| 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 No state or |
| 596 | local educational agency, board, public school, technical |
| 597 | center, or public postsecondary educational institution may not |
| 598 | shall permit 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. |