Meeting the Child's Educational Needs  

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    DEPARTMENT OF CHILDREN AND FAMILIES

    Family Safety and Preservation Program

    RULE NO.:RULE TITLE:

    65C-28.018Meeting the Child's Educational Needs

    NOTICE OF CHANGE

    Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 43 No. 35, February 21, 2017 issue of the Florida Administrative Register.

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

    (1) Maintaining the child’s school stability while in out-of-home care is first priority, unless remaining in the school of origin is not in the best interest of the child as documented in the Florida Safe Families Network (FSFN).

    (a) The child welfare professional will work with the caregiver, child’s parent or guardian, guardian ad litem, child’s attorney, and educational surrogate, (if appointed), teachers, guidance counselors, and school district representative or foster care liaison to ensure school stability for the child:

    (b) No change.

    (c) Factors to be considered in making a determination that remaining in the school of origin is not in the child’s best interest shall include:

    1. through 4. No change

    5. Whether the child is suspected of having a disability under the Individuals with Disabilities Education Act (IDEA) or Section 504 of the Rehabilitation Act (Section 504), or has begun receiving interventions under Florida’s multi-tiered system of supports; The ability to implement a 504 Plan, an Individual Education Plan (I.E.P), or other special education services, if applicable.

    6. Whether the child has an evaluation pending for special education and related services under IDEA or Section 504;

    7. Whether the child is a student with a disability under the IDEA who is receiving special education and related services or a student with a disability under Section 504 who is receiving accommodations and services and, if so, the availability of those required services in a school other than the school of origin;

    8. Whether the child is an English Language Learner (ELL) student and is receiving language services, and, if so, the availability of those required services in a school other than the school of origin;

    6. through 7. are renumbered 9. through 10. No change.

    118. The child’s known medical and behavioral health needs.

    9. through 12. are renumbered 12. through 15. No change.

    (d) through (f) No change.

    (2) No change.

    (3) Documentation of the best interest determination to change the child’s school of origin shall be provided by the child welfare professional to the child’s new school.

    (4) No change.

    (5) Special Education Considerations.

    (a) through (b) No change.

    (c) If the child’s parent, legal guardian, or out-of-home caregiver is unable able to act as the child’s educational decision maker serve as the child’s surrogate parent, the child welfare professional shall request the Children’s Legal Services (CLS) attorney seek the appointment of the parent, legal guardian, or out-of-home caregiver as a surrogate parent from the dependency court or the district school superintendent

    (d) If the child’s parent, legal guardian, or out-of-home caregiver is not able to serve as the child’s surrogate parent, the child welfare professional shall request the CLS attorney toseek the appointment of a surrogate parent from the dependency court or the district school superintendent.

    (6) Documentation. The child welfare professional shall document in FSFN the following for each child:

    (a) through (f) No change.

    (g) Information regarding the child’s educational records, which may include:

    1. through 3. No change.

    4. A 504 plan, developed under the provisions of Section 504 of the Rehabilitation Act of 1973.

    Rulemaking Authority 39.012, 39.0121(13) FS. Law Implemented 39.0016, 39.6012(2)(b)4. FS. History–New 5-8-16. Amended_____.