The Florida Senate

1003.58  Students in residential care facilities.--Each district school board shall provide educational programs according to rules of the State Board of Education to students who reside in residential care facilities operated by the Department of Children and Family Services.

(1)  The district school board shall not be charged any rent, maintenance, utilities, or overhead on such facilities. Maintenance, repairs, and remodeling of existing facilities shall be provided by the Department of Children and Family Services.

(2)  If additional facilities are required, the district school board and the Department of Children and Family Services shall agree on the appropriate site based on the instructional needs of the students. When the most appropriate site for instruction is on district school board property, a special capital outlay request shall be made by the commissioner in accordance with s. 1013.60 When the most appropriate site is on state property, state capital outlay funds shall be requested by the Department of Children and Family Services as provided by s. 216.043 and shall be submitted as specified by s. 216.023 Any instructional facility to be built on state property shall have educational specifications jointly developed by the school district and the Department of Children and Family Services and approved by the Department of Education. The size of space and occupant design capacity criteria as provided by state board rules shall be used for remodeling or new construction whether facilities are provided on state property or district school board property. The planning of such additional facilities shall incorporate current Department of Children and Family Services deinstitutionalization plans.

(3)  The district school board shall have full and complete authority in the matter of the assignment and placement of such students in educational programs. The parent of an exceptional student shall have the same due process rights as are provided under s. 1003.57(5).

(4)  The district school board shall have a written agreement with the Department of Children and Family Services outlining the respective duties and responsibilities of each party.

Notwithstanding the provisions herein, 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 or duly accredited educational agencies approved by the Department of Education.

History.--s. 152, ch. 2002-387.