HB 359

1	A bill to be entitled
2	An act relating to exceptional students; amending ss.
3	1003.57 and 1003.58, F.S.; requiring an agency that places
4	exceptional students with disabilities in certain private
5	residential care facilities to make best efforts to ensure
6	negotiation between school districts of the cost of that
7	placement, including the cost of specified educational
8	services; requiring an agency, prior to placement of a
9	student, to notify the district school boards of the
10	student's assigned school district and of the school
11	district in which the private residential care facility is
12	located; providing responsibility for the cost of
13	providing educational services to an exceptional student
14	with a disability who receives such services in a school
15	district other than his or her assigned school district;
16	specifying requirements for exceptional students with
17	disabilities who are placed in certain private residential
18	care facilities and participate in state school choice
19	scholarship programs; defining terms; requiring a study by
20	the Office of Program Policy Analysis and Government
21	Accountability on the provision of educational services to
22	certain exceptional students referred to or placed in
23	private residential care facilities; defining terms;
24	requiring a report with recommendations; providing an
25	effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1.  Paragraph (b) of subsection (1) of section
30	1003.57, Florida Statutes, is amended to read:
31	1003.57  Exceptional students instruction.--
32	(1)  Each district school board shall provide for an
33	appropriate program of special instruction, facilities, and
34	services for exceptional students as prescribed by the State
35	Board of Education as acceptable, including provisions that:
36	(b)  The district school board provide the special
37	instruction, classes, and services, either within the district
38	school system, in cooperation with other district school
39	systems, or through contractual arrangements with approved
40	private schools or community facilities that meet standards
41	established by the commissioner. At least 30 days prior to an
42	agency placing an exceptional student with a disability in a
43	private residential care facility that is not located in the
44	student's assigned school district, the agency shall provide
45	written notice of the future placement to both the district
46	school board of the student's assigned school district and the
47	district school board of the school district in which the
48	private residential care facility is located and shall make best
49	efforts to ensure that the assigned school district and the
50	school district in which the student is to be placed enter into
51	an agreement concerning the cost of that placement, including
52	the cost of educational services that exceeds funding generated
53	through the Florida Education Finance Program under s. 1011.62.
54	If an agreement cannot be reached, the funding generated through
55	the Florida Education Finance Program by the student's assigned
56	school district shall follow the student in full and the cost of
57	educational services that exceeds such funding shall be shared
58	equally by the student's assigned school district, the school
59	district in which the student is placed, and the Department of
60	Education. An exceptional student with a disability who is
61	placed in a private residential care facility that is not
62	located in the student's assigned school district and who
63	receives a scholarship through a state school choice scholarship
64	program described in s. 1002.421 must remain at the private
65	residential care facility until he or she completes the academic
66	program in which enrolled or achieves academic proficiency as
67	determined by the student's assigned school district. For
68	purposes of this paragraph, the term:
69	1.  "Agency" means the Agency for Persons with Disabilities
70	or the Department of Children and Family Services.
71	2.  "Assigned school district" means the school district
72	that developed the student's most recent individual education
73	plan.
74	Section 2.  Subsection (3) of section 1003.58, Florida
75	Statutes, is amended to read:
76	1003.58  Students in residential care facilities.--Each
77	district school board shall provide educational programs
78	according to rules of the State Board of Education to students
79	who reside in residential care facilities operated by the
80	Department of Children and Family Services or the Agency for
81	Persons with Disabilities.
82	(3)  The district school board shall have full and complete
83	authority in the matter of the assignment and placement of such
84	students in educational programs. The parent of an exceptional
85	student shall have the same due process rights as are provided
86	under s. 1003.57(1)(e). At least 30 days prior to an agency
87	placing an exceptional student with a disability in a private
88	residential care facility that is not located in the student's
89	assigned school district, the agency shall provide written
90	notice of the future placement to both the district school board
91	of the student's assigned school district and the district
92	school board of the school district in which the private
93	residential care facility is located and shall make best efforts
94	to ensure that the assigned school district and the school
95	district in which the student is to be placed enter into an
96	agreement concerning the cost of that placement, including the
97	cost of educational services that exceeds funding generated
98	through the Florida Education Finance Program under s. 1011.62.
99	If an agreement cannot be reached, the funding generated through
100	the Florida Education Finance Program by the student's assigned
101	school district shall follow the student in full and the cost of
102	educational services that exceeds such funding shall be shared
103	equally by the student's assigned school district, the school
104	district in which the student is placed, and the Department of
105	Education. An exceptional student with a disability who is
106	placed in a private residential care facility that is not
107	located in the student's assigned school district and who
108	receives a scholarship through a state school choice scholarship
109	program described in s. 1002.421 must remain at the private
110	residential care facility until he or she completes the academic
111	program in which enrolled or achieves academic proficiency as
112	determined by the student's assigned school district. For
113	purposes of this subsection, the term:
114	(a)  "Agency" means the Agency for Persons with
115	Disabilities or the Department of Children and Family Services.
116	(b)  "Assigned school district" means the school district
117	that developed the student's most recent individual education
118	plan.
119
120	Notwithstanding the provisions herein, the educational program
121	at the Marianna Sunland Center in Jackson County shall be
122	operated by the Department of Education, either directly or
123	through grants or contractual agreements with other public or
124	duly accredited educational agencies approved by the Department
125	of Education.
126	Section 3.  Exceptional student education for in-state
127	students placed in private residential care facilities.--
128	(1)  The Office of Program Policy Analysis and Government
129	Accountability shall conduct a study on the provision of
130	educational services to certain exceptional students. For
131	purposes of this section, the term:
132	(a)  "Agency" means an entity in the executive branch of
133	state government.
134	(b)  "Exceptional student" means an exceptional student
135	with a disability as defined in s. 1003.01(3), Florida Statutes,
136	whose parent resides in Florida and who is referred to or placed
137	by an agency in a private residential care facility.
138	(2)  In conducting the study required by this section, the
139	Office of Program Policy Analysis and Government Accountability
140	shall:
141	(a)  Review and summarize federal and state law and
142	administrative rules relating to the requirements for
143	educational services for exceptional students.
144	(b)  Identify the practices implemented by agencies and
145	district school boards for the provision of educational services
146	to exceptional students. Such identification shall include, but
147	is not limited to:
148	1.  Agency practices, prior to referral or placement, for
149	notifying and consulting with the district school board that is
150	currently serving the exceptional student and the district
151	school board of the school district in which the private
152	residential care facility is located.
153	2.  Agency and district school board practices for
154	allocating financial and other responsibilities associated with
155	the provision of educational services to an exceptional student.
156	(3)  A final report of the study shall be submitted to the
157	President of the Senate and the Speaker of the House of
158	Representatives by December 1, 2008. The final report shall
159	include an evaluation of the practices identified under
160	paragraph (2)(b) and recommendations for the improvement of
161	those practices. The recommendations shall include, but not be
162	limited to, proposed statutory changes that will ensure the
163	equitable allocation of agency and district school board
164	responsibilities related to the provision of educational
165	services to exceptional students.
166	Section 4.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.