Document Citation: 6A-6.0361, F.A.C.

Header:
FLORIDA ADMINISTRATIVE CODE
TITLE 06 DEPARTMENT OF EDUCATION
6A STATE BOARD OF EDUCATION
CHAPTER 6A-6 SPECIAL PROGRAMS I

Date:
08/31/2009

Document:

6A-6.0361 Contractual Arrangements With Nonpublic Schools.

(1) Each district school board shall provide special educational programs through contractual arrangements with approved nonpublic schools or community facilities when the board has determined that no special educational program offered by it, a cooperating district school board, or a state agency can adequately provide the educational program for the student.

(2) Each school district may provide special educational programs with approved nonpublic schools or community facilities through contractual arrangements under the following circumstances:

(a) For the provision of a non-residential interagency program for an exceptional student(s) which includes the provision of educational programming in accordance with the individual educational plan (IEP) developed for each student(s) placed in the program, or

(b) For the provision of the educational component of a residential placement for an exceptional student(s) when such a placement is made by another public agency for the primary purpose of addressing residential or other non-educational needs. The student's IEP shall reflect that the placement is not required in order for the student to benefit from special education which could otherwise be provided by the district during the day.

(3) Each district school board is responsible for assuring the proposed programs at the nonpublic school or community facility are appropriate to meet the educational needs of a student(s) placed through contractual agreements. This subsection shall not be construed to limit the responsibility of agencies other than the district school boards in the state from providing or paying some or all of the cost of a free appropriate public education to be provided handicapped children.

(4) Before a contract with a nonpublic school or community facility is executed by the district school board, the Department of Education shall assist the district school board in determining that the school or community facility meets the following criteria for the specific program provided to the student or group of students through the contract.

(a) The school or facility program is staffed by qualified personnel as defined in Rule 6A-1.0503 and paragraph 6A-4.002(1)(b), F.A.C., or appropriate licensing entities. Personnel in an out-of-state school or facility shall be certified or licensed in accordance with the standards established by the state in which the school or facility is located.

(b) For the appointment of persons as noncertificated instructional personnel, the governing body of the nonpublic school or community facility may adopt the policies required in Rule 6A-1.0502, F.A.C.

(c) The school's or facility's instructional school day and year shall be consistent with Sections 1011.61, Florida Statutes, taking into account the number of school hours or school days provided the student by the district.

(d) The school or facility maintains current sanitation and health certificates and fire inspections for each appropriate building and will be open for inspection by appropriate authorities.

(e) The school or facility fully complies with the district's procedures to protect the confidentiality of student records and information and assures it will provide the parent, or the student if beyond age eighteen (18), the right of access, copies, amendments and hearings as specified in Rule 6A-1.0955, F.A.C.

(f) The school or facility will designate a staff member to be responsible for the administration of the provisions of the contract and for the supervision of the educational program provided to each student under the contract.

(g) The school or facility has written procedures for admission, dismissal and separation of students.

(h) The school or facility has written philosophy, curriculum and methodology for each special program to be provided to each student placed under a contract.

(i) The school or facility has a written description of the support services that are available and will be provided to each student placed under a contract in accordance with each students' IEP.

(j) The school or facility has written policies concerning: care of the student in emergencies; clinical and administrative records; personnel policies; staff duties; fee schedules; food services; and insurance coverage.

(k) The school district has determined that the school or facility is in compliance with the Office for Civil Rights requirements with respect to nondiscrimination on matters related to race, sex, handicap or age.

(l) The school or facility has filed with the Department of Education reports as prescribed in Section 1002.42, Florida Statutes.

(m) For contractual agreements with facilities which are licensed or verified by the Department of Health and Rehabilitative Services, the requirements of paragraphs (4)(d), (j) and (k) of this rule may be waived.

(5) Contents of contract. A contract between a district school board and a nonpublic school or community facility to provide educational programs for an exceptional student shall not extend beyond the school fiscal year and shall include at least the following:

(a) Written assurance that the nonpublic school or community facility is staffed by qualified personnel as defined by Rule 6A-1.0503 and paragraph 6A-4.002(1)(b), F.A.C., or by an appropriate and identified licensing entity.

(b) A description of the educational program to be provided, the educational objectives to be met, and how they relate to the student's IEP.

(c) Provision for at least quarterly reports to appropriate school district personnel on the student's progress in meeting educational goals, and a summary evaluation prior to renewal of the contract.

(d) Provision for appropriate district personnel to review the program provided by the school or facility and to confer with the staff of the school or facility at reasonable times.

(e) Provision for reporting to appropriate school district personnel any non-attendance of the student.

(f) The method of determining charges and sharing costs with other agencies for the placements under the contract, including the projected total cost to the district.

(g) Identification of financial responsibility.

(h) Method of resolving interagency disputes. These may be initiated by district school boards to secure reimbursement from other agencies.

(i) A schedule for review of the program being provided the student through the contract.

(j) Provision for terminating the contract.

(k) Written assurance that the school or facility is in compliance with applicable provisions of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1974, and section 504 of the Rehabilitation Act of 1973.

(6) When contracting with a nonpublic school or community facility, the school district shall be responsible for at least the following:

(a) Selecting an appropriate school or facility in consultation with the parent and other appropriate agency personnel.

(b) Providing for transportation.

(c) Maintaining a case file including progress reports and periodic evaluations of the student.

(d) Verifying that the student is a resident of the school district and is enrolled in, or has made application for admittance to, a district school educational program.

(e) Providing for the cost of the student's educational program as specified in the contract.

(f) Maintaining documentation of the qualifications of personnel in nonpublic schools or facilities as required in this rule or by the appropriate licensing entity.

(g) Providing an appropriate educational program for the student in the least restrictive environment based on an annual or more frequent review of the student's IEP.

(h) Maintaining copies of the IEPs in the district and providing copies of the IEPs of students who are in residential placements to the Department of Education.

(7) When an exceptional student is enrolled in a nonpublic school or community facility program under a contractual arrangement for providing a special educational program as provided herein, the student shall generate Florida Education Finance Program funds for the school district in the appropriate cost categories as established in Section 1011.62, Florida Statutes, under the following conditions:

(a) The nonpublic school or community facility program meets the criteria established in subsection (4) of this rule.

(b) The student is regularly attending the program, and the length of the school day and minimum number of days are in compliance with Florida Statutes.

(c) The student is appropriately classified as an exceptional student by the school district as required by law, State Board Rules, and criteria and procedures adopted by the district school board.

(d) An individual educational plan for the student has been developed as required by subsection 6A-6.0331(3), F.A.C.

(e) Full-time equivalent student membership for each student under a contractual arrangement is included in the school district's report.

(f) Annually and prior to the first report of full-time equivalent membership for a student in a nonpublic school or community facility program, a copy of the contracts signed by all participating parties shall be filed with the Department of Education, Division of Public Schools, Bureau of Education for Exceptional Students, The Florida Education Center, Tallahassee, Florida 32399.

(8) When a district contracts an education program for a group of students, one (1) contract with student names or individual contracts shall be filed.

(9) When an exceptional student is offered an appropriate educational program by the school district and the parent waives this opportunity in favor of a program selected by the parent, the parent shall assume full financial responsibility for the student's education.