HB 0849CS

CHAMBER ACTION




1The Education Appropriations Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to public K-12 education; amending s.
71003.57, F.S.; providing guidelines for determining the
8residency of an exceptional student with a disability who
9resides in a residential facility and receives special
10instruction or services; requiring the placing authority
11in a parent's state of residence to pay the cost of such
12instruction, facilities, and services for a nonresident
13exceptional student with a disability; providing
14requirements of the Department of Education and school
15districts with respect to financial obligations; providing
16responsibilities of residential facilities that educate
17exceptional students with disabilities; providing
18applicability; defining the term "parent" for purposes of
19the section; creating s. 1003.575, F.S.; requiring the
20Department of Education to coordinate the development of
21an individual education plan form for use in developing
22and implementing individual education plans for
23exceptional students; requiring the form to be available
24to school districts to facilitate the use of an individual
25education plan when a student transfers; amending s.
261003.58, F.S.; correcting a cross reference; providing an
27effective date.
28
29Be It Enacted by the Legislature of the State of Florida:
30
31     Section 1.  Section 1003.57, Florida Statutes, is amended
32to read:
33     1003.57  Exceptional students instruction.--
34     (1)  Each district school board shall provide for an
35appropriate program of special instruction, facilities, and
36services for exceptional students as prescribed by the State
37Board of Education as acceptable, including provisions that:
38     (a)(1)  The district school board provide the necessary
39professional services for diagnosis and evaluation of
40exceptional students.
41     (b)(2)  The district school board provide the special
42instruction, classes, and services, either within the district
43school system, in cooperation with other district school
44systems, or through contractual arrangements with approved
45private schools or community facilities that meet standards
46established by the commissioner.
47     (c)(3)  The district school board annually provide
48information describing the Florida School for the Deaf and the
49Blind and all other programs and methods of instruction
50available to the parent of a sensory-impaired student.
51     (d)(4)  The district school board, once every 3 years,
52submit to the department its proposed procedures for the
53provision of special instruction and services for exceptional
54students.
55     (e)(5)  No student be given special instruction or services
56as an exceptional student until after he or she has been
57properly evaluated, classified, and placed in the manner
58prescribed by rules of the State Board of Education. The parent
59of an exceptional student evaluated and placed or denied
60placement in a program of special education shall be notified of
61each such evaluation and placement or denial. Such notice shall
62contain a statement informing the parent that he or she is
63entitled to a due process hearing on the identification,
64evaluation, and placement, or lack thereof. Such hearings shall
65be exempt from the provisions of ss. 120.569, 120.57, and
66286.011, except to the extent that the State Board of Education
67adopts rules establishing other procedures and any records
68created as a result of such hearings shall be confidential and
69exempt from the provisions of s. 119.07(1). The hearing must be
70conducted by an administrative law judge from the Division of
71Administrative Hearings of the Department of Management
72Services. The decision of the administrative law judge shall be
73final, except that any party aggrieved by the finding and
74decision rendered by the administrative law judge shall have the
75right to bring a civil action in the circuit court. In such an
76action, the court shall receive the records of the
77administrative hearing and shall hear additional evidence at the
78request of either party. In the alternative, any party aggrieved
79by the finding and decision rendered by the administrative law
80judge shall have the right to request an impartial review of the
81administrative law judge's order by the district court of appeal
82as provided by s. 120.68. Notwithstanding any law to the
83contrary, during the pendency of any proceeding conducted
84pursuant to this section, unless the district school board and
85the parents otherwise agree, the student shall remain in his or
86her then-current educational assignment or, if applying for
87initial admission to a public school, shall be assigned, with
88the consent of the parents, in the public school program until
89all such proceedings have been completed.
90     (f)(6)  In providing for the education of exceptional
91students, the district school superintendent, principals, and
92teachers shall utilize the regular school facilities and adapt
93them to the needs of exceptional students to the maximum extent
94appropriate. Segregation of exceptional students shall occur
95only if the nature or severity of the exceptionality is such
96that education in regular classes with the use of supplementary
97aids and services cannot be achieved satisfactorily.
98     (g)(7)  In addition to the services agreed to in a
99student's individual education plan, the district school
100superintendent shall fully inform the parent of a student having
101a physical or developmental disability of all available services
102that are appropriate for the student's disability. The
103superintendent shall provide the student's parent with a summary
104of the student's rights.
105     (2)(a)  An exceptional student with a disability who
106resides in a residential facility and receives special
107instruction or services is considered a resident of the state in
108which the parent is a resident. The cost of such instruction,
109facilities, and services for a nonresident exceptional student
110with a disability shall be provided by the placing authority,
111such as a public school entity, other placing authority, or
112parent, in the parent's state of residence. A nonresident
113exceptional student with a disability who resides in a
114residential facility may not be reported by any school district
115for FTE funding in the Florida Education Finance Program.
116     (b)  The Department of Education shall provide to each
117school district a statement of the specific limitations of the
118district's financial obligation for exceptional students with
119disabilities under federal and state law. The department shall
120also provide to each school district technical assistance as
121necessary for developing a local plan to impose on a parent's
122state of residence the fiscal responsibility for educating a
123nonresident exceptional student with a disability.
124     (c)  The Department of Education shall develop a process by
125which a school district must, before providing services to an
126exceptional student with a disability who resides in a
127residential facility in this state, review the residency of the
128student. The residential facility, not the district, is
129responsible for billing and collecting from the parent's state
130of residence for the nonresident student's educational and
131related services.
132     (d)  This subsection applies to any nonresident exceptional
133student with a disability who resides in a residential facility
134and who receives instruction as an exceptional student with a
135disability in any type of residential facility in this state,
136including, but not limited to, a private school, a group home
137facility as defined in s. 393.063, an intensive residential
138treatment program for children and adolescents as defined in s.
139395.002, a facility as defined in s. 394.455, an intermediate
140care facility for the developmentally disabled or ICF/DD as
141defined in s. 393.063 or s. 400.960, or a community residential
142home as defined in s. 419.001.
143     (3)  For purposes of this section, the term "parent" is
144defined as either or both parents of a student or any guardian
145of a student.
146     Section 2.  Section 1003.575, Florida Statutes, is created
147to read:
148     1003.575  Individual education plans for exceptional
149students.--The Department of Education shall coordinate the
150development of an individual education plan (IEP) form for use
151in developing and implementing individual education plans for
152exceptional students. The IEP form shall have a streamlined
153format and shall be compatible with federal standards. The
154department shall make the IEP form available to each school
155district in the state to facilitate the use of an existing IEP
156when a student transfers from one school district to another.
157     Section 3.  Subsection (3) of section 1003.58, Florida
158Statutes, is amended to read:
159     1003.58  Students in residential care facilities.--Each
160district school board shall provide educational programs
161according to rules of the State Board of Education to students
162who reside in residential care facilities operated by the
163Department of Children and Family Services.
164     (3)  The district school board shall have full and complete
165authority in the matter of the assignment and placement of such
166students in educational programs. The parent of an exceptional
167student shall have the same due process rights as are provided
168under s. 1003.57(1)(e)(5).
169
170Notwithstanding the provisions herein, the educational program
171at the Marianna Sunland Center in Jackson County shall be
172operated by the Department of Education, either directly or
173through grants or contractual agreements with other public or
174duly accredited educational agencies approved by the Department
175of Education.
176     Section 4.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.