(1)(a) The Legislature recognizes that the Department of Children and Families and the Agency for Persons with Disabilities have under their residential care students with critical problems of physical impairment, emotional disturbance, mental impairment, and learning impairment.
(b) The Legislature recognizes the vital role of education in the rehabilitation of such students. It is the intent of the Legislature that all such students benefit from educational services and receive such services.
(c) It is the intent of the Legislature that educational services be coordinated with appropriate and existing diagnostic and evaluative, social, followup, and other therapeutic services of the department and agency so that the effect of the total rehabilitation process is maximized.
(d) It is the intent of the Legislature that, as educational programs for students in residential care facilities are implemented by the district school board, educational personnel in the residential care facilities who meet the qualifications for employees of the district school board be employed by the district school board.
(2) District school boards shall establish educational programs for all students ages 5 through 18 under the residential care of the Department of Children and Families and the Agency for Persons with Disabilities, and may provide for students below age 3 as provided for in s. 1003.21(1)(e). Funding of such programs shall be pursuant to s. 1011.62.
(3) Notwithstanding any provisions of chapters 39, 393, 394, and 397 to the contrary, the services of the Department of Children and Families and the Agency for Persons with Disabilities and those of the Department of Education and district school boards shall be mutually supportive and complementary of each other. The education programs provided by the district school board shall meet the standards prescribed by the State Board of Education and the district school board. Decisions regarding the design and delivery of department or agency treatment or habilitative services shall be made by interdisciplinary teams of professional and paraprofessional staff of which appropriate district school system administrative and instructional personnel shall be invited to be participating members. The requirements for maintenance of confidentiality as prescribed in chapters 39, 393, 394, and 397 shall be applied to information used by such interdisciplinary teams, and such information shall be exempt from the provisions of ss. 119.07(1) and 286.011.
(4) Students age 18 and under who are under the residential care of the Department of Children and Families or the Agency for Persons with Disabilities and who receive an education program shall be calculated as full-time equivalent student membership in the appropriate cost factor as provided for in s. 1011.62(1)(c). Residential care facilities shall include, but not be limited to, developmental disabilities centers and state mental health facilities. All students shall receive their education program from the district school system, and funding shall be allocated through the Florida Education Finance Program for the district school system.
(5) Instructional and special educational services that are provided to clients with mental illness or developmental disabilities of the department’s or agency’s residential care facilities by local school districts shall not be less than 180 days or 900 hours; however, the 900 hours may be distributed over a 12-month period.
(6) Notwithstanding the provisions of s. 1001.42(4)(m), the educational program at the Marianna Sunland Center in Jackson County shall be operated by the Department of Education, either directly or through grants or contractual agreements with other public educational agencies. The annual state allocation to any such agency shall be computed pursuant to s. 1011.62(1), (2), and (6) and allocated in the amount that would have been provided the local school district in which the residential facility is located.
History.—ss. 1, 2, ch. 71-350; s. 4, ch. 79-184; s. 1, ch. 80-143; s. 4, ch. 80-240; ss. 1, 2, ch. 81-272; s. 2, ch. 82-153; s. 57, ch. 83-218; s. 16, ch. 85-109; s. 24, ch. 89-308; s. 1, ch. 90-7; ss. 7, 9, ch. 90-208; s. 26, ch. 93-39; s. 78, ch. 95-143; s. 238, ch. 96-406; s. 66, ch. 97-190; s. 5, ch. 98-186; s. 988, ch. 2002-387; s. 11, ch. 2006-27; s. 49, ch. 2006-227; s. 14, ch. 2008-244; s. 49, ch. 2013-18; s. 141, ch. 2014-19; s. 93, ch. 2020-2.
Structure Florida Statutes
Chapter 402 - Health and Human Services: Miscellaneous Provisions
402.04 - Award of Scholarships and Stipends; Disbursement of Funds; Administration.
402.05 - Requisites for Holding Scholarship and Stipend.
402.06 - Notes Required of Scholarship Holders.
402.115 - Sharing Confidential or Exempt Information.
402.12 - National Community Mental Health Centers Act.
402.16 - Proceedings by Department.
402.161 - Authorization for Sale of Property.
402.164 - Legislative Intent; Definitions.
402.165 - Florida Statewide Advocacy Council; Confidential Records and Meetings.
402.166 - Florida Local Advocacy Councils; Confidential Records and Meetings.
402.17 - Claims for Care and Maintenance; Trust Property.
402.18 - Welfare Trust Funds; Creation, Use.
402.181 - State Institutions Claims Program.
402.185 - Productivity Enhancing Technology.
402.19 - Photographing Records; Destruction of Records; Effect as Evidence.
402.24 - Recovery of Third-Party Payments for Medical Services.
402.26 - Child Care; Legislative Intent.
402.301 - Child Care Facilities; Legislative Intent and Declaration of Purpose and Policy.
402.3025 - Public and Nonpublic Schools.
402.3026 - Full-Service Schools.
402.305 - Licensing Standards; Child Care Facilities.
402.30501 - Modification of Introductory Child Care Course for Community College Credit Authorized.
402.3054 - Child Enrichment Service Providers.
402.3055 - Child Care Personnel Requirements.
402.307 - Approval of Licensing Agency.
402.308 - Issuance of License.
402.309 - Provisional License or Registration.
402.3115 - Elimination of Duplicative and Unnecessary Inspections; Abbreviated Inspections.
402.312 - License Required; Injunctive Relief.
402.313 - Family Day Care Homes.
402.3131 - Large Family Child Care Homes.
402.314 - Supportive Services.
402.315 - Funding; License Fees.
402.317 - Prolonged Child Care.
402.33 - Department Authority to Charge Fees for Services Provided.
402.40 - Child Welfare Training and Certification.
402.402 - Child Protection and Child Welfare Personnel; Attorneys Employed by the Department.
402.403 - Child Protection and Child Welfare Personnel Tuition Exemption Program.
402.404 - Child Protection and Child Welfare Personnel Student Loan Forgiveness Program.
402.41 - Educational Materials and Training Concerning HIV Infections and Aids.
402.49 - Mediation Process Established.
402.56 - Children’s Cabinet; Organization; Responsibilities; Annual Report.
402.57 - Direct-Support Organization.
402.62 - Strong Families Tax Credit.
402.70 - Interagency Agreement Between Department of Health and Department of Children and Families.
402.71 - Transfer of Funds, Positions, and Budget Authority Within Department.
402.73 - Contracting and Performance Standards.
402.80 - Office of Community Partners.
402.81 - Pharmaceutical Expense Assistance.
402.82 - Electronic Benefits Transfer Program.
402.86 - Rulemaking Authority for Refugee Assistance Program.