Senate Bill sb2130

    Florida Senate - 2007                                  SB 2130

    By Senator Constantine





    22-1050-07                                          See HB 557

  1                      A bill to be entitled

  2         An act relating to exceptional students;

  3         amending ss. 1003.57 and 1003.58, F.S.;

  4         providing responsibility for the cost of

  5         providing educational services to an

  6         exceptional student with a disability who

  7         receives such services in a school district

  8         other than his or her assigned school district;

  9         providing an effective date.

10  

11  Be It Enacted by the Legislature of the State of Florida:

12  

13         Section 1.  Paragraph (b) of subsection (1) of section

14  1003.57, Florida Statutes, is amended to read:

15         1003.57  Exceptional students instruction.--

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

17  appropriate program of special instruction, facilities, and

18  services for exceptional students as prescribed by the State

19  Board of Education as acceptable, including provisions that:

20         (b)  The district school board provide the special

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

22  school system, in cooperation with other district school

23  systems, or through contractual arrangements with approved

24  private schools or community facilities that meet standards

25  established by the commissioner. If an exceptional student

26  with a disability receives educational services in a school

27  district other than his or her assigned school district, the

28  cost of providing such services shall be borne by the school

29  district in which the parent of the student maintains

30  residence or, if the student no longer resides with the

31  parent, the cost of providing such services shall be borne by

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






    Florida Senate - 2007                                  SB 2130
    22-1050-07                                          See HB 557




 1  the school district in which the parent maintained residence

 2  at the time the student last resided with the parent.

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

 4  Statutes, is amended to read:

 5         1003.58  Students in residential care facilities.--Each

 6  district school board shall provide educational programs

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

 8  who reside in residential care facilities operated by the

 9  Department of Children and Family Services or the Agency for

10  Persons with Disabilities.

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

12  complete authority in the matter of the assignment and

13  placement of such students in educational programs. The parent

14  of an exceptional student shall have the same due process

15  rights as are provided under s. 1003.57(1)(e). If the

16  residential care facility in which an exceptional student with

17  a disability resides is located in a school district other

18  than the student's assigned school district, the cost of

19  providing educational services to such student shall be borne

20  by the school district in which the parent maintained

21  residence at the time the student last resided with the

22  parent.

23  

24  Notwithstanding the provisions herein, the educational program

25  at the Marianna Sunland Center in Jackson County shall be

26  operated by the Department of Education, either directly or

27  through grants or contractual agreements with other public or

28  duly accredited educational agencies approved by the

29  Department of Education.

30         Section 3.  This act shall take effect July 1, 2007.

31  

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