 231 | in operation during the preceding fiscal year. | 
| 232 | (b)  The department shall use these findings in making | 
| 233 | recommendations to the Governor and the Legislature for future | 
| 234 | program and funding priorities in the child welfare system. | 
| 235 | (7)  The Florida Coalition for Children, Inc., in | 
| 236 | consultation with the department, shall develop a plan based on | 
| 237 | an independent actuarial study regarding the long-term use and | 
| 238 | structure of a statewide community-based care risk pool for the | 
| 239 | protection of eligible lead community-based providers, their | 
| 240 | subcontractors, and providers of other social services who | 
| 241 | contract directly with the department. The plan must also | 
| 242 | outline strategies to maximize federal earnings as they relate | 
| 243 | to the community-based care risk pool. At a minimum, the plan | 
| 244 | must allow for the use of federal earnings received from child | 
| 245 | welfare programs to be allocated to the community-based care | 
| 246 | risk pool by the department, which earnings are determined by | 
| 247 | the department to be in excess of the amount appropriated in the | 
| 248 | General Appropriations Act. The plan must specify the necessary | 
| 249 | steps to ensure the financial integrity and industry-standard | 
| 250 | risk management practices of the community-based care risk pool | 
| 251 | and the continued availability of funding from federal, state, | 
| 252 | and local sources. The plan must also include recommendations | 
| 253 | that permit the program to be available to entities of the | 
| 254 | department providing child welfare services until full | 
| 255 | conversion to community-based care takes place. The final plan | 
| 256 | shall be submitted to the department and then to the Executive | 
| 257 | Office of the Governor and the Legislative Budget Commission for | 
| 258 | formal adoption before January 1, 2005. Upon approval of the | 
| 259 | plan by all parties, the department shall issue an interest-free | 
| 260 | loan that is secured by the cumulative contractual revenue of | 
| 261 | the community-based care risk pool membership, and the amount of | 
| 262 | the loan shall equal the amount appropriated by the Legislature | 
| 263 | for this purpose. The plan shall provide for a governance | 
| 264 | structure that assures the department the ability to oversee the | 
| 265 | operation of the community-based care risk pool at least until | 
| 266 | this loan is repaid in full. | 
| 267 | (a)  The purposes for which the community-based care risk | 
| 268 | pool shall be used include, but are not limited to: | 
| 269 | 1.  Significant changes in the number or composition of | 
| 270 | clients eligible to receive services. | 
| 271 | 2.  Significant changes in the services that are eligible | 
| 272 | for reimbursement. | 
| 273 | 3.  Scheduled or unanticipated, but necessary, advances to | 
| 274 | providers or other cash-flow issues. | 
| 275 | 4.  Proposals to participate in optional Medicaid services | 
| 276 | or other federal grant opportunities. | 
| 277 | 5.  Appropriate incentive structures. | 
| 278 | 6.  Continuity of care in the event of failure, | 
| 279 | discontinuance of service, or financial misconduct by a lead | 
| 280 | agency. | 
| 281 | 7.  Payment for time-limited technical assistance and | 
| 282 | consultation to lead agencies in the event of serious | 
| 283 | performance or management problems. | 
| 284 | 8.  Payment for meeting all traditional and nontraditional | 
| 285 | insurance needs of eligible members. | 
| 286 | 9.  Significant changes in the mix of available funds. | 
| 287 | (b)  After approval of the plan in the 2004-2005 fiscal | 
| 288 | year and annually thereafter, the department may also request in | 
| 289 | its annual legislative budget request, and the Governor may | 
| 290 | recommend, that the funding necessary to carry out paragraph (a) | 
| 291 | be appropriated to the department. Subsequent funding of the | 
| 292 | community-based care risk pool shall be supported by premiums | 
| 293 | assessed to members of the community-based care risk pool on a | 
| 294 | recurring basis. The community-based care risk pool may invest | 
| 295 | and retain interest earned on these funds. In addition, the | 
| 296 | department may transfer funds to the community-based care risk | 
| 297 | pool as available in order to ensure an adequate funding level | 
| 298 | if the fund is declared to be insolvent and approval is granted | 
| 299 | by the Legislative Budget Commission. Such payments for | 
| 300 | insolvency shall be made only after a determination is made by | 
| 301 | the department or its actuary that all participants in the | 
| 302 | community-based care risk pool are current in their payments of | 
| 303 | premiums and that assessments have been made at an actuarially | 
| 304 | sound level. Such payments by participants in the community- | 
| 305 | based care risk pool may not exceed reasonable industry | 
| 306 | standards, as determined by the actuary. Money from this fund | 
| 307 | may be used to match available federal dollars. Dividends or | 
| 308 | other payments, with the exception of legitimate claims, may not | 
| 309 | be paid to members of the community-based care risk pool until | 
| 310 | the loan issued by the department is repaid in full. Dividends | 
| 311 | or other payments, with the exception of legitimate claims and | 
| 312 | other purposes contained in the approved plan, may not be paid | 
| 313 | to members of the community-based care risk pool unless, at the | 
| 314 | time of distribution, the community-based care risk pool is | 
| 315 | deemed actuarially sound and solvent. Solvency shall be | 
| 316 | determined by an independent actuary contracted by the | 
| 317 | department. The plan shall be developed in consultation with the | 
| 318 | Office of Insurance Regulation. | 
| 319 | 1.  Such funds shall constitute partial security for | 
| 320 | contract performance by lead agencies and shall be used to | 
| 321 | offset the need for a performance bond. Subject to the approval | 
| 322 | of the plan, the community-based care risk pool shall be managed | 
| 323 | by the Florida Coalition for Children, Inc., or the designated | 
| 324 | contractors of the Florida Coalition for Children, Inc. | 
| 325 | Nonmembers of the community-based care risk pool may continue to | 
| 326 | contract with the department, but must provide a letter of | 
| 327 | credit equal to one-twelfth of the annual contract amount in | 
| 328 | lieu of membership in the community-based care risk pool. | 
| 329 | 2.  The department may separately require a bond to | 
| 330 | mitigate the financial consequences of potential acts of | 
| 331 | malfeasance, misfeasance, or criminal violations by the | 
| 332 | provider. | 
| 333 | (7)  The department, in consultation with existing lead | 
| 334 | agencies, shall develop a proposal regarding the long-term use | 
| 335 | and structure of a statewide shared earnings program which | 
| 336 | addresses the financial risk to eligible lead community-based | 
| 337 | providers resulting from unanticipated caseload growth or from | 
| 338 | significant changes in client mixes or services eligible for | 
| 339 | federal reimbursement. The recommendations in the statewide | 
| 340 | proposal must also be available to entities of the department | 
| 341 | until the conversion to community-based care takes place. At a | 
| 342 | minimum, the proposal must allow for use of federal earnings | 
| 343 | received from child welfare programs, which earnings are | 
| 344 | determined by the department to be in excess of the amount | 
| 345 | appropriated in the General Appropriations Act, to be used for | 
| 346 | specific purposes. These purposes include, but are not limited | 
| 347 | to:  | 
| 348 | (a)  Significant changes in the number or composition of | 
| 349 | clients eligible to receive services.  | 
| 350 | (b)  Significant changes in the services that are eligible | 
| 351 | for reimbursement.  | 
| 352 | (c)  Significant changes in the availability of federal | 
| 353 | funds.  | 
| 354 | (d)  Shortfalls in state funds available for eligible or | 
| 355 | ineligible services.  | 
| 356 | (e)  Significant changes in the mix of available funds.  | 
| 357 | (f)  Scheduled or unanticipated, but necessary, advances to | 
| 358 | providers or other cash-flow issues.  | 
| 359 | (g)  Proposals to participate in optional Medicaid services | 
| 360 | or other federal grant opportunities.  | 
| 361 | (h)  Appropriate incentive structures.  | 
| 362 | (i)  Continuity of care in the event of lead agency | 
| 363 | failure, discontinuance of service, or financial misconduct.  | 
| 364 | 
 | 
| 365 | The department shall further specify the necessary steps to | 
| 366 | ensure the financial integrity of these dollars and their | 
| 367 | continued availability on an ongoing basis. The final proposal | 
| 368 | shall be submitted to the Legislative Budget Commission for | 
| 369 | formal adoption before December 31, 2002. If the Legislative | 
| 370 | Budget Commission refuses to concur with the adoption of the | 
| 371 | proposal, the department shall present its proposal in the form | 
| 372 | of recommended legislation to the President of the Senate and | 
| 373 | the Speaker of the House of Representatives before the | 
| 374 | commencement of the next legislative session. For fiscal year | 
| 375 | 2003-2004 and annually thereafter, the Department of Children | 
| 376 | and Family Services may request in its legislative budget | 
| 377 | request, and the Governor may recommend, the funding necessary | 
| 378 | to carry out paragraph (i) from excess federal earnings. The | 
| 379 | General Appropriations Act shall include any funds appropriated | 
| 380 | for this purpose in a lump sum in the Administered Funds | 
| 381 | Program, which funds constitute partial security for lead agency | 
| 382 | contract performance. The department shall use this | 
| 383 | appropriation to offset the need for a performance bond for that | 
| 384 | year after a comparison of risk to the funds available. In no | 
| 385 | event shall this performance bond exceed 2.5 percent of the | 
| 386 | annual contract value. The department may separately require a | 
| 387 | bond to mitigate the financial consequences of potential acts of | 
| 388 | malfeasance, misfeasance, or criminal violations by the | 
| 389 | provider. Prior to the release of any funds in the lump sum, the | 
| 390 | department shall submit a detailed operational plan, which must | 
| 391 | identify the sources of specific trust funds to be used. The | 
| 392 | release of the trust fund shall be subject to the notice and | 
| 393 | review provisions of s. 216.177. However, the release shall not | 
| 394 | require approval of the Legislative Budget Commission. | 
| 395 | (8)  Notwithstanding the provisions of s. 215.425, all | 
| 396 | documented federal funds earned for the current fiscal year by | 
| 397 | the department and community-based agencies which exceed the | 
| 398 | amount appropriated by the Legislature shall be distributed to | 
| 399 | all entities that contributed to the excess earnings based on a | 
| 400 | schedule and methodology developed by the department and | 
| 401 | approved by the Executive Office of the Governor. Distribution | 
| 402 | shall be pro rata based on total earnings and shall be made only | 
| 403 | to those entities that contributed to excess earnings. Excess | 
| 404 | earnings of community-based agencies shall be used only in the | 
| 405 | service district in which they were earned. Additional state | 
| 406 | funds appropriated by the Legislature for community-based | 
| 407 | agencies or made available pursuant to the budgetary amendment | 
| 408 | process described in s. 216.177 shall be transferred to the | 
| 409 | community-based agencies. The department shall amend a | 
| 410 | community-based agency's contract to permit expenditure of the | 
| 411 | funds. The distribution program applies only to entities that | 
| 412 | were under privatization contracts as of July 1, 2002. | 
| 413 | (10)  The lead community-based providers and their | 
| 414 | subcontractors shall be exempt from state travel policies as set | 
| 415 | forth in s. 112.061(3)(a) for their travel expenses incurred in | 
| 416 | order to comply with the requirements of this section. | 
| 417 | Section 3.  Section 39.0016, Florida Statutes, is created | 
| 418 | to read: | 
| 419 | 39.0016  Education of abused, neglected, and abandoned | 
| 420 | children.-- | 
| 421 | (1)  As used in this section, the term: | 
| 422 | (a)  "Children known to the department" means children who | 
| 423 | are found to be dependent or children in shelter care. | 
| 424 | (b)  "Department" means the Department of Children and | 
| 425 | Family Services or a community-based care lead agency acting on | 
| 426 | behalf of the Department of Children and Family Services, as | 
| 427 | appropriate. | 
| 428 | (2)  The provisions of this section establish goals and not | 
| 429 | rights. This section does not require the delivery of any | 
| 430 | particular service or level of service in excess of existing | 
| 431 | appropriations. A person may not maintain a cause of action | 
| 432 | against the state or any of its subdivisions, agencies, | 
| 433 | contractors, subcontractors, or agents based upon this section | 
| 434 | becoming law or failure by the Legislature to provide adequate | 
| 435 | funding for the achievement of these goals. This section does | 
| 436 | not require the expenditure of funds to meet the goals | 
| 437 | established in this section except funds specifically | 
| 438 | appropriated for such purpose. | 
| 439 | (3)  The department shall enter into an agreement with the | 
| 440 | Department of Education regarding the education and related care | 
| 441 | of children known to the department. Such agreement shall be | 
| 442 | designed to provide educational access to children known to the | 
| 443 | department for the purpose of facilitating the delivery of | 
| 444 | services or programs to children known to the department. The | 
| 445 | agreement shall avoid duplication of services or programs and | 
| 446 | shall provide for combining resources to maximize the | 
| 447 | availability or delivery of services or programs. | 
| 448 | (4)  The department shall enter into agreements with | 
| 449 | district school boards or other local educational entities | 
| 450 | regarding education and related services for children known to | 
| 451 | the department who are of school age and children known to the | 
| 452 | department who are younger than school age but who would | 
| 453 | otherwise qualify for services from the district school board. | 
| 454 | Such agreements shall include, but are not limited to: | 
| 455 | (a)  A requirement that the department shall: | 
| 456 | 1.  Enroll children known to the department in school. The | 
| 457 | agreement shall provide for continuing the enrollment of a child | 
| 458 | known to the department at the same school, if possible, with | 
| 459 | the goal of avoiding disruption of education. | 
| 460 | 2.  Notify the school and school district in which a child | 
| 461 | known to the department is enrolled of the name and phone number | 
| 462 | of the child known to the department caregiver and caseworker | 
| 463 | for child safety purposes. | 
| 464 | 3.  Establish a protocol for the department to share | 
| 465 | information about a child known to the department with the | 
| 466 | school district, consistent with the Family Educational Rights | 
| 467 | and Privacy Act, since the sharing of information will assist | 
| 468 | each agency in obtaining education and related services for the | 
| 469 | benefit of the child. | 
| 470 | 4.  Notify the school district of the department's case | 
| 471 | planning for a child known to the department, both at the time | 
| 472 | of plan development and plan review. Within the plan development | 
| 473 | or review process, the school district may provide information | 
| 474 | regarding the child known to the department if the school | 
| 475 | district deems it desirable and appropriate. | 
| 476 | (b)  A requirement that the district school board shall: | 
| 477 | 1.  Provide the department with a general listing of the | 
| 478 | services and information available from the district school | 
| 479 | board, including, but not limited to, the current Sunshine State | 
| 480 | Standards, the Surrogate Parent Training Manual, and other | 
| 481 | resources accessible through the Department of Education or | 
| 482 | local school districts to facilitate educational access for a | 
| 483 | child known to the department. | 
| 484 | 2.  Identify all educational and other services provided by | 
| 485 | the school and school district which the school district | 
| 486 | believes are reasonably necessary to meet the educational needs | 
| 487 | of a child known to the department. | 
| 488 | 3.  Determine whether transportation is available for a | 
| 489 | child known to the department when such transportation will | 
| 490 | avoid a change in school assignment due to a change in | 
| 491 | residential placement. Recognizing that continued enrollment in | 
| 492 | the same school throughout the time the child known to the | 
| 493 | department is in out-of-home care is preferable unless | 
| 494 | enrollment in the same school would be unsafe or otherwise | 
| 495 | impractical, the department, the district school board, and the | 
| 496 | Department of Education shall assess the availability of | 
| 497 | federal, charitable, or grant funding for such transportation. | 
| 498 | 4.  Provide individualized student intervention or an | 
| 499 | individual educational plan when a determination has been made | 
| 500 | through legally appropriate criteria that intervention services | 
| 501 | are required. The intervention or individual educational plan | 
| 502 | must include strategies to enable the child known to the | 
| 503 | department to maximize the attainment of educational goals. | 
| 504 | (c)  A requirement that the department and the district | 
| 505 | school board shall cooperate in accessing the services and | 
| 506 | supports needed for a child known to the department who has or | 
| 507 | is suspected of having a disability to receive an appropriate | 
| 508 | education consistent with the Individuals with Disabilities | 
| 509 | Education Act and state implementing laws, rules, and | 
| 510 | assurances. Coordination of services for a child known to the | 
| 511 | department who has or is suspected of having a disability may | 
| 512 | include: | 
| 513 | 1.  Referral for screening. | 
| 514 | 2.  Sharing of evaluations between the school district and | 
| 515 | the department where appropriate. | 
| 516 | 3.  Provision of education and related services appropriate | 
| 517 | for the needs and abilities of the child known to the | 
| 518 | department. | 
| 519 | 4.  Coordination of services and plans between the school | 
| 520 | and the residential setting to avoid duplication or conflicting | 
| 521 | service plans. | 
| 522 | 5.  Appointment of a surrogate parent, consistent with the | 
| 523 | Individuals with Disabilities Education Act, for educational | 
| 524 | purposes for a child known to the department who qualifies as | 
| 525 | soon as the child is determined to be dependent and without a | 
| 526 | parent to act for the child. The surrogate parent shall be | 
| 527 | appointed by the school district without regard to where the | 
| 528 | child known to the department is placed so that one surrogate | 
| 529 | parent can follow the education of the child known to the | 
| 530 | department during his or her entire time in state custody. | 
| 531 | 6.  For each child known to the department 14 years of age | 
| 532 | and older, transition planning by the department and all | 
| 533 | providers, including the department's independent living program | 
| 534 | staff, to meet the requirements of the local school district for | 
| 535 | educational purposes. | 
| 536 | (5)  The department shall incorporate an education | 
| 537 | component into all training programs of the department regarding | 
| 538 | children known to the department. Such training shall be | 
| 539 | coordinated with the Department of Education and the local | 
| 540 | school districts. The department shall offer opportunities for | 
| 541 | education personnel to participate in such training. Such | 
| 542 | coordination shall include, but not be limited to, notice of | 
| 543 | training sessions, opportunities to purchase training materials, | 
| 544 | proposals to avoid duplication of services by offering joint | 
| 545 | training, and incorporation of materials available from the | 
| 546 | Department of Education and local school districts into the | 
| 547 | department training when appropriate. The department training | 
| 548 | components shall include: | 
| 549 | (a)  Training for surrogate parents to include how an | 
| 550 | ability to learn of a child known to the department is affected | 
| 551 | by abuse, abandonment, neglect, and removal from the home. | 
| 552 | (b)  Training for parents in cases in which reunification | 
| 553 | is the goal, or for preadoptive parents when adoption is the | 
| 554 | goal, so that such parents learn how to access the services the | 
| 555 | child known to the department needs and the importance of their | 
| 556 | involvement in the education of the child known to the | 
| 557 | department. | 
| 558 | (c)  Training for caseworkers and foster parents to include | 
| 559 | information on the right of the child known to the department to | 
| 560 | an education, the role of an education in the development and | 
| 561 | adjustment of a child known to the department, the proper ways | 
| 562 | to access education and related services for the child known to | 
| 563 | the department, and the importance and strategies for parental | 
| 564 | involvement in education for the success of the child known to | 
| 565 | the department. | 
| 566 | (d)  Training of caseworkers regarding the services and | 
| 567 | information available through the Department of Education and | 
| 568 | local school districts, including, but not limited to, the | 
| 569 | current Sunshine State Standards, the Surrogate Parent Training | 
| 570 | Manual, and other resources accessible through the Department of | 
| 571 | Education or local school districts to facilitate educational | 
| 572 | access for a child known to the department. | 
| 573 | Section 4.  Paragraph (d) of subsection (3) of section | 
| 574 | 1002.22, Florida Statutes, is amended to read: | 
| 575 | 1002.22  Student records and reports; rights of parents and | 
| 576 | students; notification; penalty.-- | 
| 577 | (3)  RIGHTS OF PARENT OR STUDENT.--The parent of any | 
| 578 | student who attends or has attended any public school, area | 
| 579 | technical center, or public postsecondary educational | 
| 580 | institution shall have the following rights with respect to any | 
| 581 | records or reports created, maintained, and used by any public | 
| 582 | educational institution in the state.  However, whenever a | 
| 583 | student has attained 18 years of age, or is attending a | 
| 584 | postsecondary educational institution, the permission or consent | 
| 585 | required of, and the rights accorded to, the parents of the | 
| 586 | student shall thereafter be required of and accorded to the | 
| 587 | student only, unless the student is a dependent student of such | 
| 588 | parents as defined in 26 U.S.C. s. 152 (s. 152 of the Internal | 
| 589 | Revenue Code of 1954). The State Board of Education shall adopt | 
| 590 | rules whereby parents or students may exercise these rights: | 
| 591 | (d)  Right of privacy.--Every student shall have a right of | 
| 592 | privacy with respect to the educational records kept on him or | 
| 593 | her. Personally identifiable records or reports of a student, | 
| 594 | and any personal information contained therein, are confidential | 
| 595 | and exempt from the provisions of s. 119.07(1).  A Nostate or | 
| 596 | local educational agency, board, public school, technical | 
| 597 | center, or public postsecondary educational institution may not | 
| 598 | shallpermit the release of such records, reports, or | 
| 599 | information without the written consent of the student's parent, | 
| 600 | or of the student himself or herself if he or she is qualified | 
| 601 | as provided in this subsection, to any individual, agency, or | 
| 602 | organization.  However, personally identifiable records or | 
| 603 | reports of a student may be released to the following persons or | 
| 604 | organizations without the consent of the student or the | 
| 605 | student's parent: | 
| 606 | 1.  Officials of schools, school systems, technical | 
| 607 | centers, or public postsecondary educational institutions in | 
| 608 | which the student seeks or intends to enroll; and a copy of such | 
| 609 | records or reports shall be furnished to the parent or student | 
| 610 | upon request. | 
| 611 | 2.  Other school officials, including teachers within the | 
| 612 | educational institution or agency, who have legitimate | 
| 613 | educational interests in the information contained in the | 
| 614 | records. | 
| 615 | 3.  The United States Secretary of Education, the Director | 
| 616 | of the National Institute of Education, the Assistant Secretary | 
| 617 | for Education, the Comptroller General of the United States, or | 
| 618 | state or local educational authorities who are authorized to | 
| 619 | receive such information subject to the conditions set forth in | 
| 620 | applicable federal statutes and regulations of the United States | 
| 621 | Department of Education, or in applicable state statutes and | 
| 622 | rules of the State Board of Education. | 
| 623 | 4.  Other school officials, in connection with a student's | 
| 624 | application for or receipt of financial aid. | 
| 625 | 5.  Individuals or organizations conducting studies for or | 
| 626 | on behalf of an institution or a board of education for the | 
| 627 | purpose of developing, validating, or administering predictive | 
| 628 | tests, administering student aid programs, or improving | 
| 629 | instruction, if such studies are conducted in such a manner as | 
| 630 | will not permit the personal identification of students and | 
| 631 | their parents by persons other than representatives of such | 
| 632 | organizations and if such information will be destroyed when no | 
| 633 | longer needed for the purpose of conducting such studies. | 
| 634 | 6.  Accrediting organizations, in order to carry out their | 
| 635 | accrediting functions. | 
| 636 | 7.  School readiness coalitions and the Florida Partnership | 
| 637 | for School Readiness in order to carry out their assigned | 
| 638 | duties. | 
| 639 | 8.  For use as evidence in student expulsion hearings | 
| 640 | conducted by a district school board pursuant to the provisions | 
| 641 | of chapter 120. | 
| 642 | 9.  Appropriate parties in connection with an emergency, if | 
| 643 | knowledge of the information in the student's educational | 
| 644 | records is necessary to protect the health or safety of the | 
| 645 | student or other individuals. | 
| 646 | 10.  The Auditor General and the Office of Program Policy | 
| 647 | Analysis and Government Accountability in connection with their | 
| 648 | official functions; however, except when the collection of | 
| 649 | personally identifiable information is specifically authorized | 
| 650 | by law, any data collected by the Auditor General and the Office | 
| 651 | of Program Policy Analysis and Government Accountability is | 
| 652 | confidential and exempt from the provisions of s. 119.07(1) and | 
| 653 | shall be protected in such a way as will not permit the personal | 
| 654 | identification of students and their parents by other than the | 
| 655 | Auditor General, the Office of Program Policy Analysis and | 
| 656 | Government Accountability, and their staff, and such personally | 
| 657 | identifiable data shall be destroyed when no longer needed for | 
| 658 | the Auditor General's and the Office of Program Policy Analysis | 
| 659 | and Government Accountability's official use. | 
| 660 | 11.a.  A court of competent jurisdiction in compliance with | 
| 661 | an order of that court or the attorney of record pursuant to a | 
| 662 | lawfully issued subpoena, upon the condition that the student | 
| 663 | and the student's parent are notified of the order or subpoena | 
| 664 | in advance of compliance therewith by the educational | 
| 665 | institution or agency. | 
| 666 | b.  A person or entity pursuant to a court of competent | 
| 667 | jurisdiction in compliance with an order of that court or the | 
| 668 | attorney of record pursuant to a lawfully issued subpoena, upon | 
| 669 | the condition that the student, or his or her parent if the | 
| 670 | student is either a minor and not attending a postsecondary | 
| 671 | educational institution or a dependent of such parent as defined | 
| 672 | in 26 U.S.C. s. 152 (s. 152 of the Internal Revenue Code of | 
| 673 | 1954), is notified of the order or subpoena in advance of | 
| 674 | compliance therewith by the educational institution or agency. | 
| 675 | 12.  Credit bureaus, in connection with an agreement for | 
| 676 | financial aid that the student has executed, provided that such | 
| 677 | information may be disclosed only to the extent necessary to | 
| 678 | enforce the terms or conditions of the financial aid agreement. | 
| 679 | Credit bureaus shall not release any information obtained | 
| 680 | pursuant to this paragraph to any person. | 
| 681 | 13.  Parties to an interagency agreement among the | 
| 682 | Department of Juvenile Justice, school and law enforcement | 
| 683 | authorities, and other signatory agencies for the purpose of | 
| 684 | reducing juvenile crime and especially motor vehicle theft by | 
| 685 | promoting cooperation and collaboration, and the sharing of | 
| 686 | appropriate information in a joint effort to improve school | 
| 687 | safety, to reduce truancy and in-school and out-of-school | 
| 688 | suspensions, and to support alternatives to in-school and out- | 
| 689 | of-school suspensions and expulsions that provide structured and | 
| 690 | well-supervised educational programs supplemented by a | 
| 691 | coordinated overlay of other appropriate services designed to | 
| 692 | correct behaviors that lead to truancy, suspensions, and | 
| 693 | expulsions, and that support students in successfully completing | 
| 694 | their education.  Information provided in furtherance of such | 
| 695 | interagency agreements is intended solely for use in determining | 
| 696 | the appropriate programs and services for each juvenile or the | 
| 697 | juvenile's family, or for coordinating the delivery of such | 
| 698 | programs and services, and as such is inadmissible in any court | 
| 699 | proceedings prior to a dispositional hearing unless written | 
| 700 | consent is provided by a parent or other responsible adult on | 
| 701 | behalf of the juvenile. | 
| 702 | 14.  Consistent with the Family Educational Rights and | 
| 703 | Privacy Act, the Department of Children and Family Services or a | 
| 704 | community-based care lead agency acting on behalf of the | 
| 705 | Department of Children and Family Services, as appropriate. | 
| 706 | 
 | 
| 707 | This paragraph does not prohibit any educational institution | 
| 708 | from publishing and releasing to the general public directory | 
| 709 | information relating to a student if the institution elects to | 
| 710 | do so.  However, no educational institution shall release, to | 
| 711 | any individual, agency, or organization that is not listed in | 
| 712 | subparagraphs 1.-14. 1.-13., directory information relating to | 
| 713 | the student body in general or a portion thereof unless it is | 
| 714 | normally published for the purpose of release to the public in | 
| 715 | general.  Any educational institution making directory | 
| 716 | information public shall give public notice of the categories of | 
| 717 | information that it has designated as directory information with | 
| 718 | respect to all students attending the institution and shall | 
| 719 | allow a reasonable period of time after such notice has been | 
| 720 | given for a parent or student to inform the institution in | 
| 721 | writing that any or all of the information designated should not | 
| 722 | be released. | 
| 723 | Section 5.  This act shall take effect July 1, 2004. |