Senate Bill sb2130c1

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    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  

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    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

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    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

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    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

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    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.

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    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;
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    -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.
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