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.