1 | A bill to be entitled |
2 | An act relating to exceptional students; amending ss. |
3 | 1003.57 and 1003.58, F.S.; providing responsibility for |
4 | the cost of providing educational services to an |
5 | exceptional student with a disability who receives such |
6 | services in a school district other than his or her |
7 | assigned school district; providing an effective date. |
8 |
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9 | Be It Enacted by the Legislature of the State of Florida: |
10 |
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11 | Section 1. Paragraph (b) of subsection (1) of section |
12 | 1003.57, Florida Statutes, is amended to read: |
13 | 1003.57 Exceptional students instruction.-- |
14 | (1) Each district school board shall provide for an |
15 | appropriate program of special instruction, facilities, and |
16 | services for exceptional students as prescribed by the State |
17 | Board of Education as acceptable, including provisions that: |
18 | (b) The district school board provide the special |
19 | instruction, classes, and services, either within the district |
20 | school system, in cooperation with other district school |
21 | systems, or through contractual arrangements with approved |
22 | private schools or community facilities that meet standards |
23 | established by the commissioner. If an exceptional student with |
24 | a disability receives educational services in a school district |
25 | other than his or her assigned school district, the cost of |
26 | providing such services shall be borne by the school district in |
27 | which the parent of the student maintains residence or, if the |
28 | student no longer resides with the parent, the cost of providing |
29 | such services shall be borne by the school district in which the |
30 | parent maintained residence at the time the student last resided |
31 | with the parent. |
32 | Section 2. Subsection (3) of section 1003.58, Florida |
33 | Statutes, is amended to read: |
34 | 1003.58 Students in residential care facilities.--Each |
35 | district school board shall provide educational programs |
36 | according to rules of the State Board of Education to students |
37 | who reside in residential care facilities operated by the |
38 | Department of Children and Family Services or the Agency for |
39 | Persons with Disabilities. |
40 | (3) The district school board shall have full and complete |
41 | authority in the matter of the assignment and placement of such |
42 | students in educational programs. The parent of an exceptional |
43 | student shall have the same due process rights as are provided |
44 | under s. 1003.57(1)(e). If the residential care facility in |
45 | which an exceptional student with a disability resides is |
46 | located in a school district other than the student's assigned |
47 | school district, the cost of providing educational services to |
48 | such student shall be borne by the school district in which the |
49 | parent maintained residence at the time the student last resided |
50 | with the parent. |
51 |
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52 | Notwithstanding the provisions herein, the educational program |
53 | at the Marianna Sunland Center in Jackson County shall be |
54 | operated by the Department of Education, either directly or |
55 | through grants or contractual agreements with other public or |
56 | duly accredited educational agencies approved by the Department |
57 | of Education. |
58 | Section 3. This act shall take effect July 1, 2007. |