Florida Senate - 2013                             CS for SB 1108
       By the Committee on Education; and Senators Gardiner and
       581-02606A-13                                         20131108c1
    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         requiring a district school board to provide parents
   23         with information regarding the funding the school
   24         district receives for exceptional student education;
   25         requiring the school district to provide the
   26         information at the initial meeting of a student’s
   27         individual education plan team; creating s. 1003.5715,
   28         F.S.; requiring the use of parental consent forms for
   29         specified actions in a student’s individual education
   30         plan; providing requirements for the consent forms;
   31         providing requirements for changes in a student’s
   32         individual education plan; requiring the State Board
   33         of Education to adopt rules; creating s. 1003.572,
   34         F.S.; defining the term “private instructional
   35         personnel”; encouraging the collaboration of public
   36         and private instructional personnel and providing
   37         requirements therefor; amending s. 1003.58, F.S.;
   38         conforming a cross-reference; creating s. 1008.3415,
   39         F.S.; requiring an exceptional student education
   40         center to choose to receive a school grade or school
   41         improvement rating; excluding student assessment data
   42         from the calculation of a home school’s grade under
   43         certain circumstances; requiring the State Board of
   44         Education to adopt rules; amending s. 1012.585, F.S.;
   45         providing requirements for renewal of a professional
   46         certificate relating to teaching students with
   47         disabilities; authorizing the State Board of Education
   48         to adopt rules; providing an effective date.
   50  Be It Enacted by the Legislature of the State of Florida:
   52         Section 1. Paragraph (a) of subsection (21) of section
   53  1002.20, Florida Statutes, is amended to read:
   54         1002.20 K-12 student and parent rights.—Parents of public
   55  school students must receive accurate and timely information
   56  regarding their child’s academic progress and must be informed
   57  of ways they can help their child to succeed in school. K-12
   58  students and their parents are afforded numerous statutory
   59  rights including, but not limited to, the following:
   60         (21) PARENTAL INPUT AND MEETINGS.—
   61         (a) Meetings with school district personnel.—Parents of
   62  public school students may be accompanied by another adult of
   63  their choice at any meeting with school district personnel.
   64  School district personnel may not object to the attendance of
   65  such adult or discourage or attempt to discourage, through any
   66  action, statement, or other means, parents from inviting another
   67  person of their choice to attend any meeting. Such prohibited
   68  actions include, but are not limited to, attempted or actual
   69  coercion or harassment of parents or students or retaliation or
   70  threats of consequences to parents or students.
   71         1. Such meetings include, but not are not limited to,
   72  meetings related to: the eligibility for exceptional student
   73  education or related services; the development of an individual
   74  family support plan (IFSP); the development of an individual
   75  education plan (IEP); the development of a 504 accommodation
   76  plan issued under s. 504 of the Rehabilitation Act of 1973; the
   77  transition of a student from early intervention services to
   78  other services; the development of postsecondary goals for a
   79  student and the transition services needed to reach those goals;
   80  and other issues that may affect a student’s educational
   81  environment, discipline, or placement.
   82         2. The parents and school district personnel attending the
   83  meeting shall sign a document at the meeting’s conclusion which
   84  states whether any school district personnel have prohibited,
   85  discouraged, or attempted to discourage the parents from
   86  inviting a person of their choice to the meeting.
   87         Section 2. Paragraph (c) of subsection (17) of section
   88  1002.33, Florida Statutes, is amended to read:
   89         1002.33 Charter schools.—
   90         (17) FUNDING.—Students enrolled in a charter school,
   91  regardless of the sponsorship, shall be funded as if they are in
   92  a basic program or a special program, the same as students
   93  enrolled in other public schools in the school district. Funding
   94  for a charter lab school shall be as provided in s. 1002.32.
   95         (c) If the district school board is providing programs or
   96  services to students funded by federal funds, any eligible
   97  students enrolled in charter schools in the school district
   98  shall be provided federal funds for the same level of service
   99  provided students in the schools operated by the district school
  100  board. Pursuant to provisions of 20 U.S.C. 8061 s. 10306, all
  101  charter schools shall receive all federal funding for which the
  102  school is otherwise eligible, including Title I funding, not
  103  later than 5 months after the charter school first opens and
  104  within 5 months after any subsequent expansion of enrollment.
  105  Unless otherwise mutually agreed to by the charter school and
  106  its sponsor, and consistent with state and federal rules and
  107  regulations governing the use and disbursement of federal funds,
  108  the sponsor shall reimburse the charter school on a monthly
  109  basis for all invoices submitted by the charter school for
  110  federal funds available to the sponsor for the benefit of the
  111  charter school, the charter school’s students, and the charter
  112  school’s students as public school students in the school
  113  district. Such federal funds include, but are not limited to,
  114  Title I, Title II, and Individuals with Disabilities Education
  115  Act (IDEA) funds. To receive timely reimbursement for an
  116  invoice, the charter school must submit the invoice to the
  117  sponsor at least 30 days before the monthly date of
  118  reimbursement set by the sponsor. In order to be reimbursed, any
  119  expenditures made by the charter school must comply with all
  120  applicable state rules and federal regulations, including, but
  121  not limited to, the applicable federal Office of Management and
  122  Budget Circulars, the federal Education Department General
  123  Administrative Regulations, and program-specific statutes,
  124  rules, and regulations. Such funds may not be made available to
  125  the charter school until a plan is submitted to the sponsor for
  126  approval of the use of the funds in accordance with applicable
  127  federal requirements. The sponsor has 30 days to review and
  128  approve any plan submitted pursuant to this paragraph.
  129         Section 3. Subsection (10) is added to section 1002.41,
  130  Florida Statutes, to read:
  131         1002.41 Home education programs.—
  132         (10) A school district shall provide exceptional student
  133  education-related services, as defined in State Board of
  134  Education rule, to a home education program student with a
  135  disability who is eligible for the services and who enrolls in a
  136  public school for the purpose of receiving those related
  137  services. The school district providing the services shall
  138  report each such student as a full-time equivalent student in a
  139  manner prescribed by the Department of Education, and funding
  140  shall be provided through the Florida Education Finance Program
  141  pursuant to s. 1011.62.
  142         Section 4. Subsection (1) of section 1003.57, Florida
  143  Statutes, is amended to read:
  144         1003.57 Exceptional students instruction.—
  145         (1)(a) For purposes of providing exceptional student
  146  instruction under this section:
  147         1. A school district shall use the following terms to
  148  describe the instructional setting for a student with a
  149  disability, 6 through 21 years of age, who is not educated in a
  150  setting accessible to all children who are together at all
  151  times:
  152         a. “Exceptional student education center” or “special day
  153  school” means a separate public school to which nondisabled
  154  peers do not have access.
  155         b. “Other separate environment” means a separate private
  156  school, residential facility, or hospital or homebound program.
  157         c. “Regular class” means a class in which a student spends
  158  80 percent or more of the school week with nondisabled peers.
  159         d. “Resource room” means a classroom in which a student
  160  spends between 40 percent to 80 percent of the school week with
  161  nondisabled peers.
  162         e. “Separate class” means a class in which a student spends
  163  less than 40 percent of the school week with nondisabled peers.
  164         2. A school district shall use the term “inclusion” to mean
  165  that a student is receiving education in a general education
  166  regular class setting, reflecting natural proportions and age
  167  appropriate heterogeneous groups in core academic and elective
  168  or special areas within the school community; a student with a
  169  disability is a valued member of the classroom and school
  170  community; the teachers and administrators support universal
  171  education and have knowledge and support available to enable
  172  them to effectively teach all children; and a student is
  173  provided access to technical assistance in best practices,
  174  instructional methods, and supports tailored to the student’s
  175  needs based on current research.
  176         (b) Each district school board shall provide for an
  177  appropriate program of special instruction, facilities, and
  178  services for exceptional students as prescribed by the State
  179  Board of Education as acceptable, including provisions that:
  180         1. The district school board provide the necessary
  181  professional services for diagnosis and evaluation of
  182  exceptional students.
  183         2. The district school board provide the special
  184  instruction, classes, and services, either within the district
  185  school system, in cooperation with other district school
  186  systems, or through contractual arrangements with approved
  187  private schools or community facilities that meet standards
  188  established by the commissioner.
  189         3. The district school board annually provide information
  190  describing the Florida School for the Deaf and the Blind and all
  191  other programs and methods of instruction available to the
  192  parent of a sensory-impaired student.
  193         4. The district school board, once every 3 years, submit to
  194  the department its proposed procedures for the provision of
  195  special instruction and services for exceptional students.
  196         (c)(b) A student may not be given special instruction or
  197  services as an exceptional student until after he or she has
  198  been properly evaluated and found eligible as an exceptional
  199  student, classified, and placed in the manner prescribed by
  200  rules of the State Board of Education. The parent of an
  201  exceptional student evaluated and found eligible or ineligible
  202  placed or denied placement in a program of special education
  203  shall be notified of each such evaluation and determination
  204  placement or denial. Such notice shall contain a statement
  205  informing the parent that he or she is entitled to a due process
  206  hearing on the identification, evaluation, and eligibility
  207  determination placement, or lack thereof. Such hearings are
  208  exempt from ss. 120.569, 120.57, and 286.011, except to the
  209  extent that the State Board of Education adopts rules
  210  establishing other procedures. Any records created as a result
  211  of such hearings are confidential and exempt from s. 119.07(1).
  212  The hearing must be conducted by an administrative law judge
  213  from the Division of Administrative Hearings pursuant to a
  214  contract between the Department of Education and the Division of
  215  Administrative Hearings. The decision of the administrative law
  216  judge is final, except that any party aggrieved by the finding
  217  and decision rendered by the administrative law judge has the
  218  right to bring a civil action in the state circuit court. In
  219  such an action, the court shall receive the records of the
  220  administrative hearing and shall hear additional evidence at the
  221  request of either party. In the alternative, in hearings
  222  conducted on behalf of a student who is identified as gifted,
  223  any party aggrieved by the finding and decision rendered by the
  224  administrative law judge has the right to request a review of
  225  the administrative law judge’s order by the district court of
  226  appeal as provided in s. 120.68.
  227         (d)(c) Notwithstanding any law to the contrary, during the
  228  pendency of any proceeding conducted pursuant to this section,
  229  unless the district school board and the parents otherwise
  230  agree, the student shall remain in his or her then-current
  231  educational assignment or, if applying for initial admission to
  232  a public school, shall be assigned, with the consent of the
  233  parents, in the public school program until all such proceedings
  234  have been completed.
  235         (e)(d) In providing for the education of exceptional
  236  students, the district school superintendent, principals, and
  237  teachers shall utilize the regular school facilities and adapt
  238  them to the needs of exceptional students to the maximum extent
  239  appropriate. To the extent appropriate, students with
  240  disabilities, including those students in public or private
  241  institutions or other facilities, shall be educated with
  242  students who are not disabled. Segregation of exceptional
  243  students shall occur only if the nature or severity of the
  244  exceptionality is such that education in regular classes with
  245  the use of supplementary aids and services cannot be achieved
  246  satisfactorily.
  247         (f) Once every 3 years, each school district and school
  248  shall complete a Best Practices in Inclusive Education (BPIE)
  249  assessment with a Florida Inclusion Network facilitator and
  250  include the results of the BPIE assessment and all planned
  251  short-term and long-term improvement efforts in the school
  252  district’s exceptional student education policies and
  253  procedures. BPIE is an internal assessment process designed to
  254  facilitate the analysis, implementation, and improvement of
  255  inclusive educational practices at the district and school team
  256  levels.
  257         (g)(e) In addition to the services agreed to in a student’s
  258  individual educational plan, the district school superintendent
  259  shall fully inform the parent of a student having a physical or
  260  developmental disability of all available services that are
  261  appropriate for the student’s disability. The superintendent
  262  shall provide the student’s parent with a summary of the
  263  student’s rights.
  264         (h)(f) School personnel may consider any unique
  265  circumstances on a case-by-case basis when determining whether a
  266  change in placement is appropriate for a student who has a
  267  disability and violates a district school board’s code of
  268  student conduct. School personnel may remove and place such
  269  student in an interim alternative educational setting for not
  270  more than 45 school days, without regard to whether the behavior
  271  is determined to be a manifestation of the student’s disability,
  272  if the student:
  273         1. Carries a weapon to or possesses a weapon at school, on
  274  school premises, or at a school function under the jurisdiction
  275  of the school district;
  276         2. Knowingly possesses or uses illegal drugs, or sells or
  277  solicits the sale of a controlled substance, while at school, on
  278  school premises, or at a school function under the jurisdiction
  279  of the school district; or
  280         3. Has inflicted serious bodily injury upon another person
  281  while at school, on school premises, or at a school function
  282  under the jurisdiction of the school district.
  283         (i)(g) For purposes of paragraph (h)(f), the term:
  284         1. “Controlled substance” means a drug or other substance
  285  identified under Schedule I, Schedule II, Schedule III, Schedule
  286  IV, or Schedule V of the Controlled Substances Act, 21 U.S.C. s.
  287  812(c) and s. 893.02(4).
  288         2. “Weapon” means a device, instrument, material, or
  289  substance, animate or inanimate, which is used for, or is
  290  readily capable of, causing death or serious bodily injury;
  291  however, this definition does not include a pocketknife having a
  292  blade that is less than 2 1/2 inches in length.
  293         (j)The district school board shall provide each parent
  294  with information regarding the amount that the school district
  295  receives from the state appropriation for each of the five
  296  exceptional student education support levels for a full-time
  297  student. The school district shall provide this information at
  298  the initial meeting of a student’s individual education plan
  299  team.
  300         Section 5. Section 1003.5715, Florida Statutes, is created
  301  to read:
  302         1003.5715 Parental consent; individual education plan.—
  303         (1) The Department of Education shall adopt separate
  304  parental consent forms that school districts must use for each
  305  of the following actions in a student’s individual education
  306  plan (IEP):
  307         (a) Administer to the student an alternate assessment
  308  pursuant to s. 1008.22 and provide instruction in the state
  309  standards access points curriculum.
  310         (b) Place the student in an exceptional student education
  311  center.
  312         (2) In accordance with 34 C.F.R. s. 300.503, each form
  313  shall be provided to the parent in the parent’s native language,
  314  as defined in 34 C.F.R. s. 300.29, and include the following:
  315         (a) A statement that the parent is a participant of the
  316  individual education plan team (IEP Team) and has the right to
  317  consent or refuse consent to the actions described in subsection
  318  (1). The statement shall include information that the refusal of
  319  parental consent means that the school district may not proceed
  320  with the actions described in subsection (1) without a school
  321  district due process hearing in accordance with 34 C.F.R. ss.
  322  300.507 and 300.508.
  323         (b) A “does consent” box and a signature line.
  324         (c) A “does not consent” box and a signature line.
  325         (d) An informational statement of the benefits and
  326  consequences of giving parental consent to the actions described
  327  in subsection (1).
  328         (3) A school district may not proceed with the actions
  329  described in subsection (1) without parental consent unless the
  330  school district documents reasonable efforts to obtain the
  331  parent’s consent and the child’s parent has failed to respond or
  332  the school district obtains approval through a due process
  333  hearing in accordance with 34 C.F.R. ss. 300.507 and 300.508 and
  334  resolution of appeals.
  335         (4) Except for a change in placement described in s.
  336  1003.57(1)(h), if a school district determines that there is a
  337  need to change an exceptional student’s IEP as it relates to
  338  actions described in subsection (1), the school must hold an IEP
  339  Team meeting that includes the parent to discuss the reason for
  340  the change. The school shall provide written notice of the
  341  meeting to the parent at least 10 days before the meeting,
  342  indicating the purpose, time, and location of the meeting and
  343  who, by title or position, will attend the meeting. The IEP Team
  344  meeting requirement may be waived by informed consent of the
  345  parent after the parent receives the written notice.
  346         (5) For a change in actions described in subsection (1) in
  347  a student’s IEP, the school district may not implement the
  348  change without parental consent unless the school district
  349  documents reasonable efforts to obtain the parent’s consent and
  350  the child’s parent has failed to respond or the school district
  351  obtains approval through a due process hearing in accordance
  352  with 34 C.F.R. ss. 300.507 and 300.508 and resolution of
  353  appeals.
  354         (6) Pursuant to 34 C.F.R. s. 300.518, during the pendency
  355  of a due process hearing or appellate proceeding regarding a due
  356  process complaint, the student shall remain in his or her
  357  current educational assignment while awaiting the decision of
  358  any impartial due process hearing or court proceeding, unless
  359  the parent and the district school board otherwise agree.
  360         (7) This section does not abrogate any parental right
  361  identified in the Individuals with Disabilities Education Act
  362  (IDEA) and its implementing regulations.
  363         (8) The State Board of Education shall adopt rules pursuant
  364  to ss. 120.536(1) and 120.54 to implement this section,
  365  including, but not limited to, developing parental consent
  366  forms.
  367         Section 6. Section 1003.572, Florida Statutes, is created
  368  to read:
  369         1003.572 Collaboration of public and private instructional
  370  personnel.—
  371         (1) As used in this section, the term “private
  372  instructional personnel” means:
  373         (a) Individuals certified under s. 393.17 or licensed under
  374  chapter 490 or chapter 491 for applied behavior analysis
  375  services as defined in ss. 627.6686 and 641.31098.
  376         (b) Speech-language pathologists licensed under s.
  377  468.1185.
  378         (c) Occupational therapists licensed under part III of
  379  chapter 468.
  380         (d) Physical therapists licensed under chapter 486.
  381         (e) Psychologists licensed under chapter 490.
  382         (f) Clinical social workers licensed under chapter 491.
  383         (2) The collaboration of public and private instructional
  384  personnel shall be designed to enhance but not supplant the
  385  school district’s responsibilities under the Individuals with
  386  Disabilities Education Act (IDEA). The school as the local
  387  education agency shall provide therapy services to meet the
  388  expectations provided in federal law and regulations and state
  389  statutes and rules. Collaboration of public and private
  390  instructional personnel will work to promote educational
  391  progress and assist students in acquiring essential skills,
  392  including, but not limited to, readiness for pursuit of higher
  393  education goals or employment. Where applicable, public and
  394  private instructional personnel shall undertake collaborative
  395  programming. Coordination of services and plans between a public
  396  school and private instructional personnel is encouraged to
  397  avoid duplication or conflicting services or plans.
  398         (3) Private instructional personnel who are hired or
  399  contracted by parents to collaborate with public instructional
  400  personnel must be permitted to observe the student in the
  401  educational setting, collaborate with instructional personnel in
  402  the educational setting, and provide services in the educational
  403  setting according to the following requirements:
  404         (a) The student’s public instructional personnel and
  405  principal consent to the time and place.
  406         (b) The private instructional personnel satisfy the
  407  requirements of s. 1012.32 or s. 1012.321.
  408         (4) The provision of private instructional personnel by a
  409  parent does not constitute a waiver of the student’s or parent’s
  410  right to a free and appropriate public education under IDEA.
  411         Section 7. Subsection (3) of section 1003.58, Florida
  412  Statutes, is amended to read:
  413         1003.58 Students in residential care facilities.—Each
  414  district school board shall provide educational programs
  415  according to rules of the State Board of Education to students
  416  who reside in residential care facilities operated by the
  417  Department of Children and Family Services or the Agency for
  418  Persons with Disabilities.
  419         (3) The district school board shall have full and complete
  420  authority in the matter of the assignment and placement of such
  421  students in educational programs. The parent of an exceptional
  422  student shall have the same due process rights as are provided
  423  under s. 1003.57(1)(c) 1003.57(1)(b).
  425  Notwithstanding the provisions herein, the educational program
  426  at the Marianna Sunland Center in Jackson County shall be
  427  operated by the Department of Education, either directly or
  428  through grants or contractual agreements with other public or
  429  duly accredited educational agencies approved by the Department
  430  of Education.
  431         Section 8. Section 1008.3415, Florida Statutes, is created
  432  to read:
  433         1008.3415 School grade or school improvement rating for
  434  exceptional student education centers.—
  435         (1) Each exceptional student education center shall choose
  436  to receive a school grade pursuant to s. 1008.34 or a school
  437  improvement rating pursuant to s. 1008.341.
  438         (2) Notwithstanding s. 1008.34(3)(c)3., the achievement
  439  scores and learning gains of a student with a disability who
  440  attends an exceptional student education center and has not been
  441  enrolled in or attended a public school other than an
  442  exceptional student education center for grades K-12 within the
  443  school district shall not be included in the calculation of the
  444  home school’s grade if the student is identified as an emergent
  445  student on the alternate assessment tool described in s.
  446  1008.22(3)(c)13.
  447         (3) The State Board of Education shall adopt rules under
  448  ss. 120.536(1) and 120.54 to implement this section, including,
  449  but not limited to, defining exceptional student education
  450  centers.
  451         Section 9. Paragraph (e) is added to subsection (3) of
  452  section 1012.585, Florida Statutes, and subsection (6) is added
  453  to that section, to read:
  454         1012.585 Process for renewal of professional certificates.—
  455         (3) For the renewal of a professional certificate, the
  456  following requirements must be met:
  457         (e) Beginning July 1, 2014, an applicant for renewal of a
  458  professional certificate must earn a minimum of 1 college credit
  459  or the equivalent inservice points in the area of instruction
  460  for teaching students with disabilities. The requirement in this
  461  paragraph may not add to the total hours required by the
  462  department for continuing education or inservice training.
  463         (6) The State Board of Education may adopt rules under ss.
  464  120.536(1) and 120.54 to implement this section, including, but
  465  not limited to, applicant renewal requirements.
  466         Section 10. This act shall take effect July 1, 2013.