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

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

602-08337-08 2008318c2

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A bill to be entitled

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An act relating to exceptional students with a disability;

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amending s. 1003.57, F.S.; providing definitions;

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requiring the Department of Children and Family Services,

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the Agency for Health Care Administration, and residential

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facilities licensed by the Agency for Persons with

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Disabilities to notify a school district under certain

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circumstances; requiring the 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 school district to report the student for funding

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purposes; requiring the Department of Education, in

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consultation with specified agencies, to develop

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procedures for the placement of students in residential

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care facilities; requiring the State Board of Education

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and the Agency for Persons with Disabilities to adopt

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rules; requiring certain agencies to implement procedures;

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requiring a cooperative agreement; providing an exception;

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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.  Subsections (3) and (4) are added to section

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1003.57, Florida Statutes, to read:

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     1003.57  Exceptional students instruction.--

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     (3)(a) For purposes of this subsection and subsection (4):

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     1. "Agency" means the Department of Children and Family

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Services or its contracted lead agency, the Agency for Persons

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with Disabilities, and the Agency for Health Care Administration.

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     2. "Exceptional student" means an exceptional student, as

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defined in s. 1003.01, who has a disability.

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     3. "Receiving school district" means the district in which

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a private residential care facility is located.

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     4. "Placement" means the funding or arrangement of funding

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by an agency for all or a part of the cost for an exceptional

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student to reside in a private residential care facility and the

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placement crosses school district lines.

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     (b) Within 10 business days after an exceptional student is

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placed in a private residential care facility by an agency, the

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agency or private residential care facility licensed by the

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agency, as appropriate, shall provide written notification of the

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placement to the school district, where the student is currently

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counted for funding purposes under s. 1011.62, and the receiving

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school district. This paragraph applies when the placement is for

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the primary purpose of addressing residential or other

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noneducational needs and the placement crosses school district

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lines.

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     (c) Within 10 business days after receiving the

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notification, the school district must review the student's

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individual educational plan (IEP) to determine if the student's

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IEP can be implemented by the school district or by a provider or

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facility under contract with the school district. The school

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district shall:

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     1. Provide educational instruction to the student;

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     2. Contract with another provider or facility to provide

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the educational instruction;

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     3. Contract with the private residential care facility in

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which the student resides to provide the educational instruction;

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or

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     4. Decline to provide or contract for educational

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instruction.

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If the school district declines to provide or contract for the

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educational instruction, the school district that is located

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within the legal residence of the student shall provide or

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contract for the educational instruction to the student. The

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school district that provides educational instruction or

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contracts to provide educational instruction shall report the

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student for funding purposes pursuant s. 1011.62.

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     (d)1. The Department of Education, in consultation with the

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agencies and school districts, shall develop procedures for

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written notification to school districts regarding the placement

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of an exceptional student in a residential care facility. The

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procedures must:

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     a. Provide for written notification of a placement that

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crosses school district lines; and

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     b. Identify the entity responsible for the notification for

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each facility that is operated, licensed, or regulated by an

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agency.

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     2. The State Board of Education shall adopt the procedures

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by rule pursuant to ss. 120.536(1) and 120.54 and the agencies

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shall implement the procedures. The Agency for Persons with

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Disabilities shall adopt rules pursuant to ss. 120.536(1) and

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120.54 which require a residential care facility that is licensed

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by the Agency for Persons with Disabilities to notify school

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districts when an exceptional student is placed in the

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residential care facility.

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The requirements of paragraphs (c) and (d) do not apply to

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written agreements among school districts which specify each

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school district's responsibility for providing and paying for

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educational services to an exceptional student in a residential

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care facility. However, each agreement must require a school

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district to review the student's IEP within 10 business days

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after receiving the notification required under paragraph (b).

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     (4) The Department of Education and agencies shall enter

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into an agreement for interagency coordination which incorporates

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the elements set forth in 34 C.F.R. s. 300.154.

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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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