HB 7089

1	A bill to be entitled
2	An act relating to exceptional students; amending s.
3	1003.57, F.S.; revising provisions relating to due process
4	hearings for exceptional students; requiring that such
5	hearings be conducted by an administrative law judge from
6	the Division of Administrative Hearings pursuant to a
7	contract with the Department of Education; providing that
8	any party to a hearing related to gifted students may
9	request that the findings or decision be reviewed by the
10	district court of appeal; authorizing a district school
11	board to consider a change in placement for a student who
12	has a disability if the student engages in behavior that
13	violates the district school board's code of student
14	conduct; providing for the removal and placement of such
15	student in an alternative educational setting for a
16	limited period; specifying the grounds for removal;
17	providing definitions for the terms "controlled substance"
18	and "weapon"; creating s. 1003.571, F.S.; requiring that
19	the State Board of Education comply with the Individuals
20	with Disabilities Education Act after evaluating and
21	determining that such act is consistent with certain
22	principles; requiring that the State Board of Education
23	adopt rules; amending s. 1003.58, F.S.; conforming a
24	cross-reference; providing an effective date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1.  Subsection (1) of section 1003.57, Florida
29	Statutes, is amended to read:
30	1003.57  Exceptional students instruction.--
31	(1)(a)  Each district school board shall provide for an
32	appropriate program of special instruction, facilities, and
33	services for exceptional students as prescribed by the State
34	Board of Education as acceptable, including provisions that:
35	1.(a)  The district school board provide the necessary
36	professional services for diagnosis and evaluation of
37	exceptional students.
38	2.(b)  The district school board provide the special
39	instruction, classes, and services, either within the district
40	school system, in cooperation with other district school
41	systems, or through contractual arrangements with approved
42	private schools or community facilities that meet standards
43	established by the commissioner.
44	3.(c)  The district school board annually provide
45	information describing the Florida School for the Deaf and the
46	Blind and all other programs and methods of instruction
47	available to the parent of a sensory-impaired student.
48	4.(d)  The district school board, once every 3 years,
49	submit to the department its proposed procedures for the
50	provision of special instruction and services for exceptional
51	students.
52	(b)(e)  A student may not be given special instruction or
53	services as an exceptional student until after he or she has
54	been properly evaluated, classified, and placed in the manner
55	prescribed by rules of the State Board of Education. The parent
56	of an exceptional student evaluated and placed or denied
57	placement in a program of special education shall be notified of
58	each such evaluation and placement or denial. Such notice shall
59	contain a statement informing the parent that he or she is
60	entitled to a due process hearing on the identification,
61	evaluation, and placement, or lack thereof. Such hearings are
62	shall be exempt from the provisions of ss. 120.569, 120.57, and
63	286.011, except to the extent that the State Board of Education
64	adopts rules establishing other procedures. and Any records
65	created as a result of such hearings are shall be confidential
66	and exempt from the provisions of s. 119.07(1). The hearing must
67	be conducted by an administrative law judge from the Division of
68	Administrative Hearings pursuant to a contract between the
69	Department of Education and the Division of Administrative
70	Hearings of the Department of Management Services. The decision
71	of the administrative law judge is shall be final, except that
72	any party aggrieved by the finding and decision rendered by the
73	administrative law judge has shall have the right to bring a
74	civil action in the state circuit court. In such an action, the
75	court shall receive the records of the administrative hearing
76	and shall hear additional evidence at the request of either
77	party. In the alternative, in hearings conducted on behalf of a
78	student who is identified as gifted, any party aggrieved by the
79	finding and decision rendered by the administrative law judge
80	has shall have the right to request a an impartial review of the
81	administrative law judge's order by the district court of appeal
82	as provided in by s. 120.68.
83	(c)  Notwithstanding any law to the contrary, during the
84	pendency of any proceeding conducted pursuant to this section,
85	unless the district school board and the parents otherwise
86	agree, the student shall remain in his or her then-current
87	educational assignment or, if applying for initial admission to
88	a public school, shall be assigned, with the consent of the
89	parents, in the public school program until all such proceedings
90	have been completed.
91	(d)(f)  In providing for the education of exceptional
92	students, the district school superintendent, principals, and
93	teachers shall utilize the regular school facilities and adapt
94	them to the needs of exceptional students to the maximum extent
95	appropriate. Segregation of exceptional students shall occur
96	only if the nature or severity of the exceptionality is such
97	that education in regular classes with the use of supplementary
98	aids and services cannot be achieved satisfactorily.
99	(e)(g)  In addition to the services agreed to in a
100	student's individual educational education plan, the district
101	school superintendent shall fully inform the parent of a student
102	having a physical or developmental disability of all available
103	services that are appropriate for the student's disability. The
104	superintendent shall provide the student's parent with a summary
105	of the student's rights.
106	(f)  School personnel may consider any unique circumstances
107	on a case-by-case basis when determining whether a change in
108	placement is appropriate for a student who has a disability and
109	violates a district school board's code of student conduct.
110	School personnel may remove and place such student in an interim
111	alternative educational setting for not more than 45 school
112	days, without regard to whether the behavior is determined to be
113	a manifestation of the student's disability, if the student:
114	1.  Carries a weapon to or possesses a weapon at school, on
115	school premises, or at a school function under the jurisdiction
116	of the school district;
117	2.  Knowingly possesses or uses illegal drugs, or sells or
118	solicits the sale of a controlled substance, while at school, on
119	school premises, or at a school function under the jurisdiction
120	of the school district; or
121	3.  Has inflicted serious bodily injury upon another person
122	while at school, on school premises, or at a school function
123	under the jurisdiction of the school district.
124	(g)  For purposes of paragraph (f), the term:
125	1.  "Controlled substance" means a drug or other substance
126	identified under Schedule I, Schedule II, Schedule III, Schedule
127	IV, or Schedule V of the Controlled Substances Act, 21 U.S.C. s.
128	812(c) and s. 893.02(4).
129	2.  "Weapon" means a device, instrument, material, or
130	substance, animate or inanimate, which is used for, or is
131	readily capable of, causing death or serious bodily injury;
132	however, this definition does not include a pocketknife having a
133	blade that is less than 2 1/2 inches in length.
134	Section 2.  Section 1003.571, Florida Statutes, is created
135	to read:
136	1003.571  Instruction for exceptional students who have a
137	disability.--
138	(1)  The State Board of Education shall comply with the
139	Individuals with Disabilities Education Act (IDEA), as amended,
140	and its implementing regulations after evaluating and
141	determining that the IDEA, as amended, and its implementing
142	regulations are consistent with the following principles:
143	(a)  Ensuring that all children who have disabilities are
144	afforded a free and appropriate public education that emphasizes
145	special education and related services designed to meet their
146	unique needs and prepare them for further education, employment,
147	and independent living;
148	(b)  Ensuring that the rights of children who have
149	disabilities and their parents are protected; and
150	(c)  Assessing and ensuring the effectiveness of efforts to
151	educate children who have disabilities.
152	(2)  The State Board of Education shall adopt rules
153	pursuant to ss. 120.536(1) and 120.54 to implement this section.
154	Section 3.  Subsection (3) of section 1003.58, Florida
155	Statutes, is amended to read:
156	1003.58  Students in residential care facilities.--Each
157	district school board shall provide educational programs
158	according to rules of the State Board of Education to students
159	who reside in residential care facilities operated by the
160	Department of Children and Family Services or the Agency for
161	Persons with Disabilities.
162	(3)  The district school board shall have full and complete
163	authority in the matter of the assignment and placement of such
164	students in educational programs. The parent of an exceptional
165	student shall have the same due process rights as are provided
166	under s. 1003.57(1)(b) s. 1003.57(1)(e).
167
168	Notwithstanding the provisions herein, the educational program
169	at the Marianna Sunland Center in Jackson County shall be
170	operated by the Department of Education, either directly or
171	through grants or contractual agreements with other public or
172	duly accredited educational agencies approved by the Department
173	of Education.
174	Section 4.  This act shall take effect July 1, 2009.

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