| 1 | A bill to be entitled |
| 2 | An act relating to exceptional students; amending s. |
| 3 | 1003.57, F.S.; providing definitions; requiring the |
| 4 | Department of Education, in consultation with specified |
| 5 | agencies, to develop procedures relating to notification |
| 6 | of school districts of the placement of exceptional |
| 7 | students in residential care facilities; requiring a |
| 8 | school district to review a student's individual education |
| 9 | plan; providing for a determination of responsibility for |
| 10 | educational instruction; requiring specified reporting of |
| 11 | a student for funding purposes; amending s. 1003.58, F.S.; |
| 12 | requiring a cooperative agreement for interagency |
| 13 | coordination to ensure that certain services are provided |
| 14 | for students in residential care facilities; providing an |
| 15 | effective date. |
| 16 |
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| 17 | Be It Enacted by the Legislature of the State of Florida: |
| 18 |
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| 19 | Section 1. Subsection (3) is added to section 1003.57, |
| 20 | Florida Statutes, to read: |
| 21 | 1003.57 Exceptional students instruction.-- |
| 22 | (3)(a) For purposes of this subsection: |
| 23 | 1. "Agency" means the Department of Children and Family |
| 24 | Services or its contracted lead agency, the Agency for Persons |
| 25 | with Disabilities, and the Agency for Health Care |
| 26 | Administration. |
| 27 | 2. "Home school district" means the district that is the |
| 28 | legal residence of the student. |
| 29 | 3. "Receiving school district" means the district in which |
| 30 | the private residential care facility serving a student is |
| 31 | located. |
| 32 | 4. "Residential placement" or "placement" occurs when an |
| 33 | agency has funded or arranged for the funding of all or a part |
| 34 | of the cost of an exceptional student to live in a facility that |
| 35 | provides educational services operated or licensed by the |
| 36 | agency. |
| 37 | (b) The Department of Education, in consultation with the |
| 38 | Department of Children and Family Services, the Agency for |
| 39 | Persons with Disabilities, the Agency for Health Care |
| 40 | Administration, and school districts, shall develop procedures |
| 41 | for the timely notification of school districts regarding the |
| 42 | placement of exceptional students in residential care |
| 43 | facilities. The procedures must provide written notification |
| 44 | within 10 days after the residential placement to the school |
| 45 | district where the child is currently reported as a full-time |
| 46 | equivalent student for Florida Education Finance Program |
| 47 | purposes and to the school district where the facility is |
| 48 | located if the facility is located in a different school |
| 49 | district. The procedures must also identify the agency or other |
| 50 | entity responsible for notification for each type of facility |
| 51 | that the agencies operate, regulate, or license. Notification, |
| 52 | as required by this subsection, for students admitted to |
| 53 | residential care facilities licensed by the Agency for Persons |
| 54 | with Disabilities shall be provided by the facility. |
| 55 | (c) Within 10 days after receiving the written |
| 56 | notification, the receiving school district must review the |
| 57 | student's individual education plan to determine if the student |
| 58 | may benefit from instruction provided by the school district or |
| 59 | by a provider or facility under contract with the school |
| 60 | district. The school district shall: |
| 61 | 1. Provide educational instruction to the student; |
| 62 | 2. Contract with another provider or facility to provide |
| 63 | the educational instruction; |
| 64 | 3. Contract with the private residential care facility in |
| 65 | which the student resides to provide the educational |
| 66 | instruction; or |
| 67 | 4. Decline to provide or contract for educational |
| 68 | instruction. If the receiving school district declines to |
| 69 | provide or contract for the educational instruction, the home |
| 70 | school district of the student shall provide or contract for the |
| 71 | educational instruction to the student. |
| 72 | (d) The school district that provides or contracts to |
| 73 | provide educational instruction shall report the student for |
| 74 | funding purposes under s. 1011.62. |
| 75 | Section 2. Subsection (4) of section 1003.58, Florida |
| 76 | Statutes, is amended to read: |
| 77 | 1003.58 Students in residential care facilities.--Each |
| 78 | district school board shall provide educational programs |
| 79 | according to rules of the State Board of Education to students |
| 80 | who reside in residential care facilities operated by the |
| 81 | Department of Children and Family Services or the Agency for |
| 82 | Persons with Disabilities. |
| 83 | (4)(a) The district school board shall have a written |
| 84 | agreement with the Department of Children and Family Services |
| 85 | and the Agency for Persons with Disabilities outlining the |
| 86 | respective duties and responsibilities of each party. |
| 87 | (b) The Department of Education, the Department of |
| 88 | Children and Family Services, the Agency for Persons with |
| 89 | Disabilities, and the Agency for Health Care Administration |
| 90 | shall enter into a cooperative agreement for interagency |
| 91 | coordination to ensure that the services required by the |
| 92 | Individuals with Disabilities Education Act are provided. The |
| 93 | agreement shall incorporate the elements set out in 34 C.F.R. s. |
| 94 | 300.154. |
| 95 |
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| 96 | Notwithstanding the provisions herein, the educational program |
| 97 | at the Marianna Sunland Center in Jackson County shall be |
| 98 | operated by the Department of Education, either directly or |
| 99 | through grants or contractual agreements with other public or |
| 100 | duly accredited educational agencies approved by the Department |
| 101 | of Education. |
| 102 | Section 3. This act shall take effect July 1, 2008. |