Florida Senate - 2009 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 1128
Barcode 223270
LEGISLATIVE ACTION
Senate . House
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Floor: WD/2R .
04/27/2009 06:32 PM .
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Senator Rich moved the following:
1 Senate Amendment (with title amendment)
2
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Section 39.0016, Florida Statutes, is amended to
7 read:
8 39.0016 Education of abused, neglected, and abandoned
9 children; agency agreements; children having or suspected of
10 having a disability.—
11 (1) DEFINITIONS.—As used in this section, the term:
12 (a) “Children known to the department” means children who
13 are found to be dependent or children in shelter care.
14 (b) “Department” means the Department of Children and
15 Family Services or a community-based care lead agency acting on
16 behalf of the Department of Children and Family Services, as
17 appropriate.
18 (c) “Surrogate parent” means an individual appointed to act
19 in the place of a parent in educational decisionmaking and in
20 safeguarding a child’s rights under the Individuals with
21 Disabilities Education Act and this section.
22 (2) AGENCY AGREEMENTS.—
23 (a)(3) The department shall enter into an agreement with
24 the Department of Education regarding the education and related
25 care of children known to the department. Such agreement shall
26 be designed to provide educational access to children known to
27 the department for the purpose of facilitating the delivery of
28 services or programs to children known to the department. The
29 agreement shall avoid duplication of services or programs and
30 shall provide for combining resources to maximize the
31 availability or delivery of services or programs.
32 (b)(4) The department shall enter into agreements with
33 district school boards or other local educational entities
34 regarding education and related services for children known to
35 the department who are of school age and children known to the
36 department who are younger than school age but who would
37 otherwise qualify for services from the district school board.
38 Such agreements shall include, but are not limited to:
39 1.(a) A requirement that the department shall:
40 a.1. Enroll children known to the department in school. The
41 agreement shall provide for continuing the enrollment of a child
42 known to the department at the same school, if possible, with
43 the goal of avoiding disruption of education.
44 b.2. Notify the school and school district in which a child
45 known to the department is enrolled of the name and phone number
46 of the child known to the department caregiver and caseworker
47 for child safety purposes.
48 c.3. Establish a protocol for the department to share
49 information about a child known to the department with the
50 school district, consistent with the Family Educational Rights
51 and Privacy Act, since the sharing of information will assist
52 each agency in obtaining education and related services for the
53 benefit of the child.
54 d.4. Notify the school district of the department’s case
55 planning for a child known to the department, both at the time
56 of plan development and plan review. Within the plan development
57 or review process, the school district may provide information
58 regarding the child known to the department if the school
59 district deems it desirable and appropriate.
60 2.(b) A requirement that the district school board shall:
61 a.1. Provide the department with a general listing of the
62 services and information available from the district school
63 board, including, but not limited to, the current Sunshine State
64 Standards, the Surrogate Parent Training Manual, and other
65 resources accessible through the Department of Education or
66 local school districts to facilitate educational access for a
67 child known to the department.
68 b.2. Identify all educational and other services provided
69 by the school and school district which the school district
70 believes are reasonably necessary to meet the educational needs
71 of a child known to the department.
72 c.3. Determine whether transportation is available for a
73 child known to the department when such transportation will
74 avoid a change in school assignment due to a change in
75 residential placement. Recognizing that continued enrollment in
76 the same school throughout the time the child known to the
77 department is in out-of-home care is preferable unless
78 enrollment in the same school would be unsafe or otherwise
79 impractical, the department, the district school board, and the
80 Department of Education shall assess the availability of
81 federal, charitable, or grant funding for such transportation.
82 d.4. Provide individualized student intervention or an
83 individual educational plan when a determination has been made
84 through legally appropriate criteria that intervention services
85 are required. The intervention or individual educational plan
86 must include strategies to enable the child known to the
87 department to maximize the attainment of educational goals.
88 3.(c) A requirement that the department and the district
89 school board shall cooperate in accessing the services and
90 supports needed for a child known to the department who has or
91 is suspected of having a disability to receive an appropriate
92 education consistent with the Individuals with Disabilities
93 Education Act and state implementing laws, rules, and
94 assurances. Coordination of services for a child known to the
95 department who has or is suspected of having a disability may
96 include:
97 a.1. Referral for screening.
98 b.2. Sharing of evaluations between the school district and
99 the department where appropriate.
100 c.3. Provision of education and related services
101 appropriate for the needs and abilities of the child known to
102 the department.
103 d.4. Coordination of services and plans between the school
104 and the residential setting to avoid duplication or conflicting
105 service plans.
106 e.5. Appointment of a surrogate parent, consistent with the
107 Individuals with Disabilities Education Act and pursuant to
108 subsection (3), for educational purposes for a child known to
109 the department who qualifies as soon as the child is determined
110 to be dependent and without a parent to act for the child. The
111 surrogate parent shall be appointed by the school district
112 without regard to where the child known to the department is
113 placed so that one surrogate parent can follow the education of
114 the child known to the department during his or her entire time
115 in state custody.
116 f.6. For each child known to the department 14 years of age
117 and older, transition planning by the department and all
118 providers, including the department’s independent living program
119 staff, to meet the requirements of the local school district for
120 educational purposes.
121 (c)(2) The provisions of this subsection section establish
122 standards goals and not rights. This subsection section does not
123 require the delivery of any particular service or level of
124 service in excess of existing appropriations. A person may not
125 maintain a cause of action against the state or any of its
126 subdivisions, agencies, contractors, subcontractors, or agents
127 based upon this subsection section becoming law or failure by
128 the Legislature to provide adequate funding for the achievement
129 of these standards goals. This subsection section does not
130 require the expenditure of funds to meet the standards goals
131 established in this subsection section except funds specifically
132 appropriated for such purpose.
133 (3) CHILDREN HAVING OR SUSPECTED OF HAVING A DISABILITY.—
134 (a)1. The Legislature finds that disability is a natural
135 part of the human experience and in no way diminishes the right
136 of individuals to participate in or contribute to society.
137 Improving educational results for children with disabilities is
138 an essential element of our public policy of ensuring equality
139 of opportunity, full participation, independent living, and
140 economic self-sufficiency for individuals with disabilities. The
141 Legislature finds that disability is a natural part of the human
142 experience and in no way diminishes the right of individuals to
143 participate in or contribute to society. Improving educational
144 results for children with disabilities is an essential element
145 of our public policy of ensuring equality of opportunity, full
146 participation, independent living, and economic self-sufficiency
147 for individuals with disabilities.
148 2. The Legislature also finds that research and experience
149 have shown that the education of children with disabilities can
150 be made more effective by:
151 a. Having high expectations for these children and ensuring
152 their access to the general education curriculum in the regular
153 classroom, to the maximum extent possible.
154 b. Providing appropriate exceptional student education,
155 related services, and aids and supports in the least restrictive
156 environment appropriate for these children.
157 c. Having a trained, interested, and consistent educational
158 decisionmaker for the child when the parent is determined to be
159 legally unavailable or when the foster parent is unwilling, has
160 no significant relationship with the child, or is not trained in
161 the exceptional student education process.
162 3. It is, therefore, the intent of the Legislature that all
163 children with disabilities known to the department, consistent
164 with the Individuals with Disabilities Education Act, have
165 available to them a free, appropriate public education that
166 emphasizes exceptional student education and related services
167 designed to meet their unique needs and prepare them for further
168 education, employment, and independent living and that the
169 rights of children with disabilities are protected.
170 (b)1. Each district school superintendent or dependency
171 court must appoint a surrogate parent for a child known to the
172 department who has or is suspected of having a disability, as
173 defined in s. 1003.01(3), when:
174 a. After reasonable efforts, no parent can be located; or
175 b. A court of competent jurisdiction over a child under
176 this chapter has determined that no person has the authority
177 under the Individuals with Disabilities Education Act, including
178 the parent or parents subject to the dependency action, or that
179 no person has the authority, willingness, or ability to serve as
180 the educational decisionmaker for the child without judicial
181 action.
182 2. A surrogate parent appointed by the district school
183 superintendent or the court must be at least 18 years old and
184 have no personal or professional interest that conflicts with
185 the interests of the student to be represented. Neither the
186 district school superintendent nor the court may appoint an
187 employee of the Department of Education, the local school
188 district, a community-based care provider, the Department of
189 Children and Family Services, or any other public or private
190 agency involved in the education or care of the child as
191 appointment of those persons is prohibited by federal law. This
192 prohibition includes group home staff and therapeutic foster
193 parents. However, a person who acts in a parental role to a
194 child, such as a foster parent or relative caregiver, is not
195 prohibited from serving as a surrogate parent if he or she is
196 employed by such agency, willing to serve, and knowledgeable
197 about the child and the exceptional student education process.
198 The surrogate parent may be a court-appointed guardian ad litem
199 or a relative or nonrelative adult who is involved in the
200 child’s life regardless of whether that person has physical
201 custody of the child. Each person appointed as a surrogate
202 parent must have the knowledge and skills acquired by
203 successfully completing training using materials developed and
204 approved by the Department of Education to ensure adequate
205 representation of the child.
206 3. If a guardian ad litem has been appointed for a child,
207 the district school superintendent must first consider the
208 child’s guardian ad litem when appointing a surrogate parent.
209 The district school superintendent must accept the appointment
210 of the court if he or she has not previously appointed a
211 surrogate parent. Similarly, the court must accept a surrogate
212 parent duly appointed by a district school superintendent.
213 4. A surrogate parent appointed by the district school
214 superintendent or the court must be accepted by any subsequent
215 school or school district without regard to where the child is
216 receiving residential care so that a single surrogate parent can
217 follow the education of the child during his or her entire time
218 in state custody. Nothing in this paragraph or in rule shall
219 limit or prohibit the continuance of a surrogate parent
220 appointment when the responsibility for the student’s
221 educational placement moves among and between public and private
222 agencies.
223 5. For a child known to the department, the responsibility
224 to appoint a surrogate parent resides with both the district
225 school superintendent and the court with jurisdiction over the
226 child. If the court elects to appoint a surrogate parent, notice
227 shall be provided as soon as practicable to the child’s school.
228 At any time the court determines that it is in the best
229 interests of a child to remove a surrogate parent, the court may
230 appoint a new surrogate parent for educational decisionmaking
231 purposes for that child.
232 6. The surrogate parent shall continue in the appointed
233 role until one of the following occurs:
234 a. The child is determined to no longer be eligible or in
235 need of special programs, except when termination of special
236 programs is being contested.
237 b. The child achieves permanency through adoption or legal
238 guardianship and is no longer in the custody of the department.
239 c. The parent who was previously unknown becomes known,
240 whose whereabouts were unknown is located, or who was
241 unavailable is determined by the court to be available.
242 d. The appointed surrogate no longer wishes to represent
243 the child or is unable to represent the child.
244 e. The superintendent of the school district in which the
245 child is attending school, the Department of Education contract
246 designee, or the court that appointed the surrogate determines
247 that the appointed surrogate parent no longer adequately
248 represents the child.
249 f. The child moves to a geographic location that is not
250 reasonably accessible to the appointed surrogate.
251 7. The appointment and termination of appointment of a
252 surrogate under this paragraph shall be entered as an order of
253 the court with a copy of the order provided to the child’s
254 school as soon as practicable.
255 8. The person appointed as a surrogate parent under this
256 paragraph must:
257 a. Be acquainted with the child and become knowledgeable
258 about his or her disability and educational needs.
259 b. Represent the child in all matters relating to
260 identification, evaluation, and educational placement and the
261 provision of a free and appropriate education to the child.
262 c. Represent the interests and safeguard the rights of the
263 child in educational decisions that affect the child.
264 9. The responsibilities of the person appointed as a
265 surrogate parent shall not extend to the care, maintenance,
266 custody, residential placement, or any other area not
267 specifically related to the education of the child, unless the
268 same person is appointed by the court for such other purposes.
269 10. A person appointed as a surrogate parent shall enjoy
270 all of the procedural safeguards afforded a parent with respect
271 to the identification, evaluation, and educational placement of
272 a student with a disability or a student who is suspected of
273 having a disability.
274 11. A person appointed as a surrogate parent shall not be
275 held liable for actions taken in good faith on behalf of the
276 student in protecting the special education rights of the child.
277 (4)(5) TRAINING.—The department shall incorporate an
278 education component into all training programs of the department
279 regarding children known to the department. Such training shall
280 be coordinated with the Department of Education and the local
281 school districts. The department shall offer opportunities for
282 education personnel to participate in such training. Such
283 coordination shall include, but not be limited to, notice of
284 training sessions, opportunities to purchase training materials,
285 proposals to avoid duplication of services by offering joint
286 training, and incorporation of materials available from the
287 Department of Education and local school districts into the
288 department training when appropriate. The department training
289 components shall include:
290 (a) Training for surrogate parents to include how an
291 ability to learn of a child known to the department is affected
292 by abuse, abandonment, neglect, and removal from the home.
293 (b) Training for parents in cases in which reunification is
294 the goal, or for preadoptive parents when adoption is the goal,
295 so that such parents learn how to access the services the child
296 known to the department needs and the importance of their
297 involvement in the education of the child known to the
298 department.
299 (c) Training for caseworkers and foster parents to include
300 information on the right of the child known to the department to
301 an education, the role of an education in the development and
302 adjustment of a child known to the department, the proper ways
303 to access education and related services for the child known to
304 the department, and the importance and strategies for parental
305 involvement in education for the success of the child known to
306 the department.
307 (d) Training of caseworkers regarding the services and
308 information available through the Department of Education and
309 local school districts, including, but not limited to, the
310 current Sunshine State Standards, the Surrogate Parent Training
311 Manual, and other resources accessible through the Department of
312 Education or local school districts to facilitate educational
313 access for a child known to the department.
314 Section 2. Paragraph (p) of subsection (2) of section
315 39.202, Florida Statutes, is amended to read:
316 39.202 Confidentiality of reports and records in cases of
317 child abuse or neglect.—
318 (2) Except as provided in subsection (4), access to such
319 records, excluding the name of the reporter which shall be
320 released only as provided in subsection (5), shall be granted
321 only to the following persons, officials, and agencies:
322 (p) An employee of the local school district who is
323 designated as a liaison between the school district and the
324 department pursuant to an interagency agreement required under
325 s. 39.0016 and the principal of a public school, private school,
326 or charter school where the child is a student. Information
327 contained in the records which the liaison or the principal
328 determines are necessary for a school employee to effectively
329 provide a student with educational services may be released to
330 that employee.
331 Section 3. Subsection (11) of section 39.402, Florida
332 Statutes, is amended to read:
333 39.402 Placement in a shelter.—
334 (11)(a) If a child is placed in a shelter pursuant to a
335 court order following a shelter hearing, the court shall require
336 in the shelter hearing order that the parents of the child, or
337 the guardian of the child’s estate, if possessed of assets which
338 under law may be disbursed for the care, support, and
339 maintenance of the child, to pay, to the department or
340 institution having custody of the child, fees as established by
341 the department. When the order affects the guardianship estate,
342 a certified copy of the order shall be delivered to the judge
343 having jurisdiction of the guardianship estate. The shelter
344 order shall also require the parents to provide to the
345 department and any other state agency or party designated by the
346 court, within 28 days after entry of the shelter order, the
347 financial information necessary to accurately calculate child
348 support pursuant to s. 61.30.
349 (b) The court shall request that the parents consent to
350 provide access to the child’s medical records and provide
351 information to the court, the department or its contract
352 agencies, and any guardian ad litem or attorney for the child.
353 If a parent is unavailable or unable to consent or withholds
354 consent and the court determines access to the records and
355 information is necessary to provide services to the child, the
356 court shall issue an order granting access. The court may also
357 order the parents to The parent or legal guardian shall provide
358 all known medical information to the department and to any
359 others granted access under this subsection.
360 (c) The court shall request that the parents consent to
361 provide access to the child’s educational records and provide
362 information to the court, the department or its contract
363 agencies, and any guardian ad litem or attorney for the child.
364 If a parent is unavailable or unable to consent or withholds
365 consent and the court determines access to the records and
366 information is necessary to provide services to the child, the
367 court shall issue an order granting access.
368 (d) The court may appoint a surrogate parent or may refer
369 the child to the district school superintendent for appointment
370 of a surrogate parent if the child has or is suspected of having
371 a disability and the parent is unavailable pursuant to s.
372 39.0016(3)(b).
373 Section 4. Subsection (8) of section 39.701, Florida
374 Statutes, is amended to read:
375 39.701 Judicial review.—
376 (8) The court and any citizen review panel shall take into
377 consideration the information contained in the social services
378 study and investigation and all medical, psychological, and
379 educational records that support the terms of the case plan;
380 testimony by the social services agency, the parent, the foster
381 parent or legal custodian, the guardian ad litem or surrogate
382 parent for educational decisionmaking if one has been appointed
383 for the child, and any other person deemed appropriate; and any
384 relevant and material evidence submitted to the court, including
385 written and oral reports to the extent of their probative value.
386 These reports and evidence may be received by the court in its
387 effort to determine the action to be taken with regard to the
388 child and may be relied upon to the extent of their probative
389 value, even though not competent in an adjudicatory hearing. In
390 its deliberations, the court and any citizen review panel shall
391 seek to determine:
392 (a) If the parent was advised of the right to receive
393 assistance from any person or social service agency in the
394 preparation of the case plan.
395 (b) If the parent has been advised of the right to have
396 counsel present at the judicial review or citizen review
397 hearings. If not so advised, the court or citizen review panel
398 shall advise the parent of such right.
399 (c) If a guardian ad litem needs to be appointed for the
400 child in a case in which a guardian ad litem has not previously
401 been appointed or if there is a need to continue a guardian ad
402 litem in a case in which a guardian ad litem has been appointed.
403 (d) Who holds the rights to make educational decisions for
404 the child. If appropriate, the court may refer the child to the
405 district school superintendent for appointment of a surrogate
406 parent or may itself appoint a surrogate parent under the
407 Individuals with Disabilities Education Act and s. 39.0016.(e)
408 (d) The compliance or lack of compliance of all parties with
409 applicable items of the case plan, including the parents’
410 compliance with child support orders.
411 (f)(e) The compliance or lack of compliance with a
412 visitation contract between the parent and the social service
413 agency for contact with the child, including the frequency,
414 duration, and results of the parent-child visitation and the
415 reason for any noncompliance.
416 (g)(f) The compliance or lack of compliance of the parent
417 in meeting specified financial obligations pertaining to the
418 care of the child, including the reason for failure to comply if
419 such is the case.
420 (h)(g) Whether the child is receiving safe and proper care
421 according to s. 39.6012, including, but not limited to, the
422 appropriateness of the child’s current placement, including
423 whether the child is in a setting that is as family-like and as
424 close to the parent’s home as possible, consistent with the
425 child’s best interests and special needs, and including
426 maintaining stability in the child’s educational placement, as
427 documented by assurances from the community-based care provider
428 that:
429 1. The placement of the child takes into account the
430 appropriateness of the current educational setting and the
431 proximity to the school in which the child is enrolled at the
432 time of placement.
433 2. The community-based care agency has coordinated with
434 appropriate local educational agencies to ensure that the child
435 remains in the school in which the child is enrolled at the time
436 of placement.
437 (i)(h) A projected date likely for the child’s return home
438 or other permanent placement.
439 (j)(i) When appropriate, the basis for the unwillingness or
440 inability of the parent to become a party to a case plan. The
441 court and the citizen review panel shall determine if the
442 efforts of the social service agency to secure party
443 participation in a case plan were sufficient.
444 (k)(j) For a child who has reached 13 years of age but is
445 not yet 18 years of age, the adequacy of the child’s preparation
446 for adulthood and independent living.
447 (l)(k) If amendments to the case plan are required.
448 Amendments to the case plan must be made under s. 39.6013.
449 Section 5. Paragraph (f) of subsection (1) and paragraph
450 (g) of subsection (4) of section 1003.21, Florida Statutes, are
451 amended to read:
452 1003.21 School attendance.—
453 (1)
454 (f) Homeless children, as defined in s. 1003.01, and
455 children who are known to the department, as defined in s.
456 39.0016, must have access to a free public education and must be
457 admitted to school in the school district in which they or their
458 families live. School districts shall assist homeless children
459 and children who are known to the department to meet the
460 requirements of subsection (4) and s. 1003.22, as well as local
461 requirements for documentation.
462 (4) Before admitting a child to kindergarten, the principal
463 shall require evidence that the child has attained the age at
464 which he or she should be admitted in accordance with the
465 provisions of subparagraph (1)(a)2. The district school
466 superintendent may require evidence of the age of any child whom
467 he or she believes to be within the limits of compulsory
468 attendance as provided for by law. If the first prescribed
469 evidence is not available, the next evidence obtainable in the
470 order set forth below shall be accepted:
471 (g) If none of these evidences can be produced, an
472 affidavit of age sworn to by the parent, accompanied by a
473 certificate of age signed by a public health officer or by a
474 public school physician, or, if neither of these is available in
475 the county, by a licensed practicing physician designated by the
476 district school board, which certificate states that the health
477 officer or physician has examined the child and believes that
478 the age as stated in the affidavit is substantially correct. A
479 homeless child, as defined in s. 1003.01, and a child who is
480 known to the department, as defined in s. 39.0016, shall be
481 given temporary exemption from this section for 30 school days.
482 Section 6. Subsection (1) and paragraph (e) of subsection
483 (5) of section 1003.22, Florida Statutes, are amended to read:
484 1003.22 School-entry health examinations; immunization
485 against communicable diseases; exemptions; duties of Department
486 of Health.—
487 (1) Each district school board and the governing authority
488 of each private school shall require that each child who is
489 entitled to admittance to kindergarten, or is entitled to any
490 other initial entrance into a public or private school in this
491 state, present a certification of a school-entry health
492 examination performed within 1 year prior to enrollment in
493 school. Each district school board, and the governing authority
494 of each private school, may establish a policy that permits a
495 student up to 30 school days to present a certification of a
496 school-entry health examination. A homeless child, as defined in
497 s. 1003.01, and a child who is known to the department, as
498 defined in s. 39.0016, shall be given a temporary exemption for
499 30 school days. Any district school board that establishes such
500 a policy shall include provisions in its local school health
501 services plan to assist students in obtaining the health
502 examinations. However, any child shall be exempt from the
503 requirement of a health examination upon written request of the
504 parent of the child stating objections to the examination on
505 religious grounds.
506 (5) The provisions of this section shall not apply if:
507 (e) An authorized school official issues a temporary
508 exemption, for a period not to exceed 30 school days, to permit
509 a student who transfers into a new county to attend class until
510 his or her records can be obtained. A homeless child, as defined
511 in s. 1003.01, and a child who is known to the department, as
512 defined in s. 39.0016, shall be given a temporary exemption for
513 30 school days. The public school health nurse or authorized
514 private school official is responsible for followup of each such
515 student until proper documentation or immunizations are
516 obtained. An exemption for 30 days may be issued for a student
517 who enters a juvenile justice program to permit the student to
518 attend class until his or her records can be obtained or until
519 the immunizations can be obtained. An authorized juvenile
520 justice official is responsible for followup of each student who
521 enters a juvenile justice program until proper documentation or
522 immunizations are obtained.
523 Section 7. Subsections (3) and (4) are added to section
524 1003.57, Florida Statutes, to read:
525 1003.57 Exceptional students instruction.
526 (3)(a) For purposes of this subsection and subsection (4),
527 the term:
528 1. “Agency” means the Department of Children and Family
529 Services or its contracted lead agency, the Agency for Persons
530 with Disabilities, and the Agency for Health Care
531 Administration.
532 2. “Exceptional student” means an exceptional student, as
533 defined in s. 1003.01, who has a disability.
534 3. “Receiving school district” means the district in which
535 a private residential care facility is located.
536 4. “Placement” means the funding or arrangement of funding
537 by an agency for all or a part of the cost for an exceptional
538 student to reside in a private residential care facility and the
539 placement crosses school district lines.
540 (b) Within 10 business days after an exceptional student is
541 placed in a private residential care facility by an agency, the
542 agency or private residential care facility licensed by the
543 agency, as appropriate, shall provide written notification of
544 the placement to the school district where the student is
545 currently counted for funding purposes under s. 1011.62 and the
546 receiving school district. The exceptional student shall be
547 enrolled in school and receive a free and appropriate public
548 education, special education, and related services while the
549 notice and procedures regarding payment are pending. This
550 paragraph applies when the placement is for the primary purpose
551 of addressing residential or other noneducational needs and the
552 placement crosses school district lines.
553 (c) Within 10 business days after receiving the
554 notification, the receiving school district must review the
555 student’s individual educational plan (IEP) to determine if the
556 student’s IEP can be implemented by the receiving school
557 district or by a provider or facility under contract with the
558 receiving school district. The receiving school district shall:
559 1. Provide educational instruction to the student;
560 2. Contract with another provider or facility to provide
561 the educational instruction;
562 3. Contract with the private residential care facility in
563 which the student resides to provide the educational
564 instruction; or
565 4. Decline to provide or contract for educational
566 instruction.
567
568 If the receiving school district declines to provide or contract
569 for the educational instruction, the school district in which
570 the legal residence of the student is located shall provide or
571 contract for the educational instruction to the student. The
572 school district that provides educational instruction or
573 contracts to provide educational instruction shall report the
574 student for funding purposes pursuant s. 1011.62.
575 (d)1. The Department of Education, in consultation with the
576 agencies and school districts, shall develop procedures for
577 written notification to school districts regarding the placement
578 of an exceptional student in a residential care facility. The
579 procedures must:
580 a. Provide for written notification of a placement that
581 crosses school district lines; and
582 b. Identify the entity responsible for the notification for
583 each facility that is operated, licensed, or regulated by an
584 agency.
585 2. The State Board of Education shall adopt the procedures
586 by rule pursuant to ss. 120.536(1) and 120.54 and the agencies
587 shall implement the procedures.
588
589 The requirements of paragraphs (c) and (d) do not apply to
590 written agreements among school districts which specify each
591 school district’s responsibility for providing and paying for
592 educational services to an exceptional student in a residential
593 care facility. However, each agreement must require a school
594 district to review the student’s IEP within 10 business days
595 after receiving the notification required under paragraph (b).
596 (4) The Department of Education and agencies shall enter
597 into an agreement for interagency coordination regarding the
598 placement of exceptional students in residential facilities,
599 consistent with federal law and regulations, on or before
600 January 1, 2010. The agreement shall identify the
601 responsibilities of each party and ensure that students receive
602 special education and related services necessary to receive a
603 free and appropriate public education. The agreement shall also
604 establish procedures for:
605 (a) Resolving interagency disputes;
606 (b) Ensuring the provision of services during the pendency
607 of a dispute; and
608 (c) Ensuring continued Medicaid eligibility as deemed
609 appropriate.
610 Section 8. This act shall take effect July 1, 2009.
611
612 ================= T I T L E A M E N D M E N T ================
613 And the title is amended as follows:
614 Delete everything before the enacting clause
615 and insert:
616 A bill to be entitled
617 An act relating to education for children in shelter
618 care or foster care and exceptional students; amending
619 s. 39.0016, F.S.; defining the term “surrogate
620 parent”; providing legislative intent; providing
621 conditions and requirements for district school
622 superintendent or court appointment of a surrogate
623 parent for educational decisionmaking for a child who
624 has or is suspected of having a disability; providing
625 requirements for educational placement; providing
626 requirements relating to qualifications and
627 responsibilities of surrogate parents; limiting
628 liability; amending s. 39.202, F.S.; providing for
629 access to certain records to liaisons between school
630 districts and the Department of Children and Family
631 Services; amending s. 39.402, F.S.; requiring access
632 to a child’s medical records and educational records
633 if a child is placed in a shelter; authorizing
634 appointment of a surrogate parent; amending s. 39.701,
635 F.S.; requiring the court and citizen review panel in
636 judicial reviews to consider testimony by a surrogate
637 parent for educational decisionmaking; providing for
638 additional deliberations relating to appointment of an
639 educational decisionmaker; requiring certain
640 documentation relating to the educational setting;
641 amending s. 1003.21, F.S.; providing access to free
642 public education for children known to the department;
643 authorizing a temporary exemption relating to school
644 attendance; amending s. 1003.22, F.S.; authorizing a
645 temporary exemption from school-entry health
646 examinations for children known to the department;
647 amending s. 1003.57, F.S.; providing definitions;
648 requiring the Department of Children and Family
649 Services, the Agency for Health Care Administration,
650 and residential facilities licensed by the Agency for
651 Persons with Disabilities to notify certain school
652 districts following the placement of an exceptional
653 student in a private residential care facility;
654 requiring that an exceptional student be enrolled in
655 school; requiring review of the student’s individual
656 educational plan; providing for determining
657 responsibility for educational instruction; requiring
658 the school district to report the student for funding
659 purposes; requiring the Department of Education, in
660 consultation with specified agencies, to develop
661 procedures for the placement of students in
662 residential care facilities; requiring the State Board
663 of Education to adopt rules; requiring a cooperative
664 agreement between the Department of Education and
665 agencies, to be executed on or before January 1, 2010;
666 prescribing conditions and requirements for the
667 agreement; providing an effective date.