HB 0975 2003
1	A bill to be entitled
2	An act relating to exceptional student instruction;
3	amending s. 1003.57, F.S.; providing that hearings
4	relating to identification, evaluation, and placement of
5	exceptional students shall not be exempt from provisions
6	relating to decisions affecting substantial interests and
7	additional procedures applicable to hearings; providing an
8	effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1. Subsection (5) of section 1003.57, Florida
13	Statutes, is amended to read:
14	1003.57 Exceptional students instruction.--Each district
15	school board shall provide for an appropriate program of special
16	instruction, facilities, and services for exceptional students
17	as prescribed by the State Board of Education as acceptable,
18	including provisions that:
19	(5) No student be given special instruction or services as
20	an exceptional student until after he or she has been properly
21	evaluated, classified, and placed in the manner prescribed by
22	rules of the State Board of Education. The parent of an
23	exceptional student evaluated and placed or denied placement in
24	a program of special education shall be notified of each such
25	evaluation and placement or denial. Such notice shall contain a
26	statement informing the parent that he or she is entitled to a
27	due process hearing on the identification, evaluation, and
28	placement, or lack thereof. Such hearings shall notbe exempt
29	from the provisions of ss. 120.569 and, 120.57, but shall be
30	exempt from the provisions ofands. 286.011., except to the
31	extent that The State Board of Education may adoptadoptsrules
32	establishing other procedures.andAny records created as a
33	result of such hearings and the content of sameshall be
34	confidential and exempt from the provisions of s. 119.07(1). The
35	hearing must be conducted by an administrative law judge from
36	the Division of Administrative Hearings of the Department of
37	Management Services. The decision of the administrative law
38	judge shall be final, except that any party aggrieved by the
39	finding and decision rendered by the administrative law judge
40	shall have the right to bring a civil action in the circuit
41	court. In such an action, the court shall receive the records of
42	the administrative hearing and shall hear additional evidence at
43	the request of either party. In the alternative, any party
44	aggrieved by the finding and decision rendered by the
45	administrative law judge shall have the right to request an
46	impartial review of the administrative law judge's order by the
47	district court of appeal as provided by s. 120.68.
48	Notwithstanding any law to the contrary, during the pendency of
49	any proceeding conducted pursuant to this section, unless the
50	district school board and the parents otherwise agree, the
51	student shall remain in his or her then-current educational
52	assignment or, if applying for initial admission to a public
53	school, shall be assigned, with the consent of the parents, in
54	the public school program until all such proceedings have been
55	completed.
56	Section 2. This act shall take effect July 1, 2003.