Florida Senate - 2013 CS for SB 1108
By the Committee on Education; and Senators Gardiner and
Thrasher
581-02606A-13 20131108c1
1 A bill to be entitled
2 An act relating to exceptional student education;
3 amending s. 1002.20, F.S.; prohibiting certain actions
4 with respect to parent meetings with school district
5 personnel; providing requirements for meetings
6 relating to exceptional student education and related
7 services; amending s. 1002.33, F.S.; providing
8 requirements for the reimbursement of federal funds to
9 charter schools; amending s. 1002.41, F.S.; requiring
10 a school district to provide exceptional student
11 education-related services to certain home education
12 program students; requiring reporting and funding
13 through the Florida Education Finance Program;
14 amending s. 1003.57, F.S.; requiring a school district
15 to use specified terms to describe the instructional
16 setting for certain exceptional students; defining the
17 term “inclusion” for purposes of exceptional student
18 instruction; providing for determination of
19 eligibility as an exceptional student; requiring
20 certain assessments to facilitate inclusive
21 educational practices for exceptional students;
22 requiring a district school board to provide parents
23 with information regarding the funding the school
24 district receives for exceptional student education;
25 requiring the school district to provide the
26 information at the initial meeting of a student’s
27 individual education plan team; creating s. 1003.5715,
28 F.S.; requiring the use of parental consent forms for
29 specified actions in a student’s individual education
30 plan; providing requirements for the consent forms;
31 providing requirements for changes in a student’s
32 individual education plan; requiring the State Board
33 of Education to adopt rules; creating s. 1003.572,
34 F.S.; defining the term “private instructional
35 personnel”; encouraging the collaboration of public
36 and private instructional personnel and providing
37 requirements therefor; amending s. 1003.58, F.S.;
38 conforming a cross-reference; creating s. 1008.3415,
39 F.S.; requiring an exceptional student education
40 center to choose to receive a school grade or school
41 improvement rating; excluding student assessment data
42 from the calculation of a home school’s grade under
43 certain circumstances; requiring the State Board of
44 Education to adopt rules; amending s. 1012.585, F.S.;
45 providing requirements for renewal of a professional
46 certificate relating to teaching students with
47 disabilities; authorizing the State Board of Education
48 to adopt rules; providing an effective date.
49
50 Be It Enacted by the Legislature of the State of Florida:
51
52 Section 1. Paragraph (a) of subsection (21) of section
53 1002.20, Florida Statutes, is amended to read:
54 1002.20 K-12 student and parent rights.—Parents of public
55 school students must receive accurate and timely information
56 regarding their child’s academic progress and must be informed
57 of ways they can help their child to succeed in school. K-12
58 students and their parents are afforded numerous statutory
59 rights including, but not limited to, the following:
60 (21) PARENTAL INPUT AND MEETINGS.—
61 (a) Meetings with school district personnel.—Parents of
62 public school students may be accompanied by another adult of
63 their choice at any meeting with school district personnel.
64 School district personnel may not object to the attendance of
65 such adult or discourage or attempt to discourage, through any
66 action, statement, or other means, parents from inviting another
67 person of their choice to attend any meeting. Such prohibited
68 actions include, but are not limited to, attempted or actual
69 coercion or harassment of parents or students or retaliation or
70 threats of consequences to parents or students.
71 1. Such meetings include, but not are not limited to,
72 meetings related to: the eligibility for exceptional student
73 education or related services; the development of an individual
74 family support plan (IFSP); the development of an individual
75 education plan (IEP); the development of a 504 accommodation
76 plan issued under s. 504 of the Rehabilitation Act of 1973; the
77 transition of a student from early intervention services to
78 other services; the development of postsecondary goals for a
79 student and the transition services needed to reach those goals;
80 and other issues that may affect a student’s educational
81 environment, discipline, or placement.
82 2. The parents and school district personnel attending the
83 meeting shall sign a document at the meeting’s conclusion which
84 states whether any school district personnel have prohibited,
85 discouraged, or attempted to discourage the parents from
86 inviting a person of their choice to the meeting.
87 Section 2. Paragraph (c) of subsection (17) of section
88 1002.33, Florida Statutes, is amended to read:
89 1002.33 Charter schools.—
90 (17) FUNDING.—Students enrolled in a charter school,
91 regardless of the sponsorship, shall be funded as if they are in
92 a basic program or a special program, the same as students
93 enrolled in other public schools in the school district. Funding
94 for a charter lab school shall be as provided in s. 1002.32.
95 (c) If the district school board is providing programs or
96 services to students funded by federal funds, any eligible
97 students enrolled in charter schools in the school district
98 shall be provided federal funds for the same level of service
99 provided students in the schools operated by the district school
100 board. Pursuant to provisions of 20 U.S.C. 8061 s. 10306, all
101 charter schools shall receive all federal funding for which the
102 school is otherwise eligible, including Title I funding, not
103 later than 5 months after the charter school first opens and
104 within 5 months after any subsequent expansion of enrollment.
105 Unless otherwise mutually agreed to by the charter school and
106 its sponsor, and consistent with state and federal rules and
107 regulations governing the use and disbursement of federal funds,
108 the sponsor shall reimburse the charter school on a monthly
109 basis for all invoices submitted by the charter school for
110 federal funds available to the sponsor for the benefit of the
111 charter school, the charter school’s students, and the charter
112 school’s students as public school students in the school
113 district. Such federal funds include, but are not limited to,
114 Title I, Title II, and Individuals with Disabilities Education
115 Act (IDEA) funds. To receive timely reimbursement for an
116 invoice, the charter school must submit the invoice to the
117 sponsor at least 30 days before the monthly date of
118 reimbursement set by the sponsor. In order to be reimbursed, any
119 expenditures made by the charter school must comply with all
120 applicable state rules and federal regulations, including, but
121 not limited to, the applicable federal Office of Management and
122 Budget Circulars, the federal Education Department General
123 Administrative Regulations, and program-specific statutes,
124 rules, and regulations. Such funds may not be made available to
125 the charter school until a plan is submitted to the sponsor for
126 approval of the use of the funds in accordance with applicable
127 federal requirements. The sponsor has 30 days to review and
128 approve any plan submitted pursuant to this paragraph.
129 Section 3. Subsection (10) is added to section 1002.41,
130 Florida Statutes, to read:
131 1002.41 Home education programs.—
132 (10) A school district shall provide exceptional student
133 education-related services, as defined in State Board of
134 Education rule, to a home education program student with a
135 disability who is eligible for the services and who enrolls in a
136 public school for the purpose of receiving those related
137 services. The school district providing the services shall
138 report each such student as a full-time equivalent student in a
139 manner prescribed by the Department of Education, and funding
140 shall be provided through the Florida Education Finance Program
141 pursuant to s. 1011.62.
142 Section 4. Subsection (1) of section 1003.57, Florida
143 Statutes, is amended to read:
144 1003.57 Exceptional students instruction.—
145 (1)(a) For purposes of providing exceptional student
146 instruction under this section:
147 1. A school district shall use the following terms to
148 describe the instructional setting for a student with a
149 disability, 6 through 21 years of age, who is not educated in a
150 setting accessible to all children who are together at all
151 times:
152 a. “Exceptional student education center” or “special day
153 school” means a separate public school to which nondisabled
154 peers do not have access.
155 b. “Other separate environment” means a separate private
156 school, residential facility, or hospital or homebound program.
157 c. “Regular class” means a class in which a student spends
158 80 percent or more of the school week with nondisabled peers.
159 d. “Resource room” means a classroom in which a student
160 spends between 40 percent to 80 percent of the school week with
161 nondisabled peers.
162 e. “Separate class” means a class in which a student spends
163 less than 40 percent of the school week with nondisabled peers.
164 2. A school district shall use the term “inclusion” to mean
165 that a student is receiving education in a general education
166 regular class setting, reflecting natural proportions and age
167 appropriate heterogeneous groups in core academic and elective
168 or special areas within the school community; a student with a
169 disability is a valued member of the classroom and school
170 community; the teachers and administrators support universal
171 education and have knowledge and support available to enable
172 them to effectively teach all children; and a student is
173 provided access to technical assistance in best practices,
174 instructional methods, and supports tailored to the student’s
175 needs based on current research.
176 (b) Each district school board shall provide for an
177 appropriate program of special instruction, facilities, and
178 services for exceptional students as prescribed by the State
179 Board of Education as acceptable, including provisions that:
180 1. The district school board provide the necessary
181 professional services for diagnosis and evaluation of
182 exceptional students.
183 2. The district school board provide the special
184 instruction, classes, and services, either within the district
185 school system, in cooperation with other district school
186 systems, or through contractual arrangements with approved
187 private schools or community facilities that meet standards
188 established by the commissioner.
189 3. The district school board annually provide information
190 describing the Florida School for the Deaf and the Blind and all
191 other programs and methods of instruction available to the
192 parent of a sensory-impaired student.
193 4. The district school board, once every 3 years, submit to
194 the department its proposed procedures for the provision of
195 special instruction and services for exceptional students.
196 (c)(b) A student may not be given special instruction or
197 services as an exceptional student until after he or she has
198 been properly evaluated and found eligible as an exceptional
199 student, classified, and placed in the manner prescribed by
200 rules of the State Board of Education. The parent of an
201 exceptional student evaluated and found eligible or ineligible
202 placed or denied placement in a program of special education
203 shall be notified of each such evaluation and determination
204 placement or denial. Such notice shall contain a statement
205 informing the parent that he or she is entitled to a due process
206 hearing on the identification, evaluation, and eligibility
207 determination placement, or lack thereof. Such hearings are
208 exempt from ss. 120.569, 120.57, and 286.011, except to the
209 extent that the State Board of Education adopts rules
210 establishing other procedures. Any records created as a result
211 of such hearings are confidential and exempt from s. 119.07(1).
212 The hearing must be conducted by an administrative law judge
213 from the Division of Administrative Hearings pursuant to a
214 contract between the Department of Education and the Division of
215 Administrative Hearings. The decision of the administrative law
216 judge is final, except that any party aggrieved by the finding
217 and decision rendered by the administrative law judge has the
218 right to bring a civil action in the state circuit court. In
219 such an action, the court shall receive the records of the
220 administrative hearing and shall hear additional evidence at the
221 request of either party. In the alternative, in hearings
222 conducted on behalf of a student who is identified as gifted,
223 any party aggrieved by the finding and decision rendered by the
224 administrative law judge has the right to request a review of
225 the administrative law judge’s order by the district court of
226 appeal as provided in s. 120.68.
227 (d)(c) Notwithstanding any law to the contrary, during the
228 pendency of any proceeding conducted pursuant to this section,
229 unless the district school board and the parents otherwise
230 agree, the student shall remain in his or her then-current
231 educational assignment or, if applying for initial admission to
232 a public school, shall be assigned, with the consent of the
233 parents, in the public school program until all such proceedings
234 have been completed.
235 (e)(d) In providing for the education of exceptional
236 students, the district school superintendent, principals, and
237 teachers shall utilize the regular school facilities and adapt
238 them to the needs of exceptional students to the maximum extent
239 appropriate. To the extent appropriate, students with
240 disabilities, including those students in public or private
241 institutions or other facilities, shall be educated with
242 students who are not disabled. Segregation of exceptional
243 students shall occur only if the nature or severity of the
244 exceptionality is such that education in regular classes with
245 the use of supplementary aids and services cannot be achieved
246 satisfactorily.
247 (f) Once every 3 years, each school district and school
248 shall complete a Best Practices in Inclusive Education (BPIE)
249 assessment with a Florida Inclusion Network facilitator and
250 include the results of the BPIE assessment and all planned
251 short-term and long-term improvement efforts in the school
252 district’s exceptional student education policies and
253 procedures. BPIE is an internal assessment process designed to
254 facilitate the analysis, implementation, and improvement of
255 inclusive educational practices at the district and school team
256 levels.
257 (g)(e) In addition to the services agreed to in a student’s
258 individual educational plan, the district school superintendent
259 shall fully inform the parent of a student having a physical or
260 developmental disability of all available services that are
261 appropriate for the student’s disability. The superintendent
262 shall provide the student’s parent with a summary of the
263 student’s rights.
264 (h)(f) School personnel may consider any unique
265 circumstances on a case-by-case basis when determining whether a
266 change in placement is appropriate for a student who has a
267 disability and violates a district school board’s code of
268 student conduct. School personnel may remove and place such
269 student in an interim alternative educational setting for not
270 more than 45 school days, without regard to whether the behavior
271 is determined to be a manifestation of the student’s disability,
272 if the student:
273 1. Carries a weapon to or possesses a weapon at school, on
274 school premises, or at a school function under the jurisdiction
275 of the school district;
276 2. Knowingly possesses or uses illegal drugs, or sells or
277 solicits the sale of a controlled substance, while at school, on
278 school premises, or at a school function under the jurisdiction
279 of the school district; or
280 3. Has inflicted serious bodily injury upon another person
281 while at school, on school premises, or at a school function
282 under the jurisdiction of the school district.
283 (i)(g) For purposes of paragraph (h)(f), the term:
284 1. “Controlled substance” means a drug or other substance
285 identified under Schedule I, Schedule II, Schedule III, Schedule
286 IV, or Schedule V of the Controlled Substances Act, 21 U.S.C. s.
287 812(c) and s. 893.02(4).
288 2. “Weapon” means a device, instrument, material, or
289 substance, animate or inanimate, which is used for, or is
290 readily capable of, causing death or serious bodily injury;
291 however, this definition does not include a pocketknife having a
292 blade that is less than 2 1/2 inches in length.
293 (j) The district school board shall provide each parent
294 with information regarding the amount that the school district
295 receives from the state appropriation for each of the five
296 exceptional student education support levels for a full-time
297 student. The school district shall provide this information at
298 the initial meeting of a student’s individual education plan
299 team.
300 Section 5. Section 1003.5715, Florida Statutes, is created
301 to read:
302 1003.5715 Parental consent; individual education plan.—
303 (1) The Department of Education shall adopt separate
304 parental consent forms that school districts must use for each
305 of the following actions in a student’s individual education
306 plan (IEP):
307 (a) Administer to the student an alternate assessment
308 pursuant to s. 1008.22 and provide instruction in the state
309 standards access points curriculum.
310 (b) Place the student in an exceptional student education
311 center.
312 (2) In accordance with 34 C.F.R. s. 300.503, each form
313 shall be provided to the parent in the parent’s native language,
314 as defined in 34 C.F.R. s. 300.29, and include the following:
315 (a) A statement that the parent is a participant of the
316 individual education plan team (IEP Team) and has the right to
317 consent or refuse consent to the actions described in subsection
318 (1). The statement shall include information that the refusal of
319 parental consent means that the school district may not proceed
320 with the actions described in subsection (1) without a school
321 district due process hearing in accordance with 34 C.F.R. ss.
322 300.507 and 300.508.
323 (b) A “does consent” box and a signature line.
324 (c) A “does not consent” box and a signature line.
325 (d) An informational statement of the benefits and
326 consequences of giving parental consent to the actions described
327 in subsection (1).
328 (3) A school district may not proceed with the actions
329 described in subsection (1) without parental consent unless the
330 school district documents reasonable efforts to obtain the
331 parent’s consent and the child’s parent has failed to respond or
332 the school district obtains approval through a due process
333 hearing in accordance with 34 C.F.R. ss. 300.507 and 300.508 and
334 resolution of appeals.
335 (4) Except for a change in placement described in s.
336 1003.57(1)(h), if a school district determines that there is a
337 need to change an exceptional student’s IEP as it relates to
338 actions described in subsection (1), the school must hold an IEP
339 Team meeting that includes the parent to discuss the reason for
340 the change. The school shall provide written notice of the
341 meeting to the parent at least 10 days before the meeting,
342 indicating the purpose, time, and location of the meeting and
343 who, by title or position, will attend the meeting. The IEP Team
344 meeting requirement may be waived by informed consent of the
345 parent after the parent receives the written notice.
346 (5) For a change in actions described in subsection (1) in
347 a student’s IEP, the school district may not implement the
348 change without parental consent unless the school district
349 documents reasonable efforts to obtain the parent’s consent and
350 the child’s parent has failed to respond or the school district
351 obtains approval through a due process hearing in accordance
352 with 34 C.F.R. ss. 300.507 and 300.508 and resolution of
353 appeals.
354 (6) Pursuant to 34 C.F.R. s. 300.518, during the pendency
355 of a due process hearing or appellate proceeding regarding a due
356 process complaint, the student shall remain in his or her
357 current educational assignment while awaiting the decision of
358 any impartial due process hearing or court proceeding, unless
359 the parent and the district school board otherwise agree.
360 (7) This section does not abrogate any parental right
361 identified in the Individuals with Disabilities Education Act
362 (IDEA) and its implementing regulations.
363 (8) The State Board of Education shall adopt rules pursuant
364 to ss. 120.536(1) and 120.54 to implement this section,
365 including, but not limited to, developing parental consent
366 forms.
367 Section 6. Section 1003.572, Florida Statutes, is created
368 to read:
369 1003.572 Collaboration of public and private instructional
370 personnel.—
371 (1) As used in this section, the term “private
372 instructional personnel” means:
373 (a) Individuals certified under s. 393.17 or licensed under
374 chapter 490 or chapter 491 for applied behavior analysis
375 services as defined in ss. 627.6686 and 641.31098.
376 (b) Speech-language pathologists licensed under s.
377 468.1185.
378 (c) Occupational therapists licensed under part III of
379 chapter 468.
380 (d) Physical therapists licensed under chapter 486.
381 (e) Psychologists licensed under chapter 490.
382 (f) Clinical social workers licensed under chapter 491.
383 (2) The collaboration of public and private instructional
384 personnel shall be designed to enhance but not supplant the
385 school district’s responsibilities under the Individuals with
386 Disabilities Education Act (IDEA). The school as the local
387 education agency shall provide therapy services to meet the
388 expectations provided in federal law and regulations and state
389 statutes and rules. Collaboration of public and private
390 instructional personnel will work to promote educational
391 progress and assist students in acquiring essential skills,
392 including, but not limited to, readiness for pursuit of higher
393 education goals or employment. Where applicable, public and
394 private instructional personnel shall undertake collaborative
395 programming. Coordination of services and plans between a public
396 school and private instructional personnel is encouraged to
397 avoid duplication or conflicting services or plans.
398 (3) Private instructional personnel who are hired or
399 contracted by parents to collaborate with public instructional
400 personnel must be permitted to observe the student in the
401 educational setting, collaborate with instructional personnel in
402 the educational setting, and provide services in the educational
403 setting according to the following requirements:
404 (a) The student’s public instructional personnel and
405 principal consent to the time and place.
406 (b) The private instructional personnel satisfy the
407 requirements of s. 1012.32 or s. 1012.321.
408 (4) The provision of private instructional personnel by a
409 parent does not constitute a waiver of the student’s or parent’s
410 right to a free and appropriate public education under IDEA.
411 Section 7. Subsection (3) of section 1003.58, Florida
412 Statutes, is amended to read:
413 1003.58 Students in residential care facilities.—Each
414 district school board shall provide educational programs
415 according to rules of the State Board of Education to students
416 who reside in residential care facilities operated by the
417 Department of Children and Family Services or the Agency for
418 Persons with Disabilities.
419 (3) The district school board shall have full and complete
420 authority in the matter of the assignment and placement of such
421 students in educational programs. The parent of an exceptional
422 student shall have the same due process rights as are provided
423 under s. 1003.57(1)(c) 1003.57(1)(b).
424
425 Notwithstanding the provisions herein, the educational program
426 at the Marianna Sunland Center in Jackson County shall be
427 operated by the Department of Education, either directly or
428 through grants or contractual agreements with other public or
429 duly accredited educational agencies approved by the Department
430 of Education.
431 Section 8. Section 1008.3415, Florida Statutes, is created
432 to read:
433 1008.3415 School grade or school improvement rating for
434 exceptional student education centers.—
435 (1) Each exceptional student education center shall choose
436 to receive a school grade pursuant to s. 1008.34 or a school
437 improvement rating pursuant to s. 1008.341.
438 (2) Notwithstanding s. 1008.34(3)(c)3., the achievement
439 scores and learning gains of a student with a disability who
440 attends an exceptional student education center and has not been
441 enrolled in or attended a public school other than an
442 exceptional student education center for grades K-12 within the
443 school district shall not be included in the calculation of the
444 home school’s grade if the student is identified as an emergent
445 student on the alternate assessment tool described in s.
446 1008.22(3)(c)13.
447 (3) The State Board of Education shall adopt rules under
448 ss. 120.536(1) and 120.54 to implement this section, including,
449 but not limited to, defining exceptional student education
450 centers.
451 Section 9. Paragraph (e) is added to subsection (3) of
452 section 1012.585, Florida Statutes, and subsection (6) is added
453 to that section, to read:
454 1012.585 Process for renewal of professional certificates.—
455 (3) For the renewal of a professional certificate, the
456 following requirements must be met:
457 (e) Beginning July 1, 2014, an applicant for renewal of a
458 professional certificate must earn a minimum of 1 college credit
459 or the equivalent inservice points in the area of instruction
460 for teaching students with disabilities. The requirement in this
461 paragraph may not add to the total hours required by the
462 department for continuing education or inservice training.
463 (6) The State Board of Education may adopt rules under ss.
464 120.536(1) and 120.54 to implement this section, including, but
465 not limited to, applicant renewal requirements.
466 Section 10. This act shall take effect July 1, 2013.