Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2130
                        Barcode 934422
                            CHAMBER ACTION
              Senate                               House
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       03/28/2007 01:47 PM         .                    
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11  The Committee on Education Pre-K - 12 (Diaz de la Portilla)
12  recommended the following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Paragraph (b) of subsection (1) of section
19  1003.57, Florida Statutes, is amended to read:
20         1003.57  Exceptional students instruction.--
21         (1)  Each district school board shall provide for an
22  appropriate program of special instruction, facilities, and
23  services for exceptional students as prescribed by the State
24  Board of Education as acceptable, including provisions that:
25         (b)  The district school board provide the special
26  instruction, classes, and services, either within the district
27  school system, in cooperation with other district school
28  systems, or through contractual arrangements with approved
29  private schools or community facilities that meet standards
30  established by the commissioner. At least 30 days prior to an
31  agency placing an exceptional student with a disability in a
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    1:23 PM   03/27/07                             s2130d-ed36-r3r

Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2130 Barcode 934422 1 private residential care facility that is not located in the 2 student's assigned school district, the agency shall provide 3 written notice of the future placement to the district school 4 board of the student's assigned school district and the 5 district school board of the school district in which the 6 private residential care facility is located and shall make 7 best efforts to ensure that the assigned school district and 8 the school district in which the student is to be placed enter 9 into an agreement concerning the cost of that placement, 10 including the costs of educational services which exceed 11 funding generated through the Florida Education Finance 12 Program under s. 1011.62. If an agreement cannot be reached, 13 the cost of providing such services shall be borne by the 14 school district in which the parent of the student maintains 15 residence or, if the student no longer resides with the 16 parent, the cost of providing educational services shall be 17 borne by the school district in which the parent maintained 18 residence at the time the student last resided with the 19 parent. For purposes of this paragraph, the term: 20 1. "Agency" means the Agency for Persons with 21 Disabilities or the Department of Children and Family 22 Services. 23 2. "Assigned school district" means the school 24 district that developed the student's most recent individual 25 education plan. 26 Section 2. Subsection (3) of section 1003.58, Florida 27 Statutes, is amended to read: 28 1003.58 Students in residential care facilities.--Each 29 district school board shall provide educational programs 30 according to rules of the State Board of Education to students 31 who reside in residential care facilities operated by the 2 1:23 PM 03/27/07 s2130d-ed36-r3r
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2130 Barcode 934422 1 Department of Children and Family Services or the Agency for 2 Persons with Disabilities. 3 (3) The district school board shall have full and 4 complete authority in the matter of the assignment and 5 placement of such students in educational programs. The parent 6 of an exceptional student shall have the same due process 7 rights as are provided under s. 1003.57(1)(e). At least 30 8 days prior to an agency placing an exceptional student with a 9 disability in a private residential care facility that is not 10 located in the student's assigned school district, the agency 11 shall provide written notice of the future placement to the 12 district school board of the student's assigned school 13 district and the district school board of the school district 14 in which the private residential care facility is located and 15 shall make best efforts to ensure that the assigned school 16 district and the school district in which the student is to be 17 placed enter into an agreement concerning the cost of that 18 placement, including the costs of educational services which 19 exceed funding generated through the Florida Education Finance 20 Program under s. 1011.62. If an agreement cannot be reached, 21 the cost of providing educational services to such student 22 shall be borne by the school district in which the parent 23 maintained residence at the time the student last resided with 24 the parent. For purposes of this paragraph, the term: 25 1. "Agency" means the Agency for Persons with 26 Disabilities or the Department of Children and Family 27 Services. 28 2. "Assigned school district" means the school 29 district that developed the student's most recent individual 30 education plan. 31 3 1:23 PM 03/27/07 s2130d-ed36-r3r
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2130 Barcode 934422 1 Notwithstanding the provisions herein, the educational program 2 at the Marianna Sunland Center in Jackson County shall be 3 operated by the Department of Education, either directly or 4 through grants or contractual agreements with other public or 5 duly accredited educational agencies approved by the 6 Department of Education. 7 Section 3. Exceptional student education for in-state 8 students placed in private residential care facilities. 9 (1) The Office of Program Policy Analysis and 10 Government Accountability shall conduct a study of the 11 provision of educational services to certain exceptional 12 students. For purposes of this section, the term: 13 (a) "Agency" means an entity in the executive branch 14 of state government. 15 (b) "Exceptional student" means an exceptional student 16 with a disability as defined in s. 1003.01(3), Florida 17 Statutes, whose parent resides in Florida and who is referred 18 to or placed by an agency in a private residential care 19 facility. 20 (2) In conducting the study required by this section, 21 the Office of Program Policy Analysis and Government 22 Accountability shall: 23 (a) Review and summarize federal and state law and 24 administrative rules relating to the requirements for 25 educational services for exceptional students. 26 (b) Identify the practices implemented by agencies and 27 district school boards for the provision of educational 28 services to exceptional students. Such identification shall 29 include, but is not limited to: 30 1. Agency practices, prior to referral or placement, 31 for notifying and consulting with the district school board 4 1:23 PM 03/27/07 s2130d-ed36-r3r
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2130 Barcode 934422 1 that is currently serving the exceptional student and the 2 district school board of the school district in which the 3 private residential care facility is located. 4 2. Agency and district school board practices for 5 allocating financial and other responsibilities associated 6 with the provision of educational services to an exceptional 7 student. 8 (3) A final report of the study shall be submitted to 9 the President of the Senate and the Speaker of the House of 10 Representatives by December 1, 2007. The final report shall 11 include an evaluation of the practices identified under 12 paragraph (2)(b) and recommendations for the improvement of 13 those practices. The recommendations shall include, but not be 14 limited to, proposed statutory changes that will ensure the 15 equitable allocation of agency and district school board 16 responsibilities related to the provision of educational 17 services to exceptional students. 18 Section 4. This act shall take effect July 1, 2007. 19 20 21 ================ T I T L E A M E N D M E N T =============== 22 And the title is amended as follows: 23 Delete everything before the enacting clause 24 25 and insert: 26 A bill to be entitled 27 An act relating to exceptional students; 28 amending ss. 1003.57 and 1003.58, F.S.; 29 requiring an agency that places exceptional 30 students with disabilities in certain private 31 residential care facilities to make best 5 1:23 PM 03/27/07 s2130d-ed36-r3r
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2130 Barcode 934422 1 efforts to ensure negotiation between school 2 districts concerning the cost of that 3 placement, including the cost of specified 4 educational services; defining the terms 5 "agency" and "assigned school district"; 6 requiring an agency, prior to placement of a 7 student, to notify the district school boards 8 of the student's assigned school district and 9 of the school district in which the private 10 residential care facility is located; providing 11 responsibility for the cost of providing 12 educational services to an exceptional student 13 with a disability who receives such services in 14 a school district other than his or her 15 assigned school district; requiring a study by 16 the Office of Program Policy Analysis and 17 Government Accountability of the provision of 18 educational services to certain exceptional 19 students referred to or placed in private 20 residential care facilities; defining terms; 21 requiring a report with recommendations; 22 providing an effective date. 23 24 25 26 27 28 29 30 31 6 1:23 PM 03/27/07 s2130d-ed36-r3r