Florida Senate - 2009                                     SB 122
       
       
       
       By Senator Constantine
       
       
       
       
       22-00119-09                                            2009122__
    1                        A bill to be entitled                      
    2         An act relating to exceptional students with a
    3         disability; amending s. 1003.57, F.S.; providing
    4         definitions; requiring the Department of Children and
    5         Family Services, the Agency for Health Care
    6         Administration, and residential facilities licensed by
    7         the Agency for Persons with Disabilities to notify
    8         certain school districts following the placement of an
    9         exceptional student in a private residential care
   10         facility; requiring review of the student's individual
   11         educational plan; providing for determining
   12         responsibility for educational instruction; requiring
   13         the school district to report the student for funding
   14         purposes; requiring the Department of Education, in
   15         consultation with specified agencies, to develop
   16         procedures for the placement of students in
   17         residential care facilities; requiring the State Board
   18         of Education to adopt rules; requiring certain
   19         agencies to implement procedures; requiring a
   20         cooperative agreement between school districts;
   21         providing an exception; providing an effective date.
   22         
   23  Be It Enacted by the Legislature of the State of Florida:
   24         
   25         Section 1. Subsections (3) and (4) are added to section
   26  1003.57, Florida Statutes, to read:
   27         1003.57 Exceptional students instruction.—
   28         (3)(a)For purposes of this subsection and subsection (4):
   29         1.“Agency” means the Department of Children and Family
   30  Services or its contracted lead agency, the Agency for Persons
   31  with Disabilities, and the Agency for Health Care
   32  Administration.
   33         2.“Exceptional student” means an exceptional student, as
   34  defined in s. 1003.01, who has a disability.
   35         3.“Receiving school district” means the district in which
   36  a private residential care facility is located.
   37         4.“Placement” means the funding or arrangement of funding
   38  by an agency for all or a part of the cost for an exceptional
   39  student to reside in a private residential care facility and the
   40  placement crosses school district lines.
   41         (b)Within 10 business days after an exceptional student is
   42  placed in a private residential care facility by an agency, the
   43  agency or private residential care facility licensed by the
   44  agency, as appropriate, shall provide written notification of
   45  the placement to the school district where the student is
   46  currently counted for funding purposes under s. 1011.62 and the
   47  receiving school district. This paragraph applies when the
   48  placement is for the primary purpose of addressing residential
   49  or other noneducational needs and the placement crosses school
   50  district lines.
   51         (c)Within 10 business days after receiving the
   52  notification, the school district must review the student's
   53  individual educational plan (IEP) to determine if the student's
   54  IEP can be implemented by the school district or by a provider
   55  or facility under contract with the school district. The school
   56  district shall:
   57         1.Provide educational instruction to the student;
   58         2.Contract with another provider or facility to provide
   59  the educational instruction;
   60         3.Contract with the private residential care facility in
   61  which the student resides to provide the educational
   62  instruction; or
   63         4.Decline to provide or contract for educational
   64  instruction.
   65  If the school district declines to provide or contract for the
   66  educational instruction, the school district that is located
   67  within the legal residence of the student shall provide or
   68  contract for the educational instruction to the student. The
   69  school district that provides educational instruction or
   70  contracts to provide educational instruction shall report the
   71  student for funding purposes pursuant s. 1011.62.
   72         (d)1.The Department of Education, in consultation with the
   73  agencies and school districts, shall develop procedures for
   74  written notification to school districts regarding the placement
   75  of an exceptional student in a residential care facility. The
   76  procedures must:
   77         a.Provide for written notification of a placement that
   78  crosses school district lines; and
   79         b.Identify the entity responsible for the notification for
   80  each facility that is operated, licensed, or regulated by an
   81  agency.
   82         2.The State Board of Education shall adopt the procedures
   83  by rule pursuant to ss. 120.536(1) and 120.54 and the agencies
   84  shall implement the procedures.
   85         3.A residential care facility that is licensed by the
   86  Agency for Persons with Disabilities shall provide written
   87  notification to school districts when an exceptional student is
   88  placed in the residential care facility.
   89  The requirements of paragraphs (c) and (d) do not apply to
   90  written agreements among school districts which specify each
   91  school district's responsibility for providing and paying for
   92  educational services to an exceptional student in a residential
   93  care facility. However, each agreement must require a school
   94  district to review the student's IEP within 10 business days
   95  after receiving the notification required under paragraph (b).
   96         (4)The Department of Education and agencies shall enter
   97  into an agreement for interagency coordination which
   98  incorporates the elements set forth in 34 C.F.R. s. 300.154.
   99         Section 2. This act shall take effect July 1, 2009.