FLORIDA DEPARTMENT OF EDUCATION
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STATE BOARD OF EDUCATION
F. PHILIP HANDY,
Chairman
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T. WILLARD FAIR,
Vice Chairman
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Members
LINDA J. EADS, ED.D.
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CHARLES PATRICK GARCÍA
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JULIA L. JOHNSON
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WILLIAM L. PROCTOR, PH.D.
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LINDA K. TAYLOR
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MEMORANDUM
JIM HORNE
Commissioner of Education
Contact Persons
Department of Education
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Name:
Cathy Bishop
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Phone:
850-245-0478
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Suncom:
205-0478
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Email:
Cathy.Bishop@fldoe.org
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Department of Children and Families
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Name:
Nelson Simmons
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Phone:
850-922-0375
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Suncom:
292-0375
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Email:
Nelson_Simmons@dcf.state.fl.us
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TO:
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District School Superintendents, Department of Education
District/Region Administrators, Department of Children and Families
FROM:
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Jim Warford
K-12 Chancellor
Department of Education
Beth Englander
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Director, Child Welfare and Community-Based Care
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Department of Children and Families
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DATE:
May 10, 2004
SUBJECT:
Rilya Wilson Act and School District-Operated School Readiness Programs
The 2003 Legislature passed legislation entitled the “Rilya Wilson Act” (Section 39.604, Florida Statutes)
that established reporting requirements when young children, who meet specific eligibility criteria and are
served in licensed early education or child care programs, are absent from the program. Though programs
operated by public schools are not referenced in this act, it is the intent of the Department of Education
and the Department of Children and Families (DCF) that these provisions apply to any school district-
operated early education or care program including school readiness programs, district-operated
325 W. GAINES STREET • SUITE 614 • TALLAHASSEE, FL 32399-0400 • (850) 245-0475 • www.fldoe.org
Rilya Wilson Act and School District-Operated School Readiness Programs
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May 10, 2004
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Page 2
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Head Start Programs, Title I prekindergarten programs, prekindergarten programs for children with
disabilities, programs serving the children of parents enrolled in the Teen Parent Program, and district-
operated “for pay” child care programs.
These measures are designed as an additional safeguard for
children, between the ages of three and kindergarten entry age, who are under court ordered protective
supervision or in the custody of the Family Safety Program of DCF or a community-based care lead
agency.
Specifically, the Rilya Wilson Act requires that the DCF Family Safety Program, or the community-based
care lead agency, notify operators of licensed early education or child care programs when such children
are enrolled in their program. To ensure child safety for children in school district-operated programs, in
accordance with Section 39.4085(17), Florida Statutes, the school district is to be notified when such
children are enrolled in a school district-operated early education or child care program. Children that
meet the requirements established in the law for licensed early education or child care programs will only
be permitted to withdraw from a school district-operated program with written approval from the Family
Safety Program of DCF or the community-based care lead agency.
The Department of Education’s Office of General Counsel has reviewed this legislation with respect to
the provisions of the Family Education and Privacy Act (FERPA) to determine if school districts may
release information regarding a student’s absence to DCF.
FERPA allows an educational agency to
“disclose personally identifiable information from an education record to appropriate parties in
connection with an emergency if knowledge of the information is necessary to protect the health or safety
of the student or other individuals” [34CFR§99.36 (a)]. It is the opinion of the General Counsel that “the
notice requirement of the Rilya Wilson Act does meet the emergency exception under FERPA.”
It is the intent of the Department of Education that school districts report each unexcused absence
or seven consecutive excused absences of children covered by this Act and enrolled in a district-
operated early education or child care program to local staff of the Family Safety Program of DCF
or the community-based care lead agency by the end of the business day following an unexcused
absence or following the seventh consecutive excused absence.
Consistent with the requirements in the
Act for children attending licensed early education or child care programs, DCF or the community-based
care lead agency will conduct a home visit upon receiving two consecutive reports of unexcused absences
or a report of seven consecutive excused absences.
The Department of Children and Families has already communicated the requirement that DCF
districts/regions must establish local procedures related to the reporting of absences by licensed early
education and care providers. As stated in a memorandum released by DCF on September 2, 2003, those
requirements must include:
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“Forms and procedures for providers to notify Family Safety/community-based care lead agency
staff of absences for care as required by the law
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Guidance on the tracking of unexcused absences by Family Safety/community-based care lead
agency staff to ensure that appropriate actions are taken after two consecutive unexcused absences
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Guidance on the tracking of excused absences by early education and child care providers to ensure
that timely notification of seven consecutive excused absences is made as required.”
Rilya Wilson Act and School District-Operated School Readiness Programs
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May 10, 2004
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Page 3
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School districts and DCF district/region staff should work together to establish procedures consistent with
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procedures already developed by DCF in coordination with local School Readiness Coalitions and
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licensed early education and care providers to ensure the safety of children attending school district-
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operated early childhood programs.
The Department of Education will work with DCF to provide
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additional guidance and technical assistance as needed.
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JW/cbm
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cc:
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Dale East, Child Welfare and Community-Based Care, Department of Children and Families
Gay Frizzell, Child Welfare and Community-Based Care, Department of Children and Families
Nelson Simmons, Child Welfare and Community-Based Care, Department of Children and Families
Debby Russo, Child Care Services, Department of Children and Families
District/Region Family Safety and Community-Based Care Program Administrators
Gladys Wilson, Interim Executive Director, Partnership for School Readiness
Administrators, Student Services
Administrators, Exceptional Student Education
Contact Persons, School district school readiness programs
Contact Persons, School district prekindergarten programs for children with disabilities
Community-Based Care Lead Agencies
County Sheriffs Offices
325 W. GAINES STREET • SUITE 614 • TALLAHASSEE, FL 32399-0400 • (850) 245-0475 • www.fldoe.org
