Florida Senate - 2008 CS for SB 318
By the Committee on Education Pre-K - 12; and Senator Constantine
A bill to be entitled
An act relating to exceptional students; amending s.
1003.57, F.S.; requiring notification to school districts
by the Department of Children and Family Services and the
Agency for Persons with Disabilities under certain
circumstances; requiring a review of a student's
individual educational plan; providing for a determination
of responsibility for educational instruction; requiring
the reporting of the student for funding purposes;
providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Subsection (3) is added to section 1003.57,
Florida Statutes, to read:
1003.57 Exceptional students instruction.--
(3)(a) Within 10 days after an exceptional student with a
disability is placed in or referred to a private residential care
facility by the Department of Children and Family Services or the
Agency for Persons with Disabilities, the department or agency as
appropriate, must provide notification of the placement or
referral to the school district in which the private residential
care facility is located. This subsection applies when the
placement or referral is for the primary purpose of addressing
residential or other noneducational needs and the placement or
referral crosses school district lines.
(b) Within 10 days after receiving the notification, the
school district in which the private residential care facility is
located must review the student's individual educational plan to
determine if the student may benefit from instruction provided by
the school district or by a provider or facility under contract
with the school district. The school district shall provide
educational instruction to the student, contract with another
provider or facility to provide the educational instruction,
contract with the private residential care facility in which the
student resides to provide the educational instruction, or
decline to provide or contract for educational instruction. If
the school district declines to provide or contract for the
educational instruction, the school district in which the student
was enrolled prior to the placement in or referral to the private
residential care facility shall provide or contract for the
educational instruction to the student. The school district that
provides educational instruction or contracts to provide
educational instruction shall report the student for funding
purposes under s. 1011.62.
Section 2. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.