65C-28.018. Meeting the Child's Educational Needs

(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. History–New 5-8-16, Amended 6-15-17, 2-14-19, Amended 7-27-22.