Florida Senate - 2013                                    SB 1108
       By Senators Gardiner and Thrasher
       13-00309A-13                                          20131108__
    1                        A bill to be entitled                      
    2         An act relating to exceptional student education;
    3         amending s. 1002.20, F.S.; prohibiting certain actions
    4         with respect to parent meetings with school district
    5         personnel; providing requirements for meetings
    6         relating to exceptional student education and related
    7         services; amending s. 1002.33, F.S.; providing
    8         requirements for the reimbursement of federal funds to
    9         charter schools; amending s. 1002.41, F.S.; requiring
   10         a school district to provide exceptional student
   11         education-related services to certain home education
   12         program students; requiring reporting and funding
   13         through the Florida Education Finance Program;
   14         amending s. 1003.57, F.S.; requiring a school district
   15         to use specified terms to describe the instructional
   16         setting for certain exceptional students; defining the
   17         term “inclusion” for purposes of exceptional student
   18         instruction; providing for determination of
   19         eligibility as an exceptional student; requiring
   20         certain assessments to facilitate inclusive
   21         educational practices for exceptional students;
   22         creating s. 1003.5715, F.S.; requiring the use of
   23         parental consent forms for specified actions in a
   24         student’s individual education plan; providing
   25         requirements for the consent forms; providing
   26         requirements for changes in a student’s individual
   27         education plan; requiring the State Board of Education
   28         to adopt rules; creating s. 1003.572, F.S.; defining
   29         the term “private instructional personnel”;
   30         encouraging the collaboration of public and private
   31         instructional personnel and providing requirements
   32         therefor; amending s. 1003.58, F.S.; conforming a
   33         cross-reference; creating s. 1008.3415, F.S.;
   34         requiring an exceptional student education center to
   35         choose to receive a school grade or school improvement
   36         rating; excluding student assessment data from the
   37         calculation of a home school’s grade under certain
   38         circumstances; requiring the State Board of Education
   39         to adopt rules; amending s. 1012.585, F.S.; providing
   40         requirements for renewal of a professional certificate
   41         relating to teaching students with disabilities;
   42         authorizing the State Board of Education to adopt
   43         rules; providing an effective date.
   45  Be It Enacted by the Legislature of the State of Florida:
   47         Section 1. Paragraph (a) of subsection (21) of section
   48  1002.20, Florida Statutes, is amended to read:
   49         1002.20 K-12 student and parent rights.—Parents of public
   50  school students must receive accurate and timely information
   51  regarding their child’s academic progress and must be informed
   52  of ways they can help their child to succeed in school. K-12
   53  students and their parents are afforded numerous statutory
   54  rights including, but not limited to, the following:
   55         (21) PARENTAL INPUT AND MEETINGS.—
   56         (a) Meetings with school district personnel.—Parents of
   57  public school students may be accompanied by another adult of
   58  their choice at any meeting with school district personnel.
   59  School district personnel may not object to the attendance of
   60  such adult or discourage or attempt to discourage, through any
   61  action, statement, or other means, parents from inviting another
   62  person of their choice to attend any meeting. Such prohibited
   63  actions include, but are not limited to, attempted or actual
   64  coercion or harassment of parents or students or retaliation or
   65  threats of consequences to parents or students.
   66         1. Such meetings include, but not are not limited to,
   67  meetings related to: the eligibility for exceptional student
   68  education or related services; the development of an individual
   69  family support plan (IFSP); the development of an individual
   70  education plan (IEP); the development of a 504 accommodation
   71  plan issued under s. 504 of the Rehabilitation Act of 1973; the
   72  transition of a student from early intervention services to
   73  other services; the development of postsecondary goals for a
   74  student and the transition services needed to reach those goals;
   75  and other issues that may affect a student’s educational
   76  environment, discipline, or placement.
   77         2. The parents and school district personnel attending the
   78  meeting shall sign a document at the meeting’s conclusion which
   79  states whether any school district personnel have prohibited,
   80  discouraged, or attempted to discourage the parents from
   81  inviting a person of their choice to the meeting.
   82         Section 2. Paragraph (c) of subsection (17) of section
   83  1002.33, Florida Statutes, is amended to read:
   84         1002.33 Charter schools.—
   85         (17) FUNDING.—Students enrolled in a charter school,
   86  regardless of the sponsorship, shall be funded as if they are in
   87  a basic program or a special program, the same as students
   88  enrolled in other public schools in the school district. Funding
   89  for a charter lab school shall be as provided in s. 1002.32.
   90         (c) If the district school board is providing programs or
   91  services to students funded by federal funds, any eligible
   92  students enrolled in charter schools in the school district
   93  shall be provided federal funds for the same level of service
   94  provided students in the schools operated by the district school
   95  board. Pursuant to provisions of 20 U.S.C. 8061 s. 10306, all
   96  charter schools shall receive all federal funding for which the
   97  school is otherwise eligible, including Title I funding, not
   98  later than 5 months after the charter school first opens and
   99  within 5 months after any subsequent expansion of enrollment.
  100  Unless otherwise mutually agreed to by the charter school and
  101  its sponsor, and consistent with state and federal rules and
  102  regulations governing the use and disbursement of federal funds,
  103  the sponsor shall reimburse the charter school on a monthly
  104  basis for all invoices submitted by the charter school for
  105  federal funds available to the sponsor for the benefit of the
  106  charter school, the charter school’s students, and the charter
  107  school’s students as public school students in the school
  108  district. Such federal funds include, but are not limited to,
  109  Title I, Title II, and Individuals with Disabilities Education
  110  Act (IDEA) funds. To receive timely reimbursement for an
  111  invoice, the charter school must submit the invoice to the
  112  sponsor at least 30 days before the monthly date of
  113  reimbursement set by the sponsor. In order to be reimbursed, any
  114  expenditures made by the charter school must comply with all
  115  applicable state rules and federal regulations, including, but
  116  not limited to, the applicable federal Office of Management and
  117  Budget Circulars, the federal Education Department General
  118  Administrative Regulations, and program-specific statutes,
  119  rules, and regulations. Such funds may not be made available to
  120  the charter school until a plan is submitted to the sponsor for
  121  approval of the use of the funds in accordance with applicable
  122  federal requirements. The sponsor has 30 days to review and
  123  approve any plan submitted pursuant to this paragraph.
  124         Section 3. Subsection (10) is added to section 1002.41,
  125  Florida Statutes, to read:
  126         1002.41 Home education programs.—
  127         (10) A school district shall provide exceptional student
  128  education-related services, as defined in State Board of
  129  Education rule, to a home education program student with a
  130  disability who is eligible for the services and who enrolls in a
  131  public school for the purpose of receiving those related
  132  services. The school district providing the services shall
  133  report each such student as a full-time equivalent student in a
  134  manner prescribed by the Department of Education, and funding
  135  shall be provided through the Florida Education Finance Program
  136  pursuant to s. 1011.62.
  137         Section 4. Subsection (1) of section 1003.57, Florida
  138  Statutes, is amended to read:
  139         1003.57 Exceptional students instruction.—
  140         (1)(a) For purposes of providing exceptional student
  141  instruction under this section:
  142         1. A school district shall use the following terms to
  143  describe the instructional setting for a student with a
  144  disability, 6 through 21 years of age, who is not educated in a
  145  setting accessible to all children who are together at all
  146  times:
  147         a. “Exceptional student education center” or “special day
  148  school” means a separate public school to which nondisabled
  149  peers do not have access.
  150         b. “Other separate environment” means a separate private
  151  school, residential facility, or hospital or homebound program.
  152         c. “Regular class” means a class in which a student spends
  153  80 percent or more of the school week with nondisabled peers.
  154         d. “Resource room” means a classroom in which a student
  155  spends between 40 percent to 80 percent of the school week with
  156  nondisabled peers.
  157         e. “Separate class” means a class in which a student spends
  158  less than 40 percent of the school week with nondisabled peers.
  159         2. A school district shall use the term “inclusion” to mean
  160  that a student is receiving education in a general education
  161  regular class setting, reflecting natural proportions and age
  162  appropriate heterogeneous groups in core academic and elective
  163  or special areas within the school community; a student with a
  164  disability is a valued member of the classroom and school
  165  community; the teachers and administrators support universal
  166  education and have knowledge and support available to enable
  167  them to effectively teach all children; and a student is
  168  provided access to technical assistance in best practices,
  169  instructional methods, and supports tailored to the student’s
  170  needs based on current research.
  171         (b) Each district school board shall provide for an
  172  appropriate program of special instruction, facilities, and
  173  services for exceptional students as prescribed by the State
  174  Board of Education as acceptable, including provisions that:
  175         1. The district school board provide the necessary
  176  professional services for diagnosis and evaluation of
  177  exceptional students.
  178         2. The district school board provide the special
  179  instruction, classes, and services, either within the district
  180  school system, in cooperation with other district school
  181  systems, or through contractual arrangements with approved
  182  private schools or community facilities that meet standards
  183  established by the commissioner.
  184         3. The district school board annually provide information
  185  describing the Florida School for the Deaf and the Blind and all
  186  other programs and methods of instruction available to the
  187  parent of a sensory-impaired student.
  188         4. The district school board, once every 3 years, submit to
  189  the department its proposed procedures for the provision of
  190  special instruction and services for exceptional students.
  191         (c)(b) A student may not be given special instruction or
  192  services as an exceptional student until after he or she has
  193  been properly evaluated and found eligible as an exceptional
  194  student, classified, and placed in the manner prescribed by
  195  rules of the State Board of Education. The parent of an
  196  exceptional student evaluated and found eligible or ineligible
  197  placed or denied placement in a program of special education
  198  shall be notified of each such evaluation and determination
  199  placement or denial. Such notice shall contain a statement
  200  informing the parent that he or she is entitled to a due process
  201  hearing on the identification, evaluation, and eligibility
  202  determination placement, or lack thereof. Such hearings are
  203  exempt from ss. 120.569, 120.57, and 286.011, except to the
  204  extent that the State Board of Education adopts rules
  205  establishing other procedures. Any records created as a result
  206  of such hearings are confidential and exempt from s. 119.07(1).
  207  The hearing must be conducted by an administrative law judge
  208  from the Division of Administrative Hearings pursuant to a
  209  contract between the Department of Education and the Division of
  210  Administrative Hearings. The decision of the administrative law
  211  judge is final, except that any party aggrieved by the finding
  212  and decision rendered by the administrative law judge has the
  213  right to bring a civil action in the state circuit court. In
  214  such an action, the court shall receive the records of the
  215  administrative hearing and shall hear additional evidence at the
  216  request of either party. In the alternative, in hearings
  217  conducted on behalf of a student who is identified as gifted,
  218  any party aggrieved by the finding and decision rendered by the
  219  administrative law judge has the right to request a review of
  220  the administrative law judge’s order by the district court of
  221  appeal as provided in s. 120.68.
  222         (d)(c) Notwithstanding any law to the contrary, during the
  223  pendency of any proceeding conducted pursuant to this section,
  224  unless the district school board and the parents otherwise
  225  agree, the student shall remain in his or her then-current
  226  educational assignment or, if applying for initial admission to
  227  a public school, shall be assigned, with the consent of the
  228  parents, in the public school program until all such proceedings
  229  have been completed.
  230         (e)(d) In providing for the education of exceptional
  231  students, the district school superintendent, principals, and
  232  teachers shall utilize the regular school facilities and adapt
  233  them to the needs of exceptional students to the maximum extent
  234  appropriate. To the extent appropriate, students with
  235  disabilities, including those students in public or private
  236  institutions or other facilities, shall be educated with
  237  students who are not disabled. Segregation of exceptional
  238  students shall occur only if the nature or severity of the
  239  exceptionality is such that education in regular classes with
  240  the use of supplementary aids and services cannot be achieved
  241  satisfactorily.
  242         (f) Once every 3 years, each school district and school
  243  shall complete a Best Practices in Inclusive Education (BPIE)
  244  assessment with a Florida Inclusion Network facilitator and
  245  include the results of the BPIE assessment and all planned
  246  short-term and long-term improvement efforts in the school
  247  district’s exceptional student education policies and
  248  procedures. BPIE is an internal assessment process designed to
  249  facilitate the analysis, implementation, and improvement of
  250  inclusive educational practices at the district and school team
  251  levels.
  252         (g)(e) In addition to the services agreed to in a student’s
  253  individual educational plan, the district school superintendent
  254  shall fully inform the parent of a student having a physical or
  255  developmental disability of all available services that are
  256  appropriate for the student’s disability. The superintendent
  257  shall provide the student’s parent with a summary of the
  258  student’s rights.
  259         (h)(f) School personnel may consider any unique
  260  circumstances on a case-by-case basis when determining whether a
  261  change in placement is appropriate for a student who has a
  262  disability and violates a district school board’s code of
  263  student conduct. School personnel may remove and place such
  264  student in an interim alternative educational setting for not
  265  more than 45 school days, without regard to whether the behavior
  266  is determined to be a manifestation of the student’s disability,
  267  if the student:
  268         1. Carries a weapon to or possesses a weapon at school, on
  269  school premises, or at a school function under the jurisdiction
  270  of the school district;
  271         2. Knowingly possesses or uses illegal drugs, or sells or
  272  solicits the sale of a controlled substance, while at school, on
  273  school premises, or at a school function under the jurisdiction
  274  of the school district; or
  275         3. Has inflicted serious bodily injury upon another person
  276  while at school, on school premises, or at a school function
  277  under the jurisdiction of the school district.
  278         (i)(g) For purposes of paragraph (h)(f), the term:
  279         1. “Controlled substance” means a drug or other substance
  280  identified under Schedule I, Schedule II, Schedule III, Schedule
  281  IV, or Schedule V of the Controlled Substances Act, 21 U.S.C. s.
  282  812(c) and s. 893.02(4).
  283         2. “Weapon” means a device, instrument, material, or
  284  substance, animate or inanimate, which is used for, or is
  285  readily capable of, causing death or serious bodily injury;
  286  however, this definition does not include a pocketknife having a
  287  blade that is less than 2 1/2 inches in length.
  288         Section 5. Section 1003.5715, Florida Statutes, is created
  289  to read:
  290         1003.5715 Parental consent; individual education plan.—
  291         (1) The Department of Education shall adopt separate
  292  parental consent forms that school districts must use for each
  293  of the following actions in a student’s individual education
  294  plan (IEP):
  295         (a) Administer to the student an alternate assessment
  296  pursuant to s. 1008.22 and provide instruction in the state
  297  standards access points curriculum.
  298         (b) Place the student in an exceptional student education
  299  center.
  300         (2) In accordance with 34 C.F.R. s. 300.503, each form
  301  shall be provided to the parent in the parent’s native language,
  302  as defined in 34 C.F.R. s. 300.29, and include the following:
  303         (a) A statement that the parent is a participant of the
  304  individual education plan team (IEP Team) and has the right to
  305  consent or refuse consent to the actions described in subsection
  306  (1). The statement shall include information that the refusal of
  307  parental consent means that the school district may not proceed
  308  with the actions described in subsection (1) without a school
  309  district due process hearing in accordance with 34 C.F.R. ss.
  310  300.507 and 300.508.
  311         (b) A “does consent” box and a signature line.
  312         (c) A “does not consent” box and a signature line.
  313         (d) An informational statement of the benefits and
  314  consequences of giving parental consent to the actions described
  315  in subsection (1).
  316         (3) A school district may not proceed with the actions
  317  described in subsection (1) without parental consent unless the
  318  school district documents reasonable efforts to obtain the
  319  parent’s consent and the child’s parent has failed to respond or
  320  the school district obtains approval through a due process
  321  hearing in accordance with 34 C.F.R. ss. 300.507 and 300.508 and
  322  resolution of appeals.
  323         (4) Except for a change in placement described in s.
  324  1003.57(1)(h), if a school district determines that there is a
  325  need to change an exceptional student’s IEP as it relates to
  326  actions described in subsection (1), the school must hold an IEP
  327  Team meeting that includes the parent to discuss the reason for
  328  the change. The school shall provide written notice of the
  329  meeting to the parent at least 10 days before the meeting,
  330  indicating the purpose, time, and location of the meeting and
  331  who, by title or position, will attend the meeting. The IEP Team
  332  meeting requirement may be waived by informed consent of the
  333  parent after the parent receives the written notice.
  334         (5) For a change in actions described in subsection (1) in
  335  a student’s IEP, the school district may not implement the
  336  change without parental consent unless the school district
  337  documents reasonable efforts to obtain the parent’s consent and
  338  the child’s parent has failed to respond or the school district
  339  obtains approval through a due process hearing in accordance
  340  with 34 C.F.R. ss. 300.507 and 300.508 and resolution of
  341  appeals.
  342         (6) Pursuant to 34 C.F.R. s. 300.518, during the pendency
  343  of a due process hearing or appellate proceeding regarding a due
  344  process complaint, the student shall remain in his or her
  345  current educational assignment while awaiting the decision of
  346  any impartial due process hearing or court proceeding, unless
  347  the parent and the district school board otherwise agree.
  348         (7) This section does not abrogate any parental right
  349  identified in the Individuals with Disabilities Education Act
  350  (IDEA) and its implementing regulations.
  351         (8) The State Board of Education shall adopt rules pursuant
  352  to ss. 120.536(1) and 120.54 to implement this section,
  353  including, but not limited to, developing parental consent
  354  forms.
  355         Section 6. Section 1003.572, Florida Statutes, is created
  356  to read:
  357         1003.572 Collaboration of public and private instructional
  358  personnel.—
  359         (1) As used in this section, the term “private
  360  instructional personnel” means:
  361         (a) Individuals certified under s. 393.17 or licensed under
  362  chapter 490 or chapter 491 for applied behavior analysis
  363  services as defined in ss. 627.6686 and 641.31098.
  364         (b) Speech-language pathologists licensed under s.
  365  468.1185.
  366         (c) Occupational therapists licensed under part III of
  367  chapter 468.
  368         (d) Physical therapists licensed under chapter 486.
  369         (e) Psychologists licensed under chapter 490.
  370         (f) Clinical social workers licensed under chapter 491.
  371         (2) The collaboration of public and private instructional
  372  personnel shall be designed to enhance but not supplant the
  373  school district’s responsibilities under the Individuals with
  374  Disabilities Education Act (IDEA). The school as the local
  375  education agency shall provide therapy services to meet the
  376  expectations provided in federal law and regulations and state
  377  statutes and rules. Collaboration of public and private
  378  instructional personnel will work to promote educational
  379  progress and assist students in acquiring essential skills,
  380  including, but not limited to, readiness for pursuit of higher
  381  education goals or employment. Where applicable, public and
  382  private instructional personnel shall undertake collaborative
  383  programming. Coordination of services and plans between a public
  384  school and private instructional personnel is encouraged to
  385  avoid duplication or conflicting services or plans.
  386         (3) Private instructional personnel who are hired or
  387  contracted by parents to collaborate with public instructional
  388  personnel must be permitted to observe the student in the
  389  educational setting, collaborate with instructional personnel in
  390  the educational setting, and provide services in the educational
  391  setting according to the following requirements:
  392         (a) The student’s public instructional personnel and
  393  principal consent to the time and place.
  394         (b) The private instructional personnel satisfy the
  395  requirements of s. 1012.32 or s. 1012.321.
  396         (4) The provision of private instructional personnel by a
  397  parent does not constitute a waiver of the student’s or parent’s
  398  right to a free and appropriate public education under IDEA.
  399         Section 7. Subsection (3) of section 1003.58, Florida
  400  Statutes, is amended to read:
  401         1003.58 Students in residential care facilities.—Each
  402  district school board shall provide educational programs
  403  according to rules of the State Board of Education to students
  404  who reside in residential care facilities operated by the
  405  Department of Children and Family Services or the Agency for
  406  Persons with Disabilities.
  407         (3) The district school board shall have full and complete
  408  authority in the matter of the assignment and placement of such
  409  students in educational programs. The parent of an exceptional
  410  student shall have the same due process rights as are provided
  411  under s. 1003.57(1)(c) 1003.57(1)(b).
  413  Notwithstanding the provisions herein, the educational program
  414  at the Marianna Sunland Center in Jackson County shall be
  415  operated by the Department of Education, either directly or
  416  through grants or contractual agreements with other public or
  417  duly accredited educational agencies approved by the Department
  418  of Education.
  419         Section 8. Section 1008.3415, Florida Statutes, is created
  420  to read:
  421         1008.3415 School grade or school improvement rating for
  422  exceptional student education centers.—
  423         (1) Each exceptional student education center shall choose
  424  to receive a school grade pursuant to s. 1008.34 or a school
  425  improvement rating pursuant to s. 1008.341.
  426         (2) Notwithstanding s. 1008.34(3)(c)3., the achievement
  427  scores and learning gains of a student with a disability who
  428  attends an exceptional student education center and has not been
  429  enrolled in or attended a public school other than an
  430  exceptional student education center for grades K-12 within the
  431  school district shall not be included in the calculation of the
  432  home school’s grade if the student is identified as an emergent
  433  student on the alternate assessment tool described in s.
  434  1008.22(3)(c)13.
  435         (3) The State Board of Education shall adopt rules under
  436  ss. 120.536(1) and 120.54 to implement this section, including,
  437  but not limited to, defining exceptional student education
  438  centers.
  439         Section 9. Paragraph (e) is added to subsection (3) of
  440  section 1012.585, Florida Statutes, and subsection (6) is added
  441  to that section, to read:
  442         1012.585 Process for renewal of professional certificates.—
  443         (3) For the renewal of a professional certificate, the
  444  following requirements must be met:
  445         (e) Beginning July 1, 2014, an applicant for renewal of a
  446  professional certificate must earn a minimum of 1 college credit
  447  or the equivalent inservice points in the area of instruction
  448  for teaching students with disabilities. The requirement in this
  449  paragraph may not add to the total hours required by the
  450  department for continuing education or inservice training.
  451         (6) The State Board of Education may adopt rules under ss.
  452  120.536(1) and 120.54 to implement this section, including, but
  453  not limited to, applicant renewal requirements.
  454         Section 10. This act shall take effect July 1, 2013.