2023 Florida Statutes

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Chapter 1003 PUBLIC K-12 EDUCATION
SECTION 572Collaboration of public and private instructional personnel.

1003.572 Collaboration of public and private instructional personnel.
(1) As used in this section, the term “private instructional personnel” means:
(a) Individuals certified under s. 393.17 or licensed under chapter 490 or chapter 491 for applied behavior analysis services as defined in ss. 627.6686 and 641.31098.
(b) Registered behavior technicians who have a nationally recognized paraprofessional certification in behavior analysis and who practice under the supervision of individuals described in paragraph (a) by assisting and supporting such individuals in the provision of applied behavior analysis services. To provide services under this section, a registered behavior technician must be employed by a provider described in paragraph (a).
(c) Speech-language pathologists licensed under s. 468.1185.
(d) Occupational therapists licensed under part III of chapter 468.
(e) Physical therapists licensed under chapter 486.
(f) Psychologists licensed under chapter 490.
(g) Clinical social workers licensed under chapter 491.
(2) The collaboration of public and private instructional personnel shall be designed to enhance but not supplant the school district’s responsibilities under the Individuals with Disabilities Education Act (IDEA). The school as the local education agency shall provide therapy services to meet the expectations provided in federal law and regulations and state statutes and rules. Collaboration of public and private instructional personnel will work to promote educational progress and assist students in acquiring essential skills, including, but not limited to, readiness for pursuit of higher education goals or employment. Where applicable, public and private instructional personnel shall undertake collaborative programming. Coordination of services and plans between a public school and private instructional personnel is encouraged to avoid duplication or conflicting services or plans.
(3) Private instructional personnel who are hired or contracted by parents to collaborate with public instructional personnel must be permitted to observe the student in the educational setting, collaborate with instructional personnel in the educational setting, and provide services in the educational setting according to the following requirements:
(a) The student’s public instructional personnel and principal consent to the time and place.
(b) The private instructional personnel satisfy the requirements of s. 1012.32 or s. 1012.321.

For the purpose of implementing this subsection, a school district may not impose any requirements beyond those requirements specified in this subsection or charge any fees.

(4) The provision of private instructional personnel by a parent does not constitute a waiver of the student’s or parent’s right to a free and appropriate public education under IDEA.
History.s. 5, ch. 2013-236; s. 21, ch. 2014-184; s. 1, ch. 2022-46; s. 1, ch. 2023-281.

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