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
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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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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
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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.
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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
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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.
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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
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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
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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.
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