1 | A bill to be entitled |
2 | An act relating to exceptional students; amending s. |
3 | 1003.57, F.S.; providing definitions; requiring the |
4 | Department of Education, in consultation with specified |
5 | agencies, to develop procedures relating to notification |
6 | of school districts of the placement of exceptional |
7 | students in residential care facilities; requiring a |
8 | school district to review a student's individual education |
9 | plan; providing for a determination of responsibility for |
10 | educational instruction; requiring specified reporting of |
11 | a student for funding purposes; amending s. 1003.58, F.S.; |
12 | requiring a cooperative agreement for interagency |
13 | coordination to ensure that certain services are provided |
14 | for students in residential care facilities; providing an |
15 | effective date. |
16 |
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17 | Be It Enacted by the Legislature of the State of Florida: |
18 |
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19 | Section 1. Subsection (3) is added to section 1003.57, |
20 | Florida Statutes, to read: |
21 | 1003.57 Exceptional students instruction.-- |
22 | (3)(a) For purposes of this subsection: |
23 | 1. "Agency" means the Department of Children and Family |
24 | Services or its contracted lead agency, the Agency for Persons |
25 | with Disabilities, and the Agency for Health Care |
26 | Administration. |
27 | 2. "Home school district" means the district that is the |
28 | legal residence of the student. |
29 | 3. "Receiving school district" means the district in which |
30 | the private residential care facility serving a student is |
31 | located. |
32 | 4. "Residential placement" or "placement" occurs when an |
33 | agency has funded or arranged for the funding of all or a part |
34 | of the cost of an exceptional student to live in a facility that |
35 | provides educational services operated or licensed by the |
36 | agency. |
37 | (b) The Department of Education, in consultation with the |
38 | Department of Children and Family Services, the Agency for |
39 | Persons with Disabilities, the Agency for Health Care |
40 | Administration, and school districts, shall develop procedures |
41 | for the timely notification of school districts regarding the |
42 | placement of exceptional students in residential care |
43 | facilities. The procedures must provide written notification |
44 | within 10 days after the residential placement to the school |
45 | district where the child is currently reported as a full-time |
46 | equivalent student for Florida Education Finance Program |
47 | purposes and to the school district where the facility is |
48 | located if the facility is located in a different school |
49 | district. The procedures must also identify the agency or other |
50 | entity responsible for notification for each type of facility |
51 | that the agencies operate, regulate, or license. Notification, |
52 | as required by this subsection, for students admitted to |
53 | residential care facilities licensed by the Agency for Persons |
54 | with Disabilities shall be provided by the facility. |
55 | (c) Within 10 days after receiving the written |
56 | notification, the receiving school district must review the |
57 | student's individual education plan to determine if the student |
58 | may benefit from instruction provided by the school district or |
59 | by a provider or facility under contract with the school |
60 | district. The school district shall: |
61 | 1. Provide educational instruction to the student; |
62 | 2. Contract with another provider or facility to provide |
63 | the educational instruction; |
64 | 3. Contract with the private residential care facility in |
65 | which the student resides to provide the educational |
66 | instruction; or |
67 | 4. Decline to provide or contract for educational |
68 | instruction. If the receiving school district declines to |
69 | provide or contract for the educational instruction, the home |
70 | school district of the student shall provide or contract for the |
71 | educational instruction to the student. |
72 | (d) The school district that provides or contracts to |
73 | provide educational instruction shall report the student for |
74 | funding purposes under s. 1011.62. |
75 | Section 2. Subsection (4) of section 1003.58, Florida |
76 | Statutes, is amended to read: |
77 | 1003.58 Students in residential care facilities.--Each |
78 | district school board shall provide educational programs |
79 | according to rules of the State Board of Education to students |
80 | who reside in residential care facilities operated by the |
81 | Department of Children and Family Services or the Agency for |
82 | Persons with Disabilities. |
83 | (4)(a) The district school board shall have a written |
84 | agreement with the Department of Children and Family Services |
85 | and the Agency for Persons with Disabilities outlining the |
86 | respective duties and responsibilities of each party. |
87 | (b) The Department of Education, the Department of |
88 | Children and Family Services, the Agency for Persons with |
89 | Disabilities, and the Agency for Health Care Administration |
90 | shall enter into a cooperative agreement for interagency |
91 | coordination to ensure that the services required by the |
92 | Individuals with Disabilities Education Act are provided. The |
93 | agreement shall incorporate the elements set out in 34 C.F.R. s. |
94 | 300.154. |
95 |
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96 | Notwithstanding the provisions herein, the educational program |
97 | at the Marianna Sunland Center in Jackson County shall be |
98 | operated by the Department of Education, either directly or |
99 | through grants or contractual agreements with other public or |
100 | duly accredited educational agencies approved by the Department |
101 | of Education. |
102 | Section 3. This act shall take effect July 1, 2008. |