HB 1043CS


1The Committee on Education K-20 recommends the following:
3     Committee Substitute
4     Remove the entire bill and insert:
A bill to be entitled
6An act relating to instruction for exceptional students;
7amending s. 1003.57, F.S.; providing guidelines for
8determining the residency for a student who receives
9instruction as an exceptional student; requiring the
10placing authority in a student's state of residence or the
11student's parent to pay the cost of instruction,
12facilities, and services in the case of nonresident
13students; providing responsibilities of the Department of
14Education; providing responsibilities of residential
15facilities that educate exceptional students; providing
16applicability; amending s. 1003.58, F.S.; correcting a
17cross reference; providing an effective date.
19Be It Enacted by the Legislature of the State of Florida:
21     Section 1.  Section 1003.57, Florida Statutes, is amended
22to read:
23     1003.57  Exceptional students instruction.--
24     (1)  Each district school board shall provide for an
25appropriate program of special instruction, facilities, and
26services for exceptional students as prescribed by the State
27Board of Education as acceptable, including provisions that:
28     (a)(1)  The district school board provide the necessary
29professional services for diagnosis and evaluation of
30exceptional students.
31     (b)(2)  The district school board provide the special
32instruction, classes, and services, either within the district
33school system, in cooperation with other district school
34systems, or through contractual arrangements with approved
35private schools or community facilities that meet standards
36established by the commissioner.
37     (c)(3)  The district school board annually provide
38information describing the Florida School for the Deaf and the
39Blind and all other programs and methods of instruction
40available to the parent of a sensory-impaired student.
41     (d)(4)  The district school board, once every 3 years,
42submit to the department its proposed procedures for the
43provision of special instruction and services for exceptional
45     (e)(5)  No student be given special instruction or services
46as an exceptional student until after he or she has been
47properly evaluated, classified, and placed in the manner
48prescribed by rules of the State Board of Education. The parent
49of an exceptional student evaluated and placed or denied
50placement in a program of special education shall be notified of
51each such evaluation and placement or denial. Such notice shall
52contain a statement informing the parent that he or she is
53entitled to a due process hearing on the identification,
54evaluation, and placement, or lack thereof. Such hearings shall
55be exempt from the provisions of ss. 120.569, 120.57, and
56286.011, except to the extent that the State Board of Education
57adopts rules establishing other procedures and any records
58created as a result of such hearings shall be confidential and
59exempt from the provisions of s. 119.07(1). The hearing must be
60conducted by an administrative law judge from the Division of
61Administrative Hearings of the Department of Management
62Services. The decision of the administrative law judge shall be
63final, except that any party aggrieved by the finding and
64decision rendered by the administrative law judge shall have the
65right to bring a civil action in the circuit court. In such an
66action, the court shall receive the records of the
67administrative hearing and shall hear additional evidence at the
68request of either party. In the alternative, any party aggrieved
69by the finding and decision rendered by the administrative law
70judge shall have the right to request an impartial review of the
71administrative law judge's order by the district court of appeal
72as provided by s. 120.68. Notwithstanding any law to the
73contrary, during the pendency of any proceeding conducted
74pursuant to this section, unless the district school board and
75the parents otherwise agree, the student shall remain in his or
76her then-current educational assignment or, if applying for
77initial admission to a public school, shall be assigned, with
78the consent of the parents, in the public school program until
79all such proceedings have been completed.
80     (f)(6)  In providing for the education of exceptional
81students, the district school superintendent, principals, and
82teachers shall utilize the regular school facilities and adapt
83them to the needs of exceptional students to the maximum extent
84appropriate. Segregation of exceptional students shall occur
85only if the nature or severity of the exceptionality is such
86that education in regular classes with the use of supplementary
87aids and services cannot be achieved satisfactorily.
88     (g)(7)  In addition to the services agreed to in a
89student's individual education plan, the district school
90superintendent shall fully inform the parent of a student having
91a physical or developmental disability of all available services
92that are appropriate for the student's disability. The
93superintendent shall provide the student's parent with a summary
94of the student's rights.
95     (2)(a)  A student who receives special instruction,
96facilities, or services as an exceptional student is considered
97a resident of the state in which the student's parent or
98guardian is a resident. The cost of such instruction,
99facilities, and services for a nonresident student shall be
100provided by the placing authority in the student's state of
101residence, such as a public school entity, other placing
102authority, or parent. Nonresident students shall not be reported
103by any school district for FTE funding in the Florida Education
104Finance Program.
105     (b)  The Department of Education shall provide to each
106school district a statement of the specific limitations of the
107district's financial obligation for exceptional students under
108federal and state law. The department shall also provide to each
109school district technical assistance as necessary for developing
110a local plan to impose on the placing authority in the student's
111state of residence or the student's parent the fiscal
112responsibility for educating a nonresident exceptional student.
113     (c)  The Department of Education shall develop a process by
114which a school district must review the residency of each
115exceptional student who lives in a residential facility in this
116state prior to providing services. The residential facility, not
117the district, is responsible for billing and collecting from a
118nonresident student's placing authority or parent payment for
119the student's educational and related services.
120     (d)  This subsection applies to any nonresident student who
121receives instruction as an exceptional student in any type of
122educational facility in this state, including, but not limited
123to, a public school, a private school, a group home facility as
124defined in s. 393.063(24), an intensive residential treatment
125program for children and adolescents as defined in s.
126395.002(16), a facility as defined in s. 394.455(10), an
127intermediate care facility for the developmentally disabled or
128ICF/DD as defined in s. 393.063(28) or s. 400.960(12), or a
129community residential home as defined in s. 419.001(1)(a).
130     Section 2.  Subsection (3) of section 1003.58, Florida
131Statutes, is amended to read:
132     1003.58  Students in residential care facilities.--Each
133district school board shall provide educational programs
134according to rules of the State Board of Education to students
135who reside in residential care facilities operated by the
136Department of Children and Family Services.
137     (3)  The district school board shall have full and complete
138authority in the matter of the assignment and placement of such
139students in educational programs. The parent of an exceptional
140student shall have the same due process rights as are provided
141under s. 1003.57(1)(e) s. 1003.57(5).
143Notwithstanding the provisions herein, the educational program
144at the Marianna Sunland Center in Jackson County shall be
145operated by the Department of Education, either directly or
146through grants or contractual agreements with other public or
147duly accredited educational agencies approved by the Department
148of Education.
149     Section 3.  This act shall take effect July 1, 2004.

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

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