| 1 | A bill to be entitled |
| 2 | An act relating to education for children in shelter care |
| 3 | or foster care; amending s. 39.0016, F.S.; defining the |
| 4 | term "surrogate parent"; providing conditions for district |
| 5 | school board or court appointment of a surrogate parent |
| 6 | for educational decisionmaking for a child who has or is |
| 7 | suspected of having a disability; amending s. 39.202, |
| 8 | F.S.; providing for access to certain records to liaisons |
| 9 | between school districts and the Department of Children |
| 10 | and Family Services; amending s. 39.402, F.S.; requiring |
| 11 | access to a child's medical records and educational |
| 12 | records if a child is placed in a shelter; amending s. |
| 13 | 39.701, F.S.; requiring the court and citizen review panel |
| 14 | in judicial reviews to consider testimony by a surrogate |
| 15 | parent for educational decisionmaking; amending s. |
| 16 | 1000.21, F.S.; defining the term "surrogate parent" for |
| 17 | purposes of the K-20 Education Code; amending s. 1003.21, |
| 18 | F.S.; providing access to free public education for |
| 19 | children known to the department; authorizing a temporary |
| 20 | exemption relating to school attendance; amending s. |
| 21 | 1003.22, F.S.; authorizing a temporary exemption from |
| 22 | school-entry health examinations for children known to the |
| 23 | department; creating s. 1003.572, F.S.; requiring a |
| 24 | district school board to appoint a surrogate parent for a |
| 25 | child who has or is suspected of having a disability under |
| 26 | certain circumstances; providing joint responsibility of a |
| 27 | district school board and the court; providing |
| 28 | qualifications, responsibilities, and immunities for a |
| 29 | surrogate parent; providing an effective date. |
| 30 |
|
| 31 | Be It Enacted by the Legislature of the State of Florida: |
| 32 |
|
| 33 | Section 1. Section 39.0016, Florida Statutes, is amended |
| 34 | to read: |
| 35 | 39.0016 Education of abused, neglected, and abandoned |
| 36 | children; agency agreements; children having or suspected of |
| 37 | having a disability.-- |
| 38 | (1) DEFINITIONS.--As used in this section, the term: |
| 39 | (a) "Children known to the department" means children who |
| 40 | are found to be dependent or children in shelter care. |
| 41 | (b) "Department" means the Department of Children and |
| 42 | Family Services or a community-based care lead agency acting on |
| 43 | behalf of the Department of Children and Family Services, as |
| 44 | appropriate. |
| 45 | (c) "Surrogate parent" means an individual appointed to |
| 46 | act in the place of a parent in educational decisionmaking and |
| 47 | in safeguarding a child's rights under the Individuals with |
| 48 | Disabilities Education Act, this section, and s. 1003.572. |
| 49 | (2) AGENCY AGREEMENTS.-- |
| 50 | (a)(3) The department shall enter into an agreement with |
| 51 | the Department of Education regarding the education and related |
| 52 | care of children known to the department. Such agreement shall |
| 53 | be designed to provide educational access to children known to |
| 54 | the department for the purpose of facilitating the delivery of |
| 55 | services or programs to children known to the department. The |
| 56 | agreement shall avoid duplication of services or programs and |
| 57 | shall provide for combining resources to maximize the |
| 58 | availability or delivery of services or programs. |
| 59 | (b)(4) The department shall enter into agreements with |
| 60 | district school boards or other local educational entities |
| 61 | regarding education and related services for children known to |
| 62 | the department who are of school age and children known to the |
| 63 | department who are younger than school age but who would |
| 64 | otherwise qualify for services from the district school board. |
| 65 | Such agreements shall include, but are not limited to: |
| 66 | 1.(a) A requirement that the department shall: |
| 67 | a.1. Enroll children known to the department in school. |
| 68 | The agreement shall provide for continuing the enrollment of a |
| 69 | child known to the department at the same school, if possible, |
| 70 | with the goal of avoiding disruption of education. |
| 71 | b.2. Notify the school and school district in which a |
| 72 | child known to the department is enrolled of the name and phone |
| 73 | number of the child known to the department caregiver and |
| 74 | caseworker for child safety purposes. |
| 75 | c.3. Establish a protocol for the department to share |
| 76 | information about a child known to the department with the |
| 77 | school district, consistent with the Family Educational Rights |
| 78 | and Privacy Act, since the sharing of information will assist |
| 79 | each agency in obtaining education and related services for the |
| 80 | benefit of the child. |
| 81 | d.4. Notify the school district of the department's case |
| 82 | planning for a child known to the department, both at the time |
| 83 | of plan development and plan review. Within the plan development |
| 84 | or review process, the school district may provide information |
| 85 | regarding the child known to the department if the school |
| 86 | district deems it desirable and appropriate. |
| 87 | 2.(b) A requirement that the district school board shall: |
| 88 | a.1. Provide the department with a general listing of the |
| 89 | services and information available from the district school |
| 90 | board, including, but not limited to, the current Sunshine State |
| 91 | Standards, the Surrogate Parent Training Manual, and other |
| 92 | resources accessible through the Department of Education or |
| 93 | local school districts to facilitate educational access for a |
| 94 | child known to the department. |
| 95 | b.2. Identify all educational and other services provided |
| 96 | by the school and school district which the school district |
| 97 | believes are reasonably necessary to meet the educational needs |
| 98 | of a child known to the department. |
| 99 | c.3. Determine whether transportation is available for a |
| 100 | child known to the department when such transportation will |
| 101 | avoid a change in school assignment due to a change in |
| 102 | residential placement. Recognizing that continued enrollment in |
| 103 | the same school throughout the time the child known to the |
| 104 | department is in out-of-home care is preferable unless |
| 105 | enrollment in the same school would be unsafe or otherwise |
| 106 | impractical, the department, the district school board, and the |
| 107 | Department of Education shall assess the availability of |
| 108 | federal, charitable, or grant funding for such transportation. |
| 109 | d.4. Provide individualized student intervention or an |
| 110 | individual educational plan when a determination has been made |
| 111 | through legally appropriate criteria that intervention services |
| 112 | are required. The intervention or individual educational plan |
| 113 | must include strategies to enable the child known to the |
| 114 | department to maximize the attainment of educational goals. |
| 115 | 3.(c) A requirement that the department and the district |
| 116 | school board shall cooperate in accessing the services and |
| 117 | supports needed for a child known to the department who has or |
| 118 | is suspected of having a disability to receive an appropriate |
| 119 | education consistent with the Individuals with Disabilities |
| 120 | Education Act and state implementing laws, rules, and |
| 121 | assurances. Coordination of services for a child known to the |
| 122 | department who has or is suspected of having a disability may |
| 123 | include: |
| 124 | a.1. Referral for screening. |
| 125 | b.2. Sharing of evaluations between the school district |
| 126 | and the department where appropriate. |
| 127 | c.3. Provision of education and related services |
| 128 | appropriate for the needs and abilities of the child known to |
| 129 | the department. |
| 130 | d.4. Coordination of services and plans between the school |
| 131 | and the residential setting to avoid duplication or conflicting |
| 132 | service plans. |
| 133 | e.5. Appointment of a surrogate parent, consistent with |
| 134 | the Individuals with Disabilities Education Act and pursuant to |
| 135 | subsection (3) and s. 1003.572, for educational purposes for a |
| 136 | child known to the department who qualifies as soon as the child |
| 137 | is determined to be dependent and without a parent to act for |
| 138 | the child. The surrogate parent shall be appointed by the school |
| 139 | district without regard to where the child known to the |
| 140 | department is placed so that one surrogate parent can follow the |
| 141 | education of the child known to the department during his or her |
| 142 | entire time in state custody. |
| 143 | f.6. For each child known to the department 14 years of |
| 144 | age and older, transition planning by the department and all |
| 145 | providers, including the department's independent living program |
| 146 | staff, to meet the requirements of the local school district for |
| 147 | educational purposes. |
| 148 | (c)(2) The provisions of this subsection section establish |
| 149 | standards goals and not rights. This subsection section does not |
| 150 | require the delivery of any particular service or level of |
| 151 | service in excess of existing appropriations. A person may not |
| 152 | maintain a cause of action against the state or any of its |
| 153 | subdivisions, agencies, contractors, subcontractors, or agents |
| 154 | based upon this subsection section becoming law or failure by |
| 155 | the Legislature to provide adequate funding for the achievement |
| 156 | of these standards goals. This subsection section does not |
| 157 | require the expenditure of funds to meet the standards goals |
| 158 | established in this subsection section except funds specifically |
| 159 | appropriated for such purpose. |
| 160 | (3) CHILDREN HAVING OR SUSPECTED OF HAVING A DISABILITY.-- |
| 161 | (a)1. The Legislature finds that disability is a natural |
| 162 | part of the human experience and in no way diminishes the right |
| 163 | of individuals to participate in or contribute to society. |
| 164 | Improving educational results for children with disabilities is |
| 165 | an essential element of our public policy of ensuring equality |
| 166 | of opportunity, full participation, independent living, and |
| 167 | economic self-sufficiency for individuals with disabilities. |
| 168 | 2. The Legislature also finds that research and experience |
| 169 | have shown that the education of children with disabilities can |
| 170 | be made more effective by: |
| 171 | a. Having high expectations for these children and |
| 172 | ensuring their access to the general education curriculum in the |
| 173 | regular classroom, to the maximum extent possible. |
| 174 | b. Providing appropriate special education and related |
| 175 | services, and aids and supports in the regular classroom, to |
| 176 | these children, whenever appropriate. |
| 177 | c. Having a trained, interested, and consistent |
| 178 | educational decisionmaker for the child when the parent is |
| 179 | legally unavailable or when the foster parent is unwilling or |
| 180 | not trained in the exceptional student education process. |
| 181 | 3. It is, therefore, the intent of the Legislature that |
| 182 | all children with disabilities known to the department, |
| 183 | consistent with the Individuals with Disabilities Education Act |
| 184 | and s. 1003.572, have available to them a free, appropriate |
| 185 | public education that emphasizes special education and related |
| 186 | services designed to meet their unique needs and prepare them |
| 187 | for further education, employment, and independent living and |
| 188 | that the rights of children with disabilities are protected. |
| 189 | (b)1. Each district school board must appoint a surrogate |
| 190 | parent under s. 1003.572 for a child known to the department who |
| 191 | has or is suspected of having a disability, as defined in s. |
| 192 | 1003.01(3), when: |
| 193 | a. After reasonable efforts, no parent can be located; or |
| 194 | b. A court of competent jurisdiction over a child under |
| 195 | this chapter has determined that no person has the authority, |
| 196 | willingness, or ability to serve as the educational |
| 197 | decisionmaker for the child. |
| 198 | 2. The district school board must appoint a surrogate |
| 199 | parent within 30 days after notice that the child meets the |
| 200 | criteria in this paragraph. |
| 201 | 3. A surrogate parent must be appointed by the district |
| 202 | school board without regard to where the child is placed so that |
| 203 | one surrogate parent can follow the education of the child |
| 204 | during his or her entire time in state custody. |
| 205 | 4. For a child known to the department, the responsibility |
| 206 | to appoint a surrogate parent resides with both the district |
| 207 | school board and the court with jurisdiction over the child; |
| 208 | however, the court may defer to the district school board's |
| 209 | appointment of a surrogate parent under s. 1003.572 if such |
| 210 | appointment is made prior to the court's appointment of a |
| 211 | surrogate parent. At any time that the court determines that it |
| 212 | is in the best interests of a child to remove a surrogate |
| 213 | parent, the court may appoint a new surrogate parent for |
| 214 | educational decisionmaking purposes for that child. |
| 215 | (4)(5) TRAINING.--The department shall incorporate an |
| 216 | education component into all training programs of the department |
| 217 | regarding children known to the department. Such training shall |
| 218 | be coordinated with the Department of Education and the local |
| 219 | school districts. The department shall offer opportunities for |
| 220 | education personnel to participate in such training. Such |
| 221 | coordination shall include, but not be limited to, notice of |
| 222 | training sessions, opportunities to purchase training materials, |
| 223 | proposals to avoid duplication of services by offering joint |
| 224 | training, and incorporation of materials available from the |
| 225 | Department of Education and local school districts into the |
| 226 | department training when appropriate. The department training |
| 227 | components shall include: |
| 228 | (a) Training for surrogate parents to include how an |
| 229 | ability to learn of a child known to the department is affected |
| 230 | by abuse, abandonment, neglect, and removal from the home. |
| 231 | (b) Training for parents in cases in which reunification |
| 232 | is the goal, or for preadoptive parents when adoption is the |
| 233 | goal, so that such parents learn how to access the services the |
| 234 | child known to the department needs and the importance of their |
| 235 | involvement in the education of the child known to the |
| 236 | department. |
| 237 | (c) Training for caseworkers and foster parents to include |
| 238 | information on the right of the child known to the department to |
| 239 | an education, the role of an education in the development and |
| 240 | adjustment of a child known to the department, the proper ways |
| 241 | to access education and related services for the child known to |
| 242 | the department, and the importance and strategies for parental |
| 243 | involvement in education for the success of the child known to |
| 244 | the department. |
| 245 | (d) Training of caseworkers regarding the services and |
| 246 | information available through the Department of Education and |
| 247 | local school districts, including, but not limited to, the |
| 248 | current Sunshine State Standards, the Surrogate Parent Training |
| 249 | Manual, and other resources accessible through the Department of |
| 250 | Education or local school districts to facilitate educational |
| 251 | access for a child known to the department. |
| 252 | Section 2. Paragraph (p) of subsection (2) of section |
| 253 | 39.202, Florida Statutes, is amended to read: |
| 254 | 39.202 Confidentiality of reports and records in cases of |
| 255 | child abuse or neglect.-- |
| 256 | (2) Except as provided in subsection (4), access to such |
| 257 | records, excluding the name of the reporter which shall be |
| 258 | released only as provided in subsection (5), shall be granted |
| 259 | only to the following persons, officials, and agencies: |
| 260 | (p) An employee of the local school district who is |
| 261 | designated as a liaison between the school district and the |
| 262 | department pursuant to an interagency agreement required under |
| 263 | s. 39.0016 and the principal of a public school, private school, |
| 264 | or charter school where the child is a student. Information |
| 265 | contained in the records which the liaison or the principal |
| 266 | determines are necessary for a school employee to effectively |
| 267 | provide a student with educational services may be released to |
| 268 | that employee. |
| 269 | Section 3. Subsections (11) of section 39.402, Florida |
| 270 | Statutes, is amended to read: |
| 271 | 39.402 Placement in a shelter.-- |
| 272 | (11)(a) If a child is placed in a shelter pursuant to a |
| 273 | court order following a shelter hearing, the court shall require |
| 274 | in the shelter hearing order that the parents of the child, or |
| 275 | the guardian of the child's estate, if possessed of assets which |
| 276 | under law may be disbursed for the care, support, and |
| 277 | maintenance of the child, to pay, to the department or |
| 278 | institution having custody of the child, fees as established by |
| 279 | the department. When the order affects the guardianship estate, |
| 280 | a certified copy of the order shall be delivered to the judge |
| 281 | having jurisdiction of the guardianship estate. The shelter |
| 282 | order shall also require the parents to provide to the |
| 283 | department and any other state agency or party designated by the |
| 284 | court, within 28 days after entry of the shelter order, the |
| 285 | financial information necessary to accurately calculate child |
| 286 | support pursuant to s. 61.30. |
| 287 | (b) The court shall request that the parents consent to |
| 288 | provide access to the child's medical records and provide |
| 289 | information to the court, the department or its contract |
| 290 | agencies, and any guardian ad litem or attorney for the child. |
| 291 | If a parent is unavailable or unable to consent or withholds |
| 292 | consent and the court determines access to the records and |
| 293 | information is necessary to provide services to the child, the |
| 294 | court shall issue an order granting access. The parent or legal |
| 295 | guardian shall provide all known medical information to the |
| 296 | department. |
| 297 | (c) The court shall request that the parents consent to |
| 298 | provide access to the child's educational records and provide |
| 299 | information to the court, the department or its contract |
| 300 | agencies, and any guardian ad litem or attorney for the child. |
| 301 | If a parent is unavailable or unable to consent or withholds |
| 302 | consent and the court determines access to the records and |
| 303 | information is necessary to provide services to the child, the |
| 304 | court shall issue an order granting access. The court may |
| 305 | appoint a surrogate parent under s. 1003.572 or may refer the |
| 306 | child to the district school board for appointment of a |
| 307 | surrogate parent. |
| 308 | Section 4. Subsection (8) of section 39.701, Florida |
| 309 | Statutes, is amended to read: |
| 310 | 39.701 Judicial review.-- |
| 311 | (8) The court and any citizen review panel shall take into |
| 312 | consideration the information contained in the social services |
| 313 | study and investigation and all medical, psychological, and |
| 314 | educational records that support the terms of the case plan; |
| 315 | testimony by the social services agency, the parent, the foster |
| 316 | parent or legal custodian, the guardian ad litem or surrogate |
| 317 | parent for educational decisionmaking if one has been appointed |
| 318 | for the child, and any other person deemed appropriate; and any |
| 319 | relevant and material evidence submitted to the court, including |
| 320 | written and oral reports to the extent of their probative value. |
| 321 | These reports and evidence may be received by the court in its |
| 322 | effort to determine the action to be taken with regard to the |
| 323 | child and may be relied upon to the extent of their probative |
| 324 | value, even though not competent in an adjudicatory hearing. In |
| 325 | its deliberations, the court and any citizen review panel shall |
| 326 | seek to determine: |
| 327 | (a) If the parent was advised of the right to receive |
| 328 | assistance from any person or social service agency in the |
| 329 | preparation of the case plan. |
| 330 | (b) If the parent has been advised of the right to have |
| 331 | counsel present at the judicial review or citizen review |
| 332 | hearings. If not so advised, the court or citizen review panel |
| 333 | shall advise the parent of such right. |
| 334 | (c) If a guardian ad litem needs to be appointed for the |
| 335 | child in a case in which a guardian ad litem has not previously |
| 336 | been appointed or if there is a need to continue a guardian ad |
| 337 | litem in a case in which a guardian ad litem has been appointed. |
| 338 | (d) If a surrogate parent has been appointed for a child |
| 339 | who qualifies under s. 1003.572. |
| 340 | (e)(d) The compliance or lack of compliance of all parties |
| 341 | with applicable items of the case plan, including the parents' |
| 342 | compliance with child support orders. |
| 343 | (f)(e) The compliance or lack of compliance with a |
| 344 | visitation contract between the parent and the social service |
| 345 | agency for contact with the child, including the frequency, |
| 346 | duration, and results of the parent-child visitation and the |
| 347 | reason for any noncompliance. |
| 348 | (g)(f) The compliance or lack of compliance of the parent |
| 349 | in meeting specified financial obligations pertaining to the |
| 350 | care of the child, including the reason for failure to comply if |
| 351 | such is the case. |
| 352 | (h)(g) Whether the child is receiving safe and proper care |
| 353 | according to s. 39.6012, including, but not limited to, the |
| 354 | appropriateness of the child's current placement, including |
| 355 | whether the child is in a setting that is as family-like and as |
| 356 | close to the parent's home as possible, consistent with the |
| 357 | child's best interests and special needs, and including |
| 358 | maintaining stability in the child's educational placement. |
| 359 | (i)(h) A projected date likely for the child's return home |
| 360 | or other permanent placement. |
| 361 | (j)(i) When appropriate, the basis for the unwillingness |
| 362 | or inability of the parent to become a party to a case plan. The |
| 363 | court and the citizen review panel shall determine if the |
| 364 | efforts of the social service agency to secure party |
| 365 | participation in a case plan were sufficient. |
| 366 | (k)(j) For a child who has reached 13 years of age but is |
| 367 | not yet 18 years of age, the adequacy of the child's preparation |
| 368 | for adulthood and independent living. |
| 369 | (l)(k) If amendments to the case plan are required. |
| 370 | Amendments to the case plan must be made under s. 39.6013. |
| 371 | Section 5. Subsection (8) of section 1000.21, Florida |
| 372 | Statutes, is renumbered as subsection (9), and a new subsection |
| 373 | (8) is added to that section to read: |
| 374 | 1000.21 Systemwide definitions.--As used in the Florida K- |
| 375 | 20 Education Code: |
| 376 | (8) "Surrogate parent" means an individual appointed to |
| 377 | act in the place of a parent in educational decisionmaking and |
| 378 | in safeguarding a child's rights under the Individuals with |
| 379 | Disabilities Education Act and ss. 39.0016 and 1003.572. |
| 380 | Section 6. Paragraph (f) of subsection (1) and paragraph |
| 381 | (g) of subsection (4) of section 1003.21, Florida Statutes, are |
| 382 | amended to read: |
| 383 | 1003.21 School attendance.-- |
| 384 | (1) |
| 385 | (f) Homeless children, as defined in s. 1003.01, and |
| 386 | children who are known to the department, as defined in s. |
| 387 | 39.0016, must have access to a free public education and must be |
| 388 | admitted to school in the school district in which they or their |
| 389 | families live. School districts shall assist homeless children |
| 390 | and children who are known to the department to meet the |
| 391 | requirements of subsection (4) and s. 1003.22, as well as local |
| 392 | requirements for documentation. |
| 393 | (4) Before admitting a child to kindergarten, the |
| 394 | principal shall require evidence that the child has attained the |
| 395 | age at which he or she should be admitted in accordance with the |
| 396 | provisions of subparagraph (1)(a)2. The district school |
| 397 | superintendent may require evidence of the age of any child whom |
| 398 | he or she believes to be within the limits of compulsory |
| 399 | attendance as provided for by law. If the first prescribed |
| 400 | evidence is not available, the next evidence obtainable in the |
| 401 | order set forth below shall be accepted: |
| 402 | (g) If none of these evidences can be produced, an |
| 403 | affidavit of age sworn to by the parent, accompanied by a |
| 404 | certificate of age signed by a public health officer or by a |
| 405 | public school physician, or, if neither of these is available in |
| 406 | the county, by a licensed practicing physician designated by the |
| 407 | district school board, which certificate states that the health |
| 408 | officer or physician has examined the child and believes that |
| 409 | the age as stated in the affidavit is substantially correct. A |
| 410 | homeless child, as defined in s. 1003.01, and a child who is |
| 411 | known to the department, as defined in s. 39.0016, shall be |
| 412 | given temporary exemption from this section for 30 school days. |
| 413 | Section 7. Subsection (1) and paragraph (e) of subsection |
| 414 | (5) of section 1003.22, Florida Statutes, are amended to read: |
| 415 | 1003.22 School-entry health examinations; immunization |
| 416 | against communicable diseases; exemptions; duties of Department |
| 417 | of Health.-- |
| 418 | (1) Each district school board and the governing authority |
| 419 | of each private school shall require that each child who is |
| 420 | entitled to admittance to kindergarten, or is entitled to any |
| 421 | other initial entrance into a public or private school in this |
| 422 | state, present a certification of a school-entry health |
| 423 | examination performed within 1 year prior to enrollment in |
| 424 | school. Each district school board, and the governing authority |
| 425 | of each private school, may establish a policy that permits a |
| 426 | student up to 30 school days to present a certification of a |
| 427 | school-entry health examination. A homeless child, as defined in |
| 428 | s. 1003.01, and a child who is known to the department, as |
| 429 | defined in s. 39.0016, shall be given a temporary exemption for |
| 430 | 30 school days. Any district school board that establishes such |
| 431 | a policy shall include provisions in its local school health |
| 432 | services plan to assist students in obtaining the health |
| 433 | examinations. However, any child shall be exempt from the |
| 434 | requirement of a health examination upon written request of the |
| 435 | parent of the child stating objections to the examination on |
| 436 | religious grounds. |
| 437 | (5) The provisions of this section shall not apply if: |
| 438 | (e) An authorized school official issues a temporary |
| 439 | exemption, for a period not to exceed 30 school days, to permit |
| 440 | a student who transfers into a new county to attend class until |
| 441 | his or her records can be obtained. A homeless child, as defined |
| 442 | in s. 1003.01, and a child who is known to the department, as |
| 443 | defined in s. 39.0016, shall be given a temporary exemption for |
| 444 | 30 school days. The public school health nurse or authorized |
| 445 | private school official is responsible for followup of each such |
| 446 | student until proper documentation or immunizations are |
| 447 | obtained. An exemption for 30 days may be issued for a student |
| 448 | who enters a juvenile justice program to permit the student to |
| 449 | attend class until his or her records can be obtained or until |
| 450 | the immunizations can be obtained. An authorized juvenile |
| 451 | justice official is responsible for followup of each student who |
| 452 | enters a juvenile justice program until proper documentation or |
| 453 | immunizations are obtained. |
| 454 | Section 8. Section 1003.572, Florida Statutes, is created |
| 455 | to read: |
| 456 | 1003.572 Appointment of surrogate parent.-- |
| 457 | (1) Each district school board must appoint a surrogate |
| 458 | parent for a child known to the department, as defined in s. |
| 459 | 39.0016, who has or is suspected of having a disability when: |
| 460 | (a) After reasonable efforts, no parent can be located; or |
| 461 | (b) A court of competent jurisdiction over the child under |
| 462 | chapter 39 has determined that no person has the authority, |
| 463 | willingness, or ability to serve as the educational |
| 464 | decisionmaker for the child. |
| 465 | (2) The district school board must appoint the surrogate |
| 466 | parent within 30 days after notice that the child meets the |
| 467 | criteria in subsection (1). |
| 468 | (3) A surrogate parent must be appointed by the district |
| 469 | school board without regard to where the child is placed so that |
| 470 | one surrogate parent can follow the education of the child |
| 471 | during his or her entire time in state custody. |
| 472 | (4) For a child known to the department, as defined in s. |
| 473 | 39.0016, the responsibility to appoint a surrogate parent |
| 474 | resides with both the district school board and the court with |
| 475 | jurisdiction over the child. The district school board may defer |
| 476 | to the court's appointment of a surrogate parent under s. |
| 477 | 39.0016. |
| 478 | (5) An individual qualified to be appointed as a surrogate |
| 479 | parent must: |
| 480 | (a) Be 18 years of age or older. |
| 481 | (b) Have the knowledge, skills, and experience gained |
| 482 | through successfully completing training using training |
| 483 | materials developed and approved by the Division of Public |
| 484 | Schools of the department or comparable knowledge, training, or |
| 485 | experience needed to ensure adequate representation of the |
| 486 | child. |
| 487 | (c) Have no personal or professional interests that |
| 488 | conflict with the interests of the child. |
| 489 | (d) Not be an employee of the department, the district |
| 490 | school board, a community-based care provider under s. 409.1671, |
| 491 | the Department of Children and Family Services, or any other |
| 492 | public or private agency involved in the education or care of |
| 493 | the child. However: |
| 494 | 1. An individual who acts in a parental role to a child, |
| 495 | such as a foster parent or relative caregiver, is not prohibited |
| 496 | from serving as a surrogate parent if he or she is employed by |
| 497 | such agency in a role not related to the child's care or |
| 498 | custody. |
| 499 | 2. Group home staff and therapeutic foster home parents |
| 500 | are deemed employees who are not acting in a parental role for |
| 501 | this purpose. |
| 502 | 3. A person who is appointed as a surrogate parent is not |
| 503 | an employee of an agency solely because he or she is paid by the |
| 504 | agency to serve as a surrogate parent. |
| 505 | 4. A guardian ad litem may serve as a surrogate parent. |
| 506 | 5. A relative or other adult involved in the child's life, |
| 507 | regardless of whether or not that person has custody of the |
| 508 | child, may serve as a surrogate parent. |
| 509 | (6) An individual appointed as a surrogate parent shall: |
| 510 | (a) Become acquainted with the child and be knowledgeable |
| 511 | about his or her handicapping condition and educational needs. |
| 512 | (b) Represent the child in all matters relating to the |
| 513 | identification, evaluation, and educational placement of the |
| 514 | child. |
| 515 | (c) Represent the interests and safeguard the rights of |
| 516 | the child in educational decisions that affect the child. |
| 517 | (d) Represent the child in all matters relating to the |
| 518 | provision of a free, appropriate public education for the child. |
| 519 | (7) The responsibilities of an individual appointed as a |
| 520 | surrogate parent shall not extend to: |
| 521 | (a) The care, maintenance, custody, residential placement, |
| 522 | or any other area not specifically related to the education of |
| 523 | the child; or |
| 524 | (b) The identification or evaluation of the child that |
| 525 | does not relate specifically to special education. |
| 526 | (8) An individual appointed as a surrogate parent shall |
| 527 | not be held liable for actions taken in good faith on behalf of |
| 528 | the child in protecting the special education rights of the |
| 529 | child. |
| 530 | (9) Nothing in this section shall preclude the appointment |
| 531 | of a surrogate parent for a student who is gifted as defined in |
| 532 | s. 1003.01(3). |
| 533 | Section 9. This act shall take effect July 1, 2008. |