Senate Bill sb2130c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 2130
By the Committee on Education Pre-K - 12; and Senators
Constantine and Bullard
581-2239-07
1 A bill to be entitled
2 An act relating to exceptional students;
3 amending ss. 1003.57 and 1003.58, F.S.;
4 requiring an agency that places exceptional
5 students with disabilities in certain private
6 residential care facilities to make best
7 efforts to ensure negotiation between school
8 districts concerning the cost of that
9 placement, including the cost of specified
10 educational services; defining the terms
11 "agency" and "assigned school district";
12 requiring an agency, prior to placement of a
13 student, to notify the district school boards
14 of the student's assigned school district and
15 of the school district in which the private
16 residential care facility is located; providing
17 responsibility for the cost of providing
18 educational services to an exceptional student
19 with a disability who receives such services in
20 a school district other than his or her
21 assigned school district; requiring a study by
22 the Office of Program Policy Analysis and
23 Government Accountability of the provision of
24 educational services to certain exceptional
25 students referred to or placed in private
26 residential care facilities; defining terms;
27 requiring a report with recommendations;
28 providing an effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 2130
581-2239-07
1 Section 1. Paragraph (b) of subsection (1) of section
2 1003.57, Florida Statutes, is amended to read:
3 1003.57 Exceptional students instruction.--
4 (1) Each district school board shall provide for an
5 appropriate program of special instruction, facilities, and
6 services for exceptional students as prescribed by the State
7 Board of Education as acceptable, including provisions that:
8 (b) The district school board provide the special
9 instruction, classes, and services, either within the district
10 school system, in cooperation with other district school
11 systems, or through contractual arrangements with approved
12 private schools or community facilities that meet standards
13 established by the commissioner. At least 30 days prior to an
14 agency placing an exceptional student with a disability in a
15 private residential care facility that is not located in the
16 student's assigned school district, the agency shall provide
17 written notice of the future placement to the district school
18 board of the student's assigned school district and the
19 district school board of the school district in which the
20 private residential care facility is located and shall make
21 best efforts to ensure that the assigned school district and
22 the school district in which the student is to be placed enter
23 into an agreement concerning the cost of that placement,
24 including the costs of educational services which exceed
25 funding generated through the Florida Education Finance
26 Program under s. 1011.62. If an agreement cannot be reached,
27 the cost of providing such services shall be borne by the
28 school district in which the parent of the student maintains
29 residence or, if the student no longer resides with the
30 parent, the cost of providing educational services shall be
31 borne by the school district in which the parent maintained
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 2130
581-2239-07
1 residence at the time the student last resided with the
2 parent. For purposes of this paragraph, the term:
3 1. "Agency" means the Agency for Persons with
4 Disabilities or the Department of Children and Family
5 Services.
6 2. "Assigned school district" means the school
7 district that developed the student's most recent individual
8 education plan.
9 Section 2. Subsection (3) of section 1003.58, Florida
10 Statutes, is amended to read:
11 1003.58 Students in residential care facilities.--Each
12 district school board shall provide educational programs
13 according to rules of the State Board of Education to students
14 who reside in residential care facilities operated by the
15 Department of Children and Family Services or the Agency for
16 Persons with Disabilities.
17 (3) The district school board shall have full and
18 complete authority in the matter of the assignment and
19 placement of such students in educational programs. The parent
20 of an exceptional student shall have the same due process
21 rights as are provided under s. 1003.57(1)(e). At least 30
22 days prior to an agency placing an exceptional student with a
23 disability in a private residential care facility that is not
24 located in the student's assigned school district, the agency
25 shall provide written notice of the future placement to the
26 district school board of the student's assigned school
27 district and the district school board of the school district
28 in which the private residential care facility is located and
29 shall make best efforts to ensure that the assigned school
30 district and the school district in which the student is to be
31 placed enter into an agreement concerning the cost of that
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 2130
581-2239-07
1 placement, including the costs of educational services which
2 exceed funding generated through the Florida Education Finance
3 Program under s. 1011.62. If an agreement cannot be reached,
4 the cost of providing educational services to such student
5 shall be borne by the school district in which the parent
6 maintained residence at the time the student last resided with
7 the parent. For purposes of this paragraph, the term:
8 1. "Agency" means the Agency for Persons with
9 Disabilities or the Department of Children and Family
10 Services.
11 2. "Assigned school district" means the school
12 district that developed the student's most recent individual
13 education plan.
14
15 Notwithstanding the provisions herein, the educational program
16 at the Marianna Sunland Center in Jackson County shall be
17 operated by the Department of Education, either directly or
18 through grants or contractual agreements with other public or
19 duly accredited educational agencies approved by the
20 Department of Education.
21 Section 3. Exceptional student education for in-state
22 students placed in private residential care facilities.--
23 (1) The Office of Program Policy Analysis and
24 Government Accountability shall conduct a study of the
25 provision of educational services to certain exceptional
26 students. For purposes of this section, the term:
27 (a) "Agency" means an entity in the executive branch
28 of state government.
29 (b) "Exceptional student" means an exceptional student
30 with a disability as defined in s. 1003.01(3), Florida
31 Statutes, whose parent resides in Florida and who is referred
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 2130
581-2239-07
1 to or placed by an agency in a private residential care
2 facility.
3 (2) In conducting the study required by this section,
4 the Office of Program Policy Analysis and Government
5 Accountability shall:
6 (a) Review and summarize federal and state law and
7 administrative rules relating to the requirements for
8 educational services for exceptional students.
9 (b) Identify the practices implemented by agencies and
10 district school boards for the provision of educational
11 services to exceptional students. Such identification shall
12 include, but is not limited to:
13 1. Agency practices, prior to referral or placement,
14 for notifying and consulting with the district school board
15 that is currently serving the exceptional student and the
16 district school board of the school district in which the
17 private residential care facility is located.
18 2. Agency and district school board practices for
19 allocating financial and other responsibilities associated
20 with the provision of educational services to an exceptional
21 student.
22 (3) A final report of the study shall be submitted to
23 the President of the Senate and the Speaker of the House of
24 Representatives by December 1, 2007. The final report shall
25 include an evaluation of the practices identified under
26 paragraph (2)(b) and recommendations for the improvement of
27 those practices. The recommendations shall include, but not be
28 limited to, proposed statutory changes that will ensure the
29 equitable allocation of agency and district school board
30 responsibilities related to the provision of educational
31 services to exceptional students.
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 2130
581-2239-07
1 Section 4. This act shall take effect July 1, 2007.
2
3 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
4 Senate Bill 2130
5
6 The committee substitute requires the Department of Children
and Family Services (DCF) or the Agency for Person with
7 Disabilities (APWD) to notify district school boards prior to
placing an exceptional student in a private residential care
8 facility that is located in a school district other than the
student's assigned district. The committee substitute also:
9
-Requires the DCF and the APWD to attempt to ensure that
10 school districts enter into an agreement for paying the cost
of placement, including the cost of educational services that
11 exceed the funding generated in the Florida Education Finance
Program;
12
-Designates the parties responsible for payment if the
13 districts fail to reach an agreement;
14 -Requires the Office of Program Policy Analysis and Government
Accountability (OPPAGA) to evaluate the practices of agencies
15 and district school boards in providing educational services
to exceptional students with disabilities when they place them
16 in a private residential care facility; and
17 -Requires OPPAGA to submit a report with recommendations to
the Legislature by December 1, 2007.
18
19
20
21
22
23
24
25
26
27
28
29
30
31
6
CODING: Words stricken are deletions; words underlined are additions.