Contractual Arrangements With Nonpublic Schools

DEPARTMENT OF EDUCATION
State Board of Education

Rule No. : RULE TITLE :
6A-6.0361: Contractual Arrangements With Nonpublic Schools

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 37 No. 2, January 14, 2011 issue of the Florida Administrative Weekly.

Paragraphs (2)(a), (c), (e), (f), (4)(j), and (7)(b), (c) and subsection (3) are amended to read:

6A-6.0361 Contractual Agreements Arrangements With Nonpublic Schools and Residential Facilities.

(2) Placement in a residential facility of a student with a disability by a public agency other than the school district.

(a) In accordance with subsection (3) of Section 1003.57, Florida Statutes, an exceptional student with a disability may be placed in a private residential care facility by the Department of Children and Families, Agency for Persons with Disabilities, or Agency for Health Care Administration. For the purposes of this subsection, “placement” means the funding or arrangement of funding by an agency for all or a part of the cost for an exceptional student with a disability to reside in a private residential care facility and the placement crosses school district lines.

(c) Within ten business days after receiving the notification, the receiving school district must review the student’s IEP to determine if it can be implemented by the receiving school district or by a provider or facility under contract with the receiving school district, and notify the residential facility in writing of its decision to:

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 has been placed to provide the educational instruction; or

4. Decline to provide or contract for educational instruction.

(d) If the receiving school district declines to provide or contract for the educational instruction, the school district of legal residence of the student shall provide or contract for the educational instruction to the student.

(e) The school district that provides the educational instruction shall report the student for funding purposes pursuant to Section 1011.62, Florida Statutes.

(c)(f) In accordance with subsection (3) of Rule 6A-6.0334, F.A.C., the sending school district shall take reasonable steps to promptly respond to the residential facility’s request for transmittal of the student’s educational records. If the student’s placement in the residential care facility occurs while the notification and procedures regarding payment are pending, the student shall remain enrolled in the sending school district and the sending school district shall collaborate with the residential care facility to ensure that the student receives a free and appropriate public education, special education, and related services, including services comparable to those in the described in the current IEP, until the notification and procedures regarding payment are completed.

(3) Each school district is responsible for assuring the proposed program at the nonpublic school or community facility is are appropriate to meet the educational needs of the exceptional student with a disability, or early intervention needs of the infant or toddler with a disability, placed through a contractual agreement. This subsection shall not be construed to limit the responsibility of agencies in the state other than the district school boards from providing or paying some or all of the cost of a free appropriate public education or early intervention services to be provided children with disabilities ages birth through twenty-one (21) years old.

(4)(j) The school district has determined that the nonpublic school or community facility is in compliance with the United States Department of Education Office for Civil Rights requirements with respect to nondiscrimination on matters related to race, color, national origin under Title VI of the Civil Rights Act of 1964; disability under Title II of the Americans with Disabilities Act of 1990 and its implementing regulations, 28 C.F.R. Part 35, and Section 504 of the Rehabilitation Act of 1973 and its implementing regulations, 34 C.F.R. Part 104; sex under Title IX of the Education Amendments of 1972; age under the Age Discrimination Act of 1975, or fair access to facilities under the Boy Scouts of America Equal Access Act (Section 9525 of the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001).

(7)(b) The student is regularly attending the program, and the length of the school day and minimum number of days are in compliance with Rule 6A-1.045111, F.A.C. Florida Statutes.

(c) The student is appropriately identified as an exceptional student with a disability by the school district, or the infant or toddler has been determined eligible as an infant or toddler with a disability by the Part C Early Steps Program, as required by Sections 1003.01(3)(a) and 1003.57(1)(b), Florida Statutes, and Rules 6A-6.03011 through 6A-6.03411, F.A.C., but does not include students who are gifted as defined under Rules 6A-6.03019 and 6A-6.030191, F.A.C. law, State Board Rules, and criteria and procedures adopted by the school district.

Rulemaking Authority 1001.02, 1001.42 FS. Law Implemented 1001.42, 1003.57(3), 1003.571, 1003.58, 1011.62 FS. History–New 6-17-74, Repromulgated 12-5-74, Amended 3-28-78, 8-8-78, 7-13-83, Formerly 6A-6.361, Amended 2-18-93,________.