Bill Text: FL S1108 | 2013 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Exceptional Student Education
Spectrum: Slight Partisan Bill (Republican 25-14-1)
Status: (Passed) 2013-07-01 - Chapter No. 2013-236 [S1108 Detail]
Download: Florida-2013-S1108-Introduced.html
Bill Title: Exceptional Student Education
Spectrum: Slight Partisan Bill (Republican 25-14-1)
Status: (Passed) 2013-07-01 - Chapter No. 2013-236 [S1108 Detail]
Download: Florida-2013-S1108-Introduced.html
Florida Senate - 2013 SB 1108 By Senators Gardiner and Thrasher 13-00309A-13 20131108__ 1 A bill to be entitled 2 An act relating to exceptional student education; 3 amending s. 1002.20, F.S.; prohibiting certain actions 4 with respect to parent meetings with school district 5 personnel; providing requirements for meetings 6 relating to exceptional student education and related 7 services; amending s. 1002.33, F.S.; providing 8 requirements for the reimbursement of federal funds to 9 charter schools; amending s. 1002.41, F.S.; requiring 10 a school district to provide exceptional student 11 education-related services to certain home education 12 program students; requiring reporting and funding 13 through the Florida Education Finance Program; 14 amending s. 1003.57, F.S.; requiring a school district 15 to use specified terms to describe the instructional 16 setting for certain exceptional students; defining the 17 term “inclusion” for purposes of exceptional student 18 instruction; providing for determination of 19 eligibility as an exceptional student; requiring 20 certain assessments to facilitate inclusive 21 educational practices for exceptional students; 22 creating s. 1003.5715, F.S.; requiring the use of 23 parental consent forms for specified actions in a 24 student’s individual education plan; providing 25 requirements for the consent forms; providing 26 requirements for changes in a student’s individual 27 education plan; requiring the State Board of Education 28 to adopt rules; creating s. 1003.572, F.S.; defining 29 the term “private instructional personnel”; 30 encouraging the collaboration of public and private 31 instructional personnel and providing requirements 32 therefor; amending s. 1003.58, F.S.; conforming a 33 cross-reference; creating s. 1008.3415, F.S.; 34 requiring an exceptional student education center to 35 choose to receive a school grade or school improvement 36 rating; excluding student assessment data from the 37 calculation of a home school’s grade under certain 38 circumstances; requiring the State Board of Education 39 to adopt rules; amending s. 1012.585, F.S.; providing 40 requirements for renewal of a professional certificate 41 relating to teaching students with disabilities; 42 authorizing the State Board of Education to adopt 43 rules; providing an effective date. 44 45 Be It Enacted by the Legislature of the State of Florida: 46 47 Section 1. Paragraph (a) of subsection (21) of section 48 1002.20, Florida Statutes, is amended to read: 49 1002.20 K-12 student and parent rights.—Parents of public 50 school students must receive accurate and timely information 51 regarding their child’s academic progress and must be informed 52 of ways they can help their child to succeed in school. K-12 53 students and their parents are afforded numerous statutory 54 rights including, but not limited to, the following: 55 (21) PARENTAL INPUT AND MEETINGS.— 56 (a) Meetings with school district personnel.—Parents of 57 public school students may be accompanied by another adult of 58 their choice at any meeting with school district personnel. 59 School district personnel may not object to the attendance of 60 such adult or discourage or attempt to discourage, through any 61 action, statement, or other means, parents from inviting another 62 person of their choice to attend any meeting. Such prohibited 63 actions include, but are not limited to, attempted or actual 64 coercion or harassment of parents or students or retaliation or 65 threats of consequences to parents or students. 66 1. Such meetings include, but not are not limited to, 67 meetings related to: the eligibility for exceptional student 68 education or related services; the development of an individual 69 family support plan (IFSP); the development of an individual 70 education plan (IEP); the development of a 504 accommodation 71 plan issued under s. 504 of the Rehabilitation Act of 1973; the 72 transition of a student from early intervention services to 73 other services; the development of postsecondary goals for a 74 student and the transition services needed to reach those goals; 75 and other issues that may affect a student’s educational 76 environment, discipline, or placement. 77 2. The parents and school district personnel attending the 78 meeting shall sign a document at the meeting’s conclusion which 79 states whether any school district personnel have prohibited, 80 discouraged, or attempted to discourage the parents from 81 inviting a person of their choice to the meeting. 82 Section 2. Paragraph (c) of subsection (17) of section 83 1002.33, Florida Statutes, is amended to read: 84 1002.33 Charter schools.— 85 (17) FUNDING.—Students enrolled in a charter school, 86 regardless of the sponsorship, shall be funded as if they are in 87 a basic program or a special program, the same as students 88 enrolled in other public schools in the school district. Funding 89 for a charter lab school shall be as provided in s. 1002.32. 90 (c) If the district school board is providing programs or 91 services to students funded by federal funds, any eligible 92 students enrolled in charter schools in the school district 93 shall be provided federal funds for the same level of service 94 provided students in the schools operated by the district school 95 board. Pursuant to provisions of 20 U.S.C. 8061 s. 10306, all 96 charter schools shall receive all federal funding for which the 97 school is otherwise eligible, including Title I funding, not 98 later than 5 months after the charter school first opens and 99 within 5 months after any subsequent expansion of enrollment. 100 Unless otherwise mutually agreed to by the charter school and 101 its sponsor, and consistent with state and federal rules and 102 regulations governing the use and disbursement of federal funds, 103 the sponsor shall reimburse the charter school on a monthly 104 basis for all invoices submitted by the charter school for 105 federal funds available to the sponsor for the benefit of the 106 charter school, the charter school’s students, and the charter 107 school’s students as public school students in the school 108 district. Such federal funds include, but are not limited to, 109 Title I, Title II, and Individuals with Disabilities Education 110 Act (IDEA) funds. To receive timely reimbursement for an 111 invoice, the charter school must submit the invoice to the 112 sponsor at least 30 days before the monthly date of 113 reimbursement set by the sponsor. In order to be reimbursed, any 114 expenditures made by the charter school must comply with all 115 applicable state rules and federal regulations, including, but 116 not limited to, the applicable federal Office of Management and 117 Budget Circulars, the federal Education Department General 118 Administrative Regulations, and program-specific statutes, 119 rules, and regulations. Such funds may not be made available to 120 the charter school until a plan is submitted to the sponsor for 121 approval of the use of the funds in accordance with applicable 122 federal requirements. The sponsor has 30 days to review and 123 approve any plan submitted pursuant to this paragraph. 124 Section 3. Subsection (10) is added to section 1002.41, 125 Florida Statutes, to read: 126 1002.41 Home education programs.— 127 (10) A school district shall provide exceptional student 128 education-related services, as defined in State Board of 129 Education rule, to a home education program student with a 130 disability who is eligible for the services and who enrolls in a 131 public school for the purpose of receiving those related 132 services. The school district providing the services shall 133 report each such student as a full-time equivalent student in a 134 manner prescribed by the Department of Education, and funding 135 shall be provided through the Florida Education Finance Program 136 pursuant to s. 1011.62. 137 Section 4. Subsection (1) of section 1003.57, Florida 138 Statutes, is amended to read: 139 1003.57 Exceptional students instruction.— 140 (1)(a) For purposes of providing exceptional student 141 instruction under this section: 142 1. A school district shall use the following terms to 143 describe the instructional setting for a student with a 144 disability, 6 through 21 years of age, who is not educated in a 145 setting accessible to all children who are together at all 146 times: 147 a. “Exceptional student education center” or “special day 148 school” means a separate public school to which nondisabled 149 peers do not have access. 150 b. “Other separate environment” means a separate private 151 school, residential facility, or hospital or homebound program. 152 c. “Regular class” means a class in which a student spends 153 80 percent or more of the school week with nondisabled peers. 154 d. “Resource room” means a classroom in which a student 155 spends between 40 percent to 80 percent of the school week with 156 nondisabled peers. 157 e. “Separate class” means a class in which a student spends 158 less than 40 percent of the school week with nondisabled peers. 159 2. A school district shall use the term “inclusion” to mean 160 that a student is receiving education in a general education 161 regular class setting, reflecting natural proportions and age 162 appropriate heterogeneous groups in core academic and elective 163 or special areas within the school community; a student with a 164 disability is a valued member of the classroom and school 165 community; the teachers and administrators support universal 166 education and have knowledge and support available to enable 167 them to effectively teach all children; and a student is 168 provided access to technical assistance in best practices, 169 instructional methods, and supports tailored to the student’s 170 needs based on current research. 171 (b) Each district school board shall provide for an 172 appropriate program of special instruction, facilities, and 173 services for exceptional students as prescribed by the State 174 Board of Education as acceptable, including provisions that: 175 1. The district school board provide the necessary 176 professional services for diagnosis and evaluation of 177 exceptional students. 178 2. The district school board provide the special 179 instruction, classes, and services, either within the district 180 school system, in cooperation with other district school 181 systems, or through contractual arrangements with approved 182 private schools or community facilities that meet standards 183 established by the commissioner. 184 3. The district school board annually provide information 185 describing the Florida School for the Deaf and the Blind and all 186 other programs and methods of instruction available to the 187 parent of a sensory-impaired student. 188 4. The district school board, once every 3 years, submit to 189 the department its proposed procedures for the provision of 190 special instruction and services for exceptional students. 191 (c)(b)A student may not be given special instruction or 192 services as an exceptional student until after he or she has 193 been properly evaluated and found eligible as an exceptional 194 student, classified, and placedin the manner prescribed by 195 rules of the State Board of Education. The parent of an 196 exceptional student evaluated and found eligible or ineligible 197placed or denied placement in a program of special education198 shall be notified of each such evaluation and determination 199placement or denial. Such notice shall contain a statement 200 informing the parent that he or she is entitled to a due process 201 hearing on the identification, evaluation, and eligibility 202 determinationplacement, or lack thereof. Such hearings are 203 exempt from ss. 120.569, 120.57, and 286.011, except to the 204 extent that the State Board of Education adopts rules 205 establishing other procedures. Any records created as a result 206 of such hearings are confidential and exempt from s. 119.07(1). 207 The hearing must be conducted by an administrative law judge 208 from the Division of Administrative Hearings pursuant to a 209 contract between the Department of Education and the Division of 210 Administrative Hearings. The decision of the administrative law 211 judge is final, except that any party aggrieved by the finding 212 and decision rendered by the administrative law judge has the 213 right to bring a civil action in the state circuit court. In 214 such an action, the court shall receive the records of the 215 administrative hearing and shall hear additional evidence at the 216 request of either party. In the alternative, in hearings 217 conducted on behalf of a student who is identified as gifted, 218 any party aggrieved by the finding and decision rendered by the 219 administrative law judge has the right to request a review of 220 the administrative law judge’s order by the district court of 221 appeal as provided in s. 120.68. 222 (d)(c)Notwithstanding any law to the contrary, during the 223 pendency of any proceeding conducted pursuant to this section, 224 unless the district school board and the parents otherwise 225 agree, the student shall remain in his or her then-current 226 educational assignment or, if applying for initial admission to 227 a public school, shall be assigned, with the consent of the 228 parents, in the public school program until all such proceedings 229 have been completed. 230 (e)(d)In providing for the education of exceptional 231 students, the district school superintendent, principals, and 232 teachers shall utilize the regular school facilities and adapt 233 them to the needs of exceptional students to the maximum extent 234 appropriate. To the extent appropriate, students with 235 disabilities, including those students in public or private 236 institutions or other facilities, shall be educated with 237 students who are not disabled. Segregation of exceptional 238 students shall occur only if the nature or severity of the 239 exceptionality is such that education in regular classes with 240 the use of supplementary aids and services cannot be achieved 241 satisfactorily. 242 (f) Once every 3 years, each school district and school 243 shall complete a Best Practices in Inclusive Education (BPIE) 244 assessment with a Florida Inclusion Network facilitator and 245 include the results of the BPIE assessment and all planned 246 short-term and long-term improvement efforts in the school 247 district’s exceptional student education policies and 248 procedures. BPIE is an internal assessment process designed to 249 facilitate the analysis, implementation, and improvement of 250 inclusive educational practices at the district and school team 251 levels. 252 (g)(e)In addition to the services agreed to in a student’s 253 individual educational plan, the district school superintendent 254 shall fully inform the parent of a student having a physical or 255 developmental disability of all available services that are 256 appropriate for the student’s disability. The superintendent 257 shall provide the student’s parent with a summary of the 258 student’s rights. 259 (h)(f)School personnel may consider any unique 260 circumstances on a case-by-case basis when determining whether a 261 change in placement is appropriate for a student who has a 262 disability and violates a district school board’s code of 263 student conduct. School personnel may remove and place such 264 student in an interim alternative educational setting for not 265 more than 45 school days, without regard to whether the behavior 266 is determined to be a manifestation of the student’s disability, 267 if the student: 268 1. Carries a weapon to or possesses a weapon at school, on 269 school premises, or at a school function under the jurisdiction 270 of the school district; 271 2. Knowingly possesses or uses illegal drugs, or sells or 272 solicits the sale of a controlled substance, while at school, on 273 school premises, or at a school function under the jurisdiction 274 of the school district; or 275 3. Has inflicted serious bodily injury upon another person 276 while at school, on school premises, or at a school function 277 under the jurisdiction of the school district. 278 (i)(g)For purposes of paragraph (h)(f), the term: 279 1. “Controlled substance” means a drug or other substance 280 identified under Schedule I, Schedule II, Schedule III, Schedule 281 IV, or Schedule V of the Controlled Substances Act, 21 U.S.C. s. 282 812(c) and s. 893.02(4). 283 2. “Weapon” means a device, instrument, material, or 284 substance, animate or inanimate, which is used for, or is 285 readily capable of, causing death or serious bodily injury; 286 however, this definition does not include a pocketknife having a 287 blade that is less than 2 1/2 inches in length. 288 Section 5. Section 1003.5715, Florida Statutes, is created 289 to read: 290 1003.5715 Parental consent; individual education plan.— 291 (1) The Department of Education shall adopt separate 292 parental consent forms that school districts must use for each 293 of the following actions in a student’s individual education 294 plan (IEP): 295 (a) Administer to the student an alternate assessment 296 pursuant to s. 1008.22 and provide instruction in the state 297 standards access points curriculum. 298 (b) Place the student in an exceptional student education 299 center. 300 (2) In accordance with 34 C.F.R. s. 300.503, each form 301 shall be provided to the parent in the parent’s native language, 302 as defined in 34 C.F.R. s. 300.29, and include the following: 303 (a) A statement that the parent is a participant of the 304 individual education plan team (IEP Team) and has the right to 305 consent or refuse consent to the actions described in subsection 306 (1). The statement shall include information that the refusal of 307 parental consent means that the school district may not proceed 308 with the actions described in subsection (1) without a school 309 district due process hearing in accordance with 34 C.F.R. ss. 310 300.507 and 300.508. 311 (b) A “does consent” box and a signature line. 312 (c) A “does not consent” box and a signature line. 313 (d) An informational statement of the benefits and 314 consequences of giving parental consent to the actions described 315 in subsection (1). 316 (3) A school district may not proceed with the actions 317 described in subsection (1) without parental consent unless the 318 school district documents reasonable efforts to obtain the 319 parent’s consent and the child’s parent has failed to respond or 320 the school district obtains approval through a due process 321 hearing in accordance with 34 C.F.R. ss. 300.507 and 300.508 and 322 resolution of appeals. 323 (4) Except for a change in placement described in s. 324 1003.57(1)(h), if a school district determines that there is a 325 need to change an exceptional student’s IEP as it relates to 326 actions described in subsection (1), the school must hold an IEP 327 Team meeting that includes the parent to discuss the reason for 328 the change. The school shall provide written notice of the 329 meeting to the parent at least 10 days before the meeting, 330 indicating the purpose, time, and location of the meeting and 331 who, by title or position, will attend the meeting. The IEP Team 332 meeting requirement may be waived by informed consent of the 333 parent after the parent receives the written notice. 334 (5) For a change in actions described in subsection (1) in 335 a student’s IEP, the school district may not implement the 336 change without parental consent unless the school district 337 documents reasonable efforts to obtain the parent’s consent and 338 the child’s parent has failed to respond or the school district 339 obtains approval through a due process hearing in accordance 340 with 34 C.F.R. ss. 300.507 and 300.508 and resolution of 341 appeals. 342 (6) Pursuant to 34 C.F.R. s. 300.518, during the pendency 343 of a due process hearing or appellate proceeding regarding a due 344 process complaint, the student shall remain in his or her 345 current educational assignment while awaiting the decision of 346 any impartial due process hearing or court proceeding, unless 347 the parent and the district school board otherwise agree. 348 (7) This section does not abrogate any parental right 349 identified in the Individuals with Disabilities Education Act 350 (IDEA) and its implementing regulations. 351 (8) The State Board of Education shall adopt rules pursuant 352 to ss. 120.536(1) and 120.54 to implement this section, 353 including, but not limited to, developing parental consent 354 forms. 355 Section 6. Section 1003.572, Florida Statutes, is created 356 to read: 357 1003.572 Collaboration of public and private instructional 358 personnel.— 359 (1) As used in this section, the term “private 360 instructional personnel” means: 361 (a) Individuals certified under s. 393.17 or licensed under 362 chapter 490 or chapter 491 for applied behavior analysis 363 services as defined in ss. 627.6686 and 641.31098. 364 (b) Speech-language pathologists licensed under s. 365 468.1185. 366 (c) Occupational therapists licensed under part III of 367 chapter 468. 368 (d) Physical therapists licensed under chapter 486. 369 (e) Psychologists licensed under chapter 490. 370 (f) Clinical social workers licensed under chapter 491. 371 (2) The collaboration of public and private instructional 372 personnel shall be designed to enhance but not supplant the 373 school district’s responsibilities under the Individuals with 374 Disabilities Education Act (IDEA). The school as the local 375 education agency shall provide therapy services to meet the 376 expectations provided in federal law and regulations and state 377 statutes and rules. Collaboration of public and private 378 instructional personnel will work to promote educational 379 progress and assist students in acquiring essential skills, 380 including, but not limited to, readiness for pursuit of higher 381 education goals or employment. Where applicable, public and 382 private instructional personnel shall undertake collaborative 383 programming. Coordination of services and plans between a public 384 school and private instructional personnel is encouraged to 385 avoid duplication or conflicting services or plans. 386 (3) Private instructional personnel who are hired or 387 contracted by parents to collaborate with public instructional 388 personnel must be permitted to observe the student in the 389 educational setting, collaborate with instructional personnel in 390 the educational setting, and provide services in the educational 391 setting according to the following requirements: 392 (a) The student’s public instructional personnel and 393 principal consent to the time and place. 394 (b) The private instructional personnel satisfy the 395 requirements of s. 1012.32 or s. 1012.321. 396 (4) The provision of private instructional personnel by a 397 parent does not constitute a waiver of the student’s or parent’s 398 right to a free and appropriate public education under IDEA. 399 Section 7. Subsection (3) of section 1003.58, Florida 400 Statutes, is amended to read: 401 1003.58 Students in residential care facilities.—Each 402 district school board shall provide educational programs 403 according to rules of the State Board of Education to students 404 who reside in residential care facilities operated by the 405 Department of Children and Family Services or the Agency for 406 Persons with Disabilities. 407 (3) The district school board shall have full and complete 408 authority in the matter of the assignment and placement of such 409 students in educational programs. The parent of an exceptional 410 student shall have the same due process rights as are provided 411 under s. 1003.57(1)(c)1003.57(1)(b). 412 413 Notwithstanding the provisions herein, the educational program 414 at the Marianna Sunland Center in Jackson County shall be 415 operated by the Department of Education, either directly or 416 through grants or contractual agreements with other public or 417 duly accredited educational agencies approved by the Department 418 of Education. 419 Section 8. Section 1008.3415, Florida Statutes, is created 420 to read: 421 1008.3415 School grade or school improvement rating for 422 exceptional student education centers.— 423 (1) Each exceptional student education center shall choose 424 to receive a school grade pursuant to s. 1008.34 or a school 425 improvement rating pursuant to s. 1008.341. 426 (2) Notwithstanding s. 1008.34(3)(c)3., the achievement 427 scores and learning gains of a student with a disability who 428 attends an exceptional student education center and has not been 429 enrolled in or attended a public school other than an 430 exceptional student education center for grades K-12 within the 431 school district shall not be included in the calculation of the 432 home school’s grade if the student is identified as an emergent 433 student on the alternate assessment tool described in s. 434 1008.22(3)(c)13. 435 (3) The State Board of Education shall adopt rules under 436 ss. 120.536(1) and 120.54 to implement this section, including, 437 but not limited to, defining exceptional student education 438 centers. 439 Section 9. Paragraph (e) is added to subsection (3) of 440 section 1012.585, Florida Statutes, and subsection (6) is added 441 to that section, to read: 442 1012.585 Process for renewal of professional certificates.— 443 (3) For the renewal of a professional certificate, the 444 following requirements must be met: 445 (e) Beginning July 1, 2014, an applicant for renewal of a 446 professional certificate must earn a minimum of 1 college credit 447 or the equivalent inservice points in the area of instruction 448 for teaching students with disabilities. The requirement in this 449 paragraph may not add to the total hours required by the 450 department for continuing education or inservice training. 451 (6) The State Board of Education may adopt rules under ss. 452 120.536(1) and 120.54 to implement this section, including, but 453 not limited to, applicant renewal requirements. 454 Section 10. This act shall take effect July 1, 2013.