CS for CS for CS for SB 1128                     First Engrossed
       
       
       
       
       
       
       
       
       20091128e1
       
    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 and requirements for district
    7         school superintendent or court appointment of a
    8         surrogate parent for educational decisionmaking for a
    9         child who has or is suspected of having a disability;
   10         providing requirements for educational placement;
   11         providing requirements relating to qualifications and
   12         responsibilities of surrogate parents; limiting
   13         liability; amending s. 39.202, F.S.; providing for
   14         access to certain records to liaisons between school
   15         districts and the Department of Children and Family
   16         Services; amending s. 39.402, F.S.; requiring access
   17         to a child’s medical records and educational records
   18         if a child is placed in a shelter; authorizing
   19         appointment of a surrogate parent; amending s. 39.701,
   20         F.S.; requiring the court and citizen review panel in
   21         judicial reviews to consider testimony by a surrogate
   22         parent for educational decisionmaking; providing for
   23         additional deliberations relating to appointment of an
   24         educational decisionmaker; requiring certain
   25         documentation relating to the educational setting;
   26         amending s. 1003.21, F.S.; providing access to free
   27         public education for children known to the department;
   28         authorizing a temporary exemption relating to school
   29         attendance; amending s. 1003.22, F.S.; authorizing a
   30         temporary exemption from school-entry health
   31         examinations for children known to the department;
   32         amending s. 1003.57, F.S.; providing definitions;
   33         requiring the Department of Children and Family
   34         Services, the Agency for Health Care Administration,
   35         and residential facilities licensed by the Agency for
   36         Persons with Disabilities to notify certain school
   37         districts following the placement of an exceptional
   38         student in a private residential care facility;
   39         requiring that an exceptional student be enrolled in
   40         school; requiring review of the student’s individual
   41         educational plan; providing for determining
   42         responsibility for educational instruction; requiring
   43         the school district to report the student for funding
   44         purposes; requiring the Department of Education, in
   45         consultation with specified agencies, to develop
   46         procedures for the placement of students in
   47         residential care facilities; requiring the State Board
   48         of Education to adopt rules; requiring a cooperative
   49         agreement between the Department of Education and
   50         agencies, to be executed on or before January 1, 2010;
   51         prescribing conditions and requirements for the
   52         agreement; providing an effective date.
   53  
   54  Be It Enacted by the Legislature of the State of Florida:
   55  
   56         Section 1. Section 39.0016, Florida Statutes, is amended to
   57  read:
   58         39.0016 Education of abused, neglected, and abandoned
   59  children; agency agreements; children having or suspected of
   60  having a disability.—
   61         (1) DEFINITIONS.—As used in this section, the term:
   62         (a) “Children known to the department” means children who
   63  are found to be dependent or children in shelter care.
   64         (b) “Department” means the Department of Children and
   65  Family Services or a community-based care lead agency acting on
   66  behalf of the Department of Children and Family Services, as
   67  appropriate.
   68         (c)“Surrogate parent” means an individual appointed to act
   69  in the place of a parent in educational decisionmaking and in
   70  safeguarding a child’s rights under the Individuals with
   71  Disabilities Education Act and this section.
   72         (2)The provisions of this section establish goals and not
   73  rights. This section does not require the delivery of any
   74  particular service or level of service in excess of existing
   75  appropriations. A person may not maintain a cause of action
   76  against the state or any of its subdivisions, agencies,
   77  contractors, subcontractors, or agents based upon this section
   78  becoming law or failure by the Legislature to provide adequate
   79  funding for the achievement of these goals. This section does
   80  not require the expenditure of funds to meet the goals
   81  established in this section except funds specifically
   82  appropriated for such purpose.
   83         (2)AGENCY AGREEMENTS.—
   84         (a)(3) The department shall enter into an agreement with
   85  the Department of Education regarding the education and related
   86  care of children known to the department. Such agreement shall
   87  be designed to provide educational access to children known to
   88  the department for the purpose of facilitating the delivery of
   89  services or programs to children known to the department. The
   90  agreement shall avoid duplication of services or programs and
   91  shall provide for combining resources to maximize the
   92  availability or delivery of services or programs.
   93         (b)(4) The department shall enter into agreements with
   94  district school boards or other local educational entities
   95  regarding education and related services for children known to
   96  the department who are of school age and children known to the
   97  department who are younger than school age but who would
   98  otherwise qualify for services from the district school board.
   99  Such agreements shall include, but are not limited to:
  100         1.(a) A requirement that the department shall:
  101         a.1. Enroll children known to the department in school. The
  102  agreement shall provide for continuing the enrollment of a child
  103  known to the department at the same school, if possible, with
  104  the goal of avoiding disruption of education.
  105         b.2. Notify the school and school district in which a child
  106  known to the department is enrolled of the name and phone number
  107  of the child known to the department caregiver and caseworker
  108  for child safety purposes.
  109         c.3. Establish a protocol for the department to share
  110  information about a child known to the department with the
  111  school district, consistent with the Family Educational Rights
  112  and Privacy Act, since the sharing of information will assist
  113  each agency in obtaining education and related services for the
  114  benefit of the child.
  115         d.4. Notify the school district of the department’s case
  116  planning for a child known to the department, both at the time
  117  of plan development and plan review. Within the plan development
  118  or review process, the school district may provide information
  119  regarding the child known to the department if the school
  120  district deems it desirable and appropriate.
  121         2.(b) A requirement that the district school board shall:
  122         a.1. Provide the department with a general listing of the
  123  services and information available from the district school
  124  board, including, but not limited to, the current Sunshine State
  125  Standards, the Surrogate Parent Training Manual, and other
  126  resources accessible through the Department of Education or
  127  local school districts to facilitate educational access for a
  128  child known to the department.
  129         b.2. Identify all educational and other services provided
  130  by the school and school district which the school district
  131  believes are reasonably necessary to meet the educational needs
  132  of a child known to the department.
  133         c.3. Determine whether transportation is available for a
  134  child known to the department when such transportation will
  135  avoid a change in school assignment due to a change in
  136  residential placement. Recognizing that continued enrollment in
  137  the same school throughout the time the child known to the
  138  department is in out-of-home care is preferable unless
  139  enrollment in the same school would be unsafe or otherwise
  140  impractical, the department, the district school board, and the
  141  Department of Education shall assess the availability of
  142  federal, charitable, or grant funding for such transportation.
  143         d.4. Provide individualized student intervention or an
  144  individual educational plan when a determination has been made
  145  through legally appropriate criteria that intervention services
  146  are required. The intervention or individual educational plan
  147  must include strategies to enable the child known to the
  148  department to maximize the attainment of educational goals.
  149         3.(c) A requirement that the department and the district
  150  school board shall cooperate in accessing the services and
  151  supports needed for a child known to the department who has or
  152  is suspected of having a disability to receive an appropriate
  153  education consistent with the Individuals with Disabilities
  154  Education Act and state implementing laws, rules, and
  155  assurances. Coordination of services for a child known to the
  156  department who has or is suspected of having a disability may
  157  include:
  158         a.1. Referral for screening.
  159         b.2. Sharing of evaluations between the school district and
  160  the department where appropriate.
  161         c.3. Provision of education and related services
  162  appropriate for the needs and abilities of the child known to
  163  the department.
  164         d.4. Coordination of services and plans between the school
  165  and the residential setting to avoid duplication or conflicting
  166  service plans.
  167         e.5. Appointment of a surrogate parent, consistent with the
  168  Individuals with Disabilities Education Act and pursuant to
  169  subsection (3), for educational purposes for a child known to
  170  the department who qualifies as soon as the child is determined
  171  to be dependent and without a parent to act for the child. The
  172  surrogate parent shall be appointed by the school district
  173  without regard to where the child known to the department is
  174  placed so that one surrogate parent can follow the education of
  175  the child known to the department during his or her entire time
  176  in state custody.
  177         f.6. For each child known to the department 14 years of age
  178  and older, transition planning by the department and all
  179  providers, including the department’s independent living program
  180  staff, to meet the requirements of the local school district for
  181  educational purposes.
  182         (c)This subsection establishes standards and not rights.
  183  This subsection does not require the delivery of any particular
  184  service or level of service in excess of existing
  185  appropriations. A person may not maintain a cause of action
  186  against the state or any of its subdivisions, agencies,
  187  contractors, subcontractors, or agents based upon this
  188  subsection becoming law or failure by the Legislature to provide
  189  adequate funding for the achievement of these standards. This
  190  subsection does not require the expenditure of funds to meet the
  191  standards established in this subsection except funds
  192  specifically appropriated for such purpose.
  193         (3)CHILDREN HAVING OR SUSPECTED OF HAVING A DISABILITY.—
  194         (a)1.The Legislature finds that disability is a natural
  195  part of the human experience and in no way diminishes the right
  196  of individuals to participate in or contribute to society.
  197  Improving educational results for children with disabilities is
  198  an essential element of our public policy of ensuring equality
  199  of opportunity, full participation, independent living, and
  200  economic self-sufficiency for individuals with disabilities.
  201         2.The Legislature also finds that research and experience
  202  have shown that the education of children with disabilities can
  203  be made more effective by:
  204         a.Having high expectations for these children and ensuring
  205  their access to the general education curriculum in the regular
  206  classroom, to the maximum extent possible.
  207         b.Providing appropriate exceptional student education,
  208  related services, and aids and supports in the least restrictive
  209  environment appropriate for these children.
  210         c.Having a trained, interested, and consistent educational
  211  decisionmaker for the child when the parent is determined to be
  212  legally unavailable or when the foster parent is unwilling, has
  213  no significant relationship with the child, or is not trained in
  214  the exceptional student education process.
  215         3.It is, therefore, the intent of the Legislature that all
  216  children with disabilities known to the department, consistent
  217  with the Individuals with Disabilities Education Act, have
  218  available to them a free, appropriate public education that
  219  emphasizes exceptional student education and related services
  220  designed to meet their unique needs and prepare them for further
  221  education, employment, and independent living and that the
  222  rights of children with disabilities are protected.
  223         (b)1. Each district school superintendent or dependency
  224  court must appoint a surrogate parent for a child known to the
  225  department who has or is suspected of having a disability, as
  226  defined in s. 1003.01(3), when:
  227         a. After reasonable efforts, no parent can be located; or
  228         b. A court of competent jurisdiction over a child under
  229  this chapter has determined that no person has the authority
  230  under the Individuals with Disabilities Education Act, including
  231  the parent or parents subject to the dependency action, or that
  232  no person has the authority, willingness, or ability to serve as
  233  the educational decisionmaker for the child without judicial
  234  action.
  235         2. A surrogate parent appointed by the district school
  236  superintendent or the court must be at least 18 years old and
  237  have no personal or professional interest that conflicts with
  238  the interests of the student to be represented. Neither the
  239  district school superintendent nor the court may appoint an
  240  employee of the Department of Education, the local school
  241  district, a community-based care provider, the Department of
  242  Children and Family Services, or any other public or private
  243  agency involved in the education or care of the child as
  244  appointment of those persons is prohibited by federal law. This
  245  prohibition includes group home staff and therapeutic foster
  246  parents. However, a person who acts in a parental role to a
  247  child, such as a foster parent or relative caregiver, is not
  248  prohibited from serving as a surrogate parent if he or she is
  249  employed by such agency, willing to serve, and knowledgeable
  250  about the child and the exceptional student education process.
  251  The surrogate parent may be a court-appointed guardian ad litem
  252  or a relative or nonrelative adult who is involved in the
  253  child’s life regardless of whether that person has physical
  254  custody of the child. Each person appointed as a surrogate
  255  parent must have the knowledge and skills acquired by
  256  successfully completing training using materials developed and
  257  approved by the Department of Education to ensure adequate
  258  representation of the child.
  259         3. If a guardian ad litem has been appointed for a child,
  260  the district school superintendent must first consider the
  261  child’s guardian ad litem when appointing a surrogate parent.
  262  The district school superintendent must accept the appointment
  263  of the court if he or she has not previously appointed a
  264  surrogate parent. Similarly, the court must accept a surrogate
  265  parent duly appointed by a district school superintendent.
  266         4. A surrogate parent appointed by the district school
  267  superintendent or the court must be accepted by any subsequent
  268  school or school district without regard to where the child is
  269  receiving residential care so that a single surrogate parent can
  270  follow the education of the child during his or her entire time
  271  in state custody. Nothing in this paragraph or in rule shall
  272  limit or prohibit the continuance of a surrogate parent
  273  appointment when the responsibility for the student’s
  274  educational placement moves among and between public and private
  275  agencies.
  276         5. For a child known to the department, the responsibility
  277  to appoint a surrogate parent resides with both the district
  278  school superintendent and the court with jurisdiction over the
  279  child. If the court elects to appoint a surrogate parent, notice
  280  shall be provided as soon as practicable to the child’s school.
  281  At any time the court determines that it is in the best
  282  interests of a child to remove a surrogate parent, the court may
  283  appoint a new surrogate parent for educational decisionmaking
  284  purposes for that child.
  285         6. The surrogate parent shall continue in the appointed
  286  role until one of the following occurs:
  287         a. The child is determined to no longer be eligible or in
  288  need of special programs, except when termination of special
  289  programs is being contested.
  290         b. The child achieves permanency through adoption or legal
  291  guardianship and is no longer in the custody of the department.
  292         c. The parent who was previously unknown becomes known,
  293  whose whereabouts were unknown is located, or who was
  294  unavailable is determined by the court to be available.
  295         d. The appointed surrogate no longer wishes to represent
  296  the child or is unable to represent the child.
  297         e. The superintendent of the school district in which the
  298  child is attending school, the Department of Education contract
  299  designee, or the court that appointed the surrogate determines
  300  that the appointed surrogate parent no longer adequately
  301  represents the child.
  302         f. The child moves to a geographic location that is not
  303  reasonably accessible to the appointed surrogate.
  304         7. The appointment and termination of appointment of a
  305  surrogate under this paragraph shall be entered as an order of
  306  the court with a copy of the order provided to the child’s
  307  school as soon as practicable.
  308         8. The person appointed as a surrogate parent under this
  309  paragraph must:
  310         a. Be acquainted with the child and become knowledgeable
  311  about his or her disability and educational needs.
  312         b. Represent the child in all matters relating to
  313  identification, evaluation, and educational placement and the
  314  provision of a free and appropriate education to the child.
  315         c. Represent the interests and safeguard the rights of the
  316  child in educational decisions that affect the child.
  317         9. The responsibilities of the person appointed as a
  318  surrogate parent shall not extend to the care, maintenance,
  319  custody, residential placement, or any other area not
  320  specifically related to the education of the child, unless the
  321  same person is appointed by the court for such other purposes.
  322         10. A person appointed as a surrogate parent shall enjoy
  323  all of the procedural safeguards afforded a parent with respect
  324  to the identification, evaluation, and educational placement of
  325  a student with a disability or a student who is suspected of
  326  having a disability.
  327         11. A person appointed as a surrogate parent shall not be
  328  held liable for actions taken in good faith on behalf of the
  329  student in protecting the special education rights of the child.
  330         (4)(5)TRAINING.—The department shall incorporate an
  331  education component into all training programs of the department
  332  regarding children known to the department. Such training shall
  333  be coordinated with the Department of Education and the local
  334  school districts. The department shall offer opportunities for
  335  education personnel to participate in such training. Such
  336  coordination shall include, but not be limited to, notice of
  337  training sessions, opportunities to purchase training materials,
  338  proposals to avoid duplication of services by offering joint
  339  training, and incorporation of materials available from the
  340  Department of Education and local school districts into the
  341  department training when appropriate. The department training
  342  components shall include:
  343         (a) Training for surrogate parents to include how an
  344  ability to learn of a child known to the department is affected
  345  by abuse, abandonment, neglect, and removal from the home.
  346         (b) Training for parents in cases in which reunification is
  347  the goal, or for preadoptive parents when adoption is the goal,
  348  so that such parents learn how to access the services the child
  349  known to the department needs and the importance of their
  350  involvement in the education of the child known to the
  351  department.
  352         (c) Training for caseworkers and foster parents to include
  353  information on the right of the child known to the department to
  354  an education, the role of an education in the development and
  355  adjustment of a child known to the department, the proper ways
  356  to access education and related services for the child known to
  357  the department, and the importance and strategies for parental
  358  involvement in education for the success of the child known to
  359  the department.
  360         (d) Training of caseworkers regarding the services and
  361  information available through the Department of Education and
  362  local school districts, including, but not limited to, the
  363  current Sunshine State Standards, the Surrogate Parent Training
  364  Manual, and other resources accessible through the Department of
  365  Education or local school districts to facilitate educational
  366  access for a child known to the department.
  367         Section 2. Paragraph (p) of subsection (2) of section
  368  39.202, Florida Statutes, is amended to read:
  369         39.202 Confidentiality of reports and records in cases of
  370  child abuse or neglect.—
  371         (2) Except as provided in subsection (4), access to such
  372  records, excluding the name of the reporter which shall be
  373  released only as provided in subsection (5), shall be granted
  374  only to the following persons, officials, and agencies:
  375         (p) An employee of the local school district who is
  376  designated as a liaison between the school district and the
  377  department pursuant to an interagency agreement required under
  378  s. 39.0016 and the principal of a public school, private school,
  379  or charter school where the child is a student. Information
  380  contained in the records which the liaison or the principal
  381  determines are necessary for a school employee to effectively
  382  provide a student with educational services may be released to
  383  that employee.
  384         Section 3. Subsection (11) of section 39.402, Florida
  385  Statutes, is amended to read:
  386         39.402 Placement in a shelter.—
  387         (11)(a) If a child is placed in a shelter pursuant to a
  388  court order following a shelter hearing, the court shall require
  389  in the shelter hearing order that the parents of the child, or
  390  the guardian of the child’s estate, if possessed of assets which
  391  under law may be disbursed for the care, support, and
  392  maintenance of the child, to pay, to the department or
  393  institution having custody of the child, fees as established by
  394  the department. When the order affects the guardianship estate,
  395  a certified copy of the order shall be delivered to the judge
  396  having jurisdiction of the guardianship estate. The shelter
  397  order shall also require the parents to provide to the
  398  department and any other state agency or party designated by the
  399  court, within 28 days after entry of the shelter order, the
  400  financial information necessary to accurately calculate child
  401  support pursuant to s. 61.30.
  402         (b) The court shall request that the parents consent to
  403  provide access to the child’s medical records and provide
  404  information to the court, the department or its contract
  405  agencies, and any guardian ad litem or attorney for the child.
  406  If a parent is unavailable or unable to consent or withholds
  407  consent and the court determines access to the records and
  408  information is necessary to provide services to the child, the
  409  court shall issue an order granting access. The court may also
  410  order the parents to The parent or legal guardian shall provide
  411  all known medical information to the department and to any
  412  others granted access under this subsection.
  413         (c) The court shall request that the parents consent to
  414  provide access to the child’s educational records and provide
  415  information to the court, the department or its contract
  416  agencies, and any guardian ad litem or attorney for the child.
  417  If a parent is unavailable or unable to consent or withholds
  418  consent and the court determines access to the records and
  419  information is necessary to provide services to the child, the
  420  court shall issue an order granting access.
  421         (d) The court may appoint a surrogate parent or may refer
  422  the child to the district school superintendent for appointment
  423  of a surrogate parent if the child has or is suspected of having
  424  a disability and the parent is unavailable pursuant to s.
  425  39.0016(3)(b).
  426         Section 4. Subsection (8) of section 39.701, Florida
  427  Statutes, is amended to read:
  428         39.701 Judicial review.—
  429         (8) The court and any citizen review panel shall take into
  430  consideration the information contained in the social services
  431  study and investigation and all medical, psychological, and
  432  educational records that support the terms of the case plan;
  433  testimony by the social services agency, the parent, the foster
  434  parent or legal custodian, the guardian ad litem or surrogate
  435  parent for educational decisionmaking if one has been appointed
  436  for the child, and any other person deemed appropriate; and any
  437  relevant and material evidence submitted to the court, including
  438  written and oral reports to the extent of their probative value.
  439  These reports and evidence may be received by the court in its
  440  effort to determine the action to be taken with regard to the
  441  child and may be relied upon to the extent of their probative
  442  value, even though not competent in an adjudicatory hearing. In
  443  its deliberations, the court and any citizen review panel shall
  444  seek to determine:
  445         (a) If the parent was advised of the right to receive
  446  assistance from any person or social service agency in the
  447  preparation of the case plan.
  448         (b) If the parent has been advised of the right to have
  449  counsel present at the judicial review or citizen review
  450  hearings. If not so advised, the court or citizen review panel
  451  shall advise the parent of such right.
  452         (c) If a guardian ad litem needs to be appointed for the
  453  child in a case in which a guardian ad litem has not previously
  454  been appointed or if there is a need to continue a guardian ad
  455  litem in a case in which a guardian ad litem has been appointed.
  456         (d)Who holds the rights to make educational decisions for
  457  the child. If appropriate, the court may refer the child to the
  458  district school superintendent for appointment of a surrogate
  459  parent or may itself appoint a surrogate parent under the
  460  Individuals with Disabilities Education Act and s. 39.0016.(e).
  461         (d) The compliance or lack of compliance of all parties
  462  with applicable items of the case plan, including the parents’
  463  compliance with child support orders.
  464         (f)(e) The compliance or lack of compliance with a
  465  visitation contract between the parent and the social service
  466  agency for contact with the child, including the frequency,
  467  duration, and results of the parent-child visitation and the
  468  reason for any noncompliance.
  469         (g)(f) The compliance or lack of compliance of the parent
  470  in meeting specified financial obligations pertaining to the
  471  care of the child, including the reason for failure to comply if
  472  such is the case.
  473         (h)(g) Whether the child is receiving safe and proper care
  474  according to s. 39.6012, including, but not limited to, the
  475  appropriateness of the child’s current placement, including
  476  whether the child is in a setting that is as family-like and as
  477  close to the parent’s home as possible, consistent with the
  478  child’s best interests and special needs, and including
  479  maintaining stability in the child’s educational placement, as
  480  documented by assurances from the community-based care provider
  481  that:
  482         1. The placement of the child takes into account the
  483  appropriateness of the current educational setting and the
  484  proximity to the school in which the child is enrolled at the
  485  time of placement.
  486         2. The community-based care agency has coordinated with
  487  appropriate local educational agencies to ensure that the child
  488  remains in the school in which the child is enrolled at the time
  489  of placement.
  490         (i)(h) A projected date likely for the child’s return home
  491  or other permanent placement.
  492         (j)(i) When appropriate, the basis for the unwillingness or
  493  inability of the parent to become a party to a case plan. The
  494  court and the citizen review panel shall determine if the
  495  efforts of the social service agency to secure party
  496  participation in a case plan were sufficient.
  497         (k)(j) For a child who has reached 13 years of age but is
  498  not yet 18 years of age, the adequacy of the child’s preparation
  499  for adulthood and independent living.
  500         (l)(k) If amendments to the case plan are required.
  501  Amendments to the case plan must be made under s. 39.6013.
  502         Section 5. Paragraph (f) of subsection (1) and paragraph
  503  (g) of subsection (4) of section 1003.21, Florida Statutes, are
  504  amended to read:
  505         1003.21 School attendance.—
  506         (1)
  507         (f) Homeless children, as defined in s. 1003.01, and
  508  children who are known to the department, as defined in s.
  509  39.0016, must have access to a free public education and must be
  510  admitted to school in the school district in which they or their
  511  families live. School districts shall assist homeless children
  512  and children who are known to the department to meet the
  513  requirements of subsection (4) and s. 1003.22, as well as local
  514  requirements for documentation.
  515         (4) Before admitting a child to kindergarten, the principal
  516  shall require evidence that the child has attained the age at
  517  which he or she should be admitted in accordance with the
  518  provisions of subparagraph (1)(a)2. The district school
  519  superintendent may require evidence of the age of any child whom
  520  he or she believes to be within the limits of compulsory
  521  attendance as provided for by law. If the first prescribed
  522  evidence is not available, the next evidence obtainable in the
  523  order set forth below shall be accepted:
  524         (g) If none of these evidences can be produced, an
  525  affidavit of age sworn to by the parent, accompanied by a
  526  certificate of age signed by a public health officer or by a
  527  public school physician, or, if neither of these is available in
  528  the county, by a licensed practicing physician designated by the
  529  district school board, which certificate states that the health
  530  officer or physician has examined the child and believes that
  531  the age as stated in the affidavit is substantially correct. A
  532  homeless child, as defined in s. 1003.01, and a child who is
  533  known to the department, as defined in s. 39.0016, shall be
  534  given temporary exemption from this section for 30 school days.
  535         Section 6. Subsection (1) and paragraph (e) of subsection
  536  (5) of section 1003.22, Florida Statutes, are amended to read:
  537         1003.22 School-entry health examinations; immunization
  538  against communicable diseases; exemptions; duties of Department
  539  of Health.—
  540         (1) Each district school board and the governing authority
  541  of each private school shall require that each child who is
  542  entitled to admittance to kindergarten, or is entitled to any
  543  other initial entrance into a public or private school in this
  544  state, present a certification of a school-entry health
  545  examination performed within 1 year prior to enrollment in
  546  school. Each district school board, and the governing authority
  547  of each private school, may establish a policy that permits a
  548  student up to 30 school days to present a certification of a
  549  school-entry health examination. A homeless child, as defined in
  550  s. 1003.01, and a child who is known to the department, as
  551  defined in s. 39.0016, shall be given a temporary exemption for
  552  30 school days. Any district school board that establishes such
  553  a policy shall include provisions in its local school health
  554  services plan to assist students in obtaining the health
  555  examinations. However, any child shall be exempt from the
  556  requirement of a health examination upon written request of the
  557  parent of the child stating objections to the examination on
  558  religious grounds.
  559         (5) The provisions of this section shall not apply if:
  560         (e) An authorized school official issues a temporary
  561  exemption, for a period not to exceed 30 school days, to permit
  562  a student who transfers into a new county to attend class until
  563  his or her records can be obtained. A homeless child, as defined
  564  in s. 1003.01, and a child who is known to the department, as
  565  defined in s. 39.0016, shall be given a temporary exemption for
  566  30 school days. The public school health nurse or authorized
  567  private school official is responsible for followup of each such
  568  student until proper documentation or immunizations are
  569  obtained. An exemption for 30 days may be issued for a student
  570  who enters a juvenile justice program to permit the student to
  571  attend class until his or her records can be obtained or until
  572  the immunizations can be obtained. An authorized juvenile
  573  justice official is responsible for followup of each student who
  574  enters a juvenile justice program until proper documentation or
  575  immunizations are obtained.
  576         Section 7. Subsections (3) and (4) are added to section
  577  1003.57, Florida Statutes, to read:
  578         1003.57 Exceptional students instruction.—
  579         (3)(a) For purposes of this subsection and subsection (4),
  580  the term:
  581         1. “Agency” means the Department of Children and Family
  582  Services or its contracted lead agency, the Agency for Persons
  583  with Disabilities, and the Agency for Health Care
  584  Administration.
  585         2. “Exceptional student” means an exceptional student, as
  586  defined in s. 1003.01, who has a disability.
  587         3. “Receiving school district” means the district in which
  588  a private residential care facility is located.
  589         4. “Placement” means the funding or arrangement of funding
  590  by an agency for all or a part of the cost for an exceptional
  591  student to reside in a private residential care facility and the
  592  placement crosses school district lines.
  593         (b) Within 10 business days after an exceptional student is
  594  placed in a private residential care facility by an agency, the
  595  agency or private residential care facility licensed by the
  596  agency, as appropriate, shall provide written notification of
  597  the placement to the school district where the student is
  598  currently counted for funding purposes under s. 1011.62 and the
  599  receiving school district. The exceptional student shall be
  600  enrolled in school and receive a free and appropriate public
  601  education, special education, and related services while the
  602  notice and procedures regarding payment are pending. This
  603  paragraph applies when the placement is for the primary purpose
  604  of addressing residential or other noneducational needs and the
  605  placement crosses school district lines.
  606         (c)Within 10 business days after receiving the
  607  notification, the receiving school district must review the
  608  student’s individual educational plan (IEP) to determine if the
  609  student’s IEP can be implemented by the receiving school
  610  district or by a provider or facility under contract with the
  611  receiving school district. The receiving school district shall:
  612         1.Provide educational instruction to the student;
  613         2.Contract with another provider or facility to provide
  614  the educational instruction;
  615         3.Contract with the private residential care facility in
  616  which the student resides to provide the educational
  617  instruction; or
  618         4.Decline to provide or contract for educational
  619  instruction.
  620  
  621  If the receiving school district declines to provide or contract
  622  for the educational instruction, the school district in which
  623  the legal residence of the student is located shall provide or
  624  contract for the educational instruction to the student. The
  625  school district that provides educational instruction or
  626  contracts to provide educational instruction shall report the
  627  student for funding purposes pursuant s. 1011.62.
  628         (d)1.The Department of Education, in consultation with the
  629  agencies and school districts, shall develop procedures for
  630  written notification to school districts regarding the placement
  631  of an exceptional student in a residential care facility. The
  632  procedures must:
  633         a.Provide for written notification of a placement that
  634  crosses school district lines; and
  635         b.Identify the entity responsible for the notification for
  636  each facility that is operated, licensed, or regulated by an
  637  agency.
  638         2.The State Board of Education shall adopt the procedures
  639  by rule pursuant to ss. 120.536(1) and 120.54 and the agencies
  640  shall implement the procedures.
  641  
  642  The requirements of paragraphs (c) and (d) do not apply to
  643  written agreements among school districts which specify each
  644  school district’s responsibility for providing and paying for
  645  educational services to an exceptional student in a residential
  646  care facility. However, each agreement must require a school
  647  district to review the student’s IEP within 10 business days
  648  after receiving the notification required under paragraph (b).
  649         (4)The Department of Education and agencies shall enter
  650  into an agreement for interagency coordination regarding the
  651  placement of exceptional students in residential facilities,
  652  consistent with federal law and regulations, on or before
  653  January 1, 2010. The agreement shall identify the
  654  responsibilities of each party and ensure that students receive
  655  special education and related services necessary to receive a
  656  free appropriate public education. The agreement shall also
  657  establish procedures for:
  658         (a)Resolving interagency disputes;
  659         (b)Ensuring the provision of services during the pendency
  660  of a dispute; and
  661         (c)Ensuring continued Medicaid eligibility as deemed
  662  appropriate.
  663         Section 8. This act shall take effect July 1, 2009.