HB 769

1	A bill to be entitled
2	An act relating to education for children in shelter care
3	or foster care; creating s. 39.0017, F.S.; providing
4	conditions for court appointment of a surrogate parent for
5	educational decisionmaking for a child who has or is
6	suspected of having a disability; amending s. 39.202,
7	F.S.; providing for access to certain records to liaisons
8	between school districts and the Department of Children
9	and Family Services or the court; amending s. 39.402,
10	F.S.; requiring access to a child's educational records if
11	a child is placed in a shelter; authorizing appointment of
12	a surrogate parent for educational decisionmaking;
13	amending s. 39.701, F.S.; requiring the court and citizen
14	review panel in judicial reviews to consider testimony by
15	a surrogate parent for educational decisionmaking;
16	amending s. 1000.21, F.S.; revising definition of the term
17	"parent" to include a surrogate parent and defining the
18	term "surrogate parent" for purposes of the K-20 Education
19	Code; amending s. 1002.22, F.S.; providing for release of
20	educational records of children placed in shelter care;
21	amending s. 1003.01, F.S.; revising the definition
22	relating to a homeless child for purposes of public K-12
23	education; amending s. 1003.21, F.S.; conforming
24	terminology; providing access to free public education for
25	certain children in foster care and authorizing a
26	temporary exemption relating thereto; amending s. 1003.22,
27	F.S.; conforming terminology; authorizing a temporary
28	exemption from school-entry health examinations for
29	certain children in foster care; creating s. 1003.572,
30	F.S.; requiring a district school board to appoint a
31	surrogate parent for a child who has or is suspected of
32	having a disability under certain circumstances; providing
33	joint responsibility of a district school board and the
34	court; providing qualifications, rights, responsibilities,
35	and immunities for a surrogate parent; providing an
36	effective date.
37
38	Be It Enacted by the Legislature of the State of Florida:
39
40	Section 1.  Section 39.0017, Florida Statutes, is created
41	to read:
42	39.0017  Appointment of surrogate parent for educational
43	decisionmaking.--
44	(1)  Any time that the court determines that no person
45	holds the right to make educational decisions for a child in
46	proceedings under this chapter or that it is in the best
47	interests of a child to remove educational decisionmaking from
48	the parent and finds that the child has or is suspected of
49	having a disability, the court may appoint a surrogate parent
50	for educational decisionmaking for that child.
51	(2)  The court may appoint an adult with the knowledge and
52	skills needed to ensure adequate representation of the child to
53	serve as a surrogate parent. The court may not appoint an
54	employee of the Department of Education, the local school
55	district, a community-based care provider, the Department of
56	Children and Family Services, or any other public or private
57	agency involved in the education or care of the child as
58	appointment of those persons is prohibited by federal law;
59	however, a person who acts in a parental role to a child, such
60	as a foster parent or relative caregiver, is not prohibited from
61	serving as a surrogate parent if employed by such agency. Group
62	home staff and therapeutic foster home parents are deemed
63	employees who are not acting in a parental role for this
64	purpose. The court shall be guided by, but not limited to, the
65	qualifications for a surrogate parent set forth in s. 1003.572.
66	The surrogate parent may be a relative or other adult involved
67	in the child's life regardless of whether that person has
68	custody of the child.
69	(3)  The court must defer to the district school board's
70	appointment of a surrogate parent under s. 1003.572 if such
71	appointment is made prior to the court's appointment of a
72	surrogate parent.
73	(4)  Surrogate parents appointed under this section shall
74	have the same rights, responsibilities, and immunities as set
75	forth in s. 1003.572 and shall be eligible to attend any
76	appropriate training provided by the district school board.
77	Section 2.  Paragraph (p) of subsection (2) of section
78	39.202, Florida Statutes, is amended to read:
79	39.202  Confidentiality of reports and records in cases of
80	child abuse or neglect.--
81	(2)  Except as provided in subsection (4), access to such
82	records, excluding the name of the reporter which shall be
83	released only as provided in subsection (5), shall be granted
84	only to the following persons, officials, and agencies:
85	(p)  An employee of the local school district who is
86	designated as a liaison between the school district and the
87	Department of Children and Family Services or the court and the
88	principal of a public school, private school, or charter school
89	where the child is a student. Information contained in the
90	records which the liaison or the principal determines are
91	necessary for a school employee to effectively provide a student
92	with educational services may be released to that employee.
93	Section 3.  Subsections (12) through (18) of section
94	39.402, Florida Statutes, are renumbered as subsections (13)
95	through (19), respectively, and a new subsection (12) is added
96	to that section to read:
97	39.402  Placement in a shelter.--
98	(12)  If a child is placed in a shelter pursuant to a court
99	order following a shelter hearing, the court shall request that
100	the parents consent to provide access to the child's educational
101	records to the court, the department or its contract agencies,
102	and any guardian ad litem or attorney for the child. Whenever a
103	parent withholds consent and the court determines access to the
104	records is necessary to provide educational or other services to
105	the child, the court shall issue an order granting access to the
106	child's educational records to any of the identified entities or
107	persons. The court shall also make an initial determination as
108	to who holds the right to make educational decisions for the
109	child. The court at the shelter hearing or any subsequent
110	hearing may refer the child to the district school board for
111	appointment of a surrogate parent under s. 1003.572 or may
112	itself appoint a surrogate parent under s. 39.0017.
113	Section 4.  Subsection (8) of section 39.701, Florida
114	Statutes, is amended to read:
115	39.701  Judicial review.--
116	(8)  The court and any citizen review panel shall take into
117	consideration the information contained in the social services
118	study and investigation and all medical, psychological, and
119	educational records that support the terms of the case plan;
120	testimony by the social services agency, the parent, the foster
121	parent or legal custodian, the guardian ad litem or surrogate
122	parent for educational decisionmaking if one has been appointed
123	for the child, and any other person deemed appropriate; and any
124	relevant and material evidence submitted to the court, including
125	written and oral reports to the extent of their probative value.
126	These reports and evidence may be received by the court in its
127	effort to determine the action to be taken with regard to the
128	child and may be relied upon to the extent of their probative
129	value, even though not competent in an adjudicatory hearing. In
130	its deliberations, the court and any citizen review panel shall
131	seek to determine:
132	(a)  If the parent was advised of the right to receive
133	assistance from any person or social service agency in the
134	preparation of the case plan.
135	(b)  If the parent has been advised of the right to have
136	counsel present at the judicial review or citizen review
137	hearings. If not so advised, the court or citizen review panel
138	shall advise the parent of such right.
139	(c)  If a guardian ad litem needs to be appointed for the
140	child in a case in which a guardian ad litem has not previously
141	been appointed or if there is a need to continue a guardian ad
142	litem in a case in which a guardian ad litem has been appointed.
143	(d)  Who holds the rights to make educational decisions for
144	the child. If appropriate, the court may refer the child to the
145	district school board for appointment of a surrogate parent
146	under s. 1003.572 or may itself appoint a surrogate parent under
147	s. 39.0017.
148	(e)(d)  The compliance or lack of compliance of all parties
149	with applicable items of the case plan, including the parents'
150	compliance with child support orders.
151	(f)(e)  The compliance or lack of compliance with a
152	visitation contract between the parent and the social service
153	agency for contact with the child, including the frequency,
154	duration, and results of the parent-child visitation and the
155	reason for any noncompliance.
156	(g)(f)  The compliance or lack of compliance of the parent
157	in meeting specified financial obligations pertaining to the
158	care of the child, including the reason for failure to comply if
159	such is the case.
160	(h)(g)  Whether the child is receiving safe and proper care
161	according to s. 39.6012, including, but not limited to, the
162	appropriateness of the child's current placement, including
163	whether the child is in a setting that is as family-like and as
164	close to the parent's home as possible, consistent with the
165	child's best interests and special needs, and including
166	maintaining stability in the child's educational placement.
167	(i)(h)  A projected date likely for the child's return home
168	or other permanent placement.
169	(j)(i)  When appropriate, the basis for the unwillingness
170	or inability of the parent to become a party to a case plan. The
171	court and the citizen review panel shall determine if the
172	efforts of the social service agency to secure party
173	participation in a case plan were sufficient.
174	(k)(j)  For a child who has reached 13 years of age but is
175	not yet 18 years of age, the adequacy of the child's preparation
176	for adulthood and independent living.
177	(l)(k)  If amendments to the case plan are required.
178	Amendments to the case plan must be made under s. 39.6013.
179	Section 5.  Subsection (5) of section 1000.21, Florida
180	Statutes, is amended, subsection (8) is renumbered as subsection
181	(9), and a new subsection (8) is added to that section, to read:
182	1000.21  Systemwide definitions.--As used in the Florida K-
183	20 Education Code:
184	(5)  "Parent" is either or both parents of a student, any
185	guardian of a student, any person in a parental relationship to
186	a student, or any person exercising supervisory authority over a
187	student in place of the parent. The term "parent" includes a
188	person appointed to serve as a surrogate parent under s.
189	1003.572 or appointed by order of a court with jurisdiction over
190	a child under s. 39.0017.
191	(8)  "Surrogate parent" means an individual appointed to
192	act in the place of a parent in educational decisionmaking and
193	in safeguarding a child's rights under the Individuals with
194	Disabilities Education Act and ss. 1003.572 and 39.0017.
195	Section 6.  Paragraph (d) of subsection (3) of section
196	1002.22, Florida Statutes, is amended to read:
197	1002.22  Student records and reports; rights of parents and
198	students; notification; penalty.--
199	(3)  RIGHTS OF PARENT OR STUDENT.--The parent of any
200	student who attends or has attended any public school, career
201	center, or public postsecondary educational institution shall
202	have the following rights with respect to any records or reports
203	created, maintained, and used by any public educational
204	institution in the state. However, whenever a student has
205	attained 18 years of age, or is attending a postsecondary
206	educational institution, the permission or consent required of,
207	and the rights accorded to, the parents of the student shall
208	thereafter be required of and accorded to the student only,
209	unless the student is a dependent student of such parents as
210	defined in 26 U.S.C. s. 152 (s. 152 of the Internal Revenue Code
211	of 1954). The State Board of Education shall adopt rules whereby
212	parents or students may exercise these rights:
213	(d)  Right of privacy.--Every student has a right of
214	privacy with respect to the educational records kept on him or
215	her. Personally identifiable records or reports of a student,
216	and any personal information contained therein, are confidential
217	and exempt from s. 119.07(1). A state or local educational
218	agency, board, public school, career center, or public
219	postsecondary educational institution may not permit the release
220	of such records, reports, or information without the written
221	consent of the student's parent, or of the student himself or
222	herself if he or she is qualified as provided in this
223	subsection, to any individual, agency, or organization. However,
224	personally identifiable records or reports of a student may be
225	released to the following persons or organizations without the
226	consent of the student or the student's parent:
227	1.  Officials of schools, school systems, career centers,
228	or public postsecondary educational institutions in which the
229	student seeks or intends to enroll; and a copy of such records
230	or reports shall be furnished to the parent or student upon
231	request.
232	2.  Other school officials, including teachers within the
233	educational institution or agency, who have legitimate
234	educational interests in the information contained in the
235	records.
236	3.  The United States Secretary of Education, the Director
237	of the National Institute of Education, the Assistant Secretary
238	for Education, the Comptroller General of the United States, or
239	state or local educational authorities who are authorized to
240	receive such information subject to the conditions set forth in
241	applicable federal statutes and regulations of the United States
242	Department of Education, or in applicable state statutes and
243	rules of the State Board of Education.
244	4.  Other school officials, in connection with a student's
245	application for or receipt of financial aid.
246	5.  Individuals or organizations conducting studies for or
247	on behalf of an institution or a board of education for the
248	purpose of developing, validating, or administering predictive
249	tests, administering student aid programs, or improving
250	instruction, if the studies are conducted in a manner that does
251	not permit the personal identification of students and their
252	parents by persons other than representatives of such
253	organizations and if the information will be destroyed when no
254	longer needed for the purpose of conducting such studies.
255	6.  Accrediting organizations, in order to carry out their
256	accrediting functions.
257	7.  Early learning coalitions and the Agency for Workforce
258	Innovation in order to carry out their assigned duties.
259	8.  For use as evidence in student expulsion hearings
260	conducted by a district school board under chapter 120.
261	9.  Appropriate parties in connection with an emergency, if
262	knowledge of the information in the student's educational
263	records is necessary to protect the health or safety of the
264	student or other individuals.
265	10.  The Auditor General and the Office of Program Policy
266	Analysis and Government Accountability in connection with their
267	official functions; however, except when the collection of
268	personally identifiable information is specifically authorized
269	by law, any data collected by the Auditor General and the Office
270	of Program Policy Analysis and Government Accountability is
271	confidential and exempt from s. 119.07(1) and shall be protected
272	in a way that does not permit the personal identification of
273	students and their parents by other than the Auditor General,
274	the Office of Program Policy Analysis and Government
275	Accountability, and their staff, and the personally identifiable
276	data shall be destroyed when no longer needed for the Auditor
277	General's and the Office of Program Policy Analysis and
278	Government Accountability's official use.
279	11.a.  A court of competent jurisdiction in compliance with
280	an order of that court or the attorney of record in accordance
281	with a lawfully issued subpoena, upon the condition that the
282	student and the student's parent are notified of the order or
283	subpoena in advance of compliance therewith by the educational
284	institution or agency.
285	b.  A person or entity in accordance with a court of
286	competent jurisdiction in compliance with an order of that court
287	or the attorney of record pursuant to a lawfully issued
288	subpoena, upon the condition that the student, or his or her
289	parent if the student is either a minor and not attending a
290	postsecondary educational institution or a dependent of such
291	parent as defined in 26 U.S.C. s. 152 (s. 152 of the Internal
292	Revenue Code of 1954), is notified of the order or subpoena in
293	advance of compliance therewith by the educational institution
294	or agency.
295	12.  Credit bureaus, in connection with an agreement for
296	financial aid that the student has executed, if the information
297	is disclosed only to the extent necessary to enforce the terms
298	or conditions of the financial aid agreement. Credit bureaus
299	shall not release any information obtained under this paragraph
300	to any person.
301	13.  Parties to an interagency agreement among the
302	Department of Juvenile Justice, school and law enforcement
303	authorities, and other signatory agencies for the purpose of
304	reducing juvenile crime and especially motor vehicle theft by
305	promoting cooperation and collaboration, and the sharing of
306	appropriate information in a joint effort to improve school
307	safety, to reduce truancy and in-school and out-of-school
308	suspensions, and to support alternatives to in-school and out-
309	of-school suspensions and expulsions that provide structured and
310	well-supervised educational programs supplemented by a
311	coordinated overlay of other appropriate services designed to
312	correct behaviors that lead to truancy, suspensions, and
313	expulsions, and that support students in successfully completing
314	their education. Information provided in furtherance of the
315	interagency agreements is intended solely for use in determining
316	the appropriate programs and services for each juvenile or the
317	juvenile's family, or for coordinating the delivery of the
318	programs and services, and as such is inadmissible in any court
319	proceedings before a dispositional hearing unless written
320	consent is provided by a parent or other responsible adult on
321	behalf of the juvenile.
322	14.  Consistent with the Family Educational Rights and
323	Privacy Act and applicable to a child placed in shelter care
324	under s. 39.402, the Department of Children and Family Services
325	or a community-based care lead agency acting on behalf of the
326	Department of Children and Family Services, as appropriate.
327
328	This paragraph does not prohibit any educational institution
329	from publishing and releasing to the general public directory
330	information relating to a student if the institution elects to
331	do so. However, no educational institution shall release, to any
332	individual, agency, or organization that is not listed in
333	subparagraphs 1.-14., directory information relating to the
334	student body in general or a portion thereof unless it is
335	normally published for the purpose of release to the public in
336	general. Any educational institution making directory
337	information public shall give public notice of the categories of
338	information that it has designated as directory information for
339	all students attending the institution and shall allow a
340	reasonable period of time after the notice has been given for a
341	parent or student to inform the institution in writing that any
342	or all of the information designated should not be released.
343	Section 7.  Subsection (12) of section 1003.01, Florida
344	Statutes, is amended to read:
345	1003.01  Definitions.--As used in this chapter, the term:
346	(12)  "Child or youth who is experiencing homelessness,"
347	for programs authorized under Subtitle B, Education for Homeless
348	Children and Youth, of Title VII of the McKinney-Vento Homeless
349	Assistance Act, 42 U.S.C. ss. 11431 et seq., means a child or
350	youth who lacks a fixed, regular, and adequate nighttime
351	residence and includes:
352	(a)  A child or youth who is sharing the housing of other
353	persons due to loss of housing, economic hardship, or a similar
354	reason; is living in a motel, hotel, travel trailer park, or
355	camping ground due to the lack of alternative adequate
356	accommodations; is living in an emergency or transitional
357	shelter; is abandoned in a hospital; or is awaiting foster care
358	placement.
359	(b)  A child or youth who has a primary nighttime residence
360	that is a public or private place not designed for or ordinarily
361	used as a regular sleeping accommodation for human beings.
362	(c)  A child or youth who is living in a car, park, public
363	space, abandoned building, bus or train station, or similar
364	setting.
365	(d)  A migratory child or youth who is living in
366	circumstances described in paragraphs (a)-(c). "Homeless child"
367	means:
368	(a)  One who lacks a fixed, regular nighttime residence;
369	(b)  One who has a primary nighttime residence that is:
370	1.  A supervised publicly or privately operated shelter
371	designed to provide temporary living accommodations, including
372	welfare hotels, congregate shelters, and transitional housing
373	for the mentally ill;
374	2.  An institution that provides a temporary residence for
375	individuals intended to be institutionalized; or
376	3.  A public or private place not designed for, or
377	ordinarily used as, a regular sleeping accommodation for human
378	beings; or
379	(c)  One who temporarily resides with an adult other than
380	his or her parent because the parent is suffering financial
381	hardship.
382
383	A child who is imprisoned, detained, or in the custody of the
384	state pursuant to a state or federal law is not a homeless
385	child.
386	Section 8.  Paragraph (f) of subsection (1) and paragraph
387	(g) of subsection (4) of section 1003.21, Florida Statutes, are
388	amended to read:
389	1003.21  School attendance.--
390	(1)
391	(f)  A child or youth who is experiencing homelessness
392	Homeless children, as defined in s. 1003.01, or a child who is
393	in foster care until the time of achieving reunification or a
394	permanent placement must have access to a free public education
395	and must be admitted to school in the school district in which
396	he or she or his or her family lives they or their families
397	live. School districts shall assist such homeless children and
398	youth to meet the requirements of subsection (4) and s. 1003.22,
399	as well as local requirements for documentation.
400	(4)  Before admitting a child to kindergarten, the
401	principal shall require evidence that the child has attained the
402	age at which he or she should be admitted in accordance with the
403	provisions of subparagraph (1)(a)2. The district school
404	superintendent may require evidence of the age of any child whom
405	he or she believes to be within the limits of compulsory
406	attendance as provided for by law. If the first prescribed
407	evidence is not available, the next evidence obtainable in the
408	order set forth below shall be accepted:
409	(g)  If none of these evidences can be produced, an
410	affidavit of age sworn to by the parent, accompanied by a
411	certificate of age signed by a public health officer or by a
412	public school physician, or, if neither of these is available in
413	the county, by a licensed practicing physician designated by the
414	district school board, which certificate states that the health
415	officer or physician has examined the child and believes that
416	the age as stated in the affidavit is substantially correct. A
417	homeless child or youth who is experiencing homelessness, as
418	defined in s. 1003.01, or a child who is in foster care until
419	the time of achieving reunification or a permanent placement
420	shall be given temporary exemption from this section for 30
421	school days.
422	Section 9.  Subsection (1) and paragraph (e) of subsection
423	(5) of section 1003.22, Florida Statutes, are amended to read:
424	1003.22  School-entry health examinations; immunization
425	against communicable diseases; exemptions; duties of Department
426	of Health.--
427	(1)  Each district school board and the governing authority
428	of each private school shall require that each child who is
429	entitled to admittance to kindergarten, or is entitled to any
430	other initial entrance into a public or private school in this
431	state, present a certification of a school-entry health
432	examination performed within 1 year prior to enrollment in
433	school. Each district school board, and the governing authority
434	of each private school, may establish a policy that permits a
435	student up to 30 school days to present a certification of a
436	school-entry health examination. A homeless child or youth who
437	is experiencing homelessness, as defined in s. 1003.01, or a
438	child who is in foster care until the time of achieving
439	reunification or a permanent placement shall be given a
440	temporary exemption for 30 school days. Any district school
441	board that establishes such a policy shall include provisions in
442	its local school health services plan to assist students in
443	obtaining the health examinations. However, any child shall be
444	exempt from the requirement of a health examination upon written
445	request of the parent of the child stating objections to the
446	examination on religious grounds.
447	(5)  The provisions of this section shall not apply if:
448	(e)  An authorized school official issues a temporary
449	exemption, for a period not to exceed 30 school days, to permit
450	a student who transfers into a new county to attend class until
451	his or her records can be obtained. A homeless child or youth
452	who is experiencing homelessness, as defined in s. 1003.01, or a
453	child who is in foster care until the time of achieving
454	reunification or a permanent placement shall be given a
455	temporary exemption for 30 school days. The public school health
456	nurse or authorized private school official is responsible for
457	followup of each such student until proper documentation or
458	immunizations are obtained. An exemption for 30 days may be
459	issued for a student who enters a juvenile justice program to
460	permit the student to attend class until his or her records can
461	be obtained or until the immunizations can be obtained. An
462	authorized juvenile justice official is responsible for followup
463	of each student who enters a juvenile justice program until
464	proper documentation or immunizations are obtained.
465	Section 10.  Section 1003.572, Florida Statutes, is created
466	to read:
467	1003.572  Appointment of surrogate parent.--
468	(1)  Each district school board must appoint a surrogate
469	parent for a child who has or is suspected of having a
470	disability when:
471	(a)  After reasonable efforts, no parent can be located; or
472	(b)  A court of competent jurisdiction over the child under
473	chapter 39 has determined that no person has the authority to
474	serve as the educational decisionmaker for the child.
475
476	The district school board must appoint the surrogate parent
477	within 30 days after notice that the child meets the criteria in
478	paragraph (a) or paragraph (b).
479	(2)  For a child in shelter care or with dependency status,
480	the responsibility to appoint a surrogate parent resides with
481	both the district school board and the court with jurisdiction
482	over the child. The district school board must defer to the
483	court's appointment of a surrogate parent under s. 39.0017 if
484	such appointment is made prior to the district school board's
485	appointment of a surrogate parent.
486	(3)  Qualifications for a surrogate parent are as follows:
487	(a)  A surrogate parent must be 18 years of age or older.
488	(b)  A surrogate parent must have no personal or
489	professional interests that conflict with the interests of the
490	child.
491	(c)  A guardian ad litem may serve as a surrogate parent.
492	(d)  A person may not serve as a surrogate parent if he or
493	she is an employee of the Department of Education, the local
494	school district, a community-based care provider, the Department
495	of Children and Family Services, or any other public or private
496	agency involved in the education or care of the child; however,
497	a person who acts in a parental role to a child, such as a
498	foster parent or relative caregiver, is not prohibited from
499	serving as a surrogate parent if employed by such agency. Group
500	home staff and therapeutic foster home parents are deemed
501	employees who are not acting in a parental role for this
502	purpose.
503	(e)  A person who is appointed as a surrogate parent is not
504	an employee of an agency solely because he or she is paid by the
505	agency to serve as a surrogate parent
506	(f)  A surrogate parent must complete training provided or
507	approved by the district school board to ensure that he or she
508	has the knowledge and skills to adequately represent the child.
509	(4)  Rights, responsibilities, and immunities of a
510	surrogate parent are as follows:
511	(a)  A surrogate parent is entitled to all of the rights
512	afforded to a parent under this chapter.
513	(b)  A surrogate parent is responsible for assisting the
514	child's school with the identification, evaluation, and
515	educational placement of the child in order to obtain a free
516	appropriate education for the child.
517	(c)  A person appointed as a surrogate parent who
518	participates in proceedings related to the child's education
519	shall be presumed prima facie to be acting in good faith and, in
520	doing so, shall be immune from any civil or criminal liability
521	that otherwise might be incurred or imposed.
522	Section 11.  This act shall take effect July 1, 2008.

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