An act relating to exceptional students with a disability;
amending s. 1003.57, F.S.; providing definitions;
requiring the Department of Children and Family Services,
the Agency for Health Care Administration, and residential
facilities licensed by the Agency for Persons with
Disabilities to notify a school district under certain
circumstances; requiring the review of a student's
individual educational plan; providing for a determination
of responsibility for educational instruction; requiring
the school district to report the student for funding
purposes; requiring the Department of Education, in
consultation with specified agencies, to develop
procedures for the placement of students in residential
care facilities; requiring the State Board of Education
and the Agency for Persons with Disabilities to adopt
rules; requiring certain agencies to implement procedures;
requiring a cooperative agreement; providing an exception;
providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Subsections (3) and (4) are added to section
1003.57, Florida Statutes, to read:
1003.57 Exceptional students instruction.--
(3)(a) For purposes of this subsection and subsection (4):
1. "Agency" means the Department of Children and Family
Services or its contracted lead agency, the Agency for Persons
with Disabilities, and the Agency for Health Care Administration.
2. "Exceptional student" means an exceptional student, as
defined in s. 1003.01, who has a disability.
3. "Receiving school district" means the district in which
a private residential care facility is located.
4. "Placement" means the funding or arrangement of funding
by an agency for all or a part of the cost for an exceptional
student to reside in a private residential care facility and the
placement crosses school district lines.
(b) Within 10 business days after an exceptional student is
placed in a private residential care facility by an agency, the
agency or private residential care facility licensed by the
agency, as appropriate, shall provide written notification of the
placement to the school district, where the student is currently
counted for funding purposes under s. 1011.62, and the receiving
school district. This paragraph applies when the placement is for
the primary purpose of addressing residential or other
noneducational needs and the placement crosses school district
(c) Within 10 business days after receiving the
notification, the school district must review the student's
individual educational plan (IEP) to determine if the student's
IEP can be implemented by the school district or by a provider or
facility under contract with the school district. The school
1. Provide educational instruction to the student;
2. Contract with another provider or facility to provide
the educational instruction;
3. Contract with the private residential care facility in
which the student resides to provide the educational instruction;
4. Decline to provide or contract for educational
If the school district declines to provide or contract for the
educational instruction, the school district that is located
within the legal residence of the student shall provide or
contract for the educational instruction to the student. The
school district that provides educational instruction or
contracts to provide educational instruction shall report the
student for funding purposes pursuant s. 1011.62.
(d)1. The Department of Education, in consultation with the
agencies and school districts, shall develop procedures for
written notification to school districts regarding the placement
of an exceptional student in a residential care facility. The
a. Provide for written notification of a placement that
crosses school district lines; and
b. Identify the entity responsible for the notification for
each facility that is operated, licensed, or regulated by an
2. The State Board of Education shall adopt the procedures
shall implement the procedures.
3. A residential care facility that is licensed by the
Agency for Persons with Disabilities shall provide written
notification to school districts when an exceptional student is
placed in the residential care facility.
The requirements of paragraphs (c) and (d) do not apply to
written agreements among school districts which specify each
school district's responsibility for providing and paying for
educational services to an exceptional student in a residential
care facility. However, each agreement must require a school
district to review the student's IEP within 10 business days
after receiving the notification required under paragraph (b).
(4) The Department of Education and agencies shall enter
into an agreement for interagency coordination which incorporates
the elements set forth in 34 C.F.R. s. 300.154.
Section 2. This act shall take effect July 1, 2008.