Florida Senate - 2008 CS for SB 318
By the Committee on Education Pre-K - 12; and Senator Constantine
581-06500-08 2008318c1
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A bill to be entitled
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An act relating to exceptional students; amending s.
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1003.57, F.S.; requiring notification to school districts
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by the Department of Children and Family Services and the
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Agency for Persons with Disabilities under certain
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circumstances; requiring a review of a student's
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individual educational plan; providing for a determination
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of responsibility for educational instruction; requiring
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the reporting of the student for funding purposes;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (3) is added to section 1003.57,
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Florida Statutes, to read:
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1003.57 Exceptional students instruction.--
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(3)(a) Within 10 days after an exceptional student with a
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disability is placed in or referred to a private residential care
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facility by the Department of Children and Family Services or the
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Agency for Persons with Disabilities, the department or agency as
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appropriate, must provide notification of the placement or
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referral to the school district in which the private residential
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care facility is located. This subsection applies when the
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placement or referral is for the primary purpose of addressing
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residential or other noneducational needs and the placement or
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referral crosses school district lines.
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(b) Within 10 days after receiving the notification, the
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school district in which the private residential care facility is
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located must review the student's individual educational plan to
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determine if the student may benefit from instruction provided by
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the school district or by a provider or facility under contract
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with the school district. The school district shall provide
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educational instruction to the student, contract with another
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provider or facility to provide the educational instruction,
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contract with the private residential care facility in which the
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student resides to provide the educational instruction, or
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decline to provide or contract for educational instruction. If
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the school district declines to provide or contract for the
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educational instruction, the school district in which the student
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was enrolled prior to the placement in or referral to the private
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residential care facility shall provide or contract for the
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educational instruction to the student. The school district that
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provides educational instruction or contracts to provide
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educational instruction shall report the student for funding
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purposes under s. 1011.62.
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Section 2. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.