Current through Reg. 50, No. 187; September 24, 2024
(1)
School stability (for school-age children) and child care or early education
program stability (for birth to school age) will be prioritized for children in
out-of-home care, unless it is not in the best interest of the child to remain
in the school or program of origin as documented in the child welfare
information system. For purposes of this rule, child care and early education
programs for infants and toddlers are collectively referred to as "programs."
(a) The child welfare professional shall
request a multidisciplinary team (MDT) staffing, pursuant to Section
39.4022, F.S., when a child has
an educational change pursuant to Section
39.4023(2)(a),
F.S.
(b) The child welfare
professional shall invite all participants outlined in Section 39.4023(4)(c)3.,
F.S., and or any other party deemed necessary to the MDT staffing to determine
if it is in the child's best interest to remain in the program or school of
origin and, if not, which school or program the child will attend in the
future. Participants may attend the MDT utilizing methods outlined in Section
39.4023(4)(c)3., F.S.
(c)
Educational settings include any setting set forth in Section
1002.20(6),
F.S.
(d) Child care or early
educational settings include any setting defined in Sections
402.302(2), (8), and
(11), F.S., or set forth in Section
39.604(5)(b),
F.S.
(e) At minimum, factors
pursuant to Section 39.4023(4)(c)4. and Section 39.4023(4)(c)5., F.S., must be
considered when making a determination for the child's educational
change.
(f) The child welfare
professional shall document the best interest determination for changing the
child's educational setting or program and recommendation of each participant
on the Education Transition Plan, form CF-FSP 5462, (June 2022), incorporated
by reference and available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-14521.
(g) The child welfare professional shall
develop an individualized transition plan pursuant to Section
39.4023(4)(e),
F.S., each time a child makes a school change, child care, or early education
change.
1. When a school, child care, or early
education program change occurs as a result of a placement change, the
transition plan shall follow the guidelines and timeframes pursuant to Section
39.4023(3)(d),
F.S.
2. Transition plans must be
completed immediately following the MDT, but no later than 24 hours, when the
MDT reaches a unanimous decision and changes to the school, child-care, or
early education program are not related to the child's placement change. If the
MDT cannot reach a unanimous decision, the transition plan must be completed
after the Department representative renders a final decision, but no later than
five (5) business days from the Department's decision.
(h) If remaining in the child care or early
education program of origin is deemed to not be in the child's best interest,
then the change in programs shall be made in accordance with Sections
39.604(6) and
39.4023(4)(d),
F.S.
(2) School
Enrollment and Records. When a child enters care or changes schools as the
result of a change in placement or any other reason, the child welfare
professional responsible for the case shall immediately prepare and submit the
necessary paperwork, in accordance with local agreement, to notify the child's
school that the child is in out-of-home care. If the child changes schools, the
child welfare professional shall provide the child's new school with any
documentation in the child's record that is required for enrollment.
(3) Documentation of the best interest
determination to change the child's school shall be provided by the child
welfare professional to the child's new school.
(4) When a child remains in the school of
origin, the child welfare professional shall, in accordance with local
agreement, contact the foster care liaison or other designees as identified
within the school district for the child's school of origin to make
arrangements for transportation to the school of origin, in accordance with
local agreement.
(5) Special
Education Considerations.
(a) When a child
has, is suspected of having, or is identified in any assessment of having a
disability, the child welfare professional shall communicate with the child's
parent or legal guardian to determine if they are willing and able to continue
to serve as the child's educational decision maker.
(b) If the child's parent or legal guardian
is unwilling or unable to serve as the child's educational decision maker, the
child welfare professional shall determine whether the out-of-home caregiver,
excluding child-caring agency staff and therapeutic foster parents, is willing
and able to attend the necessary training and to serve as the child's surrogate
parent.
(c) If the child's parent,
legal guardian, or out-of-home caregiver is unable to act as the child's
educational decision maker, the child welfare professional shall request the
Children's Legal Services (CLS) attorney seek the appointment of a surrogate
parent from the dependency court or the district school
superintendent.
(6)
Documentation. The child welfare professional shall document in the child
welfare information system the following for each child:
(a) Information about the current school,
educational setting, child care, or early education program of the
child.
(b) All schools, or
educational settings, child care, or early education programs the child has
attended since the date the child has been in out-of-home care.
(c) The length of time the child has spent in
each school, educational setting, child care, or early education
program.
(d) The number of high
school credits each child age 14 years or older has earned.
(e) The child's surrogate parent, if one has
been appointed.
(f) The reason for
any change in the child's educational or program setting.
(g) Information regarding the child's
educational or program records shall be uploaded in the child welfare
information system in the File Cabinet (Image Category selected is
"Education"), which may include:
1. Report
cards;
2. Transcripts;
3. Individual Education Plan; and
4. A 504 plan.
(h) The Education Transition Plan, form
CF-FSP 5462, shall be uploaded to the child welfare information system meeting
module using the meeting type of Placement-Transition, Educational Transitions,
or Child Care/Early Childhood Transitions.
Rulemaking Authority
39.012,
39.0121(13),
39.4022(11),
39.4023 FS. Law Implemented
39.0016, 39.6012(2)(b)4.,
39.604,
39.4022,
39.4023 FS.
New 5-8-16, Amended 6-15-17, 2-14-19, Amended
7-27-22.
