2013 Legislature                   CS for SB 1108, 2nd Engrossed
    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. 1003.57, F.S.; requiring
   10         a school district to use specified terms to describe
   11         the instructional setting for certain exceptional
   12         students; defining the term “inclusion” for purposes
   13         of exceptional student instruction; providing for
   14         determination of eligibility as an exceptional
   15         student; requiring certain assessments to facilitate
   16         inclusive educational practices for exceptional
   17         students; requiring a district school board to provide
   18         parents with information regarding the funding the
   19         school district receives for exceptional student
   20         education; requiring the school district to provide
   21         the information at the initial meeting of a student’s
   22         individual education plan team; creating s. 1003.5715,
   23         F.S.; requiring the use of parental consent forms for
   24         specified actions in a student’s individual education
   25         plan; providing requirements for the consent forms;
   26         providing requirements for changes in a student’s
   27         individual education plan; requiring the State Board
   28         of Education to adopt rules; creating s. 1003.572,
   29         F.S.; defining the term “private instructional
   30         personnel”; encouraging the collaboration of public
   31         and private instructional personnel and providing
   32         requirements therefor; amending s. 1003.58, F.S.;
   33         conforming a cross-reference; creating s. 1008.212,
   34         F.S.; providing definitions; providing that a student
   35         with a disability be granted an extraordinary
   36         exemption from the administration of certain
   37         assessments under certain circumstances; providing
   38         that certain disabilities or the receipt of services
   39         through a homebound or hospitalized program is not an
   40         adequate criterion for the granting of an
   41         extraordinary exemption; authorizing a written request
   42         for an extraordinary exemption; providing requirements
   43         for the request; providing a procedure for granting or
   44         denying an extraordinary exemption; providing a
   45         procedure for appealing a denial of an extraordinary
   46         exemption; requiring the Commissioner of Education to
   47         annually submit by a specified date to the Governor
   48         and the Legislature a report and regularly inform
   49         district testing and special education administrators
   50         of the procedures regarding extraordinary exemptions;
   51         requiring the State Board of Education to adopt rules;
   52         creating s. 1008.3415, F.S.; requiring an exceptional
   53         student education center to choose to receive a school
   54         grade or school improvement rating; excluding student
   55         assessment data from the calculation of a home
   56         school’s grade under certain circumstances; requiring
   57         the State Board of Education to adopt rules; amending
   58         s. 1012.585, F.S.; providing requirements for renewal
   59         of a professional certificate relating to teaching
   60         students with disabilities; authorizing the State
   61         Board of Education to adopt rules; providing an
   62         effective date.
   64  Be It Enacted by the Legislature of the State of Florida:
   66         Section 1. Paragraph (a) of subsection (21) of section
   67  1002.20, Florida Statutes, is amended to read:
   68         1002.20 K-12 student and parent rights.—Parents of public
   69  school students must receive accurate and timely information
   70  regarding their child’s academic progress and must be informed
   71  of ways they can help their child to succeed in school. K-12
   72  students and their parents are afforded numerous statutory
   73  rights including, but not limited to, the following:
   74         (21) PARENTAL INPUT AND MEETINGS.—
   75         (a) Meetings with school district personnel.—Parents of
   76  public school students may be accompanied by another adult of
   77  their choice at any meeting with school district personnel.
   78  School district personnel may not object to the attendance of
   79  such adult or discourage or attempt to discourage, through any
   80  action, statement, or other means, parents from inviting another
   81  person of their choice to attend any meeting. Such prohibited
   82  actions include, but are not limited to, attempted or actual
   83  coercion or harassment of parents or students or retaliation or
   84  threats of consequences to parents or students.
   85         1. Such meetings include, but not are not limited to,
   86  meetings related to: the eligibility for exceptional student
   87  education or related services; the development of an individual
   88  family support plan (IFSP); the development of an individual
   89  education plan (IEP); the development of a 504 accommodation
   90  plan issued under s. 504 of the Rehabilitation Act of 1973; the
   91  transition of a student from early intervention services to
   92  other services; the development of postsecondary goals for a
   93  student and the transition services needed to reach those goals;
   94  and other issues that may affect a student’s educational
   95  environment, discipline, or placement.
   96         2. The parents and school district personnel attending the
   97  meeting shall sign a document at the meeting’s conclusion which
   98  states whether any school district personnel have prohibited,
   99  discouraged, or attempted to discourage the parents from
  100  inviting a person of their choice to the meeting.
  101         Section 2. Paragraph (c) of subsection (17) of section
  102  1002.33, Florida Statutes, is amended to read:
  103         1002.33 Charter schools.—
  104         (17) FUNDING.—Students enrolled in a charter school,
  105  regardless of the sponsorship, shall be funded as if they are in
  106  a basic program or a special program, the same as students
  107  enrolled in other public schools in the school district. Funding
  108  for a charter lab school shall be as provided in s. 1002.32.
  109         (c) If the district school board is providing programs or
  110  services to students funded by federal funds, any eligible
  111  students enrolled in charter schools in the school district
  112  shall be provided federal funds for the same level of service
  113  provided students in the schools operated by the district school
  114  board. Pursuant to provisions of 20 U.S.C. 8061 s. 10306, all
  115  charter schools shall receive all federal funding for which the
  116  school is otherwise eligible, including Title I funding, not
  117  later than 5 months after the charter school first opens and
  118  within 5 months after any subsequent expansion of enrollment.
  119  Unless otherwise mutually agreed to by the charter school and
  120  its sponsor, and consistent with state and federal rules and
  121  regulations governing the use and disbursement of federal funds,
  122  the sponsor shall reimburse the charter school on a monthly
  123  basis for all invoices submitted by the charter school for
  124  federal funds available to the sponsor for the benefit of the
  125  charter school, the charter school’s students, and the charter
  126  school’s students as public school students in the school
  127  district. Such federal funds include, but are not limited to,
  128  Title I, Title II, and Individuals with Disabilities Education
  129  Act (IDEA) funds. To receive timely reimbursement for an
  130  invoice, the charter school must submit the invoice to the
  131  sponsor at least 30 days before the monthly date of
  132  reimbursement set by the sponsor. In order to be reimbursed, any
  133  expenditures made by the charter school must comply with all
  134  applicable state rules and federal regulations, including, but
  135  not limited to, the applicable federal Office of Management and
  136  Budget Circulars, the federal Education Department General
  137  Administrative Regulations, and program-specific statutes,
  138  rules, and regulations. Such funds may not be made available to
  139  the charter school until a plan is submitted to the sponsor for
  140  approval of the use of the funds in accordance with applicable
  141  federal requirements. The sponsor has 30 days to review and
  142  approve any plan submitted pursuant to this paragraph.
  143         Section 3. Subsection (1) of section 1003.57, Florida
  144  Statutes, is amended to read:
  145         1003.57 Exceptional students instruction.—
  146         (1)(a) For purposes of providing exceptional student
  147  instruction under this section:
  148         1. A school district shall use the following terms to
  149  describe the instructional setting for a student with a
  150  disability, 6 through 21 years of age, who is not educated in a
  151  setting accessible to all children who are together at all
  152  times:
  153         a. “Exceptional student education center” or “special day
  154  school” means a separate public school to which nondisabled
  155  peers do not have access.
  156         b. “Other separate environment” means a separate private
  157  school, residential facility, or hospital or homebound program.
  158         c. “Regular class” means a class in which a student spends
  159  80 percent or more of the school week with nondisabled peers.
  160         d. “Resource room” means a classroom in which a student
  161  spends between 40 percent to 80 percent of the school week with
  162  nondisabled peers.
  163         e. “Separate class” means a class in which a student spends
  164  less than 40 percent of the school week with nondisabled peers.
  165         2. A school district shall use the term “inclusion” to mean
  166  that a student is receiving education in a general education
  167  regular class setting, reflecting natural proportions and age
  168  appropriate heterogeneous groups in core academic and elective
  169  or special areas within the school community; a student with a
  170  disability is a valued member of the classroom and school
  171  community; the teachers and administrators support universal
  172  education and have knowledge and support available to enable
  173  them to effectively teach all children; and a student is
  174  provided access to technical assistance in best practices,
  175  instructional methods, and supports tailored to the student’s
  176  needs based on current research.
  177         (b) Each district school board shall provide for an
  178  appropriate program of special instruction, facilities, and
  179  services for exceptional students as prescribed by the State
  180  Board of Education as acceptable, including provisions that:
  181         1. The district school board provide the necessary
  182  professional services for diagnosis and evaluation of
  183  exceptional students.
  184         2. The district school board provide the special
  185  instruction, classes, and services, either within the district
  186  school system, in cooperation with other district school
  187  systems, or through contractual arrangements with approved
  188  private schools or community facilities that meet standards
  189  established by the commissioner.
  190         3. The district school board annually provide information
  191  describing the Florida School for the Deaf and the Blind and all
  192  other programs and methods of instruction available to the
  193  parent of a sensory-impaired student.
  194         4. The district school board, once every 3 years, submit to
  195  the department its proposed procedures for the provision of
  196  special instruction and services for exceptional students.
  197         (c)(b) A student may not be given special instruction or
  198  services as an exceptional student until after he or she has
  199  been properly evaluated and found eligible as an exceptional
  200  student, classified, and placed in the manner prescribed by
  201  rules of the State Board of Education. The parent of an
  202  exceptional student evaluated and found eligible or ineligible
  203  placed or denied placement in a program of special education
  204  shall be notified of each such evaluation and determination
  205  placement or denial. Such notice shall contain a statement
  206  informing the parent that he or she is entitled to a due process
  207  hearing on the identification, evaluation, and eligibility
  208  determination placement, or lack thereof. Such hearings are
  209  exempt from ss. 120.569, 120.57, and 286.011, except to the
  210  extent that the State Board of Education adopts rules
  211  establishing other procedures. Any records created as a result
  212  of such hearings are confidential and exempt from s. 119.07(1).
  213  The hearing must be conducted by an administrative law judge
  214  from the Division of Administrative Hearings pursuant to a
  215  contract between the Department of Education and the Division of
  216  Administrative Hearings. The decision of the administrative law
  217  judge is final, except that any party aggrieved by the finding
  218  and decision rendered by the administrative law judge has the
  219  right to bring a civil action in the state circuit court. In
  220  such an action, the court shall receive the records of the
  221  administrative hearing and shall hear additional evidence at the
  222  request of either party. In the alternative, in hearings
  223  conducted on behalf of a student who is identified as gifted,
  224  any party aggrieved by the finding and decision rendered by the
  225  administrative law judge has the right to request a review of
  226  the administrative law judge’s order by the district court of
  227  appeal as provided in s. 120.68.
  228         (d)(c) Notwithstanding any law to the contrary, during the
  229  pendency of any proceeding conducted pursuant to this section,
  230  unless the district school board and the parents otherwise
  231  agree, the student shall remain in his or her then-current
  232  educational assignment or, if applying for initial admission to
  233  a public school, shall be assigned, with the consent of the
  234  parents, in the public school program until all such proceedings
  235  have been completed.
  236         (e)(d) In providing for the education of exceptional
  237  students, the district school superintendent, principals, and
  238  teachers shall utilize the regular school facilities and adapt
  239  them to the needs of exceptional students to the maximum extent
  240  appropriate. To the extent appropriate, students with
  241  disabilities, including those students in public or private
  242  institutions or other facilities, shall be educated with
  243  students who are not disabled. Segregation of exceptional
  244  students shall occur only if the nature or severity of the
  245  exceptionality is such that education in regular classes with
  246  the use of supplementary aids and services cannot be achieved
  247  satisfactorily.
  248         (f) Once every 3 years, each school district and school
  249  shall complete a Best Practices in Inclusive Education (BPIE)
  250  assessment with a Florida Inclusion Network facilitator and
  251  include the results of the BPIE assessment and all planned
  252  short-term and long-term improvement efforts in the school
  253  district’s exceptional student education policies and
  254  procedures. BPIE is an internal assessment process designed to
  255  facilitate the analysis, implementation, and improvement of
  256  inclusive educational practices at the district and school team
  257  levels.
  258         (g)(e) In addition to the services agreed to in a student’s
  259  individual educational plan, the district school superintendent
  260  shall fully inform the parent of a student having a physical or
  261  developmental disability of all available services that are
  262  appropriate for the student’s disability. The superintendent
  263  shall provide the student’s parent with a summary of the
  264  student’s rights.
  265         (h)(f) School personnel may consider any unique
  266  circumstances on a case-by-case basis when determining whether a
  267  change in placement is appropriate for a student who has a
  268  disability and violates a district school board’s code of
  269  student conduct. School personnel may remove and place such
  270  student in an interim alternative educational setting for not
  271  more than 45 school days, without regard to whether the behavior
  272  is determined to be a manifestation of the student’s disability,
  273  if the student:
  274         1. Carries a weapon to or possesses a weapon at school, on
  275  school premises, or at a school function under the jurisdiction
  276  of the school district;
  277         2. Knowingly possesses or uses illegal drugs, or sells or
  278  solicits the sale of a controlled substance, while at school, on
  279  school premises, or at a school function under the jurisdiction
  280  of the school district; or
  281         3. Has inflicted serious bodily injury upon another person
  282  while at school, on school premises, or at a school function
  283  under the jurisdiction of the school district.
  284         (i)(g) For purposes of paragraph (h)(f), the term:
  285         1. “Controlled substance” means a drug or other substance
  286  identified under Schedule I, Schedule II, Schedule III, Schedule
  287  IV, or Schedule V of the Controlled Substances Act, 21 U.S.C. s.
  288  812(c) and s. 893.02(4).
  289         2. “Weapon” means a device, instrument, material, or
  290  substance, animate or inanimate, which is used for, or is
  291  readily capable of, causing death or serious bodily injury;
  292  however, this definition does not include a pocketknife having a
  293  blade that is less than 2 1/2 inches in length.
  294         (j)The district school board shall provide each parent
  295  with information regarding the amount that the school district
  296  receives from the state appropriation for each of the five
  297  exceptional student education support levels for a full-time
  298  student. The school district shall provide this information at
  299  the initial meeting of a student’s individual education plan
  300  team.
  301         Section 4. Section 1003.5715, Florida Statutes, is created
  302  to read:
  303         1003.5715 Parental consent; individual education plan.—
  304         (1) The Department of Education shall adopt separate
  305  parental consent forms that school districts must use for each
  306  of the following actions in a student’s individual education
  307  plan (IEP):
  308         (a) Administer to the student an alternate assessment
  309  pursuant to s. 1008.22 and provide instruction in the state
  310  standards access points curriculum.
  311         (b) Place the student in an exceptional student education
  312  center.
  313         (2) In accordance with 34 C.F.R. s. 300.503, each form
  314  shall be provided to the parent in the parent’s native language,
  315  as defined in 34 C.F.R. s. 300.29, and include the following:
  316         (a) A statement that the parent is a participant of the
  317  individual education plan team (IEP Team) and has the right to
  318  consent or refuse consent to the actions described in subsection
  319  (1). The statement shall include information that the refusal of
  320  parental consent means that the school district may not proceed
  321  with the actions described in subsection (1) without a school
  322  district due process hearing in accordance with 34 C.F.R. ss.
  323  300.507 and 300.508.
  324         (b) A “does consent” box and a signature line.
  325         (c) A “does not consent” box and a signature line.
  326         (d) An informational statement of the benefits and
  327  consequences of giving parental consent to the actions described
  328  in subsection (1).
  329         (3) A school district may not proceed with the actions
  330  described in subsection (1) without parental consent unless the
  331  school district documents reasonable efforts to obtain the
  332  parent’s consent and the child’s parent has failed to respond or
  333  the school district obtains approval through a due process
  334  hearing in accordance with 34 C.F.R. ss. 300.507 and 300.508 and
  335  resolution of appeals.
  336         (4) Except for a change in placement described in s.
  337  1003.57(1)(h), if a school district determines that there is a
  338  need to change an exceptional student’s IEP as it relates to
  339  actions described in subsection (1), the school must hold an IEP
  340  Team meeting that includes the parent to discuss the reason for
  341  the change. The school shall provide written notice of the
  342  meeting to the parent at least 10 days before the meeting,
  343  indicating the purpose, time, and location of the meeting and
  344  who, by title or position, will attend the meeting. The IEP Team
  345  meeting requirement may be waived by informed consent of the
  346  parent after the parent receives the written notice.
  347         (5) For a change in actions described in subsection (1) in
  348  a student’s IEP, the school district may not implement the
  349  change without parental consent unless the school district
  350  documents reasonable efforts to obtain the parent’s consent and
  351  the child’s parent has failed to respond or the school district
  352  obtains approval through a due process hearing in accordance
  353  with 34 C.F.R. ss. 300.507 and 300.508 and resolution of
  354  appeals.
  355         (6) Pursuant to 34 C.F.R. s. 300.518, during the pendency
  356  of a due process hearing or appellate proceeding regarding a due
  357  process complaint, the student shall remain in his or her
  358  current educational assignment while awaiting the decision of
  359  any impartial due process hearing or court proceeding, unless
  360  the parent and the district school board otherwise agree.
  361         (7) This section does not abrogate any parental right
  362  identified in the Individuals with Disabilities Education Act
  363  (IDEA) and its implementing regulations.
  364         (8) The State Board of Education shall adopt rules pursuant
  365  to ss. 120.536(1) and 120.54 to implement this section,
  366  including, but not limited to, developing parental consent
  367  forms.
  368         Section 5. Section 1003.572, Florida Statutes, is created
  369  to read:
  370         1003.572 Collaboration of public and private instructional
  371  personnel.—
  372         (1) As used in this section, the term “private
  373  instructional personnel” means:
  374         (a) Individuals certified under s. 393.17 or licensed under
  375  chapter 490 or chapter 491 for applied behavior analysis
  376  services as defined in ss. 627.6686 and 641.31098.
  377         (b) Speech-language pathologists licensed under s.
  378  468.1185.
  379         (c) Occupational therapists licensed under part III of
  380  chapter 468.
  381         (d) Physical therapists licensed under chapter 486.
  382         (e) Psychologists licensed under chapter 490.
  383         (f) Clinical social workers licensed under chapter 491.
  384         (2) The collaboration of public and private instructional
  385  personnel shall be designed to enhance but not supplant the
  386  school district’s responsibilities under the Individuals with
  387  Disabilities Education Act (IDEA). The school as the local
  388  education agency shall provide therapy services to meet the
  389  expectations provided in federal law and regulations and state
  390  statutes and rules. Collaboration of public and private
  391  instructional personnel will work to promote educational
  392  progress and assist students in acquiring essential skills,
  393  including, but not limited to, readiness for pursuit of higher
  394  education goals or employment. Where applicable, public and
  395  private instructional personnel shall undertake collaborative
  396  programming. Coordination of services and plans between a public
  397  school and private instructional personnel is encouraged to
  398  avoid duplication or conflicting services or plans.
  399         (3) Private instructional personnel who are hired or
  400  contracted by parents to collaborate with public instructional
  401  personnel must be permitted to observe the student in the
  402  educational setting, collaborate with instructional personnel in
  403  the educational setting, and provide services in the educational
  404  setting according to the following requirements:
  405         (a) The student’s public instructional personnel and
  406  principal consent to the time and place.
  407         (b) The private instructional personnel satisfy the
  408  requirements of s. 1012.32 or s. 1012.321.
  409         (4) The provision of private instructional personnel by a
  410  parent does not constitute a waiver of the student’s or parent’s
  411  right to a free and appropriate public education under IDEA.
  412         Section 6. Subsection (3) of section 1003.58, Florida
  413  Statutes, is amended to read:
  414         1003.58 Students in residential care facilities.—Each
  415  district school board shall provide educational programs
  416  according to rules of the State Board of Education to students
  417  who reside in residential care facilities operated by the
  418  Department of Children and Family Services or the Agency for
  419  Persons with Disabilities.
  420         (3) The district school board shall have full and complete
  421  authority in the matter of the assignment and placement of such
  422  students in educational programs. The parent of an exceptional
  423  student shall have the same due process rights as are provided
  424  under s. 1003.57(1)(c) 1003.57(1)(b).
  426  Notwithstanding the provisions herein, the educational program
  427  at the Marianna Sunland Center in Jackson County shall be
  428  operated by the Department of Education, either directly or
  429  through grants or contractual agreements with other public or
  430  duly accredited educational agencies approved by the Department
  431  of Education.
  432         Section 7. Section 1008.212, Florida Statutes, is created
  433  to read:
  434         1008.212 Students with disabilities; extraordinary
  435  exemption.—
  436         (1) As used in this section, the term:
  437         (a) “Circumstance” means a situation in which
  438  accommodations allowable for use on the statewide standardized
  439  assessment, a statewide standardized end-of-course assessment,
  440  or an alternate assessment pursuant to s. 1008.22(3)(c) are not
  441  offered to a student during the current year’s assessment
  442  administration due to technological limitations in the testing
  443  administration program which lead to results that reflect the
  444  student’s impaired sensory, manual, or speaking skills rather
  445  than the student’s achievement of the benchmarks assessed by the
  446  statewide standardized assessment, a statewide standardized end
  447  of-course assessment, or an alternate assessment.
  448         (b) “Condition” means an impairment, whether recently
  449  acquired or longstanding, which affects a student’s ability to
  450  communicate in modes deemed acceptable for statewide
  451  assessments, even if appropriate accommodations are provided,
  452  and creates a situation in which the results of administration
  453  of the statewide standardized assessment, an end-of-course
  454  assessment, or an alternate assessment would reflect the
  455  student’s impaired sensory, manual, or speaking skills rather
  456  than the student’s achievement of the benchmarks assessed by the
  457  statewide standardized assessment, a statewide standardized end
  458  of-course assessment, or an alternate assessment.
  459         (2) A student with a disability for whom the individual
  460  education plan (IEP) team determines is prevented by a
  461  circumstance or condition from physically demonstrating the
  462  mastery of skills that have been acquired and are measured by
  463  the statewide standardized assessment, a statewide standardized
  464  end-of-course assessment, or an alternate assessment pursuant to
  465  s. 1008.22(3)(c) shall be granted an extraordinary exemption
  466  from the administration of the assessment. A learning,
  467  emotional, behavioral, or significant cognitive disability, or
  468  the receipt of services through the homebound or hospitalized
  469  program in accordance with rule 6A-6.03020, Florida
  470  Administrative Code, is not, in and of itself, an adequate
  471  criterion for the granting of an extraordinary exemption.
  472         (3) The IEP team, which must include the parent, may submit
  473  to the district school superintendent a written request for an
  474  extraordinary exemption at any time during the school year, but
  475  not later than 60 days before the current year’s assessment
  476  administration for which the request is made. A request must
  477  include all of the following:
  478         (a) A written description of the student’s disabilities,
  479  including a specific description of the student’s impaired
  480  sensory, manual, or speaking skills.
  481         (b) Written documentation of the most recent evaluation
  482  data.
  483         (c) Written documentation, if available, of the most recent
  484  administration of the statewide standardized assessment, an end
  485  of-course assessment, or an alternate assessment.
  486         (d) A written description of the condition’s effect on the
  487  student’s participation in the statewide standardized
  488  assessment, an end-of-course assessment, or an alternate
  489  assessment.
  490         (e) Written evidence that the student has had the
  491  opportunity to learn the skills being tested.
  492         (f) Written evidence that the student has been provided
  493  appropriate instructional accommodations.
  494         (g) Written evidence as to whether the student has had the
  495  opportunity to be assessed using the instructional
  496  accommodations on the student’s IEP which are allowable in the
  497  administration of the statewide standardized assessment, an end
  498  of-course assessment, or an alternate assessment in prior
  499  assessments.
  500         (h) Written evidence of the circumstance or condition as
  501  defined in subsection (1).
  502         (4) Based upon the documentation provided by the IEP team,
  503  the school district superintendent shall recommend to the
  504  Commissioner of Education whether an extraordinary exemption for
  505  a given assessment administration window should be granted or
  506  denied. A copy of the school district’s procedural safeguards as
  507  required in rule 6A-6.03311, Florida Administrative Code, shall
  508  be provided to the parent. If the parent disagrees with the IEP
  509  team’s recommendation, the dispute resolution methods described
  510  in the procedural safeguards shall be made available to the
  511  parent. Upon receipt of the request, documentation, and
  512  recommendation, the commissioner shall verify the information
  513  documented, make a determination, and notify the parent and the
  514  district school superintendent in writing within 30 days after
  515  the receipt of the request whether the exemption has been
  516  granted or denied. If the commissioner grants the exemption, the
  517  student’s progress must be assessed in accordance with the goals
  518  established in the student’s individual education plan. If the
  519  commissioner denies the exemption, the notification must state
  520  the reasons for the denial.
  521         (5) The parent of a student with a disability who disagrees
  522  with the commissioner’s denial of an extraordinary exemption may
  523  request an expedited hearing. If the parent requests the
  524  expedited hearing, the Department of Education shall inform the
  525  parent of any free or low-cost legal services and other relevant
  526  services available in the area. The Department of Education
  527  shall arrange a hearing with the Division of Administrative
  528  Hearings, which must be commenced within 20 school days after
  529  the parent’s request for the expedited hearing. The
  530  administrative law judge at the division shall make a
  531  determination within 10 school days after the expedited hearing.
  532  The standard of review for the expedited hearing is de novo, and
  533  the department has the burden of proof.
  534         (6) Beginning June 30, 2014, and each June 30 thereafter,
  535  the commissioner shall annually submit to the Governor, the
  536  President of the Senate, and the Speaker of the House of
  537  Representatives the number of extraordinary exemptions requested
  538  under this section, the number of extraordinary exemptions
  539  granted under this section, and the criteria by which all
  540  decisions were made. The commissioner shall regularly inform
  541  district testing and special education administrators of the
  542  procedures established in this section.
  543         (7) The State Board of Education shall adopt rules to
  544  administer this section.
  545         Section 8. Section 1008.3415, Florida Statutes, is created
  546  to read:
  547         1008.3415 School grade or school improvement rating for
  548  exceptional student education centers.—
  549         (1) Each exceptional student education center shall choose
  550  to receive a school grade pursuant to s. 1008.34 or a school
  551  improvement rating pursuant to s. 1008.341.
  552         (2) Notwithstanding s. 1008.34(3)(c)3., the achievement
  553  scores and learning gains of a student with a disability who
  554  attends an exceptional student education center and has not been
  555  enrolled in or attended a public school other than an
  556  exceptional student education center for grades K-12 within the
  557  school district shall not be included in the calculation of the
  558  home school’s grade if the student is identified as an emergent
  559  student on the alternate assessment tool described in s.
  560  1008.22(3)(c)13.
  561         (3) The State Board of Education shall adopt rules under
  562  ss. 120.536(1) and 120.54 to implement this section, including,
  563  but not limited to, defining exceptional student education
  564  centers.
  565         Section 9. Paragraph (e) is added to subsection (3) of
  566  section 1012.585, Florida Statutes, and subsection (6) is added
  567  to that section, to read:
  568         1012.585 Process for renewal of professional certificates.—
  569         (3) For the renewal of a professional certificate, the
  570  following requirements must be met:
  571         (e) Beginning July 1, 2014, an applicant for renewal of a
  572  professional certificate must earn a minimum of 1 college credit
  573  or the equivalent inservice points in the area of instruction
  574  for teaching students with disabilities. The requirement in this
  575  paragraph may not add to the total hours required by the
  576  department for continuing education or inservice training.
  577         (6) The State Board of Education may adopt rules under ss.
  578  120.536(1) and 120.54 to implement this section, including, but
  579  not limited to, applicant renewal requirements.
  580         Section 10. This act shall take effect July 1, 2013.