Bill Text: FL S1406 | 2013 | Regular Session | Comm Sub
Bill Title: Juvenile Justice Education Programs
Spectrum: Bipartisan Bill
Status: (Failed) 2013-05-03 - Died in Rules, companion bill(s) passed, see CS/CS/SB 1720 (Ch. 2013-51) [S1406 Detail]
Download: Florida-2013-S1406-Comm_Sub.html
Florida Senate - 2013 CS for SB 1406
By the Committee on Criminal Justice; and Senator Bean
591-02621-13 20131406c1
1 A bill to be entitled
2 An act relating to juvenile justice education
3 programs; amending s. 985.622, F.S.; revising
4 provisions to be included in the multiagency education
5 plan for students in juvenile justice education
6 programs, including virtual education as an option;
7 amending s. 985.632, F.S.; requiring the Department of
8 Juvenile Justice to provide cost and effectiveness
9 information for program and program activities to the
10 Legislature and the public; deleting legislative
11 intent language; requiring implementation of an
12 accountability system to ensure client needs are met;
13 requiring the department and the Department of
14 Education to submit an annual report that includes
15 data on program costs and effectiveness and student
16 achievement and recommendations for elimination or
17 modification of programs; amending s. 1001.31, F.S.;
18 authorizing instructional personnel at all juvenile
19 justice facilities to access specific student records
20 at the district; amending s. 1003.51, F.S.; revising
21 terminology; revising requirements for rules to be
22 maintained by the State Board of Education; providing
23 expectations for effective education programs for
24 students in Department of Juvenile Justice programs;
25 revising requirements for contract and cooperative
26 agreements for the delivery of appropriate education
27 services to students in Department of Juvenile Justice
28 programs; requiring the Department of Education to
29 ensure that juvenile justice students who are eligible
30 have access to high school equivalency testing;
31 requiring the Department of Education to assist
32 juvenile justice education programs with becoming high
33 school equivalency testing centers; revising
34 requirements for an accountability system that
35 assesses and evaluates all juvenile justice education
36 programs; revising requirements of district school
37 boards; amending s. 1003.52, F.S.; revising
38 requirements for activities to be coordinated by the
39 coordinators for juvenile justice education programs;
40 authorizing contracting for educational assessments;
41 revising requirements for assessments; authorizing
42 access to local virtual education courses; requiring
43 that an education program be based on each student’s
44 transition plan and assessed educational needs;
45 providing requirements for prevention and day
46 treatment juvenile justice education programs;
47 requiring progress monitoring plans for all students
48 not classified as exceptional student education
49 students; revising requirements for such plans;
50 requiring that the Department of Education, in
51 partnership with the Department of Juvenile Justice,
52 ensure that school districts and juvenile justice
53 education providers develop individualized transition
54 plans; providing requirements for such plans;
55 providing that the Secretary of Juvenile Justice or
56 the director of a juvenile justice program may request
57 that a school district teacher’s performance be
58 reviewed by the district and that the teacher be
59 reassigned in certain circumstances; correcting a
60 cross-reference; requiring the Department of Education
61 to establish by rule objective and measurable student
62 performance measures and program performance ratings;
63 providing requirements for such ratings; requiring a
64 comprehensive accountability and program improvement
65 process; providing requirements for such a process;
66 deleting provisions for minimum thresholds for the
67 standards and key indicators for education programs in
68 juvenile justice facilities; deleting a requirement
69 for an annual report; requiring data collection;
70 deleting provisions concerning the Arthur Dozier
71 School for Boys; requiring rulemaking; amending s.
72 1001.42, F.S.; revising terminology; revising a cross
73 reference; providing a directive to the Division of
74 Law Revision and Information; providing an effective
75 date.
76
77 Be It Enacted by the Legislature of the State of Florida:
78
79 Section 1. Section 985.622, Florida Statutes, is amended to
80 read:
81 985.622 Multiagency plan for career vocational education.—
82 (1) The Department of Juvenile Justice and the Department
83 of Education shall, in consultation with the statewide Workforce
84 Development Youth Council, school districts, providers, and
85 others, jointly develop a multiagency plan for career vocational
86 education that establishes the curriculum, goals, and outcome
87 measures for career vocational programs in juvenile justice
88 education programs commitment facilities. The plan must include:
89 (a) Provisions for maximizing appropriate state and federal
90 funding sources, including funds under the Workforce Investment
91 Act and the Perkins Act.;
92 (b) Provisions for eliminating barriers to increasing
93 occupation-specific job training and high school equivalency
94 examination preparation opportunities.
95 (c)(b) The responsibilities of both departments and all
96 other appropriate entities.; and
97 (d)(c) A detailed implementation schedule.
98 (2) The plan must define career vocational programming that
99 is appropriate based upon:
100 (a) The age and assessed educational abilities and goals of
101 the student youth to be served; and
102 (b) The typical length of stay and custody characteristics
103 at the juvenile justice education commitment program to which
104 each student youth is assigned.
105 (3) The plan must include a definition of career vocational
106 programming that includes the following classifications of
107 juvenile justice education programs commitment facilities that
108 will offer career vocational programming by one of the following
109 types:
110 (a) Type A.—Programs that teach personal accountability
111 skills and behaviors that are appropriate for students youth in
112 all age groups and ability levels and that lead to work habits
113 that help maintain employment and living standards.
114 (b) Type B.—Programs that include Type A program content
115 and an orientation to the broad scope of career choices, based
116 upon personal abilities, aptitudes, and interests. Exploring and
117 gaining knowledge of occupation options and the level of effort
118 required to achieve them are essential prerequisites to skill
119 training.
120 (c) Type C.—Programs that include Type A program content
121 and the career vocational competencies or the prerequisites
122 needed for entry into a specific occupation.
123 (4) The plan must also address strategies to facilitate
124 involvement of business and industry in the design, delivery,
125 and evaluation of career vocational programming in juvenile
126 justice education commitment facilities and conditional release
127 programs, including apprenticeship and work experience programs,
128 mentoring and job shadowing, and other strategies that lead to
129 postrelease employment. Incentives for business involvement,
130 such as tax breaks, bonding, and liability limits should be
131 investigated, implemented where appropriate, or recommended to
132 the Legislature for consideration.
133 (5) The plan must also evaluate the effect of students’
134 mobility between juvenile justice education programs and school
135 districts on the students’ educational outcomes and whether the
136 continuity of the students’ education can be better addressed
137 through virtual education.
138 (6)(5) The Department of Juvenile Justice and the
139 Department of Education shall each align its respective agency
140 policies, practices, technical manuals, contracts, quality
141 assurance standards, performance-based-budgeting measures, and
142 outcome measures with the plan in juvenile justice education
143 programs commitment facilities by July 31, 2014 2001. Each
144 agency shall provide a report on the implementation of this
145 section to the Governor, the President of the Senate, and the
146 Speaker of the House of Representatives by August 31, 2014 2001.
147 (7)(6) All provider contracts executed by the Department of
148 Juvenile Justice or the school districts after January 1, 2015
149 2002, must be aligned with the plan.
150 (8)(7) The planning and execution of quality assurance
151 reviews conducted by the Department of Education or the
152 Department of Juvenile Justice after August 1, 2014 2002, must
153 be aligned with the plan.
154 (9)(8) Outcome measures reported by the Department of
155 Juvenile Justice and the Department of Education for students
156 youth released on or after January 1, 2015 2002, should include
157 outcome measures that conform to the plan.
158 Section 2. Subsections (1) and (3) of section 985.632,
159 Florida Statutes, are amended to read:
160 985.632 Quality assurance and cost-effectiveness.—
161 (1) The department shall:
162 (a) Provide cost and effectiveness information on programs
163 and program activities in order to compare, improve, or
164 eliminate a program or program activity if necessary.
165 (b) Provide program and program activity cost and
166 effectiveness data to the Legislature in order for resources to
167 be allocated for achieving desired performance outcomes.
168 (c) Provide information to the public concerning program
169 and program activity cost and effectiveness.
170 (d) Implement a system of accountability in order to
171 provide the best and most appropriate programs and activities to
172 meet client needs.
173 (e) Continue to improve service delivery. It is the intent
174 of the Legislature that the department:
175 (a) Ensure that information be provided to decisionmakers
176 in a timely manner so that resources are allocated to programs
177 of the department which achieve desired performance levels.
178 (b) Provide information about the cost of such programs and
179 their differential effectiveness so that the quality of such
180 programs can be compared and improvements made continually.
181 (c) Provide information to aid in developing related policy
182 issues and concerns.
183 (d) Provide information to the public about the
184 effectiveness of such programs in meeting established goals and
185 objectives.
186 (e) Provide a basis for a system of accountability so that
187 each client is afforded the best programs to meet his or her
188 needs.
189 (f) Improve service delivery to clients.
190 (g) Modify or eliminate activities that are not effective.
191 (3) By March 1st of each year, the department, in
192 consultation with the Department of Education, shall publish a
193 report on program costs and effectiveness. The report shall
194 include uniform cost data for each program operated by the
195 department or by providers under contract with the department.
196 The Department of Education shall provide the cost data on each
197 education program operated by a school district or a provider
198 under contract with a school district. Cost data shall be
199 formatted and presented in a manner approved by the Legislature.
200 The report shall also include data on student learning gains, as
201 provided by the Department of Education, for all juvenile
202 justice education programs as required under s. 1003.52(3)(b),
203 information required under s. 1003.52(17) and (21), the cost
204 effectiveness of each program offered, and recommendations for
205 modification or elimination of programs or program activities
206 The department shall annually collect and report cost data for
207 every program operated or contracted by the department. The cost
208 data shall conform to a format approved by the department and
209 the Legislature. Uniform cost data shall be reported and
210 collected for state-operated and contracted programs so that
211 comparisons can be made among programs. The department shall
212 ensure that there is accurate cost accounting for state-operated
213 services including market-equivalent rent and other shared cost.
214 The cost of the educational program provided to a residential
215 facility shall be reported and included in the cost of a
216 program. The department shall submit an annual cost report to
217 the President of the Senate, the Speaker of the House of
218 Representatives, the Minority Leader of each house of the
219 Legislature, the appropriate substantive and fiscal committees
220 of each house of the Legislature, and the Governor, no later
221 than December 1 of each year. Cost-benefit analysis for
222 educational programs will be developed and implemented in
223 collaboration with and in cooperation with the Department of
224 Education, local providers, and local school districts. Cost
225 data for the report shall include data collected by the
226 Department of Education for the purposes of preparing the annual
227 report required by s. 1003.52(19).
228 Section 3. Section 1001.31, Florida Statutes, is amended to
229 read:
230 1001.31 Scope of district system.—A district school system
231 shall include all public schools, classes, and courses of
232 instruction and all services and activities directly related to
233 education in that district which are under the direction of the
234 district school officials. A district school system may also
235 include alternative site schools for disruptive or violent
236 students youth. Such schools for disruptive or violent students
237 youth may be funded by each district or provided through
238 cooperative programs administered by a consortium of school
239 districts, private providers, state and local law enforcement
240 agencies, and the Department of Juvenile Justice. Pursuant to
241 cooperative agreement, a district school system shall provide
242 instructional personnel at juvenile justice facilities of 50 or
243 more beds or slots with access to the district school system
244 database for the purpose of accessing student academic,
245 immunization, and registration records for students assigned to
246 the programs. Such access shall be in the same manner as
247 provided to other schools in the district.
248 Section 4. Section 1003.51, Florida Statutes, is amended to
249 read:
250 1003.51 Other public educational services.—
251 (1) The general control of other public educational
252 services shall be vested in the State Board of Education except
253 as provided in this section herein. The State Board of Education
254 shall, at the request of the Department of Children and Families
255 Family Services and the Department of Juvenile Justice, advise
256 as to standards and requirements relating to education to be met
257 in all state schools or institutions under their control which
258 provide educational programs. The Department of Education shall
259 provide supervisory services for the educational programs of all
260 such schools or institutions. The direct control of any of these
261 services provided as part of the district program of education
262 shall rest with the district school board. These services shall
263 be supported out of state, district, federal, or other lawful
264 funds, depending on the requirements of the services being
265 supported.
266 (2) The State Board of Education shall adopt rules and
267 maintain an administrative rule articulating expectations for
268 effective education programs for students youth in Department of
269 Juvenile Justice programs, including, but not limited to,
270 education programs in juvenile justice prevention, day
271 treatment, residential, commitment and detention facilities. The
272 rules rule shall establish articulate policies and standards for
273 education programs for students youth in Department of Juvenile
274 Justice programs and shall include the following:
275 (a) The interagency collaborative process needed to ensure
276 effective programs with measurable results.
277 (b) The responsibilities of the Department of Education,
278 the Department of Juvenile Justice, Workforce Florida, Inc.,
279 district school boards, and providers of education services to
280 students youth in Department of Juvenile Justice programs.
281 (c) Academic expectations.
282 (d) Career and technical expectations.
283 (e) Education transition planning and services.
284 (f)(d) Service delivery options available to district
285 school boards, including direct service and contracting.
286 (g)(e) Assessment procedures, which:
287 1. Include appropriate academic and career assessments
288 administered at program entry and exit that are selected by the
289 Department of Education in partnership with representatives from
290 the Department of Juvenile Justice, district school boards, and
291 education providers.
292 2. Require district school boards to be responsible for
293 ensuring the completion of the assessment process.
294 3. Require assessments for students in detention who will
295 move on to commitment facilities, to be designed to create the
296 foundation for developing the student’s education program in the
297 assigned commitment facility.
298 2.4. Require assessments of students in programs sent
299 directly to commitment facilities to be completed within the
300 first 10 school days after of the student’s entry into the
301 program commitment.
302
303 The results of these assessments, together with a portfolio
304 depicting the student’s academic and career accomplishments,
305 shall be included in the discharge packet package assembled for
306 each student youth.
307 (h)(f) Recommended instructional programs, including, but
308 not limited to, secondary education, high school equivalency
309 examination preparation, postsecondary education, career
310 training, and job preparation.
311 (i)(g) Funding requirements, which shall include the
312 requirement that at least 90 percent of the FEFP funds generated
313 by students in Department of Juvenile Justice programs or in an
314 education program for juveniles under s. 985.19 be spent on
315 instructional costs for those students. One hundred percent of
316 the formula-based categorical funds generated by students in
317 Department of Juvenile Justice programs must be spent on
318 appropriate categoricals such as instructional materials and
319 public school technology for those students.
320 (j)(h) Qualifications of instructional staff, procedures
321 for the selection of instructional staff, and procedures for to
322 ensure consistent instruction and qualified staff year round.
323 Qualifications shall include those for career education
324 instructors, standardized across the state, and shall be based
325 on state certification, local school district approval, and
326 industry-recognized credentials or industry training. Procedures
327 for the use of noncertified instructional personnel who possess
328 expert knowledge or experience in their fields of instruction
329 shall be established.
330 (k)(i) Transition services, including the roles and
331 responsibilities of appropriate personnel in the juvenile
332 justice education program, the school district where the student
333 will reenter districts, provider organizations, and the
334 Department of Juvenile Justice.
335 (l)(j) Procedures and timeframe for transfer of education
336 records when a student youth enters and leaves a Department of
337 Juvenile Justice education program facility.
338 (m)(k) The requirement that each district school board
339 maintain an academic transcript for each student enrolled in a
340 juvenile justice education program facility that delineates each
341 course completed by the student as provided by the State Course
342 Code Directory.
343 (n)(l) The requirement that each district school board make
344 available and transmit a copy of a student’s transcript in the
345 discharge packet when the student exits a juvenile justice
346 education program facility.
347 (o)(m) Contract requirements.
348 (p)(n) Performance expectations for providers and district
349 school boards, including student performance measures by type of
350 program, education program performance ratings, school
351 improvement, and corrective action plans for low-performing
352 programs the provision of a progress monitoring plan as required
353 in s. 1008.25.
354 (q)(o) The role and responsibility of the district school
355 board in securing workforce development funds.
356 (r)(p) A series of graduated sanctions for district school
357 boards whose educational programs in Department of Juvenile
358 Justice programs facilities are considered to be unsatisfactory
359 and for instances in which district school boards fail to meet
360 standards prescribed by law, rule, or State Board of Education
361 policy. These sanctions shall include the option of requiring a
362 district school board to contract with a provider or another
363 district school board if the educational program at the
364 Department of Juvenile Justice program is performing below
365 minimum standards facility has failed a quality assurance review
366 and, after 6 months, is still performing below minimum
367 standards.
368 (s) Curriculum, guidance counseling, transition, and
369 education services expectations, including curriculum
370 flexibility for detention centers operated by the Department of
371 Juvenile Justice.
372 (t)(q) Other aspects of program operations.
373 (3) The Department of Education in partnership with the
374 Department of Juvenile Justice, the district school boards, and
375 providers shall:
376 (a) Develop and implement requirements for contracts and
377 cooperative agreements regarding Maintain model contracts for
378 the delivery of appropriate education services to students youth
379 in Department of Juvenile Justice programs to be used for the
380 development of future contracts. The minimum contract
381 requirements shall include, but are not limited to, payment
382 structure and amounts; access to district services; contract
383 management provisions; data reporting requirements, including
384 reporting of full-time equivalent student membership;
385 administration of federal programs such as Title I, exceptional
386 student education, and the Carl D. Perkins Career and Technical
387 Education Act of 2006; and model contracts shall reflect the
388 policy and standards included in subsection (2). The Department
389 of Education shall ensure that appropriate district school board
390 personnel are trained and held accountable for the management
391 and monitoring of contracts for education programs for youth in
392 juvenile justice residential and nonresidential facilities.
393 (b) Develop and implement Maintain model procedures for
394 transitioning students youth into and out of Department of
395 Juvenile Justice education programs. These procedures shall
396 reflect the policy and standards adopted pursuant to subsection
397 (2).
398 (c) Maintain standardized required content of education
399 records to be included as part of a student’s youth’s commitment
400 record and procedures for securing the student’s records. The
401 education records These requirements shall reflect the policy
402 and standards adopted pursuant to subsection (2) and shall
403 include, but not be limited to, the following:
404 1. A copy of the student’s individual educational plan.
405 2. A copy of the student’s individualized progress
406 monitoring plan.
407 3. A copy of the student’s individualized transition plan.
408 4.2. Assessment data, including grade level proficiency in
409 reading, writing, and mathematics, and performance on tests
410 taken according to s. 1008.22.
411 5.3. A copy of the student’s permanent cumulative record.
412 6.4. A copy of the student’s academic transcript.
413 7.5. A portfolio reflecting the student’s youth’s academic
414 and career and technical accomplishments, when age appropriate,
415 while in the Department of Juvenile Justice program.
416 (d) Establish Maintain model procedures for securing the
417 education record and the roles and responsibilities of the
418 juvenile probation officer and others involved in the withdrawal
419 of the student from school and assignment to a juvenile justice
420 education program commitment or detention facility. District
421 school boards shall respond to requests for student education
422 records received from another district school board or a
423 juvenile justice facility within 5 working days after receiving
424 the request.
425 (4) Each The Department of Education shall ensure that
426 district school board shall: boards
427 (a) Notify students in juvenile justice education programs
428 residential or nonresidential facilities who attain the age of
429 16 years of the provisions of law regarding compulsory school
430 attendance and make available the option of enrolling in a
431 program to attain a Florida high school diploma by taking the
432 high school equivalency examination before General Educational
433 Development test prior to release from the program facility.
434 District school boards or Florida College System institutions,
435 or both, shall waive GED testing fees for youth in Department of
436 Juvenile Justice residential programs and shall, upon request,
437 designate schools operating for the purpose of providing
438 educational services to students youth in Department of Juvenile
439 Justice programs. The Department of Education shall assist
440 juvenile justice education programs with becoming high school
441 equivalency examination centers as GED testing centers, subject
442 to GED testing center requirements. The administrative fees for
443 the General Educational Development test required by the
444 Department of Education are the responsibility of district
445 school boards and may be required of providers by contractual
446 agreement.
447 (b) Respond to requests for student education records
448 received from another district school board or a juvenile
449 justice education program within 5 working days after receiving
450 the request.
451 (c) Provide access to courses offered pursuant to ss.
452 1002.37, 1002.45, and 1003.498. School districts and providers
453 may enter into cooperative agreements for the provision of
454 curriculum associated with courses offered pursuant to s.
455 1003.498 to enable providers to offer such courses.
456 (d) Complete the assessment process required by subsection
457 (2).
458 (e) Monitor compliance with contracts for education
459 programs for students in juvenile justice prevention, day
460 treatment, residential, and detention programs.
461 (5) The Department of Education shall establish and
462 operate, either directly or indirectly through a contract, a
463 mechanism to provide accountability measures that annually
464 assesses and evaluates all juvenile justice education programs
465 using student performance data and program performance ratings
466 by type of program quality assurance reviews of all juvenile
467 justice education programs and shall provide technical
468 assistance and related research to district school boards and
469 juvenile justice education providers on how to establish,
470 develop, and operate educational programs that exceed the
471 minimum quality assurance standards. The Department of
472 Education, with input from the Department of Juvenile Justice,
473 school districts, and education providers, shall develop annual
474 recommendations for system and school improvement.
475 Section 5. Section 1003.52, Florida Statutes, is amended to
476 read:
477 1003.52 Educational services in Department of Juvenile
478 Justice programs.—
479 (1) The Legislature finds that education is the single most
480 important factor in the rehabilitation of adjudicated delinquent
481 youth in the custody of Department of Juvenile Justice programs.
482 It is the goal of the Legislature that youth in the juvenile
483 justice system continue to be allowed the opportunity to obtain
484 a high quality education. The Department of Education shall
485 serve as the lead agency for juvenile justice education
486 programs, curriculum, support services, and resources. To this
487 end, the Department of Education and the Department of Juvenile
488 Justice shall each designate a Coordinator for Juvenile Justice
489 Education Programs to serve as the point of contact for
490 resolving issues not addressed by district school boards and to
491 provide each department’s participation in the following
492 activities:
493 (a) Training, collaborating, and coordinating with the
494 Department of Juvenile Justice, district school boards, local
495 workforce boards and youth councils, educational contract
496 providers, and juvenile justice providers, whether state
497 operated or contracted.
498 (b) Collecting information on the academic, career
499 education, and transition performance of students in juvenile
500 justice programs and reporting on the results.
501 (c) Developing academic and career education protocols that
502 provide guidance to district school boards and juvenile justice
503 education providers in all aspects of education programming,
504 including records transfer and transition.
505 (d) Implementing a joint accountability, program
506 performance, and program improvement process Prescribing the
507 roles of program personnel and interdepartmental district school
508 board or provider collaboration strategies.
509
510 Annually, a cooperative agreement and plan for juvenile justice
511 education service enhancement shall be developed between the
512 Department of Juvenile Justice and the Department of Education
513 and submitted to the Secretary of Juvenile Justice and the
514 Commissioner of Education by June 30. The plan shall include, at
515 a minimum, each agency’s role regarding educational program
516 accountability, technical assistance, training, and coordination
517 of services.
518 (2) Students participating in Department of Juvenile
519 Justice programs pursuant to chapter 985 which are sponsored by
520 a community-based agency or are operated or contracted for by
521 the Department of Juvenile Justice shall receive education
522 educational programs according to rules of the State Board of
523 Education. These students shall be eligible for services
524 afforded to students enrolled in programs pursuant to s. 1003.53
525 and all corresponding State Board of Education rules.
526 (3) The district school board of the county in which the
527 juvenile justice education prevention, day treatment,
528 residential, or detention program residential or nonresidential
529 care facility or juvenile assessment facility is located shall
530 provide or contract for appropriate educational assessments and
531 an appropriate program of instruction and special education
532 services.
533 (a) The district school board shall make provisions for
534 each student to participate in basic, career education, and
535 exceptional student programs as appropriate. Students served in
536 Department of Juvenile Justice programs shall have access to the
537 appropriate courses and instruction to prepare them for the high
538 school equivalency examination GED test. Students participating
539 in high school equivalency examination GED preparation programs
540 shall be funded at the basic program cost factor for Department
541 of Juvenile Justice programs in the Florida Education Finance
542 Program. Each program shall be conducted according to applicable
543 law providing for the operation of public schools and rules of
544 the State Board of Education. School districts shall provide the
545 high school equivalency examination GED exit option for all
546 juvenile justice programs.
547 (b) By October 1, 2004, The Department of Education, with
548 the assistance of the school districts and juvenile justice
549 education providers, shall select a common student assessment
550 instrument and protocol for measuring student learning gains and
551 student progression while a student is in a juvenile justice
552 education program. The assessment instrument and protocol must
553 be implemented in all juvenile justice education programs in
554 this state by January 1, 2005.
555 (4) Educational services shall be provided at times of the
556 day most appropriate for the juvenile justice program. School
557 programming in juvenile justice detention, prevention, day
558 treatment, and residential commitment, and rehabilitation
559 programs shall be made available by the local school district
560 during the juvenile justice school year, as provided defined in
561 s. 1003.01(11). In addition, students in juvenile justice
562 education programs shall have access to courses offered pursuant
563 to ss. 1002.37, 1002.45, and 1003.498 Florida Virtual School
564 courses. The Department of Education and the school districts
565 shall adopt policies necessary to provide ensure such access.
566 (5) The educational program shall provide instruction based
567 on each student’s individualized transition plan, assessed
568 educational needs, and the education programs available in the
569 school district to which the student will return. Depending on
570 the student’s needs, educational programming may consist of
571 remedial courses, consist of appropriate basic academic courses
572 required for grade advancement, career education courses, high
573 school equivalency examination preparation, or exceptional
574 student education curricula and related services which support
575 the transition treatment goals and reentry and which may lead to
576 completion of the requirements for receipt of a high school
577 diploma or its equivalent. Prevention and day treatment juvenile
578 justice education programs, at a minimum, shall provide career
579 readiness and exploration opportunities as well as truancy and
580 dropout prevention intervention services. Residential juvenile
581 justice education programs with a contracted minimum length of
582 stay of 9 months shall provide career education courses that
583 lead to preapprentice certifications, industry certifications,
584 occupational completion points, or work-related certifications.
585 Residential programs with contracted lengths of stay of less
586 than 9 months may provide career education courses that lead to
587 preapprentice certifications, industry certifications,
588 occupational completion points, or work-related certifications.
589 If the duration of a program is less than 40 days, the
590 educational component may be limited to tutorial remediation
591 activities, and career employability skills instruction,
592 education counseling, and transition services that prepare
593 students for a return to school, the community, and their home
594 settings based on the students’ needs.
595 (6) Participation in the program by students of compulsory
596 school-attendance age as provided for in s. 1003.21 shall be
597 mandatory. All students of noncompulsory school-attendance age
598 who have not received a high school diploma or its equivalent
599 shall participate in the educational program, unless the student
600 files a formal declaration of his or her intent to terminate
601 school enrollment as described in s. 1003.21 and is afforded the
602 opportunity to take the general educational development test and
603 attain a Florida high school diploma before prior to release
604 from a juvenile justice education program facility. A student
605 youth who has received a high school diploma or its equivalent
606 and is not employed shall participate in workforce development
607 or other career or technical education or Florida College System
608 institution or university courses while in the program, subject
609 to available funding.
610 (7) An individualized A progress monitoring plan shall be
611 developed for all students not classified as exceptional
612 education students upon entry into a juvenile justice education
613 program and upon reentry into the school district who score
614 below the level specified in district school board policy in
615 reading, writing, and mathematics or below the level specified
616 by the Commissioner of Education on statewide assessments as
617 required by s. 1008.25. These plans shall address academic,
618 literacy, and career and technical life skills and shall include
619 provisions for intensive remedial instruction in the areas of
620 weakness.
621 (8) Each district school board shall maintain an academic
622 record for each student enrolled in a juvenile justice program
623 facility as prescribed by s. 1003.51. Such record shall
624 delineate each course completed by the student according to
625 procedures in the State Course Code Directory. The district
626 school board shall include a copy of a student’s academic record
627 in the discharge packet when the student exits the program
628 facility.
629 (9) Each The Department of Education shall ensure that all
630 district school board shall boards make provisions for high
631 school level students youth to earn credits toward high school
632 graduation while in residential and nonresidential juvenile
633 justice programs facilities. Provisions must be made for the
634 transfer of credits and partial credits earned.
635 (10) School districts and juvenile justice education
636 providers shall develop individualized transition plans during
637 the course of a student’s stay in a juvenile justice education
638 program to coordinate academic, career and technical, and
639 secondary and postsecondary services that assist the student in
640 successful community reintegration upon release. Development of
641 the transition plan shall be a collaboration of the personnel in
642 the juvenile justice education program, reentry personnel,
643 personnel from the school district to which the student will
644 return, the student, the student’s family, and the Department of
645 Juvenile Justice personnel for committed students.
646 (a) Transition planning must begin upon a student’s
647 placement in the program. The transition plan must include, at a
648 minimum:
649 1. Services and interventions that address the student’s
650 assessed educational needs and postrelease education plans.
651 2. Services to be provided during the program stay and
652 services to be implemented upon release, including, but not
653 limited to, continuing education in secondary school, career and
654 technical programs, postsecondary education, or employment,
655 based on the student’s needs.
656 3. Specific monitoring responsibilities of individuals who
657 are responsible for reintegration to determine whether the
658 individualized transition plan is being implemented and if the
659 student is being provided access to support services that will
660 sustain the student’s success. Individuals who are responsible
661 for reintegration shall coordinate such activities.
662 (b) For the purpose of transition planning and reentry
663 services, representatives from the school district and the one
664 stop center where the student will return shall participate as
665 members of the local Department of Juvenile Justice reentry
666 teams. The school district, upon return of a student from a
667 juvenile justice education program, must consider the individual
668 needs and circumstances of the student and the transition plan
669 recommendations when reenrolling a student in a public school. A
670 local school district may not maintain a standardized policy for
671 all students returning from a juvenile justice program but shall
672 place students based on their needs and their performance in the
673 program.
674 (c) The Department of Education and the Department of
675 Juvenile Justice shall provide oversight and guidance to school
676 districts, education providers, and reentry personnel on how to
677 implement effective educational transition planning and
678 services.
679 (11)(10) The district school board shall recruit and train
680 teachers who are interested, qualified, or experienced in
681 educating students in juvenile justice programs. Students in
682 juvenile justice programs shall be provided a wide range of
683 education educational programs and opportunities, including
684 textbooks, access to technology, instructional support, and
685 other resources commensurate with resources provided available
686 to students in public schools If the district school board
687 operates a juvenile justice education program at a juvenile
688 justice facility, the district school board, in consultation
689 with the director of the juvenile justice facility, shall select
690 the instructional personnel assigned to that program. The
691 Secretary of Juvenile Justice or the director of a juvenile
692 justice program may request that the performance of a teacher
693 assigned by the district to a juvenile justice education program
694 be reviewed by the district and that the teacher be reassigned
695 based upon an evaluation conducted pursuant to s. 1012.34 or for
696 inappropriate behavior Teachers assigned to educational programs
697 in juvenile justice settings in which the district school board
698 operates the educational program shall be selected by the
699 district school board in consultation with the director of the
700 juvenile justice facility. Educational programs in Juvenile
701 justice education programs facilities shall have access to the
702 substitute teacher pool used utilized by the district school
703 board.
704 (12)(11) District school boards may contract with a private
705 provider for the provision of education educational programs to
706 students youths placed with the Department of Juvenile Justice
707 and shall generate local, state, and federal funding, including
708 funding through the Florida Education Finance Program for such
709 students. The district school board’s planning and budgeting
710 process shall include the needs of Department of Juvenile
711 Justice programs in the district school board’s plan for
712 expenditures for state categorical and federal funds.
713 (13)(12)(a) Funding for eligible students enrolled in
714 juvenile justice education programs shall be provided through
715 the Florida Education Finance Program as provided in s. 1011.62
716 and the General Appropriations Act. Funding shall include, at a
717 minimum:
718 1. Weighted program funding or the basic amount for current
719 operation multiplied by the district cost differential as
720 provided in s. 1011.62(1)(s) 1011.62(1)(r) and (2);
721 2. The supplemental allocation for juvenile justice
722 education as provided in s. 1011.62(10);
723 3. A proportionate share of the district’s exceptional
724 student education guaranteed allocation, the supplemental
725 academic instruction allocation, and the instructional materials
726 allocation;
727 4. An amount equivalent to the proportionate share of the
728 state average potential discretionary local effort for
729 operations, which shall be determined as follows:
730 a. If the district levies the maximum discretionary local
731 effort and the district’s discretionary local effort per FTE is
732 less than the state average potential discretionary local effort
733 per FTE, the proportionate share shall include both the
734 discretionary local effort and the compression supplement per
735 FTE. If the district’s discretionary local effort per FTE is
736 greater than the state average per FTE, the proportionate share
737 shall be equal to the state average; or
738 b. If the district does not levy the maximum discretionary
739 local effort and the district’s actual discretionary local
740 effort per FTE is less than the state average potential
741 discretionary local effort per FTE, the proportionate share
742 shall be equal to the district’s actual discretionary local
743 effort per FTE. If the district’s actual discretionary local
744 effort per FTE is greater than the state average per FTE, the
745 proportionate share shall be equal to the state average
746 potential local effort per FTE; and
747 5. A proportionate share of the district’s proration to
748 funds available, if necessary.
749 (b) Juvenile justice education educational programs to
750 receive the appropriate FEFP funding for Department of Juvenile
751 Justice programs shall include those operated through a contract
752 with the Department of Juvenile Justice and which are under
753 purview of the Department of Juvenile Justice quality assurance
754 standards for education.
755 (c) Consistent with the rules of the State Board of
756 Education, district school boards are required to request an
757 alternative FTE survey for Department of Juvenile Justice
758 programs experiencing fluctuations in student enrollment.
759 (d) FTE count periods shall be prescribed in rules of the
760 State Board of Education and shall be the same for programs of
761 the Department of Juvenile Justice as for other public school
762 programs. The summer school period for students in Department of
763 Juvenile Justice programs shall begin on the day immediately
764 following the end of the regular school year and end on the day
765 immediately preceding the subsequent regular school year.
766 Students shall be funded for no more than 25 hours per week of
767 direct instruction.
768 (e) Each juvenile justice education program must receive
769 all federal funds for which the program is eligible.
770 (14)(13) Each district school board shall negotiate a
771 cooperative agreement with the Department of Juvenile Justice on
772 the delivery of educational services to students youths under
773 the jurisdiction of the Department of Juvenile Justice. Such
774 agreement must include, but is not limited to:
775 (a) Roles and responsibilities of each agency, including
776 the roles and responsibilities of contract providers.
777 (b) Administrative issues including procedures for sharing
778 information.
779 (c) Allocation of resources including maximization of
780 local, state, and federal funding.
781 (d) Procedures for educational evaluation for educational
782 exceptionalities and special needs.
783 (e) Curriculum and delivery of instruction.
784 (f) Classroom management procedures and attendance
785 policies.
786 (g) Procedures for provision of qualified instructional
787 personnel, whether supplied by the district school board or
788 provided under contract by the provider, and for performance of
789 duties while in a juvenile justice setting.
790 (h) Provisions for improving skills in teaching and working
791 with students referred to juvenile justice programs delinquents.
792 (i) Transition plans for students moving into and out of
793 juvenile programs facilities.
794 (j) Procedures and timelines for the timely documentation
795 of credits earned and transfer of student records.
796 (k) Methods and procedures for dispute resolution.
797 (l) Provisions for ensuring the safety of education
798 personnel and support for the agreed-upon education program.
799 (m) Strategies for correcting any deficiencies found
800 through the accountability and evaluation system and student
801 performance measures quality assurance process.
802 (15)(14) Nothing in this section or in a cooperative
803 agreement requires shall be construed to require the district
804 school board to provide more services than can be supported by
805 the funds generated by students in the juvenile justice
806 programs.
807 (16)(15)(a) The Department of Education, in consultation
808 with the Department of Juvenile Justice, district school boards,
809 and providers, shall adopt rules establishing: establish
810 (a) Objective and measurable student performance measures
811 to evaluate a student’s educational progress while participating
812 in a prevention, day treatment, or residential program. The
813 student performance measures must be based on appropriate
814 outcomes for all students in juvenile justice education
815 programs, taking into consideration the student’s length of stay
816 in the program. Performance measures shall include outcomes that
817 relate to student achievement of career education goals,
818 acquisition of employability skills, receipt of a high school
819 diploma, and grade advancement.
820 (b) A performance rating system to be used by the
821 Department of Education to evaluate quality assurance standards
822 for the delivery of educational services within each of the
823 juvenile justice programs. The performance rating shall be
824 primarily based on data regarding student performance as
825 described in paragraph (a) component of residential and
826 nonresidential juvenile justice facilities.
827 (c) The timeframes, procedures, and resources to be used to
828 improve a low-rated educational program or to terminate or
829 reassign the program These standards shall rate the district
830 school board’s performance both as a provider and contractor.
831 The quality assurance rating for the educational component shall
832 be disaggregated from the overall quality assurance score and
833 reported separately.
834 (d)(b) The Department of Education shall develop A
835 comprehensive accountability and program improvement quality
836 assurance review process in partnership with the Department of
837 Juvenile Justice. The accountability and program improvement
838 process shall be based on student performance measures by type
839 of program and shall rate education program performance. The
840 accountability system shall identify and recognize high
841 performing education programs. The Department of Education, in
842 partnership with the Department of Juvenile Justice, shall also
843 identify low-performing programs. Low-performing education
844 programs shall receive an onsite program evaluation from the
845 Department of Juvenile Justice. School improvement, technical
846 assistance, or the reassignment of the program shall be based,
847 in part, on the results of the program evaluation. Through a
848 corrective action process, low-performing programs must
849 demonstrate improvement or reassign the program and schedule for
850 the evaluation of the educational component in juvenile justice
851 programs. The Department of Juvenile Justice quality assurance
852 site visit and the education quality assurance site visit shall
853 be conducted during the same visit.
854 (c) The Department of Education, in consultation with
855 district school boards and providers, shall establish minimum
856 thresholds for the standards and key indicators for educational
857 programs in juvenile justice facilities. If a district school
858 board fails to meet the established minimum standards, it will
859 be given 6 months to achieve compliance with the standards. If
860 after 6 months, the district school board’s performance is still
861 below minimum standards, the Department of Education shall
862 exercise sanctions as prescribed by rules adopted by the State
863 Board of Education. If a provider, under contract with the
864 district school board, fails to meet minimum standards, such
865 failure shall cause the district school board to cancel the
866 provider’s contract unless the provider achieves compliance
867 within 6 months or unless there are documented extenuating
868 circumstances.
869 (d) The requirements in paragraphs (a), (b), and (c) shall
870 be implemented to the extent that funds are available.
871 (17) The department, in collaboration with the Department
872 of Juvenile Justice, shall monitor and report on the educational
873 performance of students in commitment, day treatment,
874 prevention, and detention programs. The report by the Department
875 of Education must include, at a minimum, the number and
876 percentage of students who:
877 (a) Return to an alternative school, middle school, or high
878 school upon release and the attendance rate of such students
879 before and after participation in juvenile justice education
880 programs.
881 (b) Receive a standard high school diploma or a high school
882 equivalency diploma.
883 (c) Receive industry certification.
884 (d) Receive occupational completion points.
885 (e) Enroll in a postsecondary educational institution.
886 (f) Complete a juvenile justice education program without
887 reoffending.
888 (g) Reoffend within 1 year after completion of a day
889 treatment or residential commitment program.
890 (h) Remain employed 1 year after completion of a day
891 treatment or residential commitment program.
892
893 The results of this report shall be included in the report
894 required by s. 985.632.
895 (18)(16) The district school board may shall not be charged
896 any rent, maintenance, utilities, or overhead on such
897 facilities. Maintenance, repairs, and remodeling of existing
898 facilities shall be provided by the Department of Juvenile
899 Justice.
900 (19)(17) When additional facilities are required, the
901 district school board and the Department of Juvenile Justice
902 shall agree on the appropriate site based on the instructional
903 needs of the students. When the most appropriate site for
904 instruction is on district school board property, a special
905 capital outlay request shall be made by the commissioner in
906 accordance with s. 1013.60. When the most appropriate site is on
907 state property, state capital outlay funds shall be requested by
908 the Department of Juvenile Justice provided by s. 216.043 and
909 shall be submitted as specified by s. 216.023. Any instructional
910 facility to be built on state property shall have educational
911 specifications jointly developed by the district school board
912 and the Department of Juvenile Justice and approved by the
913 Department of Education. The size of space and occupant design
914 capacity criteria as provided by State Board of Education rules
915 shall be used for remodeling or new construction whether
916 facilities are provided on state property or district school
917 board property.
918 (20)(18) The parent of an exceptional student shall have
919 the due process rights provided for in this chapter.
920 (21)(19) The Department of Education and the Department of
921 Juvenile Justice, after consultation with and assistance from
922 local providers and district school boards, shall collect data
923 report annually to the Legislature by February 1 on the progress
924 toward developing effective education educational programs for
925 juvenile delinquents, including the amount of funding provided
926 by district school boards to juvenile justice programs;, the
927 amount retained for administration, including documenting the
928 purposes for such expenses;, the status of the development of
929 cooperative agreements; education program performance, the
930 results, including the identification of high- and low
931 performing programs and aggregate student performance results;
932 of the quality assurance reviews including recommendations for
933 system improvement;, and information on the identification of,
934 and services provided to, exceptional students in juvenile
935 justice programs commitment facilities to determine whether
936 these students are properly reported for funding and are
937 appropriately served.
938 (22)(20) The education educational programs at the Arthur
939 Dozier School for Boys in Jackson County and the Florida School
940 for Boys in Okeechobee shall be operated by the Department of
941 Education, either directly or through grants or contractual
942 agreements with other public or duly accredited education
943 agencies approved by the Department of Education.
944 (23)(21) The State Board of Education shall may adopt any
945 rules necessary to implement the provisions of this section,
946 including uniform curriculum, funding, and second chance
947 schools. Such rules must require the minimum amount of paperwork
948 and reporting.
949 (24)(22) The Department of Juvenile Justice and the
950 Department of Education, in consultation with Workforce Florida,
951 Inc., the statewide Workforce Development Youth Council,
952 district school boards, Florida College System institutions,
953 providers, and others, shall jointly develop a multiagency plan
954 for career education which describes the funding, curriculum,
955 transfer of credits, goals, and outcome measures for career
956 education programming in juvenile commitment facilities,
957 pursuant to s. 985.622. The plan must be reviewed annually.
958 Section 6. Paragraph (b) of subsection (18) of section
959 1001.42, Florida Statutes, is amended to read:
960 1001.42 Powers and duties of district school board.—The
961 district school board, acting as a board, shall exercise all
962 powers and perform all duties listed below:
963 (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.
964 Maintain a state system of school improvement and education
965 accountability as provided by statute and State Board of
966 Education rule. This system of school improvement and education
967 accountability shall be consistent with, and implemented
968 through, the district’s continuing system of planning and
969 budgeting required by this section and ss. 1008.385, 1010.01,
970 and 1011.01. This system of school improvement and education
971 accountability shall comply with the provisions of ss. 1008.33,
972 1008.34, 1008.345, and 1008.385 and include the following:
973 (b) Public disclosure.—The district school board shall
974 provide information regarding the performance of students and
975 educational programs as required pursuant to ss. 1008.22 and
976 1008.385 and implement a system of school reports as required by
977 statute and State Board of Education rule which shall include
978 schools operating for the purpose of providing educational
979 services to students youth in Department of Juvenile Justice
980 programs, and for those schools, report on the elements
981 specified in s. 1003.52(16) 1003.52(19). Annual public
982 disclosure reports shall be in an easy-to-read report card
983 format and shall include the school’s grade, high school
984 graduation rate calculated without high school equivalency
985 examinations GED tests, disaggregated by student ethnicity, and
986 performance data as specified in state board rule.
987 Section 7. The Division of Law Revision and Information is
988 requested to prepare a reviser’s bill for introduction at the
989 next regular session of the Legislature to change the terms
990 “General Educational Development test” or “GED test” to “high
991 school equivalency examination” and the terms “general education
992 diploma,” “graduate equivalency diploma,” or “GED” to “high
993 school equivalency diploma” wherever those terms appear in the
994 Florida Statutes.
995 Section 8. This act shall take effect July 1, 2013.
