Florida Senate - 2017                                    SB 1368
       By Senator Perry
       8-00883-17                                            20171368__
    1                        A bill to be entitled                      
    2         An act relating to exceptional student instruction;
    3         amending s. 1003.57, F.S.; prohibiting certain school
    4         districts from declining to provide or contract for
    5         certain students’ educational instruction; providing
    6         for funding of such students; providing an effective
    7         date.
    9  Be It Enacted by the Legislature of the State of Florida:
   11         Section 1. Subsection (3) of section 1003.57, Florida
   12  Statutes, is amended to read:
   13         1003.57 Exceptional students instruction.—
   14         (3)(a) For purposes of this subsection and subsection (4),
   15  the term:
   16         1. “Agency” means the Department of Children and Families
   17  or its contracted lead agency, the Agency for Persons with
   18  Disabilities, and the Agency for Health Care Administration.
   19         2. “Exceptional student” means an exceptional student, as
   20  defined in s. 1003.01, who has a disability.
   21         3. “Receiving school district” means the district in which
   22  a private residential care facility is located.
   23         4. “Placement” means the funding or arrangement of funding
   24  by an agency for all or a part of the cost for an exceptional
   25  student to reside in a private residential care facility and the
   26  placement crosses school district lines.
   27         (b) Within 10 business days after an exceptional student is
   28  placed in a private residential care facility by an agency, the
   29  agency or private residential care facility licensed by the
   30  agency, as appropriate, shall provide written notification of
   31  the placement to the school district where the student is
   32  currently counted for funding purposes under s. 1011.62 and the
   33  receiving school district. The exceptional student shall be
   34  enrolled in school and receive a free and appropriate public
   35  education, special education, and related services while the
   36  notice and procedures regarding payment are pending. This
   37  paragraph applies when the placement is for the primary purpose
   38  of addressing residential or other noneducational needs and the
   39  placement crosses school district lines.
   40         (c) Within 10 business days after receiving the
   41  notification, the receiving school district must review the
   42  student’s individual educational plan (IEP) to determine if the
   43  student’s IEP can be implemented by the receiving school
   44  district or by a provider or facility under contract with the
   45  receiving school district. The receiving school district shall:
   46         1. Provide educational instruction to the student;
   47         2. Contract with another provider or facility to provide
   48  the educational instruction; or
   49         3. Contract with the private residential care facility in
   50  which the student resides to provide the educational
   51  instruction; or
   52         4.Decline to provide or contract for educational
   53  instruction.
   55  If the receiving school district declines to provide or contract
   56  for the educational instruction, the school district in which
   57  the legal residence of the student is located shall provide or
   58  contract for the educational instruction to the student. The
   59  receiving school district providing that provides educational
   60  instruction or contracting contracts to provide educational
   61  instruction shall report the student for funding purposes
   62  pursuant to s. 1011.62.
   63         (d)1. The Department of Education, in consultation with the
   64  agencies and school districts, shall develop procedures for
   65  written notification to school districts regarding the placement
   66  of an exceptional student in a residential care facility. The
   67  procedures must:
   68         a. Provide for written notification of a placement that
   69  crosses school district lines; and
   70         b. Identify the entity responsible for the notification for
   71  each facility that is operated, licensed, or regulated by an
   72  agency.
   73         2. The State Board of Education shall adopt the procedures
   74  by rule pursuant to ss. 120.536(1) and 120.54, and the agencies
   75  shall implement the procedures.
   77  The requirements of paragraphs (c) and (d) do not apply to
   78  written agreements among school districts which specify each
   79  school district’s responsibility for providing and paying for
   80  educational services to an exceptional student in a residential
   81  care facility. However, each agreement must require a school
   82  district to review the student’s IEP within 10 business days
   83  after receiving the notification required under paragraph (b).
   84         Section 2. This act shall take effect July 1, 2017.