1

The Committee on Education Pre-K - 12 Appropriations

2

(Constantine) recommended the following amendment:

3

4

     Senate Amendment (with title amendment)

5

     Delete everything after the enacting clause

6

and insert:

7

8

     Section 1.  Subsections (3) and (4) are added to section

9

1003.57, Florida Statutes, to read:

10

     1003.57  Exceptional students instruction.--

11

     (3)(a) For purposes of this subsection and subsection (4):

12

     1. "Agency" means the Department of Children and Family

13

Services or its contracted lead agency, the Agency for Persons

14

with Disabilities, and the Agency for Health Care Administration.

15

     2. "Exceptional student" means an exceptional student, as

16

defined in s. 1003.01, who has a disability.

17

     3. "Receiving school district" means the district in which

18

a private residential care facility is located.

19

     4. "Placement" means the funding or arrangement of funding

20

by an agency for all or a part of the cost for an exceptional

21

student to reside in a private residential care facility and the

22

placement crosses school district lines.

23

     (b) Within 10 business days after an exceptional student is

24

placed in a private residential care facility by an agency, the

25

agency or private residential care facility licensed by the

26

agency, as appropriate, shall provide written notification of the

27

placement to the school district, where the student is currently

28

counted for funding purposes under s. 1011.62, and the receiving

29

school district. This paragraph applies when the placement is for

30

the primary purpose of addressing residential or other

31

noneducational needs and the placement crosses school district

32

lines.

33

     (c) Within 10 business days after receiving the

34

notification, the school district must review the student's

35

individual educational plan (IEP) to determine if the student's

36

IEP can be implemented by the school district or by a provider or

37

facility under contract with the school district. The school

38

district shall:

39

     1. Provide educational instruction to the student;

40

     2. Contract with another provider or facility to provide

41

the educational instruction;

42

     3. Contract with the private residential care facility in

43

which the student resides to provide the educational instruction;

44

or

45

     4. Decline to provide or contract for educational

46

instruction.

47

48

If the school district declines to provide or contract for the

49

educational instruction, the school district that is located

50

within the legal residence of the student shall provide or

51

contract for the educational instruction to the student. The

52

school district that provides educational instruction or

53

contracts to provide educational instruction shall report the

54

student for funding purposes pursuant s. 1011.62.

55

     (d)1. The Department of Education, in consultation with the

56

agencies and school districts, shall develop procedures for

57

written notification to school districts regarding the placement

58

of an exceptional student in a residential care facility. The

59

procedures must:

60

     a. Provide for written notification of a placement that

61

crosses school district lines; and

62

     b. Identify the entity responsible for the notification for

63

each facility that is operated, licensed, or regulated by an

64

agency.

65

     2. The State Board of Education shall adopt the procedures

66

by rule pursuant to ss. 120.536(1) and 120.54 and the agencies

67

shall implement the procedures. The Agency for Persons with

68

Disabilities shall adopt rules pursuant to ss. 120.536(1) and

69

120.54 which require a residential care facility that is licensed

70

by the Agency for Persons with Disabilities to notify school

71

districts when an exceptional student is placed in the

72

residential care facility.

73

74

The requirements of paragraphs (c) and (d) do not apply to

75

written agreements among school districts which specify each

76

school district's responsibility for providing and paying for

77

educational services to an exceptional student in a residential

78

care facility. However, each agreement must require a school

79

district to review the student's IEP within 10 business days

80

after receiving the notification required under paragraph (b).

81

     (4) The Department of Education and agencies shall enter

82

into an agreement for interagency coordination which incorporates

83

the elements set forth in 34 C.F.R. s. 300.154.

84

     Section 2. This act shall take effect July 1, 2008.

85

86

================ T I T L E  A M E N D M E N T ================

87

And the title is amended as follows:

88

     Delete everything before the enacting clause

89

and insert:

90

A bill to be entitled

91

An act relating to exceptional students with a disability;

92

amending s. 1003.57, F.S.; providing definitions;

93

requiring the Department of Children and Family Services,

94

the Agency for Health Care Administration, and residential

95

facilities licensed by the Agency for Persons with

96

Disabilities to notify a school district under certain

97

circumstances; requiring the review of a student's

98

individual educational plan; providing for a determination

99

of responsibility for educational instruction; requiring

100

the school district to report the student for funding

101

purposes; requiring the Department of Education, in

102

consultation with specified agencies, to develop

103

procedures for the placement of students in residential

104

care facilities; requiring the State Board of Education

105

and the Agency for Persons with Disabilities to adopt

106

rules; requiring certain agencies to implement procedures;

107

requiring a cooperative agreement; providing an exception;

108

providing an effective date.

4/22/2008  8:13:00 AM     602-08246-08