CS/HB 359

1
A bill to be entitled
2An act relating to exceptional students; amending s.
31003.57, F.S.; providing definitions; requiring the
4Department of Education, in consultation with specified
5agencies, to develop procedures relating to notification
6of school districts of the placement of exceptional
7students in residential care facilities; requiring a
8school district to review a student's individual education
9plan; providing for a determination of responsibility for
10educational instruction; requiring specified reporting of
11a student for funding purposes; amending s. 1003.58, F.S.;
12requiring a cooperative agreement for interagency
13coordination to ensure that certain services are provided
14for students in residential care facilities; providing an
15effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Subsection (3) is added to section 1003.57,
20Florida 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
24Services or its contracted lead agency, the Agency for Persons
25with Disabilities, and the Agency for Health Care
26Administration.
27     2.  "Home school district" means the district that is the
28legal residence of the student.
29     3.  "Receiving school district" means the district in which
30the private residential care facility serving a student is
31located.
32     4.  "Residential placement" or "placement" occurs when an
33agency has funded or arranged for the funding of all or a part
34of the cost of an exceptional student to live in a facility that
35provides educational services operated or licensed by the
36agency.
37     (b)  The Department of Education, in consultation with the
38Department of Children and Family Services, the Agency for
39Persons with Disabilities, the Agency for Health Care
40Administration, and school districts, shall develop procedures
41for the timely notification of school districts regarding the
42placement of exceptional students in residential care
43facilities. The procedures must provide written notification
44within 10 days after the residential placement to the school
45district where the child is currently reported as a full-time
46equivalent student for Florida Education Finance Program
47purposes and to the school district where the facility is
48located if the facility is located in a different school
49district. The procedures must also identify the agency or other
50entity responsible for notification for each type of facility
51that the agencies operate, regulate, or license. Notification,
52as required by this subsection, for students admitted to
53residential care facilities licensed by the Agency for Persons
54with Disabilities shall be provided by the facility.
55     (c)  Within 10 days after receiving the written
56notification, the receiving school district must review the
57student's individual education plan to determine if the student
58may benefit from instruction provided by the school district or
59by a provider or facility under contract with the school
60district. The school district shall:
61     1.  Provide educational instruction to the student;
62     2.  Contract with another provider or facility to provide
63the educational instruction;
64     3.  Contract with the private residential care facility in
65which the student resides to provide the educational
66instruction; or
67     4.  Decline to provide or contract for educational
68instruction. If the receiving school district declines to
69provide or contract for the educational instruction, the home
70school district of the student shall provide or contract for the
71educational instruction to the student.
72     (d)  The school district that provides or contracts to
73provide educational instruction shall report the student for
74funding purposes under s. 1011.62.
75     Section 2.  Subsection (4) of section 1003.58, Florida
76Statutes, is amended to read:
77     1003.58  Students in residential care facilities.--Each
78district school board shall provide educational programs
79according to rules of the State Board of Education to students
80who reside in residential care facilities operated by the
81Department of Children and Family Services or the Agency for
82Persons with Disabilities.
83     (4)(a)  The district school board shall have a written
84agreement with the Department of Children and Family Services
85and the Agency for Persons with Disabilities outlining the
86respective duties and responsibilities of each party.
87     (b)  The Department of Education, the Department of
88Children and Family Services, the Agency for Persons with
89Disabilities, and the Agency for Health Care Administration
90shall enter into a cooperative agreement for interagency
91coordination to ensure that the services required by the
92Individuals with Disabilities Education Act are provided. The
93agreement shall incorporate the elements set out in 34 C.F.R. s.
94300.154.
95
96Notwithstanding the provisions herein, the educational program
97at the Marianna Sunland Center in Jackson County shall be
98operated by the Department of Education, either directly or
99through grants or contractual agreements with other public or
100duly accredited educational agencies approved by the Department
101of Education.
102     Section 3.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.