Bill Text: FL H0739 | 2011 | Regular Session | Comm Sub

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Bill Title: Transition-to-Adulthood Services

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0739 Detail]

Download: Florida-2011-H0739-Comm_Sub.html

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CS/CS/HB 739

1	A bill to be entitled
2	An act relating to transition-to-adulthood services;
3	amending s. 985.03, F.S.; defining the term "transition-
4	to-adulthood services"; creating s. 985.461, F.S.;
5	providing legislative intent concerning transition-to-
6	adulthood services for youth in the custody of the
7	Department of Juvenile Justice; providing for eligibility
8	for services for youth served by the department who are
9	legally in the custody of the Department of Children and
10	Family Services; providing that an adjudication of
11	delinquency does not disqualify a youth in foster care
12	from certain services from the Department of Children and
13	Family Services; providing powers and duties of the
14	Department of Juvenile Justice for transition services;
15	providing for assessments; requiring that services be part
16	of a plan leading to independence; amending s. 985.0301,
17	F.S.; providing for retention of court jurisdiction over a
18	child for a specified period following the child's 19th
19	birthday if the child is participating in transition-to-
20	adulthood services; providing that certain services
21	require voluntary participation by affected youth and do
22	not create an involuntary court-sanctioned residential
23	commitment; creating the College-Preparatory Boarding
24	Academy Pilot Program for dependent or at-risk youth;
25	providing a purpose for the program; requiring that the
26	State Board of Education implement the program; providing
27	definitions; requiring the state board to select a
28	private, nonprofit corporation to operate the program if
29	certain qualifications are met; requiring that the state
30	board request proposals from private, nonprofit
31	corporations; providing requirements for such proposals;
32	requiring that the state board enter into a contract with
33	the operator of the academy; requiring that the contract
34	contain specified requirements; requiring that the
35	operator adopt bylaws, subject to approval by the state
36	board; requiring that the operator adopt an outreach
37	program with the local education agency or school district
38	and community; providing that the academy is a public
39	school and part of the state's education program;
40	providing program funding guidelines and requiring
41	development of a plan; limiting the capacity of eligible
42	students attending the academy; requiring that enrolled
43	students remain under case management services and the
44	supervision of the lead agency; authorizing the operator
45	to appropriately bill Medicaid for services rendered to
46	eligible students or earn federal or local funding for
47	services provided; providing for eligible students to be
48	admitted by lottery if the number of applicants exceeds
49	the allowed capacity; authorizing the operator to house
50	and educate dependent, at-risk children; requiring that
51	the state board issue an annual report and adopt rules;
52	providing effective dates.
53
54	Be It Enacted by the Legislature of the State of Florida:
55
56	Section 1.  Present subsections (57) and (58) of section
57	985.03, Florida Statutes, are renumbered as subsections (58) and
58	(59), respectively, and a new subsection (57) is added to that
59	section to read:
60	985.03  Definitions.-As used in this chapter, the term:
61	(57)  "Transition-to-adulthood services" means services
62	that are provided for youth in the custody of the department or
63	under the supervision of the department and that have the
64	objective of instilling the knowledge, skills, and aptitudes
65	essential to a socially integrated, self-supporting adult life.
66	The services may include, but are not limited to:
67	(a)  Assessment of the youth's ability and readiness for
68	adult life.
69	(b)  A plan for the youth to acquire the knowledge,
70	information, and counseling necessary to make a successful
71	transition to adulthood.
72	(c)  Services that have proven effective toward achieving
73	the transition to adulthood.
74	Section 2.  Section 985.461, Florida Statutes, is created
75	to read:
76	985.461  Transition to adulthood.-
77	(1)  The Legislature finds that older youth are faced with
78	the need to learn how to support themselves within legal means
79	and overcome the stigma of being delinquent. In most cases,
80	parents expedite this transition. It is the intent of the
81	Legislature that the department provide older youth in its
82	custody or under its supervision with opportunities for
83	participating in transition-to-adulthood services while in the
84	department's commitment programs or in probation or conditional
85	release programs in the community. These services should be
86	reasonable and appropriate for the youths' respective ages or
87	special needs and provide activities that build life skills and
88	increase the ability to live independently and become self-
89	sufficient.
90	(2)  Youth served by the department who are in the custody
91	of the Department of Children and Family Services and who
92	entered juvenile justice placement from a foster care placement,
93	if otherwise eligible, may receive independent living transition
94	services pursuant to s. 409.1451. Court-ordered commitment or
95	probation with the department is not a barrier to eligibility
96	for the array of services available to a youth who is in the
97	dependency foster care system only.
98	(3)  For a dependent child in the foster care system,
99	adjudication for delinquency does not, by itself, disqualify
100	such child for eligibility in the Department of Children and
101	Family Services' independent living program.
102	(4)  To support participation in transition-to-adulthood
103	services and subject to appropriation, the department may:
104	(a)  Assess the child's skills and abilities to live
105	independently and become self-sufficient. The specific services
106	to be provided shall be determined using an assessment of his or
107	her readiness for adult life.
108	(b)  Develop a list of age-appropriate activities and
109	responsibilities to be incorporated in the child's written case
110	plan for any youth 17 years of age or older who is under the
111	custody or supervision of the department. Activities may
112	include, but are not limited to, life skills training, including
113	training to develop banking and budgeting skills, interviewing
114	and career planning skills, parenting skills, personal health
115	management, and time management or organizational skills;
116	educational support; employment training; and counseling.
117	(c)  Provide information related to social security
118	insurance benefits and public assistance.
119	(d)  Request parental or guardian permission for the youth
120	to participate in transition-to-adulthood services. Upon such
121	consent, age-appropriate activities shall be incorporated into
122	the youth's written case plan. This plan may include specific
123	goals and objectives and shall be reviewed and updated at least
124	quarterly. If the parent or guardian is cooperative, the plan
125	may not interfere with the parent's or guardian's rights to
126	nurture and train his or her child in ways that are otherwise in
127	compliance with the law and court order.
128	(e)  Contract for transition-to-adulthood services that
129	include residential services and assistance and allow the child
130	to live independently of the daily care and supervision of an
131	adult in a setting that is not licensed under s. 409.175. A
132	child under the care or supervision of the department who has
133	reached 17 years of age but is not yet 19 years of age is
134	eligible for such services if he or she does not pose a danger
135	to the public and is able to demonstrate minimally sufficient
136	skills and aptitude for living under decreased adult
137	supervision, as determined by the department, using established
138	procedures and assessments.
139	(5)  For a child who is 17 years of age or older, under the
140	department's care or supervision, and without benefit of parents
141	or legal guardians capable of assisting the child in the
142	transition to adult life, the department may provide an
143	assessment to determine the child's skills and abilities to live
144	independently and become self-sufficient. Based on the
145	assessment and within existing resources, services and training
146	may be provided in order to develop the necessary skills and
147	abilities before the child's 18th birthday.
148	(6)  The provision of transition-to-adulthood services must
149	be part of an overall plan leading to the total independence of
150	the child from department supervision. The plan must include,
151	but need not be limited to:
152	(a)  A description of the child's skills and a plan for
153	learning additional identified skills;
154	(b)  The behavior that the child has exhibited which
155	indicates an ability to be responsible and a plan for developing
156	additional responsibilities, as appropriate;
157	(c)  A plan for the provision of future educational,
158	vocational, and training skills;
159	(d)  Present financial and budgeting capabilities and a
160	plan for improving resources and abilities;
161	(e)  A description of the proposed residence;
162	(f)  Documentation that the child understands the specific
163	consequences of his or her conduct in such a program;
164	(g)  Documentation of proposed services to be provided by
165	the department and other agencies, including the type of
166	services and the nature and frequency of contact; and
167	(h)  A plan for maintaining or developing relationships
168	with family, other adults, friends, and the community, as
169	appropriate.
170	Section 3.  Paragraph (a) of subsection (5) of section
171	985.0301, Florida Statutes, is amended to read:
172	985.0301  Jurisdiction.-
173	(5)(a)  Notwithstanding ss. 743.07, 985.43, 985.433,
174	985.435, 985.439, and 985.441, and except as provided in ss.
175	985.461, 985.465, and 985.47 and paragraph (f), when the
176	jurisdiction of any child who is alleged to have committed a
177	delinquent act or violation of law is obtained, the court shall
178	retain jurisdiction, unless relinquished by its order, until the
179	child reaches 19 years of age, with the same power over the
180	child which that the court had before prior to the child became
181	becoming an adult. For the purposes of s. 985.461, the court may
182	retain jurisdiction for an additional 365 days following the
183	child's 19th birthday if the child is participating in
184	transition-to-adulthood services. The additional services do not
185	extend involuntary court-sanctioned residential commitment and
186	therefore require voluntary participation by the affected youth.
187	Section 4.  Effective July 1, 2011, the following section
188	is created to read:
189	College-Preparatory Boarding Academy Pilot Program.-
190	(1)  PROGRAM CREATION.-The College-Preparatory Boarding
191	Academy Pilot Program is created for the purpose of providing
192	unique educational opportunities to dependent or at-risk youth
193	who are academic underperformers but who have the potential to
194	progress from at-risk youth to college-bound youth. The State
195	Board of Education shall implement this program.
196	(2)  DEFINITIONS.-As used in this section, the term:
197	(a)  "Board" means the board of trustees of a college-
198	preparatory boarding academy for at-risk students.
199	(b)  "Eligible student" means a student who is a resident
200	of the state and entitled to attend school in a participating
201	school district, is at risk of academic failure, is currently
202	enrolled in grade 5 or 6, is from a family whose income is below
203	200 percent of the federal poverty guidelines, and who meets at
204	least two of the following additional risk factors:
205	1.  The student has a record of suspensions, office
206	referrals, or chronic truancy.
207	2.  The student has been referred for academic intervention
208	or has not attained at least a proficient score on the state
209	achievement assessment in English and language arts, reading, or
210	mathematics.
211	3.  The student's parent is a single parent.
212	4.  The student does not live with the student's custodial
213	parent.
214	5.  The student resides in a household that receives a
215	housing voucher or has been determined as eligible for public
216	housing assistance.
217	6.  A member of the student's immediate family has been
218	incarcerated.
219	7.  The student has been declared an adjudicated dependent
220	by a court of competent jurisdiction.
221	8.  The student has received a referral from a school,
222	teacher, counselor, dependency circuit court judge, or
223	community-based care organization.
224	9.  The student meets any additional criteria prescribed by
225	an agreement between the State Board of Education and the
226	operator of a college-preparatory boarding academy.
227	(c)  "Operator" means a private, nonprofit corporation that
228	is selected by the state under subsection (3) to operate the
229	program.
230	(d)  "Program" means a college-preparatory boarding academy
231	for at-risk youth which includes:
232	1.  A remedial curriculum for middle school grades.
233	2.  The college-preparatory curriculum for high school
234	grades.
235	3.  Extracurricular activities, including athletics and
236	cultural events.
237	4.  College admissions counseling.
238	5.  Health and mental health services.
239	6.  Tutoring.
240	7.  Community service and service learning opportunities.
241	8.  A residential student life program.
242	9.  Extended school days and supplemental programs.
243	10.  Professional services focused on the language arts and
244	reading standards, mathematics standards, science standards,
245	technology standards, and developmental or life skill standards
246	using innovative and best practices for all students.
247	(e)  "Sponsor" means a public school district that acts as
248	sponsor pursuant to s. 1002.33, Florida Statutes.
249	(3)  PROPOSALS.-
250	(a)  The State Board of Education shall select a private,
251	nonprofit corporation to operate the program which must meet all
252	of the following qualifications:
253	1.  The nonprofit corporation has, or will receive as a
254	condition of the contract, a public charter school authorized
255	under s. 1002.33, Florida Statutes, to offer grades 6 through
256	12, or has a partnership with a sponsor to operate a school.
257	2.  The nonprofit corporation has experience operating a
258	school or program similar to the program authorized under this
259	section.
260	3.  The nonprofit corporation has demonstrated success with
261	a school or program similar to the program authorized under this
262	section.
263	4.  The nonprofit corporation has the capacity to finance
264	and secure private funds for the development of a campus for the
265	program.
266	(b)  Within 60 days after July 1, 2011, the State Board of
267	Education shall issue a request for proposals from private,
268	nonprofit corporations interested in operating the program. The
269	state board shall select operators from among the qualified
270	responders within 120 days after the issuance of the request for
271	proposals.
272	(c)  Each proposal must contain the following information:
273	1.  The proposed location of the college-preparatory
274	boarding academy.
275	2.  A plan for offering grade 6 in the program's initial 2
276	years of operation and a plan for expanding the grade levels
277	offered by the school in subsequent years.
278	3.  Any other information about the proposed educational
279	program, facilities, or operations of the school as determined
280	necessary by the state board.
281	(4)  CONTRACT.-The State Board of Education shall contract
282	with the operator of a college-preparatory boarding academy. The
283	contract must stipulate that:
284	(a)  The academy may operate only if, and to the extent
285	that, it holds a valid charter authorized under s. 1002.33,
286	Florida Statutes, or is authorized by a local school district
287	defined as a sponsor pursuant to s. 1002.33, Florida Statutes.
288	(b)  The operator shall finance and oversee the acquisition
289	of a facility for the academy.
290	(c)  The operator shall operate the academy in accordance
291	with the terms of the proposal accepted by the state board.
292	(d)  The operator shall comply with this section.
293	(e)  The operator shall comply with any other provisions of
294	law specified in the contract, the charter granted by the local
295	school district or the operating agreement with the sponsor, and
296	the rules adopted by the state board for schools operating in
297	this state.
298	(f)  The operator shall comply with the bylaws that it
299	adopts.
300	(g)  The operator shall comply with standards for admission
301	of students to the academy and standards for dismissal of
302	students from the academy which are included in the contract and
303	may be reevaluated and revised by mutual agreement between the
304	operator and the state board.
305	(h)  The operator shall meet the academic goals and other
306	performance standards established by the contract.
307	(i)  The state board or the operator may terminate the
308	contract in accordance with the procedures specified in the
309	contract, which must at least require that the party seeking
310	termination give prior written notice of the intent to terminate
311	the contract and that the party receiving the termination notice
312	be granted an opportunity to redress any grievances cited
313	therein.
314	(j)  If the school closes for any reason, the academy's
315	board of trustees shall execute the closing in a manner
316	specified in the contract.
317	(5)  OPERATOR BYLAWS.-The program operator shall adopt
318	bylaws for the oversight and operation of the academy which are
319	in accordance with this section, state law, and the contract
320	between the operator and the State Board of Education. The
321	bylaws must include procedures for the appointment of board
322	members to the academy's board of trustees, which may not exceed
323	25 members, 5 of whom shall be appointed by the Governor with
324	the advice and consent of the Senate. The bylaws are subject to
325	approval of the state board.
326	(6)  OUTREACH.-The program operator shall adopt an outreach
327	program with the local education agency or school district and
328	community. The outreach program must give special attention to
329	the recruitment of children in the state's foster care program
330	as a dependent child or as a child in a program to prevent
331	dependency who are academic underperformers who, if given the
332	unique educational opportunity found in the program, have the
333	potential to progress from at-risk youth to college-bound youth.
334	(7)  FUNDING.-The college-preparatory boarding academy must
335	be a public school and part of the state's education program.
336	Funding for the operation of the boarding academy shall be
337	contingent on development of a plan by the Department of
338	Education, the Department of Juvenile Justice, and the
339	Department of Children and Family Services that details how
340	educational and noneducational funds that would otherwise be
341	committed to the students in the school and their families can
342	be repurposed to provide for the operation of the school and
343	related services. Such plan shall be based on federal and state
344	funding streams for children and families meeting the
345	eligibility criteria for eligible students as specified in
346	paragraph (2)(b). The Department of Education, the Department of
347	Juvenile Justice, and the Department of Children and Family
348	Services shall submit the plan along with relevant budget
349	requests either through the legislative budget request process
350	in accordance with s. 216.023, Florida Statutes, or through
351	requests for budget amendments to the Legislative Budget
352	Commission in accordance with s. 216.181, Florida Statutes.
353	(8)  PROGRAM CAPACITY.-Beginning August 2012, or later
354	pursuant to the funding plan required in subsection (7), the
355	program shall admit 80 students. In each subsequent fiscal year,
356	the program shall grow by an additional number of students, as
357	specified in the contract, until the program reaches a capacity
358	of 400 students.
359	(9)  STUDENT SERVICES.-Students enrolled in the program who
360	have been adjudicated dependent must remain under the case
361	management services and supervision of the lead agency and its
362	respective providers. The operator may contract with its own
363	providers as necessary to provide services to youth in the
364	program and to ensure continuity of the full range of services
365	required by youth in foster care who attend the academy.
366	(10)  MEDICAID BILLING.-This section does not prohibit an
367	operator from appropriately billing Medicaid for services
368	rendered to eligible students through the program or from
369	earning federal or local funding for services provided.
370	(11)  ADMISSION.-An eligible student may apply for
371	admission to the program. If more eligible students apply for
372	admission than the number of students permitted by the capacity
373	established by the board of trustees, admission shall be
374	determined by lottery.
375	(12)  STUDENT HOUSING.-Notwithstanding ss. 409.1677(3)(d)
376	and 409.176, Florida Statutes, or any other provision of law, an
377	operator may house and educate dependent, at-risk youth in its
378	residential school for the purpose of facilitating the mission
379	of the program and encouraging innovative practices.
380	(13)  ANNUAL REPORT.-
381	(a)  The State Board of Education shall issue an annual
382	report for each college-preparatory boarding academy which
383	includes all information applicable to schools.
384	(b)  Each college-preparatory boarding academy shall report
385	to the Department of Education, in the form and manner
386	prescribed in the contract, the following information:
387	1.  The total number of students enrolled in the academy.
388	2.  The number of students enrolled in the academy who are
389	receiving special education services pursuant to an individual
390	education plan.
391	3.  Any additional information specified in the contract.
392	(c)  The operator shall comply with s. 1002.33, Florida
393	Statutes, and shall annually assess reading and mathematics
394	skills. The operator shall provide the student's legal guardians
395	with sufficient information on whether the student is reading at
396	grade level and whether the student gains at least a year's
397	worth of learning for every year spent in the program.
398	(14)  RULES.-The State Board of Education shall adopt rules
399	to administer this section. These rules must identify any
400	existing rules that are applicable to the program and preempt
401	any other rules that are not specified for the purpose of
402	clarifying the rules that may be conflicting, redundant, or
403	result in an unnecessary burden on the program or the operator.
404	Section 5.  Except as otherwise provided in this act, this
405	act shall take effect October 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.