HB 557

1
A bill to be entitled
2An act relating to exceptional students; amending ss.
31003.57 and 1003.58, F.S.; providing responsibility for
4the cost of providing educational services to an
5exceptional student with a disability who receives such
6services in a school district other than his or her
7assigned school district; providing an effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Paragraph (b) of subsection (1) of section
121003.57, Florida Statutes, is amended to read:
13     1003.57  Exceptional students instruction.--
14     (1)  Each district school board shall provide for an
15appropriate program of special instruction, facilities, and
16services for exceptional students as prescribed by the State
17Board of Education as acceptable, including provisions that:
18     (b)  The district school board provide the special
19instruction, classes, and services, either within the district
20school system, in cooperation with other district school
21systems, or through contractual arrangements with approved
22private schools or community facilities that meet standards
23established by the commissioner. If an exceptional student with
24a disability receives educational services in a school district
25other than his or her assigned school district, the cost of
26providing such services shall be borne by the school district in
27which the parent of the student maintains residence or, if the
28student no longer resides with the parent, the cost of providing
29such services shall be borne by the school district in which the
30parent maintained residence at the time the student last resided
31with the parent.
32     Section 2.  Subsection (3) of section 1003.58, Florida
33Statutes, is amended to read:
34     1003.58  Students in residential care facilities.--Each
35district school board shall provide educational programs
36according to rules of the State Board of Education to students
37who reside in residential care facilities operated by the
38Department of Children and Family Services or the Agency for
39Persons with Disabilities.
40     (3)  The district school board shall have full and complete
41authority in the matter of the assignment and placement of such
42students in educational programs. The parent of an exceptional
43student shall have the same due process rights as are provided
44under s. 1003.57(1)(e). If the residential care facility in
45which an exceptional student with a disability resides is
46located in a school district other than the student's assigned
47school district, the cost of providing educational services to
48such student shall be borne by the school district in which the
49parent maintained residence at the time the student last resided
50with the parent.
51
52Notwithstanding the provisions herein, the educational program
53at the Marianna Sunland Center in Jackson County shall be
54operated by the Department of Education, either directly or
55through grants or contractual agreements with other public or
56duly accredited educational agencies approved by the Department
57of Education.
58     Section 3.  This act shall take effect July 1, 2007.


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