The Department intends to amend rule 65C-28.018, F.A.C., to comply with new statutory requirements in sections 39.4022 and 39.4023, F.S., regarding educational transitions and transition plans for children in out-of-home ....

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NO.:RULE TITLE:

65C-28.018Meeting the Child's Educational Needs

PURPOSE AND EFFECT: The Department intends to amend rule 65C-28.018, F.A.C., to comply with new statutory requirements in sections 39.4022 and 39.4023, F.S., regarding educational transitions and transition plans for children in out-of-home care.

SUMMARY: The amendments accomplish the following: 1) Requires a multidisciplinary team staffing when a child’s educational setting, child care or early educational setting changes; 2) Establishes the purpose of the staffing and requires a written report; 3) Incorporates the School Stability Checklist for Children in Out-of-Home Care form; and 4) Requires a transition plan each time a child makes a school, child care, or early educational change, and details what must be included in the plan.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

A SERC has not been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department used a checklist to conduct an economic analysis and determine if there is an adverse impact or regulatory costs associated with this rule that exceeds the criteria in section 120.541(2)(a), F.S. Based upon this analysis, the Department has determined that the proposed rule is not expected to require legislative ratification. Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

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.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Elizabeth Floyd. Elizabeth can be reached at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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

(1) Maintaining the child’s School 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 while in out-of-home care is first priority, unless it remaining in the school or program of origin 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 Florida Safe Families Network (FSFN). 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 s. 39.4023(2)(a), F.S.

(b)(a) The child welfare professional shall invite will work with the caregiver, child’s parent or guardian, guardian ad litem, child’s attorney, educational surrogate (if appointed), child care and educational staff, including teachers and guidance counselors, and school district representative or foster care liaison or all participants outlined in s. 39. 4023(4)(c)3, F.S., and 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 s. 39.4023(4)(c)3. F.S. ensure school stability for the child:

1. At the time of placement in out-of-home care; and

2. At the time of any subsequent placement changes.

(c)(b) No change.

(d)(c) Child care or early educational settings include any setting defined set forth in subsections 402.302(2), (8), and (11), or set forth in and paragraph 39.604(5)(b), F.S.

(e)(d) At minimum, factors Factors pursuant to s. 39.4023(4)(c)4 and s. 39.4023(4)(c)5 must to be considered in when making a determination for the child’s educational change. that remaining in the school or program of origin is not in the child’s best interest shall include, as applicable:

1. The child’s desire to remain in the school of origin.

2. The preference of the child’s parent(s) or legal guardian.

3. Whether the child has a sibling(s), close friends, and/or a mentor at the school or program of origin.

4. The child’s cultural and community connections in the school or program of origin.

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.

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.

9. The impact a change would have on academic credits and progress towards promotion.

10. The availability of extracurricular activities important to the child.

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

12. The child’s permanency goal and timeframe for achieving permanency.

13. The child’s history of school or program transfers and how they have impacted the child.

14. The length of the commute and how it would impact the child.

15. The length of time the child has attended the school or program of origin.

(e) The cost of transportation cannot be a factor in making the best interest determination.

(f) The child welfare professional shall document and upload in FSFN 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 XXX, (insert date) “School Stability Checklist for Children in Out-of-Home Care,” CF-FSP 5417, October 2018, incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXX https://www.flrules.org/Gateway/reference.asp?No=Ref-10241.

(g)(h) The child welfare professional shall develop an individualized transition plan pursuant to paragraph 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 s. 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. 

(g) If remaining in the school of origin is deemed to not be in the child’s best interest, then the change in educational settings should be made at logical junctures, including during school breaks and at the end of a grading period. Once the decision to transfer the child to another educational setting has been made and a logical juncture identified, the child should be immediately enrolled in the new school at the identified time to avoid any absences in attendance.

(h)(i) 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 subsection 39.604(6) and 39.4023(4)(d) F.S.

(2) through (5) No change. 

(6) Documentation. The child welfare professional shall document in the child welfare information system FSFN in the Education module section under the Education tab in the Education Information or Educational History section the following for each child:

(a) No change.

(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 the custody of the Department.

(c) through (f) No change.

(g) Information regarding the child’s educational or program records shall be uploaded in the child welfare information system FSFN in the File Cabinet (Image Category selected is “Education”), which may include:

1. through 4. No change.

(h) The Education Transition Plan, form CF-FSP XXX, 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 _______

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Monique McCaskill

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Shevaun Harris

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 6, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 28, 2021