Senate Bill sb2130c2

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    Florida Senate - 2007        (Corrected Copy) CS for CS for SB

                                                              2130
    By the Committees on Education Pre-K - 12 Appropriations;
    Education Pre-K - 12; and Senators Constantine, Bullard and
    Gaetz


    602-2480-07

  1                      A bill to be entitled

  2         An act relating to exceptional students;

  3         requiring a study by the Office of Program

  4         Policy Analysis and Government Accountability

  5         of the provision of educational services to

  6         certain exceptional students referred to or

  7         placed in private residential care facilities;

  8         defining terms; requiring a report with

  9         recommendations; providing an effective date.

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

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13         Section 1.  The Office of Program Policy Analysis and

14  Government Accountability shall conduct a study of exceptional

15  student education for in-state students placed in private

16  residential care facilities.

17         (1)  For purposes of this section, the term:

18         (a)  "Agency" means an entity in the executive branch

19  of state government.

20         (b)  "Exceptional student" means an exceptional student

21  with a disability as defined in s. 1003.01(3), Florida

22  Statutes, whose parent resides in Florida and who is referred

23  to or placed by an agency in a private residential care

24  facility.

25         (2)  In conducting the study required by this section,

26  the Office of Program Policy Analysis and Government

27  Accountability shall:

28         (a)  Review and summarize federal and state law and

29  administrative rules relating to the requirements for

30  educational services for exceptional students.

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    Florida Senate - 2007        (Corrected Copy) CS for CS for SB

                                                              2130
    602-2480-07


 1         (b)  Identify the practices implemented by agencies and

 2  district school boards for the provision of educational

 3  services to exceptional students. Such identification shall

 4  include, but is not limited to:

 5         1.  Agency practices, prior to referral or placement,

 6  for notifying and consulting with the district school board

 7  that is currently serving the exceptional student and the

 8  district school board of the school district in which the

 9  private residential care facility is located.

10         2.  Agency and district school board practices for

11  allocating financial and other responsibilities associated

12  with the provision of educational services to an exceptional

13  student.

14         (3)  A final report of the study shall be submitted to

15  the President of the Senate and the Speaker of the House of

16  Representatives by December 31, 2007. The final report shall

17  include an evaluation of the practices identified under

18  paragraph (2)(b) and recommendations for the improvement of

19  those practices. The recommendations shall include, but not be

20  limited to, proposed statutory changes that will ensure the

21  equitable allocation of agency and district school board

22  responsibilities related to the provision of educational

23  services to exceptional students.

24         Section 2.  This act shall take effect July 1, 2007.

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    Florida Senate - 2007        (Corrected Copy) CS for CS for SB

                                                              2130
    602-2480-07


 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                     CS for Senate Bill 2130

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 4  The committee substitute removes the notice requirement for
    the Department of Children and Family Services or the Agency
 5  for Persons with Disabilities to the two affected school
    districts when the agency places a student in a private
 6  residential facility.  Also, the agencies will not be
    responsible for the two school districts to reach agreement on
 7  the fiscal responsibility for such a placement.  In addition,
    the committee substitute does not require the assigned
 8  district to be responsible for the payment of placement and
    educational costs for a student so placed when the two
 9  districts are unable to reach agreement.

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