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Senate Bill 1330

Senate Bill sb1330c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                           CS for SB 1330

    By the Committee on Education; and Senator Lynn





    304-1993-04

  1                      A bill to be entitled

  2         An act relating to instruction for exceptional

  3         students; amending s. 1003.57, F.S.; providing

  4         guidelines for determining the residency for a

  5         student who receives instruction as an

  6         exceptional student; requiring the student's

  7         state of residence to pay the cost of such

  8         instruction, facilities, and services;

  9         providing responsibilities of the Department of

10         Education; providing responsibilities of

11         residential facilities that educate exceptional

12         students; providing applicability; amending s.

13         1003.58, F.S.; correcting a cross-reference;

14         providing an effective date.

15  

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

17  

18         Section 1.  Section 1003.57, Florida Statutes, is

19  amended to read:

20         1003.57  Exceptional students instruction.--

21         (1)  Each district school board shall provide for an

22  appropriate program of special instruction, facilities, and

23  services for exceptional students as prescribed by the State

24  Board of Education as acceptable, including provisions that:

25         (a)(1)  The district school board provide the necessary

26  professional services for diagnosis and evaluation of

27  exceptional students.

28         (b)(2)  The district school board provide the special

29  instruction, classes, and services, either within the district

30  school system, in cooperation with other district school

31  systems, or through contractual arrangements with approved

                                  1

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    Florida Senate - 2004                           CS for SB 1330
    304-1993-04




 1  private schools or community facilities that meet standards

 2  established by the commissioner.

 3         (c)(3)  The district school board annually provide

 4  information describing the Florida School for the Deaf and the

 5  Blind and all other programs and methods of instruction

 6  available to the parent of a sensory-impaired student.

 7         (d)(4)  The district school board, once every 3 years,

 8  submit to the department its proposed procedures for the

 9  provision of special instruction and services for exceptional

10  students.

11         (e)(5)  No student be given special instruction or

12  services as an exceptional student until after he or she has

13  been properly evaluated, classified, and placed in the manner

14  prescribed by rules of the State Board of Education. The

15  parent of an exceptional student evaluated and placed or

16  denied placement in a program of special education shall be

17  notified of each such evaluation and placement or denial. Such

18  notice shall contain a statement informing the parent that he

19  or she is entitled to a due process hearing on the

20  identification, evaluation, and placement, or lack thereof.

21  Such hearings shall be exempt from the provisions of ss.

22  120.569, 120.57, and 286.011, except to the extent that the

23  State Board of Education adopts rules establishing other

24  procedures and any records created as a result of such

25  hearings shall be confidential and exempt from the provisions

26  of s. 119.07(1). The hearing must be conducted by an

27  administrative law judge from the Division of Administrative

28  Hearings of the Department of Management Services. The

29  decision of the administrative law judge shall be final,

30  except that any party aggrieved by the finding and decision

31  rendered by the administrative law judge shall have the right

                                  2

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    Florida Senate - 2004                           CS for SB 1330
    304-1993-04




 1  to bring a civil action in the circuit court. In such an

 2  action, the court shall receive the records of the

 3  administrative hearing and shall hear additional evidence at

 4  the request of either party. In the alternative, any party

 5  aggrieved by the finding and decision rendered by the

 6  administrative law judge shall have the right to request an

 7  impartial review of the administrative law judge's order by

 8  the district court of appeal as provided by s. 120.68.

 9  Notwithstanding any law to the contrary, during the pendency

10  of any proceeding conducted pursuant to this section, unless

11  the district school board and the parents otherwise agree, the

12  student shall remain in his or her then-current educational

13  assignment or, if applying for initial admission to a public

14  school, shall be assigned, with the consent of the parents, in

15  the public school program until all such proceedings have been

16  completed.

17         (f)(6)  In providing for the education of exceptional

18  students, the district school superintendent, principals, and

19  teachers shall utilize the regular school facilities and adapt

20  them to the needs of exceptional students to the maximum

21  extent appropriate. Segregation of exceptional students shall

22  occur only if the nature or severity of the exceptionality is

23  such that education in regular classes with the use of

24  supplementary aids and services cannot be achieved

25  satisfactorily.

26         (g)(7)  In addition to the services agreed to in a

27  student's individual education plan, the district school

28  superintendent shall fully inform the parent of a student

29  having a physical or developmental disability of all available

30  services that are appropriate for the student's disability.

31  

                                  3

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    Florida Senate - 2004                           CS for SB 1330
    304-1993-04




 1  The superintendent shall provide the student's parent with a

 2  summary of the student's rights.

 3         (2)(a)  A student who receives special instruction,

 4  facilities, or services as an exceptional student is

 5  considered a resident of the state in which the student's

 6  parent or guardian is a resident. Such a student's state of

 7  residence must pay the cost of such instruction, facilities,

 8  and services for a nonresident student who receives

 9  instruction in this state as an exceptional student.

10         (b)  The Department of Education shall provide to each

11  school district a statement of the specific limitations of the

12  district's financial obligation for exceptional students under

13  federal and state law. The department shall also provide to

14  each school district technical assistance as necessary for

15  developing a local plan to impose on a student's home state

16  the fiscal responsibility for educating a nonresident

17  exceptional student.

18         (c)  The Department of Education shall develop a

19  process by which a school district must review the residency

20  of each exceptional student who lives in a residential

21  facility in this state prior to providing services. The

22  residential facility, not the district, is responsible for

23  billing and collecting from a nonresidential student's home

24  state payment for the student's educational and related

25  services.

26         (d)  This subsection applies to any nonresident student

27  who receives instruction as an exceptional student in any type

28  of educational facility in this state, including, but not

29  limited to, a public school, a private school, a group home

30  facility as defined in s. 393.063(24), an intensive

31  residential treatment program for children and adolescents as

                                  4

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    Florida Senate - 2004                           CS for SB 1330
    304-1993-04




 1  defined in s. 395.002(16), a facility as defined in s.

 2  394.455(10), an intermediate care facility for the

 3  developmentally disabled or ICF/DD as defined in s.

 4  393.063(28) or s. 400.960(12), or a community residential home

 5  as defined in s. 419.001(1)(a).

 6         Section 2.  Subsection (3) of section 1003.58, Florida

 7  Statutes, is amended to read:

 8         1003.58  Students in residential care facilities.--Each

 9  district school board shall provide educational programs

10  according to rules of the State Board of Education to students

11  who reside in residential care facilities operated by the

12  Department of Children and Family Services.

13         (3)  The district school board shall have full and

14  complete authority in the matter of the assignment and

15  placement of such students in educational programs. The parent

16  of an exceptional student shall have the same due process

17  rights as are provided under s. 1003.57(1)(e) s. 1003.57(5).

18         Section 3.  This act shall take effect July 1, 2004.

19  

20          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
21                             SB 1330

22                                 

23         Under the committee substitute, the new provisions in
    s. 1003.57,F.S., apply to any nonresident student who receives
24  instruction as an exceptional student in any type of
    educational facility in Florida, including, but not limited to
25  the following:
            -a public school;
26          -a private school;
            -a group home facility, as defined in s.
27  393.063(24),F.S.;
            -an intensive residential treatment program for
28  children and adolescents, as defined s. 395.002(16),F.S.;
            -a facility, as defined in s. 394.455(10),F.S.;
29          -an intermediate care facility for the developmentally
    disabled, as defined in ss. 393.063(28) and 400.960(12),F.S.;
30  or
            -a community residential home, as defined in s.
31  419.001(1)(a),F.S.

                                  5

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