| 1 | A bill to be entitled |
| 2 | An act relating to exceptional students; amending ss. |
| 3 | 1003.57 and 1003.58, F.S.; providing responsibility for |
| 4 | the cost of providing educational services to an |
| 5 | exceptional student with a disability who receives such |
| 6 | services in a school district other than his or her |
| 7 | assigned school district; providing an effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. Paragraph (b) of subsection (1) of section |
| 12 | 1003.57, Florida Statutes, is amended to read: |
| 13 | 1003.57 Exceptional students instruction.-- |
| 14 | (1) Each district school board shall provide for an |
| 15 | appropriate program of special instruction, facilities, and |
| 16 | services for exceptional students as prescribed by the State |
| 17 | Board of Education as acceptable, including provisions that: |
| 18 | (b) The district school board provide the special |
| 19 | instruction, classes, and services, either within the district |
| 20 | school system, in cooperation with other district school |
| 21 | systems, or through contractual arrangements with approved |
| 22 | private schools or community facilities that meet standards |
| 23 | established by the commissioner. If an exceptional student with |
| 24 | a disability receives educational services in a school district |
| 25 | other than his or her assigned school district, the cost of |
| 26 | providing such services shall be borne by the school district in |
| 27 | which the parent of the student maintains residence or, if the |
| 28 | student no longer resides with the parent, the cost of providing |
| 29 | such services shall be borne by the school district in which the |
| 30 | parent maintained residence at the time the student last resided |
| 31 | with the parent. |
| 32 | Section 2. Subsection (3) of section 1003.58, Florida |
| 33 | Statutes, is amended to read: |
| 34 | 1003.58 Students in residential care facilities.--Each |
| 35 | district school board shall provide educational programs |
| 36 | according to rules of the State Board of Education to students |
| 37 | who reside in residential care facilities operated by the |
| 38 | Department of Children and Family Services or the Agency for |
| 39 | Persons with Disabilities. |
| 40 | (3) The district school board shall have full and complete |
| 41 | authority in the matter of the assignment and placement of such |
| 42 | students in educational programs. The parent of an exceptional |
| 43 | student shall have the same due process rights as are provided |
| 44 | under s. 1003.57(1)(e). If the residential care facility in |
| 45 | which an exceptional student with a disability resides is |
| 46 | located in a school district other than the student's assigned |
| 47 | school district, the cost of providing educational services to |
| 48 | such student shall be borne by the school district in which the |
| 49 | parent maintained residence at the time the student last resided |
| 50 | with the parent. |
| 51 |
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| 52 | Notwithstanding the provisions herein, the educational program |
| 53 | at the Marianna Sunland Center in Jackson County shall be |
| 54 | operated by the Department of Education, either directly or |
| 55 | through grants or contractual agreements with other public or |
| 56 | duly accredited educational agencies approved by the Department |
| 57 | of Education. |
| 58 | Section 3. This act shall take effect July 1, 2007. |