October 26, 2020
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Florida Senate - 2008 CS for SB 318

By the Committee on Education Pre-K - 12; and Senator Constantine

581-06500-08 2008318c1

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A bill to be entitled

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An act relating to exceptional students; amending s.

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1003.57, F.S.; requiring notification to school districts

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by the Department of Children and Family Services and the

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Agency for Persons with Disabilities under certain

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circumstances; requiring a review of a student's

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individual educational plan; providing for a determination

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of responsibility for educational instruction; requiring

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the reporting of the student for funding purposes;

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providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Subsection (3) is added to section 1003.57,

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Florida Statutes, to read:

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     1003.57  Exceptional students instruction.--

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     (3)(a) Within 10 days after an exceptional student with a

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disability is placed in or referred to a private residential care

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facility by the Department of Children and Family Services or the

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Agency for Persons with Disabilities, the department or agency as

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appropriate, must provide notification of the placement or

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referral to the school district in which the private residential

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care facility is located. This subsection applies when the

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placement or referral is for the primary purpose of addressing

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residential or other noneducational needs and the placement or

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referral crosses school district lines.

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     (b) Within 10 days after receiving the notification, the

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school district in which the private residential care facility is

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located must review the student's individual educational plan to

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determine if the student may benefit from instruction provided by

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the school district or by a provider or facility under contract

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with the school district. The school district shall provide

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educational instruction to the student, contract with another

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provider or facility to provide the educational instruction,

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contract with the private residential care facility in which the

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student resides to provide the educational instruction, or

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decline to provide or contract for educational instruction. If

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the school district declines to provide or contract for the

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educational instruction, the school district in which the student

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was enrolled prior to the placement in or referral to the private

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residential care facility shall provide or contract for the

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educational instruction to the student. The school district that

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provides educational instruction or contracts to provide

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educational instruction shall report the student for funding

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purposes under s. 1011.62.

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     Section 2.  This act shall take effect July 1, 2008.

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

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