Senate Bill sb2264

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    Florida Senate - 2005                                  SB 2264

    By Senator Atwater





    25-1092A-05

  1                      A bill to be entitled

  2         An act relating to the payment of instructional

  3         costs for students; amending s. 1003.57, F.S.;

  4         providing guidelines for determining the

  5         residency of a student who receives instruction

  6         in this state as an exceptional student;

  7         requiring a nonresident exceptional student's

  8         placing authority or parent to pay the cost of

  9         the instruction, facilities, and services for

10         the student; providing duties of the Department

11         of Education; providing duties of residential

12         facilities that educate exceptional students;

13         providing applicability; amending s. 1003.58,

14         F.S.; correcting a cross-reference; amending s.

15         1009.21, F.S.; defining the term "initial

16         undergraduate enrollment" for purposes of

17         determining a postsecondary student's

18         residential status for tuition purposes;

19         providing duties of institutions of higher

20         education; providing conditions under which a

21         nonresident undergraduate may be reclassified

22         as a resident of this state; requiring that

23         specified evidence of the legal residence and

24         dependent status of an undergraduate be

25         provided as a prerequisite to classification as

26         a resident for tuition purposes; amending s.

27         1009.40, F.S.; providing that certain students

28         are ineligible to receive more than one

29         state-funded tuition assistance grant;

30         providing an effective date.

31  

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    Florida Senate - 2005                                  SB 2264
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 1  Be It Enacted by the Legislature of the State of Florida:

 2  

 3         Section 1.  Section 1003.57, Florida Statutes, is

 4  amended to read:

 5         1003.57  Exceptional students instruction.--

 6         (1)  Each district school board shall provide for an

 7  appropriate program of special instruction, facilities, and

 8  services for exceptional students as prescribed by the State

 9  Board of Education as acceptable, including provisions that:

10         (a)(1)  The district school board provide the necessary

11  professional services for diagnosis and evaluation of

12  exceptional students.

13         (b)(2)  The district school board provide the special

14  instruction, classes, and services, either within the district

15  school system, in cooperation with other district school

16  systems, or through contractual arrangements with approved

17  private schools or community facilities that meet standards

18  established by the commissioner.

19         (c)(3)  The district school board annually provide

20  information describing the Florida School for the Deaf and the

21  Blind and all other programs and methods of instruction

22  available to the parent of a sensory-impaired student.

23         (d)(4)  The district school board, once every 3 years,

24  submit to the department its proposed procedures for the

25  provision of special instruction and services for exceptional

26  students.

27         (e)(5)  No student be given special instruction or

28  services as an exceptional student until after he or she has

29  been properly evaluated, classified, and placed in the manner

30  prescribed by rules of the State Board of Education. The

31  parent of an exceptional student evaluated and placed or

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    Florida Senate - 2005                                  SB 2264
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 1  denied placement in a program of special education shall be

 2  notified of each such evaluation and placement or denial. Such

 3  notice shall contain a statement informing the parent that he

 4  or she is entitled to a due process hearing on the

 5  identification, evaluation, and placement, or lack thereof.

 6  Such hearings shall be exempt from the provisions of ss.

 7  120.569, 120.57, and 286.011, except to the extent that the

 8  State Board of Education adopts rules establishing other

 9  procedures and any records created as a result of such

10  hearings shall be confidential and exempt from the provisions

11  of s. 119.07(1). The hearing must be conducted by an

12  administrative law judge from the Division of Administrative

13  Hearings of the Department of Management Services. The

14  decision of the administrative law judge shall be final,

15  except that any party aggrieved by the finding and decision

16  rendered by the administrative law judge shall have the right

17  to bring a civil action in the circuit court. In such an

18  action, the court shall receive the records of the

19  administrative hearing and shall hear additional evidence at

20  the request of either party. In the alternative, any party

21  aggrieved by the finding and decision rendered by the

22  administrative law judge shall have the right to request an

23  impartial review of the administrative law judge's order by

24  the district court of appeal as provided by s. 120.68.

25  Notwithstanding any law to the contrary, during the pendency

26  of any proceeding conducted pursuant to this section, unless

27  the district school board and the parents otherwise agree, the

28  student shall remain in his or her then-current educational

29  assignment or, if applying for initial admission to a public

30  school, shall be assigned, with the consent of the parents, in

31  

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 1  the public school program until all such proceedings have been

 2  completed.

 3         (f)(6)  In providing for the education of exceptional

 4  students, the district school superintendent, principals, and

 5  teachers shall utilize the regular school facilities and adapt

 6  them to the needs of exceptional students to the maximum

 7  extent appropriate. Segregation of exceptional students shall

 8  occur only if the nature or severity of the exceptionality is

 9  such that education in regular classes with the use of

10  supplementary aids and services cannot be achieved

11  satisfactorily.

12         (g)(7)  In addition to the services agreed to in a

13  student's individual education plan, the district school

14  superintendent shall fully inform the parent of a student

15  having a physical or developmental disability of all available

16  services that are appropriate for the student's disability.

17  The superintendent shall provide the student's parent with a

18  summary of the student's rights.

19         (2)(a)  A student who receives special instruction,

20  facilities, or services as an exceptional student is

21  considered a resident of the state in which the student's

22  parent or guardian is a resident. The cost of such

23  instruction, facilities, and services for a nonresident

24  student shall be provided by the placing authority in the

25  student's state of residence, such as a public school entity,

26  other placing authority, or parent. A school district may not

27  report nonresident students for FTE funding in the Florida

28  Education Finance Program.

29         (b)  The Department of Education shall provide to each

30  school district a statement of the specific limitations of the

31  district's financial obligation for exceptional students under

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 1  federal and state law. The department shall also provide to

 2  each school district technical assistance as necessary for

 3  developing a local plan to impose on a student's home state

 4  the fiscal responsibility for educating a nonresident

 5  exceptional student.

 6         (c)  The Department of Education shall develop a

 7  process by which a school district must review the residency

 8  of each exceptional student who lives in a residential

 9  facility in this state before providing services. The

10  residential facility, not the district, is responsible for

11  billing and collecting from a nonresidential student's home

12  state payment for the student's educational and related

13  services.

14         (d)  This subsection applies to any nonresident student

15  who receives instruction as an exceptional student in any type

16  of educational facility in this state, including, but not

17  limited to, a public school, a private school, a group home

18  facility as defined in s. 393.063, an intensive residential

19  treatment program for children and adolescents as defined in

20  s. 395.002, a facility as defined in s. 394.455, an

21  intermediate care facility for the developmentally disabled or

22  ICF/DD as defined in s. 393.063 or s. 400.960, or a community

23  residential home as defined in s. 419.001.

24         Section 2.  Subsection (3) of section 1003.58, Florida

25  Statutes, is amended to read:

26         1003.58  Students in residential care facilities.--Each

27  district school board shall provide educational programs

28  according to rules of the State Board of Education to students

29  who reside in residential care facilities operated by the

30  Department of Children and Family Services.

31  

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 1         (3)  The district school board shall have full and

 2  complete authority in the matter of the assignment and

 3  placement of such students in educational programs. The parent

 4  of an exceptional student shall have the same due process

 5  rights as are provided under s. 1003.57(1)(e) s. 1003.57(5).

 6  

 7  Notwithstanding the provisions herein, the educational program

 8  at the Marianna Sunland Center in Jackson County shall be

 9  operated by the Department of Education, either directly or

10  through grants or contractual agreements with other public or

11  duly accredited educational agencies approved by the

12  Department of Education.

13         Section 3.  Subsections (1), (2), and (3) of section

14  1009.21, Florida Statutes, are amended to read:

15         1009.21  Determination of resident status for tuition

16  purposes.--Students shall be classified as residents or

17  nonresidents for the purpose of assessing tuition in community

18  colleges and state universities.

19         (1)  As used in this section, the term:

20         (a)  The term "Dependent child" means any person,

21  whether or not living with his or her parent, who is eligible

22  to be claimed by his or her parent as a dependent under the

23  federal income tax code and who receives at least 51 percent

24  of the true cost-of-living expenses from his or her parent.

25         (b)  The term "Institution of higher education" means

26  any public community college or state university.

27         (c)  A "legal resident" or "resident" means is a person

28  who has maintained his or her residence in this state for the

29  preceding year, has purchased a home which is occupied by him

30  or her as his or her residence, or has established a domicile

31  in this state pursuant to s. 222.17.

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 1         (d)  The term "Parent" means the natural or adoptive

 2  parent or legal guardian of a dependent child.

 3         (e)  A "resident for tuition purposes" means is a

 4  person who qualifies as provided in subsection (2) for the

 5  in-state tuition rate; a "nonresident for tuition purposes" is

 6  a person who does not qualify for the in-state tuition rate.

 7         (f)  "Initial undergraduate enrollment" means the first

 8  day of class at an institution of higher education.

 9         (2)(a)  To qualify as a resident for tuition purposes:

10         1.  A person or, if that person is a dependent child,

11  his or her parent or parents must have established legal

12  residence in this state and must have maintained legal

13  residence in this state for at least 12 months immediately

14  prior to his or her initial undergraduate enrollment at an

15  institution of higher education qualification.

16         2.  Every applicant for admission to an institution of

17  higher education shall be required to make a statement as to

18  his or her length of residence in the state and, further,

19  shall establish that his or her presence or, if the applicant

20  is a dependent child, the presence of his or her parent or

21  parents in the state currently is, and during the requisite

22  12-month qualifying period was, for the purpose of maintaining

23  a bona fide domicile, rather than for the purpose of

24  maintaining a mere temporary residence or abode incident to

25  enrollment in an institution of higher education.

26         3.  Each institution of higher education must determine

27  whether an applicant who has been granted admission to that

28  institution is a dependent child.

29         4.  Each institution of higher education must

30  affirmatively determine that an applicant who has been granted

31  admission to that institution as a Florida resident meets the

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 1  residency requirements of this section at the time of initial

 2  undergraduate enrollment.

 3         (b)  However, with respect to a dependent child living

 4  with an adult relative other than the child's parent, such

 5  child may qualify as a resident for tuition purposes if the

 6  adult relative is a legal resident who has maintained legal

 7  residence in this state for at least 12 months immediately

 8  prior to the child's initial undergraduate enrollment at an

 9  institution of higher education qualification, provided the

10  child has resided continuously with such relative for the 5

11  years immediately prior to the child's initial undergraduate

12  enrollment at an institution of higher education

13  qualification, during which time the adult relative has

14  exercised day-to-day care, supervision, and control of the

15  child.

16         (c)  The legal residence of a dependent child whose

17  parents are divorced, separated, or otherwise living apart

18  will be deemed to be this state if either parent is a legal

19  resident of this state, regardless of which parent is entitled

20  to claim, and does in fact claim, the minor as a dependent

21  pursuant to federal individual income tax provisions.

22         (d)  An undergraduate who is classified as a

23  nonresident for tuition purposes may become eligible for

24  reclassification as a resident for tuition purposes only if

25  that individual, or his or her parent if that individual is a

26  dependent child, supports permanent residency in this state by

27  presenting documentation of nontemporary, full-time employment

28  in this state and domicile in this state for 12 months while

29  not enrolled at an institution of higher education.

30         (3)  An individual may shall not be classified as a

31  resident for tuition purposes and, thus, is ineligible shall

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 1  not be eligible to receive the in-state tuition rate until he

 2  or she has provided such evidence related to legal residence

 3  and its duration or, if that individual is a dependent child,

 4  documentation of his or her parent's legal residence and its

 5  duration, as well as documentation confirming his or her

 6  status as a dependent child, as may be required by law and by

 7  officials of the institution of higher education from which he

 8  or she seeks the in-state tuition rate.

 9         Section 4.  Subsection (1) of section 1009.40, Florida

10  Statutes, is amended, and subsection (5) is added to that

11  section, to read:

12         1009.40  General requirements for student eligibility

13  for state financial aid.--

14         (1)(a)  The general requirements for eligibility of

15  students for state financial aid awards consist of the

16  following:

17         1.  Achievement of the academic requirements of and

18  acceptance at a state university or community college; a

19  nursing diploma school approved by the Florida Board of

20  Nursing; a Florida college, university, or community college

21  which is accredited by an accrediting agency recognized by the

22  State Board of Education; any Florida institution the credits

23  of which are acceptable for transfer to state universities;

24  any career center; or any private career institution

25  accredited by an accrediting agency recognized by the State

26  Board of Education.

27         2.  Residency in this state for no less than 1 year

28  preceding the award of aid for a program established pursuant

29  to s. 1009.50, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54,

30  s. 1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s. 1009.63, s.

31  1009.68, s. 1009.72, s. 1009.73, s. 1009.76, s. 1009.77, or s.

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 1  1009.89, or s.1009.891. Residency in this state must be for

 2  purposes other than to obtain an education. Resident status

 3  for purposes of receiving state financial aid awards or

 4  tuition assistance grants shall be determined in the same

 5  manner as resident status for tuition purposes pursuant to s.

 6  1009.21 and rules of the State Board of Education implementing

 7  s. 1009.21.

 8         3.  Submission of certification attesting to the

 9  accuracy, completeness, and correctness of information

10  provided to demonstrate a student's eligibility to receive

11  state financial aid awards. Falsification of such information

12  shall result in the denial of any pending application and

13  revocation of any award currently held to the extent that no

14  further payments shall be made. Additionally, students who

15  knowingly make false statements in order to receive state

16  financial aid awards shall be guilty of a misdemeanor of the

17  second degree subject to the provisions of s. 837.06 and shall

18  be required to return all state financial aid awards

19  wrongfully obtained.

20         (b)1.  Eligibility for the renewal of undergraduate

21  financial aid awards shall be evaluated at the end of the

22  second semester or third quarter of each academic year.  As a

23  condition for renewal, a student shall:

24         a.  Have earned a minimum cumulative grade point

25  average of 2.0 on a 4.0 scale; and

26         b.  Have earned, for full-time study, 12 credits per

27  term or the equivalent for the number of terms for which aid

28  was received.

29         2.  A student who earns the minimum number of credits

30  required for renewal, but who fails to meet the minimum 2.0

31  cumulative grade point average, may be granted a probationary

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 1  award for up to the equivalent of 1 academic year and shall be

 2  required to earn a cumulative grade point average of 2.0 on a

 3  4.0 scale by the end of the probationary period to be eligible

 4  for subsequent renewal.  A student who receives a probationary

 5  award and who fails to meet the conditions for renewal by the

 6  end of his or her probationary period shall be ineligible to

 7  receive additional awards for the equivalent of 1 academic

 8  year following his or her probationary period. Each such

 9  student may, however, reapply for assistance during a

10  subsequent application period and may be eligible for an award

11  if he or she has earned a cumulative grade point average of

12  2.0 on a 4.0 scale.

13         3.  A student who fails to earn the minimum number of

14  credits required for renewal shall lose his or her eligibility

15  for renewal for a period equivalent to 1 academic year.

16  However, the student may reapply during a subsequent

17  application period and may be eligible for an award if he or

18  she has earned a minimum cumulative grade point average of 2.0

19  on a 4.0 scale.

20         4.  Students who receive state student aid and

21  subsequently fail to meet state academic progress requirements

22  due to verifiable illness or other emergencies may be granted

23  an exception from the academic requirements.  Such students

24  shall make a written appeal to the institution.  The appeal

25  shall include a description and verification of the

26  circumstances. Verification of illness or other emergencies

27  may include but not be limited to a physician's statement or

28  written statement of a parent or college official.  The

29  institution shall recommend exceptions with necessary

30  documentation to the department.  The department may accept or

31  deny such recommendations for exception from the institution.

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 1         (5)  A student who is attending a nonpublic for-profit

 2  or nonprofit institution is ineligible to receive more than

 3  one state award that is a tuition assistance grant.

 4         Section 5.  This act shall take effect July 1, 2005.

 5  

 6            *****************************************

 7                          SENATE SUMMARY

 8    Provides guidelines for determining the residency of a
      student who receives instruction in this state as an
 9    exceptional student. Requires the placing authority or
      parent of a nonresident exceptional student to pay the
10    cost of such instruction, facilities, and services for
      the student. Provides duties of the Department of
11    Education and of residential facilities that educate
      exceptional students. Provides applicability. Defines the
12    term "initial undergraduate enrollment" for purposes of
      determining a postsecondary student's residential status
13    for tuition purposes. Provides duties of institutions of
      higher education. Provides conditions under which a
14    nonresident undergraduate may be reclassified as a
      resident of this state. Requires that specified evidence
15    of the legal residence and dependent status of an
      undergraduate be provided as a prerequisite to
16    classification as a resident for tuition purposes.
      Provides that a student who attends a nonpublic
17    institution may not receive more than one state-funded
      tuition assistance grant.
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