CS for SB 1108                                   First Engrossed
    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. 1008.212,
   39         F.S.; providing definitions; providing that a student
   40         with a disability be granted an extraordinary
   41         exemption from the administration of certain
   42         assessments under certain circumstances; providing
   43         that certain disabilities or the receipt of services
   44         through a homebound or hospitalized program is not an
   45         adequate criterion for the granting of an
   46         extraordinary exemption; authorizing a written request
   47         for an extraordinary exemption; providing requirements
   48         for the request; providing a procedure for granting or
   49         denying an extraordinary exemption; providing a
   50         procedure for appealing a denial of an extraordinary
   51         exemption; requiring the Commissioner of Education to
   52         annually submit by a specified date to the Governor
   53         and the Legislature a report and regularly inform
   54         district testing and special education administrators
   55         of the procedures regarding extraordinary exemptions;
   56         requiring the State Board of Education to adopt rules;
   57         creating s. 1008.3415, F.S.; requiring an exceptional
   58         student education center to choose to receive a school
   59         grade or school improvement rating; excluding student
   60         assessment data from the calculation of a home
   61         school’s grade under certain circumstances; requiring
   62         the State Board of Education to adopt rules; amending
   63         s. 1012.585, F.S.; providing requirements for renewal
   64         of a professional certificate relating to teaching
   65         students with disabilities; authorizing the State
   66         Board of Education to adopt rules; providing an
   67         effective date.
   69  Be It Enacted by the Legislature of the State of Florida:
   71         Section 1. Paragraph (a) of subsection (21) of section
   72  1002.20, Florida Statutes, is amended to read:
   73         1002.20 K-12 student and parent rights.—Parents of public
   74  school students must receive accurate and timely information
   75  regarding their child’s academic progress and must be informed
   76  of ways they can help their child to succeed in school. K-12
   77  students and their parents are afforded numerous statutory
   78  rights including, but not limited to, the following:
   79         (21) PARENTAL INPUT AND MEETINGS.—
   80         (a) Meetings with school district personnel.—Parents of
   81  public school students may be accompanied by another adult of
   82  their choice at any meeting with school district personnel.
   83  School district personnel may not object to the attendance of
   84  such adult or discourage or attempt to discourage, through any
   85  action, statement, or other means, parents from inviting another
   86  person of their choice to attend any meeting. Such prohibited
   87  actions include, but are not limited to, attempted or actual
   88  coercion or harassment of parents or students or retaliation or
   89  threats of consequences to parents or students.
   90         1. Such meetings include, but not are not limited to,
   91  meetings related to: the eligibility for exceptional student
   92  education or related services; the development of an individual
   93  family support plan (IFSP); the development of an individual
   94  education plan (IEP); the development of a 504 accommodation
   95  plan issued under s. 504 of the Rehabilitation Act of 1973; the
   96  transition of a student from early intervention services to
   97  other services; the development of postsecondary goals for a
   98  student and the transition services needed to reach those goals;
   99  and other issues that may affect a student’s educational
  100  environment, discipline, or placement.
  101         2. The parents and school district personnel attending the
  102  meeting shall sign a document at the meeting’s conclusion which
  103  states whether any school district personnel have prohibited,
  104  discouraged, or attempted to discourage the parents from
  105  inviting a person of their choice to the meeting.
  106         Section 2. Paragraph (c) of subsection (17) of section
  107  1002.33, Florida Statutes, is amended to read:
  108         1002.33 Charter schools.—
  109         (17) FUNDING.—Students enrolled in a charter school,
  110  regardless of the sponsorship, shall be funded as if they are in
  111  a basic program or a special program, the same as students
  112  enrolled in other public schools in the school district. Funding
  113  for a charter lab school shall be as provided in s. 1002.32.
  114         (c) If the district school board is providing programs or
  115  services to students funded by federal funds, any eligible
  116  students enrolled in charter schools in the school district
  117  shall be provided federal funds for the same level of service
  118  provided students in the schools operated by the district school
  119  board. Pursuant to provisions of 20 U.S.C. 8061 s. 10306, all
  120  charter schools shall receive all federal funding for which the
  121  school is otherwise eligible, including Title I funding, not
  122  later than 5 months after the charter school first opens and
  123  within 5 months after any subsequent expansion of enrollment.
  124  Unless otherwise mutually agreed to by the charter school and
  125  its sponsor, and consistent with state and federal rules and
  126  regulations governing the use and disbursement of federal funds,
  127  the sponsor shall reimburse the charter school on a monthly
  128  basis for all invoices submitted by the charter school for
  129  federal funds available to the sponsor for the benefit of the
  130  charter school, the charter school’s students, and the charter
  131  school’s students as public school students in the school
  132  district. Such federal funds include, but are not limited to,
  133  Title I, Title II, and Individuals with Disabilities Education
  134  Act (IDEA) funds. To receive timely reimbursement for an
  135  invoice, the charter school must submit the invoice to the
  136  sponsor at least 30 days before the monthly date of
  137  reimbursement set by the sponsor. In order to be reimbursed, any
  138  expenditures made by the charter school must comply with all
  139  applicable state rules and federal regulations, including, but
  140  not limited to, the applicable federal Office of Management and
  141  Budget Circulars, the federal Education Department General
  142  Administrative Regulations, and program-specific statutes,
  143  rules, and regulations. Such funds may not be made available to
  144  the charter school until a plan is submitted to the sponsor for
  145  approval of the use of the funds in accordance with applicable
  146  federal requirements. The sponsor has 30 days to review and
  147  approve any plan submitted pursuant to this paragraph.
  148         Section 3. Subsection (10) is added to section 1002.41,
  149  Florida Statutes, to read:
  150         1002.41 Home education programs.—
  151         (10) A school district shall provide exceptional student
  152  education-related services, as defined in State Board of
  153  Education rule, to a home education program student with a
  154  disability who is eligible for the services and who enrolls in a
  155  public school for the purpose of receiving those related
  156  services. The school district providing the services shall
  157  report each such student as a full-time equivalent student in a
  158  manner prescribed by the Department of Education, and funding
  159  shall be provided through the Florida Education Finance Program
  160  pursuant to s. 1011.62.
  161         Section 4. Subsection (1) of section 1003.57, Florida
  162  Statutes, is amended to read:
  163         1003.57 Exceptional students instruction.—
  164         (1)(a) For purposes of providing exceptional student
  165  instruction under this section:
  166         1. A school district shall use the following terms to
  167  describe the instructional setting for a student with a
  168  disability, 6 through 21 years of age, who is not educated in a
  169  setting accessible to all children who are together at all
  170  times:
  171         a. “Exceptional student education center” or “special day
  172  school” means a separate public school to which nondisabled
  173  peers do not have access.
  174         b. “Other separate environment” means a separate private
  175  school, residential facility, or hospital or homebound program.
  176         c. “Regular class” means a class in which a student spends
  177  80 percent or more of the school week with nondisabled peers.
  178         d. “Resource room” means a classroom in which a student
  179  spends between 40 percent to 80 percent of the school week with
  180  nondisabled peers.
  181         e. “Separate class” means a class in which a student spends
  182  less than 40 percent of the school week with nondisabled peers.
  183         2. A school district shall use the term “inclusion” to mean
  184  that a student is receiving education in a general education
  185  regular class setting, reflecting natural proportions and age
  186  appropriate heterogeneous groups in core academic and elective
  187  or special areas within the school community; a student with a
  188  disability is a valued member of the classroom and school
  189  community; the teachers and administrators support universal
  190  education and have knowledge and support available to enable
  191  them to effectively teach all children; and a student is
  192  provided access to technical assistance in best practices,
  193  instructional methods, and supports tailored to the student’s
  194  needs based on current research.
  195         (b) Each district school board shall provide for an
  196  appropriate program of special instruction, facilities, and
  197  services for exceptional students as prescribed by the State
  198  Board of Education as acceptable, including provisions that:
  199         1. The district school board provide the necessary
  200  professional services for diagnosis and evaluation of
  201  exceptional students.
  202         2. The district school board provide the special
  203  instruction, classes, and services, either within the district
  204  school system, in cooperation with other district school
  205  systems, or through contractual arrangements with approved
  206  private schools or community facilities that meet standards
  207  established by the commissioner.
  208         3. The district school board annually provide information
  209  describing the Florida School for the Deaf and the Blind and all
  210  other programs and methods of instruction available to the
  211  parent of a sensory-impaired student.
  212         4. The district school board, once every 3 years, submit to
  213  the department its proposed procedures for the provision of
  214  special instruction and services for exceptional students.
  215         (c)(b) A student may not be given special instruction or
  216  services as an exceptional student until after he or she has
  217  been properly evaluated and found eligible as an exceptional
  218  student, classified, and placed in the manner prescribed by
  219  rules of the State Board of Education. The parent of an
  220  exceptional student evaluated and found eligible or ineligible
  221  placed or denied placement in a program of special education
  222  shall be notified of each such evaluation and determination
  223  placement or denial. Such notice shall contain a statement
  224  informing the parent that he or she is entitled to a due process
  225  hearing on the identification, evaluation, and eligibility
  226  determination placement, or lack thereof. Such hearings are
  227  exempt from ss. 120.569, 120.57, and 286.011, except to the
  228  extent that the State Board of Education adopts rules
  229  establishing other procedures. Any records created as a result
  230  of such hearings are confidential and exempt from s. 119.07(1).
  231  The hearing must be conducted by an administrative law judge
  232  from the Division of Administrative Hearings pursuant to a
  233  contract between the Department of Education and the Division of
  234  Administrative Hearings. The decision of the administrative law
  235  judge is final, except that any party aggrieved by the finding
  236  and decision rendered by the administrative law judge has the
  237  right to bring a civil action in the state circuit court. In
  238  such an action, the court shall receive the records of the
  239  administrative hearing and shall hear additional evidence at the
  240  request of either party. In the alternative, in hearings
  241  conducted on behalf of a student who is identified as gifted,
  242  any party aggrieved by the finding and decision rendered by the
  243  administrative law judge has the right to request a review of
  244  the administrative law judge’s order by the district court of
  245  appeal as provided in s. 120.68.
  246         (d)(c) Notwithstanding any law to the contrary, during the
  247  pendency of any proceeding conducted pursuant to this section,
  248  unless the district school board and the parents otherwise
  249  agree, the student shall remain in his or her then-current
  250  educational assignment or, if applying for initial admission to
  251  a public school, shall be assigned, with the consent of the
  252  parents, in the public school program until all such proceedings
  253  have been completed.
  254         (e)(d) In providing for the education of exceptional
  255  students, the district school superintendent, principals, and
  256  teachers shall utilize the regular school facilities and adapt
  257  them to the needs of exceptional students to the maximum extent
  258  appropriate. To the extent appropriate, students with
  259  disabilities, including those students in public or private
  260  institutions or other facilities, shall be educated with
  261  students who are not disabled. Segregation of exceptional
  262  students shall occur only if the nature or severity of the
  263  exceptionality is such that education in regular classes with
  264  the use of supplementary aids and services cannot be achieved
  265  satisfactorily.
  266         (f) Once every 3 years, each school district and school
  267  shall complete a Best Practices in Inclusive Education (BPIE)
  268  assessment with a Florida Inclusion Network facilitator and
  269  include the results of the BPIE assessment and all planned
  270  short-term and long-term improvement efforts in the school
  271  district’s exceptional student education policies and
  272  procedures. BPIE is an internal assessment process designed to
  273  facilitate the analysis, implementation, and improvement of
  274  inclusive educational practices at the district and school team
  275  levels.
  276         (g)(e) In addition to the services agreed to in a student’s
  277  individual educational plan, the district school superintendent
  278  shall fully inform the parent of a student having a physical or
  279  developmental disability of all available services that are
  280  appropriate for the student’s disability. The superintendent
  281  shall provide the student’s parent with a summary of the
  282  student’s rights.
  283         (h)(f) School personnel may consider any unique
  284  circumstances on a case-by-case basis when determining whether a
  285  change in placement is appropriate for a student who has a
  286  disability and violates a district school board’s code of
  287  student conduct. School personnel may remove and place such
  288  student in an interim alternative educational setting for not
  289  more than 45 school days, without regard to whether the behavior
  290  is determined to be a manifestation of the student’s disability,
  291  if the student:
  292         1. Carries a weapon to or possesses a weapon at school, on
  293  school premises, or at a school function under the jurisdiction
  294  of the school district;
  295         2. Knowingly possesses or uses illegal drugs, or sells or
  296  solicits the sale of a controlled substance, while at school, on
  297  school premises, or at a school function under the jurisdiction
  298  of the school district; or
  299         3. Has inflicted serious bodily injury upon another person
  300  while at school, on school premises, or at a school function
  301  under the jurisdiction of the school district.
  302         (i)(g) For purposes of paragraph (h)(f), the term:
  303         1. “Controlled substance” means a drug or other substance
  304  identified under Schedule I, Schedule II, Schedule III, Schedule
  305  IV, or Schedule V of the Controlled Substances Act, 21 U.S.C. s.
  306  812(c) and s. 893.02(4).
  307         2. “Weapon” means a device, instrument, material, or
  308  substance, animate or inanimate, which is used for, or is
  309  readily capable of, causing death or serious bodily injury;
  310  however, this definition does not include a pocketknife having a
  311  blade that is less than 2 1/2 inches in length.
  312         (j)The district school board shall provide each parent
  313  with information regarding the amount that the school district
  314  receives from the state appropriation for each of the five
  315  exceptional student education support levels for a full-time
  316  student. The school district shall provide this information at
  317  the initial meeting of a student’s individual education plan
  318  team.
  319         Section 5. Section 1003.5715, Florida Statutes, is created
  320  to read:
  321         1003.5715 Parental consent; individual education plan.—
  322         (1) The Department of Education shall adopt separate
  323  parental consent forms that school districts must use for each
  324  of the following actions in a student’s individual education
  325  plan (IEP):
  326         (a) Administer to the student an alternate assessment
  327  pursuant to s. 1008.22 and provide instruction in the state
  328  standards access points curriculum.
  329         (b) Place the student in an exceptional student education
  330  center.
  331         (2) In accordance with 34 C.F.R. s. 300.503, each form
  332  shall be provided to the parent in the parent’s native language,
  333  as defined in 34 C.F.R. s. 300.29, and include the following:
  334         (a) A statement that the parent is a participant of the
  335  individual education plan team (IEP Team) and has the right to
  336  consent or refuse consent to the actions described in subsection
  337  (1). The statement shall include information that the refusal of
  338  parental consent means that the school district may not proceed
  339  with the actions described in subsection (1) without a school
  340  district due process hearing in accordance with 34 C.F.R. ss.
  341  300.507 and 300.508.
  342         (b) A “does consent” box and a signature line.
  343         (c) A “does not consent” box and a signature line.
  344         (d) An informational statement of the benefits and
  345  consequences of giving parental consent to the actions described
  346  in subsection (1).
  347         (3) A school district may not proceed with the actions
  348  described in subsection (1) without parental consent unless the
  349  school district documents reasonable efforts to obtain the
  350  parent’s consent and the child’s parent has failed to respond or
  351  the school district obtains approval through a due process
  352  hearing in accordance with 34 C.F.R. ss. 300.507 and 300.508 and
  353  resolution of appeals.
  354         (4) Except for a change in placement described in s.
  355  1003.57(1)(h), if a school district determines that there is a
  356  need to change an exceptional student’s IEP as it relates to
  357  actions described in subsection (1), the school must hold an IEP
  358  Team meeting that includes the parent to discuss the reason for
  359  the change. The school shall provide written notice of the
  360  meeting to the parent at least 10 days before the meeting,
  361  indicating the purpose, time, and location of the meeting and
  362  who, by title or position, will attend the meeting. The IEP Team
  363  meeting requirement may be waived by informed consent of the
  364  parent after the parent receives the written notice.
  365         (5) For a change in actions described in subsection (1) in
  366  a student’s IEP, the school district may not implement the
  367  change without parental consent unless the school district
  368  documents reasonable efforts to obtain the parent’s consent and
  369  the child’s parent has failed to respond or the school district
  370  obtains approval through a due process hearing in accordance
  371  with 34 C.F.R. ss. 300.507 and 300.508 and resolution of
  372  appeals.
  373         (6) Pursuant to 34 C.F.R. s. 300.518, during the pendency
  374  of a due process hearing or appellate proceeding regarding a due
  375  process complaint, the student shall remain in his or her
  376  current educational assignment while awaiting the decision of
  377  any impartial due process hearing or court proceeding, unless
  378  the parent and the district school board otherwise agree.
  379         (7) This section does not abrogate any parental right
  380  identified in the Individuals with Disabilities Education Act
  381  (IDEA) and its implementing regulations.
  382         (8) The State Board of Education shall adopt rules pursuant
  383  to ss. 120.536(1) and 120.54 to implement this section,
  384  including, but not limited to, developing parental consent
  385  forms.
  386         Section 6. Section 1003.572, Florida Statutes, is created
  387  to read:
  388         1003.572 Collaboration of public and private instructional
  389  personnel.—
  390         (1) As used in this section, the term “private
  391  instructional personnel” means:
  392         (a) Individuals certified under s. 393.17 or licensed under
  393  chapter 490 or chapter 491 for applied behavior analysis
  394  services as defined in ss. 627.6686 and 641.31098.
  395         (b) Speech-language pathologists licensed under s.
  396  468.1185.
  397         (c) Occupational therapists licensed under part III of
  398  chapter 468.
  399         (d) Physical therapists licensed under chapter 486.
  400         (e) Psychologists licensed under chapter 490.
  401         (f) Clinical social workers licensed under chapter 491.
  402         (2) The collaboration of public and private instructional
  403  personnel shall be designed to enhance but not supplant the
  404  school district’s responsibilities under the Individuals with
  405  Disabilities Education Act (IDEA). The school as the local
  406  education agency shall provide therapy services to meet the
  407  expectations provided in federal law and regulations and state
  408  statutes and rules. Collaboration of public and private
  409  instructional personnel will work to promote educational
  410  progress and assist students in acquiring essential skills,
  411  including, but not limited to, readiness for pursuit of higher
  412  education goals or employment. Where applicable, public and
  413  private instructional personnel shall undertake collaborative
  414  programming. Coordination of services and plans between a public
  415  school and private instructional personnel is encouraged to
  416  avoid duplication or conflicting services or plans.
  417         (3) Private instructional personnel who are hired or
  418  contracted by parents to collaborate with public instructional
  419  personnel must be permitted to observe the student in the
  420  educational setting, collaborate with instructional personnel in
  421  the educational setting, and provide services in the educational
  422  setting according to the following requirements:
  423         (a) The student’s public instructional personnel and
  424  principal consent to the time and place.
  425         (b) The private instructional personnel satisfy the
  426  requirements of s. 1012.32 or s. 1012.321.
  427         (4) The provision of private instructional personnel by a
  428  parent does not constitute a waiver of the student’s or parent’s
  429  right to a free and appropriate public education under IDEA.
  430         Section 7. Subsection (3) of section 1003.58, Florida
  431  Statutes, is amended to read:
  432         1003.58 Students in residential care facilities.—Each
  433  district school board shall provide educational programs
  434  according to rules of the State Board of Education to students
  435  who reside in residential care facilities operated by the
  436  Department of Children and Family Services or the Agency for
  437  Persons with Disabilities.
  438         (3) The district school board shall have full and complete
  439  authority in the matter of the assignment and placement of such
  440  students in educational programs. The parent of an exceptional
  441  student shall have the same due process rights as are provided
  442  under s. 1003.57(1)(c) 1003.57(1)(b).
  444  Notwithstanding the provisions herein, the educational program
  445  at the Marianna Sunland Center in Jackson County shall be
  446  operated by the Department of Education, either directly or
  447  through grants or contractual agreements with other public or
  448  duly accredited educational agencies approved by the Department
  449  of Education.
  450         Section 8. Section 1008.212, Florida Statutes, is created
  451  to read:
  452         1008.212 Students with disabilities; extraordinary
  453  exemption.—
  454         (1) As used in this section, the term:
  455         (a) “Circumstance” means a situation in which
  456  accommodations allowable for use on the statewide standardized
  457  assessment, a statewide standardized end-of-course assessment,
  458  or an alternate assessment pursuant to s. 1008.22(3)(c) are not
  459  offered to a student during the current year’s assessment
  460  administration due to technological limitations in the testing
  461  administration program which lead to results that reflect the
  462  student’s impaired sensory, manual, or speaking skills rather
  463  than the student’s achievement of the benchmarks assessed by the
  464  statewide standardized assessment, a statewide standardized end
  465  of-course assessment, or an alternate assessment.
  466         (b) “Condition” means an impairment, whether recently
  467  acquired or longstanding, which affects a student’s ability to
  468  communicate in modes deemed acceptable for statewide
  469  assessments, even if appropriate accommodations are provided,
  470  and creates a situation in which the results of administration
  471  of the statewide standardized assessment, an end-of-course
  472  assessment, or an alternate assessment would reflect the
  473  student’s impaired sensory, manual, or speaking skills rather
  474  than the student’s achievement of the benchmarks assessed by the
  475  statewide standardized assessment, a statewide standardized end
  476  of-course assessment, or an alternate assessment.
  477         (2) A student with a disability for whom the individual
  478  education plan (IEP) team determines is prevented by a
  479  circumstance or condition from physically demonstrating the
  480  mastery of skills that have been acquired and are measured by
  481  the statewide standardized assessment, a statewide standardized
  482  end-of-course assessment, or an alternate assessment pursuant to
  483  s. 1008.22(3)(c) shall be granted an extraordinary exemption
  484  from the administration of the assessment. A learning,
  485  emotional, behavioral, or significant cognitive disability, or
  486  the receipt of services through the homebound or hospitalized
  487  program in accordance with rule 6A-6.03020, Florida
  488  Administrative Code, is not, in and of itself, an adequate
  489  criterion for the granting of an extraordinary exemption.
  490         (3) The IEP team, which must include the parent, may submit
  491  to the district school superintendent a written request for an
  492  extraordinary exemption at any time during the school year, but
  493  not later than 60 days before the current year’s assessment
  494  administration for which the request is made. A request must
  495  include all of the following:
  496         (a) A written description of the student’s disabilities,
  497  including a specific description of the student’s impaired
  498  sensory, manual, or speaking skills.
  499         (b) Written documentation of the most recent evaluation
  500  data.
  501         (c) Written documentation, if available, of the most recent
  502  administration of the statewide standardized assessment, an end
  503  of-course assessment, or an alternate assessment.
  504         (d) A written description of the condition’s effect on the
  505  student’s participation in the statewide standardized
  506  assessment, an end-of-course assessment, or an alternate
  507  assessment.
  508         (e) Written evidence that the student has had the
  509  opportunity to learn the skills being tested.
  510         (f) Written evidence that the student has been provided
  511  appropriate instructional accommodations.
  512         (g) Written evidence as to whether the student has had the
  513  opportunity to be assessed using the instructional
  514  accommodations on the student’s IEP which are allowable in the
  515  administration of the statewide standardized assessment, an end
  516  of-course assessment, or an alternate assessment in prior
  517  assessments.
  518         (h) Written evidence of the circumstance or condition as
  519  defined in subsection (1).
  520         (4) Based upon the documentation provided by the IEP team,
  521  the school district superintendent shall recommend to the
  522  Commissioner of Education whether an extraordinary exemption for
  523  a given assessment administration window should be granted or
  524  denied. A copy of the school district’s procedural safeguards as
  525  required in rule 6A-6.03311, Florida Administrative Code, shall
  526  be provided to the parent. If the parent disagrees with the IEP
  527  team’s recommendation, the dispute resolution methods described
  528  in the procedural safeguards shall be made available to the
  529  parent. Upon receipt of the request, documentation, and
  530  recommendation, the commissioner shall verify the information
  531  documented, make a determination, and notify the parent and the
  532  district school superintendent in writing within 30 days after
  533  the receipt of the request whether the exemption has been
  534  granted or denied. If the commissioner grants the exemption, the
  535  student’s progress must be assessed in accordance with the goals
  536  established in the student’s individual education plan. If the
  537  commissioner denies the exemption, the notification must state
  538  the reasons for the denial.
  539         (5) The parent of a student with a disability who disagrees
  540  with the commissioner’s denial of an extraordinary exemption may
  541  request an expedited hearing. If the parent requests the
  542  expedited hearing, the Department of Education shall inform the
  543  parent of any free or low-cost legal services and other relevant
  544  services available in the area. The Department of Education
  545  shall arrange a hearing with the Division of Administrative
  546  Hearings, which must be commenced within 20 school days after
  547  the parent’s request for the expedited hearing. The
  548  administrative law judge at the division shall make a
  549  determination within 10 school days after the expedited hearing.
  550  The standard of review for the expedited hearing is de novo, and
  551  the department has the burden of proof.
  552         (6) Beginning June 30, 2014, and each June 30 thereafter,
  553  the commissioner shall annually submit to the Governor, the
  554  President of the Senate, and the Speaker of the House of
  555  Representatives the number of extraordinary exemptions requested
  556  under this section, the number of extraordinary exemptions
  557  granted under this section, and the criteria by which all
  558  decisions were made. The commissioner shall regularly inform
  559  district testing and special education administrators of the
  560  procedures established in this section.
  561         (7) The State Board of Education shall adopt rules to
  562  administer this section.
  563         Section 9. Section 1008.3415, Florida Statutes, is created
  564  to read:
  565         1008.3415 School grade or school improvement rating for
  566  exceptional student education centers.—
  567         (1) Each exceptional student education center shall choose
  568  to receive a school grade pursuant to s. 1008.34 or a school
  569  improvement rating pursuant to s. 1008.341.
  570         (2) Notwithstanding s. 1008.34(3)(c)3., the achievement
  571  scores and learning gains of a student with a disability who
  572  attends an exceptional student education center and has not been
  573  enrolled in or attended a public school other than an
  574  exceptional student education center for grades K-12 within the
  575  school district shall not be included in the calculation of the
  576  home school’s grade if the student is identified as an emergent
  577  student on the alternate assessment tool described in s.
  578  1008.22(3)(c)13.
  579         (3) The State Board of Education shall adopt rules under
  580  ss. 120.536(1) and 120.54 to implement this section, including,
  581  but not limited to, defining exceptional student education
  582  centers.
  583         Section 10. Paragraph (e) is added to subsection (3) of
  584  section 1012.585, Florida Statutes, and subsection (6) is added
  585  to that section, to read:
  586         1012.585 Process for renewal of professional certificates.—
  587         (3) For the renewal of a professional certificate, the
  588  following requirements must be met:
  589         (e) Beginning July 1, 2014, an applicant for renewal of a
  590  professional certificate must earn a minimum of 1 college credit
  591  or the equivalent inservice points in the area of instruction
  592  for teaching students with disabilities. The requirement in this
  593  paragraph may not add to the total hours required by the
  594  department for continuing education or inservice training.
  595         (6) The State Board of Education may adopt rules under ss.
  596  120.536(1) and 120.54 to implement this section, including, but
  597  not limited to, applicant renewal requirements.
  598         Section 11. This act shall take effect July 1, 2013.