1

A bill to be entitled

2

An act relating to exceptional students; amending ss.

3

1003.57 and 1003.58, F.S.; specifying 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

9

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

10

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 systems,

21

or through contractual arrangements with approved private schools

22

or community facilities that meet standards established by the

23

commissioner. If an exceptional student with a disability

24

receives educational services in a school district other than his

25

or her assigned school district, the cost of providing such

26

services shall be borne by the school district in which the

27

parent of the student maintains residence or, if the student no

28

longer resides with the parent, the cost of providing such

29

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 which

45

an exceptional student with a disability resides is located in a

46

school district other than the student's assigned school

47

district, the cost of providing educational services to such

48

student shall be borne by the school district in which the parent

49

maintained residence at the time the student last resided with

50

the parent.

51

52

Notwithstanding the provisions herein, the educational program at

53

the Marianna Sunland Center in Jackson County shall be operated

54

by the Department of Education, either directly or through grants

55

or contractual agreements with other public or duly accredited

56

educational agencies approved by the Department of Education.

57

     Section 3.  This act shall take effect July 1, 2008.