Florida Senate - 2009               CS for CS for CS for SB 1128
       
       
       
       By the Committees on Judiciary; Children, Families, and Elder
       Affairs; and Education Pre-K - 12; and Senators Rich, Dean, and
       Wilson
       
       
       590-04071-09                                          20091128c3
    1                        A bill to be entitled                      
    2         An act relating to the education for children in
    3         shelter care or foster care and exceptional students;
    4         amending s. 39.0016, F.S.; defining the term
    5         “surrogate parent”; providing legislative intent;
    6         providing conditions for the district superintendent
    7         or court to appoint a surrogate parent for purposes of
    8         educational decisionmaking for a child who has or is
    9         suspected of having a disability; amending s. 39.202,
   10         F.S.; providing for access to certain records to
   11         liaisons between school districts and the Department
   12         of Children and Family Services; amending s. 39.402,
   13         F.S.; requiring access to a child’s medical records
   14         and educational records if a child is placed in a
   15         shelter; amending s. 39.701, F.S.; requiring the court
   16         and citizen review panel in judicial reviews to
   17         consider testimony by a surrogate parent for
   18         educational decisionmaking; providing for additional
   19         deliberations relating to appointment of an
   20         educational decisionmaker; requiring certain
   21         documentation relating to the educational setting;
   22         amending s. 1003.21, F.S.; providing access to free
   23         public education for children known to the department;
   24         authorizing a temporary exemption relating to school
   25         attendance; amending s. 1003.22, F.S.; authorizing a
   26         temporary exemption from school-entry health
   27         examinations for children known to the department;
   28         amending s. 1003.57, F.S.; providing definitions;
   29         requiring the Department of Children and Family
   30         Services, the Agency for Health Care Administration,
   31         and residential facilities licensed by the Agency for
   32         Persons with Disabilities to notify certain school
   33         districts following the placement of an exceptional
   34         student in a private residential care facility;
   35         requiring review of the student’s individual
   36         educational plan; providing for determining
   37         responsibility for educational instruction; requiring
   38         the school district to report the student for funding
   39         purposes; requiring the Department of Education, in
   40         consultation with specified agencies, to develop
   41         procedures for the placement of students in
   42         residential care facilities; requiring the State Board
   43         of Education to adopt rules; requiring a cooperative
   44         agreement between the Department of Education and
   45         agencies, to be executed on or before January 1, 2010;
   46         prescribing conditions and requirements for the
   47         agreement; providing an effective date.
   48  
   49  Be It Enacted by the Legislature of the State of Florida:
   50  
   51         Section 1. Section 39.0016, Florida Statutes, is amended to
   52  read:
   53         39.0016 Education of abused, neglected, and abandoned
   54  children; agency agreements; children having or suspected of
   55  having a disability.—
   56         (1) DEFINITIONS.—As used in this section, the term:
   57         (a) “Children known to the department” means children who
   58  are found to be dependent or children in shelter care.
   59         (b) “Department” means the Department of Children and
   60  Family Services or a community-based care lead agency acting on
   61  behalf of the Department of Children and Family Services, as
   62  appropriate.
   63         (c)“Surrogate parent” means an individual appointed to act
   64  in the place of a parent in educational decisionmaking and in
   65  safeguarding a child’s rights under the Individuals with
   66  Disabilities Education Act and this section.
   67         (2)The provisions of this section establish goals and not
   68  rights. This section does not require the delivery of any
   69  particular service or level of service in excess of existing
   70  appropriations. A person may not maintain a cause of action
   71  against the state or any of its subdivisions, agencies,
   72  contractors, subcontractors, or agents based upon this section
   73  becoming law or failure by the Legislature to provide adequate
   74  funding for the achievement of these goals. This section does
   75  not require the expenditure of funds to meet the goals
   76  established in this section except funds specifically
   77  appropriated for such purpose.
   78         (2)AGENCY AGREEMENTS.—
   79         (a)(3) The department shall enter into an agreement with
   80  the Department of Education regarding the education and related
   81  care of children known to the department. Such agreement shall
   82  be designed to provide educational access to children known to
   83  the department for the purpose of facilitating the delivery of
   84  services or programs to children known to the department. The
   85  agreement shall avoid duplication of services or programs and
   86  shall provide for combining resources to maximize the
   87  availability or delivery of services or programs.
   88         (b)(4) The department shall enter into agreements with
   89  district school boards or other local educational entities
   90  regarding education and related services for children known to
   91  the department who are of school age and children known to the
   92  department who are younger than school age but who would
   93  otherwise qualify for services from the district school board.
   94  Such agreements shall include, but are not limited to:
   95         1.(a) A requirement that the department shall:
   96         a.1. Enroll children known to the department in school. The
   97  agreement shall provide for continuing the enrollment of a child
   98  known to the department at the same school, if possible, with
   99  the goal of avoiding disruption of education.
  100         b.2. Notify the school and school district in which a child
  101  known to the department is enrolled of the name and phone number
  102  of the child known to the department caregiver and caseworker
  103  for child safety purposes.
  104         c.3. Establish a protocol for the department to share
  105  information about a child known to the department with the
  106  school district, consistent with the Family Educational Rights
  107  and Privacy Act, since the sharing of information will assist
  108  each agency in obtaining education and related services for the
  109  benefit of the child.
  110         d.4. Notify the school district of the department’s case
  111  planning for a child known to the department, both at the time
  112  of plan development and plan review. Within the plan development
  113  or review process, the school district may provide information
  114  regarding the child known to the department if the school
  115  district deems it desirable and appropriate.
  116         2.(b) A requirement that the district school board shall:
  117         a.1. Provide the department with a general listing of the
  118  services and information available from the district school
  119  board, including, but not limited to, the current Sunshine State
  120  Standards, the Surrogate Parent Training Manual, and other
  121  resources accessible through the Department of Education or
  122  local school districts to facilitate educational access for a
  123  child known to the department.
  124         b.2. Identify all educational and other services provided
  125  by the school and school district which the school district
  126  believes are reasonably necessary to meet the educational needs
  127  of a child known to the department.
  128         c.3. Determine whether transportation is available for a
  129  child known to the department when such transportation will
  130  avoid a change in school assignment due to a change in
  131  residential placement. Recognizing that continued enrollment in
  132  the same school throughout the time the child known to the
  133  department is in out-of-home care is preferable unless
  134  enrollment in the same school would be unsafe or otherwise
  135  impractical, the department, the district school board, and the
  136  Department of Education shall assess the availability of
  137  federal, charitable, or grant funding for such transportation.
  138         d.4. Provide individualized student intervention or an
  139  individual educational plan when a determination has been made
  140  through legally appropriate criteria that intervention services
  141  are required. The intervention or individual educational plan
  142  must include strategies to enable the child known to the
  143  department to maximize the attainment of educational goals.
  144         3.(c) A requirement that the department and the district
  145  school board shall cooperate in accessing the services and
  146  supports needed for a child known to the department who has or
  147  is suspected of having a disability to receive an appropriate
  148  education consistent with the Individuals with Disabilities
  149  Education Act and state implementing laws, rules, and
  150  assurances. Coordination of services for a child known to the
  151  department who has or is suspected of having a disability may
  152  include:
  153         a.1. Referral for screening.
  154         b.2. Sharing of evaluations between the school district and
  155  the department where appropriate.
  156         c.3. Provision of education and related services
  157  appropriate for the needs and abilities of the child known to
  158  the department.
  159         d.4. Coordination of services and plans between the school
  160  and the residential setting to avoid duplication or conflicting
  161  service plans.
  162         e.5. Appointment of a surrogate parent, consistent with the
  163  Individuals with Disabilities Education Act and pursuant to
  164  subsection (3), for educational purposes for a child known to
  165  the department who qualifies as soon as the child is determined
  166  to be dependent and without a parent to act for the child. The
  167  surrogate parent shall be appointed by the school district
  168  without regard to where the child known to the department is
  169  placed so that one surrogate parent can follow the education of
  170  the child known to the department during his or her entire time
  171  in state custody.
  172         f.6. For each child known to the department 14 years of age
  173  and older, transition planning by the department and all
  174  providers, including the department’s independent living program
  175  staff, to meet the requirements of the local school district for
  176  educational purposes.
  177         (c)This subsection establishes standards and not rights.
  178  This subsection does not require the delivery of any particular
  179  service or level of service in excess of existing
  180  appropriations. A person may not maintain a cause of action
  181  against the state or any of its subdivisions, agencies,
  182  contractors, subcontractors, or agents based upon this
  183  subsection becoming law or failure by the Legislature to provide
  184  adequate funding for the achievement of these standards. This
  185  subsection does not require the expenditure of funds to meet the
  186  standards established in this subsection except funds
  187  specifically appropriated for such purpose.
  188         (3)CHILDREN HAVING OR SUSPECTED OF HAVING A DISABILITY.—
  189         (a)1.The Legislature finds that disability is a natural
  190  part of the human experience and in no way diminishes the right
  191  of individuals to participate in or contribute to society.
  192  Improving educational results for children with disabilities is
  193  an essential element of our public policy of ensuring equality
  194  of opportunity, full participation, independent living, and
  195  economic self-sufficiency for individuals with disabilities.
  196         2.The Legislature also finds that research and experience
  197  have shown that the education of children with disabilities can
  198  be made more effective by:
  199         a.Having high expectations for these children and ensuring
  200  their access to the general education curriculum in the regular
  201  classroom, to the maximum extent possible.
  202         b.Providing appropriate exceptional student education,
  203  related services, and aids and supports in the least restrictive
  204  environment appropriate for these children.
  205         c.Having a trained, interested, and consistent educational
  206  decisionmaker for the child when the parent is determined to be
  207  legally unavailable or when the foster parent is unwilling, has
  208  no significant relationship with the child, or is not trained in
  209  the exceptional student education process.
  210         3.It is, therefore, the intent of the Legislature that all
  211  children with disabilities known to the department, consistent
  212  with the Individuals with Disabilities Education Act, have
  213  available to them a free, appropriate public education that
  214  emphasizes exceptional student education and related services
  215  designed to meet their unique needs and prepare them for further
  216  education, employment, and independent living and that the
  217  rights of children with disabilities are protected.
  218         (b)1.A surrogate parent shall be appointed for a child
  219  known to the department who has or is suspected of having a
  220  disability, as defined in s. 1003.01(3), by the dependency court
  221  or by the district school superintendent where the child is
  222  located if:
  223         a.After reasonable efforts, a parent cannot be located;
  224         b.The court determines that no person has the authority
  225  under the Individuals with Disabilities Education Act or that no
  226  person having such authority is willing or able to serve as the
  227  child’s educational decisionmaker; or
  228         c.A surrogate parent has not been previously appointed for
  229  the child.
  230         2.The minimum qualifications, responsibilities, rights,
  231  and liabilities of a surrogate parent appointed pursuant to this
  232  section are the same as the minimum qualifications,
  233  responsibilities, rights, and liabilities of a surrogate parent
  234  appointed by a district school superintendent in accordance with
  235  rules adopted by the Department of Education.
  236         3.Employees of the Department of Education, the child’s
  237  local school district, a community-based care provider, the
  238  Department of Children and Family Services, or any other public
  239  or private agency involved in the education or care of the
  240  child; group home staff; and therapeutic foster home parents may
  241  not serve as surrogate parents under this subsection. A person
  242  who acts in a parental role to a child, such as a foster parent
  243  or relative caregiver, a guardian ad litem, or a relative or
  244  other adult involved in the child’s life, regardless of whether
  245  that person has physical custody of the child, may serve as a
  246  surrogate parent under this subsection.
  247         4.If the court appoints a surrogate parent, the court
  248  shall provide notice to the district school superintendent as
  249  soon as practicable.
  250         5.The district school superintendent must accept the
  251  appointment of a surrogate parent made by the dependency court
  252  if he or she has not previously appointed a surrogate parent.
  253  Similarly, the dependency court must accept a surrogate parent
  254  previously appointed by a district school superintendent.
  255         6.The appointment of a surrogate parent by a dependency
  256  court must be accepted by any subsequent school without regard
  257  to where the child resides in order for a single surrogate
  258  parent to follow the education of the child during the entire
  259  time the child is known to the department.
  260         7.The termination of a surrogate parent appointed pursuant
  261  to this section is governed by the same rules governing the
  262  termination of a surrogate parent appointed by a district school
  263  superintendent.
  264         (4)(5)TRAINING.—The department shall incorporate an
  265  education component into all training programs of the department
  266  regarding children known to the department. Such training shall
  267  be coordinated with the Department of Education and the local
  268  school districts. The department shall offer opportunities for
  269  education personnel to participate in such training. Such
  270  coordination shall include, but not be limited to, notice of
  271  training sessions, opportunities to purchase training materials,
  272  proposals to avoid duplication of services by offering joint
  273  training, and incorporation of materials available from the
  274  Department of Education and local school districts into the
  275  department training when appropriate. The department training
  276  components shall include:
  277         (a) Training for surrogate parents to include how an
  278  ability to learn of a child known to the department is affected
  279  by abuse, abandonment, neglect, and removal from the home.
  280         (b) Training for parents in cases in which reunification is
  281  the goal, or for preadoptive parents when adoption is the goal,
  282  so that such parents learn how to access the services the child
  283  known to the department needs and the importance of their
  284  involvement in the education of the child known to the
  285  department.
  286         (c) Training for caseworkers and foster parents to include
  287  information on the right of the child known to the department to
  288  an education, the role of an education in the development and
  289  adjustment of a child known to the department, the proper ways
  290  to access education and related services for the child known to
  291  the department, and the importance and strategies for parental
  292  involvement in education for the success of the child known to
  293  the department.
  294         (d) Training of caseworkers regarding the services and
  295  information available through the Department of Education and
  296  local school districts, including, but not limited to, the
  297  current Sunshine State Standards, the Surrogate Parent Training
  298  Manual, and other resources accessible through the Department of
  299  Education or local school districts to facilitate educational
  300  access for a child known to the department.
  301         Section 2. Paragraph (p) of subsection (2) of section
  302  39.202, Florida Statutes, is amended to read:
  303         39.202 Confidentiality of reports and records in cases of
  304  child abuse or neglect.—
  305         (2) Except as provided in subsection (4), access to such
  306  records, excluding the name of the reporter which shall be
  307  released only as provided in subsection (5), shall be granted
  308  only to the following persons, officials, and agencies:
  309         (p) An employee of the local school district who is
  310  designated as a liaison between the school district and the
  311  department pursuant to an interagency agreement required under
  312  s. 39.0016 and the principal of a public school, private school,
  313  or charter school where the child is a student. Information
  314  contained in the records which the liaison or the principal
  315  determines are necessary for a school employee to effectively
  316  provide a student with educational services may be released to
  317  that employee.
  318         Section 3. Subsection (11) of section 39.402, Florida
  319  Statutes, is amended to read:
  320         39.402 Placement in a shelter.—
  321         (11)(a) If a child is placed in a shelter pursuant to a
  322  court order following a shelter hearing, the court shall require
  323  in the shelter hearing order that the parents of the child, or
  324  the guardian of the child’s estate, if possessed of assets which
  325  under law may be disbursed for the care, support, and
  326  maintenance of the child, to pay, to the department or
  327  institution having custody of the child, fees as established by
  328  the department. When the order affects the guardianship estate,
  329  a certified copy of the order shall be delivered to the judge
  330  having jurisdiction of the guardianship estate. The shelter
  331  order shall also require the parents to provide to the
  332  department and any other state agency or party designated by the
  333  court, within 28 days after entry of the shelter order, the
  334  financial information necessary to accurately calculate child
  335  support pursuant to s. 61.30.
  336         (b) The court shall request that the parents consent to
  337  provide access to the child’s medical records and provide
  338  information to the court, the department or its contract
  339  agencies, and any guardian ad litem or attorney for the child.
  340  If a parent is unavailable or unable to consent or withholds
  341  consent and the court determines that access to the records and
  342  information is necessary in order to provide services to the
  343  child, the court shall issue an order granting access. The court
  344  may also order the parents to The parent or legal guardian shall
  345  provide all known medical information to the department and to
  346  any others granted access under this subsection.
  347         (c)The court shall request that the parents consent to
  348  provide access to the child’s education records and provide
  349  information to the court, the department or its contract
  350  agencies, and any guardian ad litem or attorney for the child.
  351  If a parent is unavailable or unable to consent or withholds
  352  consent and the court determines that access to the records and
  353  information is necessary in order to provide services to the
  354  child, the court shall issue an order granting access.
  355         Section 4. Subsection (8) of section 39.701, Florida
  356  Statutes, is amended to read:
  357         39.701 Judicial review.—
  358         (8) The court and any citizen review panel shall take into
  359  consideration the information contained in the social services
  360  study and investigation and all medical, psychological, and
  361  educational records that support the terms of the case plan;
  362  testimony by the social services agency, the parent, the foster
  363  parent or legal custodian, the guardian ad litem or surrogate
  364  parent for educational decisionmaking if one has been appointed
  365  for the child, and any other person deemed appropriate; and any
  366  relevant and material evidence submitted to the court, including
  367  written and oral reports to the extent of their probative value.
  368  These reports and evidence may be received by the court in its
  369  effort to determine the action to be taken with regard to the
  370  child and may be relied upon to the extent of their probative
  371  value, even though not competent in an adjudicatory hearing. In
  372  its deliberations, the court and any citizen review panel shall
  373  seek to determine:
  374         (a) If the parent was advised of the right to receive
  375  assistance from any person or social service agency in the
  376  preparation of the case plan.
  377         (b) If the parent has been advised of the right to have
  378  counsel present at the judicial review or citizen review
  379  hearings. If not so advised, the court or citizen review panel
  380  shall advise the parent of such right.
  381         (c) If a guardian ad litem needs to be appointed for the
  382  child in a case in which a guardian ad litem has not previously
  383  been appointed or if there is a need to continue a guardian ad
  384  litem in a case in which a guardian ad litem has been appointed.
  385         (d)Who holds the rights to make educational decisions for
  386  the child if the child has or is suspected of having a
  387  disability, as defined in s. 1003.01(3).
  388         (e)(d) The compliance or lack of compliance of all parties
  389  with applicable items of the case plan, including the parents’
  390  compliance with child support orders.
  391         (f)(e) The compliance or lack of compliance with a
  392  visitation contract between the parent and the social service
  393  agency for contact with the child, including the frequency,
  394  duration, and results of the parent-child visitation and the
  395  reason for any noncompliance.
  396         (g)(f) The compliance or lack of compliance of the parent
  397  in meeting specified financial obligations pertaining to the
  398  care of the child, including the reason for failure to comply if
  399  such is the case.
  400         (h)(g) Whether the child is receiving safe and proper care
  401  according to s. 39.6012, including, but not limited to, the
  402  appropriateness of the child’s current placement, including
  403  whether the child is in a setting that is as family-like and as
  404  close to the parent’s home as possible, consistent with the
  405  child’s best interests and special needs, and including
  406  maintaining stability in the child’s educational placement, as
  407  documented by assurances from the community-based care provider
  408  that:
  409         1.The placement of the child takes into account the
  410  appropriateness of the current educational setting and the
  411  proximity to the school in which the child is enrolled at the
  412  time of placement.
  413         2.The community-based care agency has coordinated with
  414  appropriate school district to ensure that the child remains in
  415  the school in which the child is enrolled at the time of
  416  placement.
  417         (i)(h) A projected date likely for the child’s return home
  418  or other permanent placement.
  419         (j)(i) When appropriate, the basis for the unwillingness or
  420  inability of the parent to become a party to a case plan. The
  421  court and the citizen review panel shall determine if the
  422  efforts of the social service agency to secure party
  423  participation in a case plan were sufficient.
  424         (k)(j) For a child who has reached 13 years of age but is
  425  not yet 18 years of age, the adequacy of the child’s preparation
  426  for adulthood and independent living.
  427         (l)(k) If amendments to the case plan are required.
  428  Amendments to the case plan must be made under s. 39.6013.
  429         Section 5. Paragraph (f) of subsection (1) and paragraph
  430  (g) of subsection (4) of section 1003.21, Florida Statutes, are
  431  amended to read:
  432         1003.21 School attendance.—
  433         (1)
  434         (f) Homeless children, as defined in s. 1003.01, and
  435  children who are known to the department, as defined in s.
  436  39.0016, must have access to a free public education and must be
  437  admitted to school in the school district in which they or their
  438  families live. School districts shall assist homeless children
  439  and children who are known to the department to meet the
  440  requirements of subsection (4) and s. 1003.22, as well as local
  441  requirements for documentation.
  442         (4) Before admitting a child to kindergarten, the principal
  443  shall require evidence that the child has attained the age at
  444  which he or she should be admitted in accordance with the
  445  provisions of subparagraph (1)(a)2. The district school
  446  superintendent may require evidence of the age of any child whom
  447  he or she believes to be within the limits of compulsory
  448  attendance as provided for by law. If the first prescribed
  449  evidence is not available, the next evidence obtainable in the
  450  order set forth below shall be accepted:
  451         (g) If none of these evidences can be produced, an
  452  affidavit of age sworn to by the parent, accompanied by a
  453  certificate of age signed by a public health officer or by a
  454  public school physician, or, if neither of these is available in
  455  the county, by a licensed practicing physician designated by the
  456  district school board, which certificate states that the health
  457  officer or physician has examined the child and believes that
  458  the age as stated in the affidavit is substantially correct. A
  459  homeless child, as defined in s. 1003.01, and a child who is
  460  known to the department, as defined in s. 39.0016, shall be
  461  given temporary exemption from this section for 30 school days.
  462         Section 6. Subsection (1) and paragraph (e) of subsection
  463  (5) of section 1003.22, Florida Statutes, are amended to read:
  464         1003.22 School-entry health examinations; immunization
  465  against communicable diseases; exemptions; duties of Department
  466  of Health.—
  467         (1) Each district school board and the governing authority
  468  of each private school shall require that each child who is
  469  entitled to admittance to kindergarten, or is entitled to any
  470  other initial entrance into a public or private school in this
  471  state, present a certification of a school-entry health
  472  examination performed within 1 year prior to enrollment in
  473  school. Each district school board, and the governing authority
  474  of each private school, may establish a policy that permits a
  475  student up to 30 school days to present a certification of a
  476  school-entry health examination. A homeless child, as defined in
  477  s. 1003.01, and a child who is known to the department, as
  478  defined in s. 39.0016, shall be given a temporary exemption for
  479  30 school days. Any district school board that establishes such
  480  a policy shall include provisions in its local school health
  481  services plan to assist students in obtaining the health
  482  examinations. However, any child shall be exempt from the
  483  requirement of a health examination upon written request of the
  484  parent of the child stating objections to the examination on
  485  religious grounds.
  486         (5) The provisions of this section shall not apply if:
  487         (e) An authorized school official issues a temporary
  488  exemption, for a period not to exceed 30 school days, to permit
  489  a student who transfers into a new county to attend class until
  490  his or her records can be obtained. A homeless child, as defined
  491  in s. 1003.01, and a child who is known to the department, as
  492  defined in s. 39.0016, shall be given a temporary exemption for
  493  30 school days. The public school health nurse or authorized
  494  private school official is responsible for followup of each such
  495  student until proper documentation or immunizations are
  496  obtained. An exemption for 30 days may be issued for a student
  497  who enters a juvenile justice program to permit the student to
  498  attend class until his or her records can be obtained or until
  499  the immunizations can be obtained. An authorized juvenile
  500  justice official is responsible for followup of each student who
  501  enters a juvenile justice program until proper documentation or
  502  immunizations are obtained.
  503         Section 7. Subsections (3) and (4) are added to section
  504  1003.57, Florida Statutes, to read:
  505         1003.57 Exceptional students instruction.—
  506         (3)(a)For purposes of this subsection and subsection (4),
  507  the term:
  508         1.“Agency” means the Department of Children and Family
  509  Services or its contracted lead agency, the Agency for Persons
  510  with Disabilities, and the Agency for Health Care
  511  Administration.
  512         2.“Exceptional student” means an exceptional student, as
  513  defined in s. 1003.01, who has a disability.
  514         3.“Receiving school district” means the district in which
  515  a private residential care facility is located.
  516         4.“Placement” means the funding or arrangement of funding
  517  by an agency for all or a part of the cost for an exceptional
  518  student to reside in a private residential care facility and the
  519  placement crosses school district lines.
  520         (b)Within 10 business days after an exceptional student is
  521  placed in a private residential care facility by an agency, the
  522  agency or private residential care facility licensed by the
  523  agency, as appropriate, shall provide written notification of
  524  the placement to the school district where the student is
  525  currently counted for funding purposes under s. 1011.62 and the
  526  receiving school district. This paragraph applies when the
  527  placement is for the primary purpose of addressing residential
  528  or other noneducational needs and the placement crosses school
  529  district lines.
  530         (c)Within 10 business days after receiving the
  531  notification, the receiving school district must review the
  532  student’s individual educational plan (IEP) to determine if the
  533  student’s IEP can be implemented by the receiving school
  534  district or by a provider or facility under contract with the
  535  receiving school district. The receiving school district shall:
  536         1.Provide educational instruction to the student;
  537         2.Contract with another provider or facility to provide
  538  the educational instruction;
  539         3.Contract with the private residential care facility in
  540  which the student resides to provide the educational
  541  instruction; or
  542         4.Decline to provide or contract for educational
  543  instruction.
  544  
  545  If the receiving school district declines to provide or contract
  546  for the educational instruction, the school district in which
  547  the legal residence of the student is located shall provide or
  548  contract for the educational instruction to the student. The
  549  school district that provides educational instruction or
  550  contracts to provide educational instruction shall report the
  551  student for funding purposes pursuant s. 1011.62.
  552         (d)1.The Department of Education, in consultation with the
  553  agencies and school districts, shall develop procedures for
  554  written notification to school districts regarding the placement
  555  of an exceptional student in a residential care facility. The
  556  procedures must:
  557         a.Provide for written notification of a placement that
  558  crosses school district lines; and
  559         b.Identify the entity responsible for the notification for
  560  each facility that is operated, licensed, or regulated by an
  561  agency.
  562         2.The State Board of Education shall adopt the procedures
  563  by rule pursuant to ss. 120.536(1) and 120.54 and the agencies
  564  shall implement the procedures.
  565  
  566  The requirements of paragraphs (c) and (d) do not apply to
  567  written agreements among school districts which specify each
  568  school district’s responsibility for providing and paying for
  569  educational services to an exceptional student in a residential
  570  care facility. However, each agreement must require a school
  571  district to review the student’s IEP within 10 business days
  572  after receiving the notification required under paragraph (b).
  573         (4)The Department of Education and agencies shall enter
  574  into an agreement for interagency coordination regarding the
  575  placement of exceptional students in residential facilities,
  576  consistent with federal law and regulations, on or before
  577  January 1, 2010. The agreement shall identify the
  578  responsibilities of each party and ensure that students receive
  579  special education and related services necessary to receive a
  580  free appropriate public education. The agreement shall also
  581  establish procedures for:
  582         (a)Resolving interagency disputes;
  583         (b)Ensuring the provision of services during the pendency
  584  of a dispute; and
  585         (c)Ensuring continued Medicaid eligibility as deemed
  586  appropriate.
  587         Section 8. This act shall take effect July 1, 2009.