October 26, 2020
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HB 1043

A bill to be entitled
2An act relating to instruction for exceptional students;
3amending s. 1003.57, F.S.; providing guidelines for
4determining the residency for a student who receives
5instruction as an exceptional student; requiring the
6student's state of residence to pay the cost of
7instruction, facilities, and services; providing
8responsibilities of the Department of Education; providing
9responsibilities of residential facilities that educate
10exceptional students; providing applicability; amending s.
111003.58, F.S.; correcting a cross reference; providing an
12effective date.
14Be It Enacted by the Legislature of the State of Florida:
16     Section 1.  Section 1003.57, Florida Statutes, is amended
17to read:
18     1003.57  Exceptional students instruction.--
19     (1)  Each district school board shall provide for an
20appropriate program of special instruction, facilities, and
21services for exceptional students as prescribed by the State
22Board of Education as acceptable, including provisions that:
23     (a)(1)  The district school board provide the necessary
24professional services for diagnosis and evaluation of
25exceptional students.
26     (b)(2)  The district school board provide the special
27instruction, classes, and services, either within the district
28school system, in cooperation with other district school
29systems, or through contractual arrangements with approved
30private schools or community facilities that meet standards
31established by the commissioner.
32     (c)(3)  The district school board annually provide
33information describing the Florida School for the Deaf and the
34Blind and all other programs and methods of instruction
35available to the parent of a sensory-impaired student.
36     (d)(4)  The district school board, once every 3 years,
37submit to the department its proposed procedures for the
38provision of special instruction and services for exceptional
40     (e)(5)  No student be given special instruction or services
41as an exceptional student until after he or she has been
42properly evaluated, classified, and placed in the manner
43prescribed by rules of the State Board of Education. The parent
44of an exceptional student evaluated and placed or denied
45placement in a program of special education shall be notified of
46each such evaluation and placement or denial. Such notice shall
47contain a statement informing the parent that he or she is
48entitled to a due process hearing on the identification,
49evaluation, and placement, or lack thereof. Such hearings shall
50be exempt from the provisions of ss. 120.569, 120.57, and
51286.011, except to the extent that the State Board of Education
52adopts rules establishing other procedures and any records
53created as a result of such hearings shall be confidential and
54exempt from the provisions of s. 119.07(1). The hearing must be
55conducted by an administrative law judge from the Division of
56Administrative Hearings of the Department of Management
57Services. The decision of the administrative law judge shall be
58final, except that any party aggrieved by the finding and
59decision rendered by the administrative law judge shall have the
60right to bring a civil action in the circuit court. In such an
61action, the court shall receive the records of the
62administrative hearing and shall hear additional evidence at the
63request of either party. In the alternative, any party aggrieved
64by the finding and decision rendered by the administrative law
65judge shall have the right to request an impartial review of the
66administrative law judge's order by the district court of appeal
67as provided by s. 120.68. Notwithstanding any law to the
68contrary, during the pendency of any proceeding conducted
69pursuant to this section, unless the district school board and
70the parents otherwise agree, the student shall remain in his or
71her then-current educational assignment or, if applying for
72initial admission to a public school, shall be assigned, with
73the consent of the parents, in the public school program until
74all such proceedings have been completed.
75     (f)(6)  In providing for the education of exceptional
76students, the district school superintendent, principals, and
77teachers shall utilize the regular school facilities and adapt
78them to the needs of exceptional students to the maximum extent
79appropriate. Segregation of exceptional students shall occur
80only if the nature or severity of the exceptionality is such
81that education in regular classes with the use of supplementary
82aids and services cannot be achieved satisfactorily.
83     (g)(7)  In addition to the services agreed to in a
84student's individual education plan, the district school
85superintendent shall fully inform the parent of a student having
86a physical or developmental disability of all available services
87that are appropriate for the student's disability. The
88superintendent shall provide the student's parent with a summary
89of the student's rights.
90     (2)(a)  A student who receives special instruction,
91facilities, or services as an exceptional student is considered
92a resident of the state in which the student's parent or
93guardian is a resident. Such a student's state of residence must
94pay the cost of such instruction, facilities, and services for a
95nonresident student who receives instruction in this state as an
96exceptional student.
97     (b)  The Department of Education shall provide to each
98school district a statement of the specific limitations of the
99district's financial obligation for exceptional students under
100federal and state law. The department shall also provide to each
101school district technical assistance as necessary for developing
102a local plan to impose on a student's home state the fiscal
103responsibility for educating a nonresident exceptional student.
104     (c)  The Department of Education shall develop a process by
105which a school district must review the residency of each
106exceptional student who lives in a residential facility in this
107state prior to providing services. The residential facility, not
108the district, is responsible for billing and collecting from a
109nonresidential student's home state payment for the student's
110educational and related services.
111     (d)  This subsection applies to any nonresident student who
112receives instruction as an exceptional student in any type of
113educational facility in this state, including a public school,
114private school, or juvenile justice commitment facility.
115     Section 2.  Subsection (3) of section 1003.58, Florida
116Statutes, is amended to read:
117     1003.58  Students in residential care facilities.--Each
118district school board shall provide educational programs
119according to rules of the State Board of Education to students
120who reside in residential care facilities operated by the
121Department of Children and Family Services.
122     (3)  The district school board shall have full and complete
123authority in the matter of the assignment and placement of such
124students in educational programs. The parent of an exceptional
125student shall have the same due process rights as are provided
126under s. 1003.57(1)(e) s. 1003.57(5).
127     Section 3.  This act shall take effect July 1, 2004.

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