Bill Text: FL S1406 | 2013 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
Florida Senate - 2013 SB 1406 By Senator Bean 4-00522A-13 20131406__ 1 A bill to be entitled 2 An act relating to juvenile justice education 3 programs; amending s. 985.632, F.S.; conforming a 4 cross-reference; amending s. 1001.42, F.S.; conforming 5 a cross-reference; amending s. 1003.51, F.S.; revising 6 the content of rules relating to expectations for 7 education programs for youth in certain Department of 8 Juvenile Justice programs; requiring that assessments 9 of students in all juvenile justice programs be 10 completed within a specified time period; specifying 11 recommended instructional programs in juvenile justice 12 education programs; increasing percentage of Florida 13 Education Finance Program (FEFP) funds required to be 14 spent on students in juvenile justice programs; 15 requiring a certain percentage of specified federal 16 funds to be spent on students in juvenile justice 17 programs; requiring standardization of qualifications 18 for juvenile justice education instructors across the 19 state and procedures for use of non-certified 20 instruction personnel; specifying minimum contract 21 requirements for juvenile justice education programs; 22 authorizing immediate sanctions for district school 23 boards whose juvenile justice education programs are 24 considered unsatisfactory; specifying minimum contract 25 requirements for the delivery of education services to 26 youth in juvenile justice programs; requiring the 27 Department of Juvenile Justice to ensure that school 28 district personnel are trained to manage and monitor 29 contracts for juvenile justice education programs; 30 requiring the Department of Juvenile Justice, district 31 school boards, and education providers to maintain a 32 student’s education transition plan and career and 33 technical accomplishments as part of a student’s 34 education record; funding a program to pay GED testing 35 fees for youth in juvenile justice education programs 36 and ensuring that eligible youth have access to GED 37 testing; deleting provision requiring district school 38 boards or Florida College system institutions to waive 39 GED testing fees for youth in juvenile justice 40 programs, designate schools as GED testing centers, or 41 pay administrative fees for the GED test; requiring 42 the Department of Education to establish an 43 accountability system that annually evaluates all 44 juvenile justice education programs using student 45 performance measures; requiring the Department of 46 Education to collaborate with certain entities to 47 develop annual recommendations for system and school 48 improvement; amending s. 1003.52, F.S.; providing 49 legislative intent relating to educational services in 50 juvenile justice programs; requiring the participation 51 of the Department of Education and the Department of 52 Juvenile Justice in certain activities related to 53 juvenile justice education programs by each 54 department’s respective Coordinator of Juvenile 55 Justice Programs; requiring that the annual 56 cooperative agreement plan between the Department of 57 Education and the Department of Juvenile Justice 58 address each agency’s role regarding educational 59 program accountability, technical assistance, 60 training, and coordination of services; requiring 61 district schools in counties where juvenile justice 62 programs are located to provide or contract for 63 educational services and programs of instruction; 64 providing that students in juvenile justice education 65 programs that test for the GED remain enrolled in the 66 education program for the duration of the FTE period 67 in which they are tested; requiring juvenile justice 68 education providers to assist the Department of 69 Education in selecting student assessment instruments 70 for measuring student performance; requiring local 71 school districts to provide access to virtual 72 education courses for students in juvenile justice 73 education programs; prescribing fees chargeable to 74 juvenile justice education programs for virtual 75 courses accessed through local school districts; 76 prescribing the basis and content of a youth’s 77 educational program within juvenile justice programs; 78 requiring minimum course offerings and services from 79 specified juvenile justice programs; requiring that a 80 progress monitoring plan be developed for certain 81 students; prescribing content of progress monitoring 82 plans; requiring that the Department of Education and 83 the Department of Juvenile Justice ensure the 84 development of education transition plans for youth in 85 juvenile justice programs; specifying criteria 86 regarding the development, content and implementation 87 of education transition plans; requiring local school 88 districts to consider needs of students and education 89 transition plans when students reenter school 90 districts; prohibiting local school districts from 91 maintaining a general policy regarding youth returning 92 from juvenile justice programs; providing that the 93 Secretary of the Department of Juvenile Justice or the 94 director of a juvenile justice program can request 95 review of a teacher’s performance or request teacher 96 reassignment for poor performance or inappropriate 97 behavior; specifying certain juvenile justice programs 98 to receive year-round FEFP funding; prescribing the 99 method and amount of funding for students in juvenile 100 justice programs; requiring the Department of 101 Education to fund students in juvenile justice 102 education programs who have graduated or received 103 their GEDs; requiring that the effectiveness of 104 juvenile justice education programs be determined by 105 information gathered through systematic data 106 collection, data analysis, evaluations, and 107 accountability system; requiring that the programs be 108 evaluated based on student performance outcomes; 109 specifying student performance outcomes; establishing 110 a program rating system based upon student performance 111 measures; deleting a provision allowing school 112 districts or education providers who fail to meet 113 minimum standards a 6-month period to achieve 114 compliance before being subject to sanctions adopted 115 by board rules; deleting provisions requiring the 116 Department of Education to operate an educational 117 program at the Arthur Dozier School for Boys; 118 requiring additional areas to be addressed in the 119 Department of Juvenile Justice and the Department of 120 Education annual report to the Legislature on 121 effective educational programs for juvenile 122 delinquents; requiring the State Board of Education to 123 adopt rules; amending s. 1011.62, F.S.; revising 124 calculation for the allocation of funds to juvenile 125 justice education programs from the FEFP; providing an 126 effective date. 127 128 Be It Enacted by the Legislature of the State of Florida: 129 130 Section 1. Subsection (3) of section 985.632, Florida 131 Statutes, is amended to read: 132 985.632 Quality assurance and cost-effectiveness.— 133 (3) The department shall annually collect and report cost 134 data for every program operated or contracted by the department. 135 The cost data shall conform to a format approved by the 136 department and the Legislature. Uniform cost data shall be 137 reported and collected for state-operated and contracted 138 programs so that comparisons can be made among programs. The 139 department shall ensure that there is accurate cost accounting 140 for state-operated services including market-equivalent rent and 141 other shared cost. The cost of the educational program provided 142 to a residential facility shall be reported and included in the 143 cost of a program. The department shall submit an annual cost 144 report to the President of the Senate, the Speaker of the House 145 of Representatives, the Minority Leader of each house of the 146 Legislature, the appropriate substantive and fiscal committees 147 of each house of the Legislature, and the Governor, no later 148 than December 1 of each year. Cost-benefit analysis for 149 educational programs will be developed and implemented in 150 collaboration with and in cooperation with the Department of 151 Education, local providers, and local school districts. Cost 152 data for the report shall include data collected by the 153 Department of Education for the purposes of preparing the annual 154 report required by s. 1003.52(20)1003.52(19). 155 Section 2. Paragraph (b) of subsection (18) of section 156 1001.42, Florida Statutes, is amended to read: 157 1001.42 Powers and duties of district school board.—The 158 district school board, acting as a board, shall exercise all 159 powers and perform all duties listed below: 160 (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY. 161 Maintain a state system of school improvement and education 162 accountability as provided by statute and State Board of 163 Education rule. This system of school improvement and education 164 accountability shall be consistent with, and implemented 165 through, the district’s continuing system of planning and 166 budgeting required by this section and ss. 1008.385, 1010.01, 167 and 1011.01. This system of school improvement and education 168 accountability shall comply with the provisions of ss. 1008.33, 169 1008.34, 1008.345, and 1008.385 and include the following: 170 (b) Public disclosure.—The district school board shall 171 provide information regarding the performance of students and 172 educational programs as required pursuant to ss. 1008.22 and 173 1008.385 and implement a system of school reports as required by 174 statute and State Board of Education rule which shall include 175 schools operating for the purpose of providing educational 176 services to youth in Department of Juvenile Justice programs, 177 and for those schools, report on the elements specified in s. 178 1003.52(20)1003.52(19). Annual public disclosure reports shall 179 be in an easy-to-read report card format and shall include the 180 school’s grade, high school graduation rate calculated without 181 GED tests, disaggregated by student ethnicity, and performance 182 data as specified in state board rule. 183 Section 3. Subsections (2) through (5) of section 1003.51, 184 Florida Statutes, are amended to read: 185 1003.51 Other public educational services.— 186 (2) The State Board of Education shall adopt rulesand187maintain an administrativerulearticulating expectations for 188 effective education programs for youth in Department of Juvenile 189 Justice programs, including, but not limited to, education 190 programs in juvenile justice prevention, day treatment, 191 residential,commitmentand detention facilities. The rules must 192ruleshallarticulate the following policies and standards for 193 education programsfor youth in Department of Juvenile Justice194programs and shall include the following: 195 (a) The interagency collaborative process needed to ensure 196 effective programs with measurable results. 197 (b) The responsibilities of the Department of Education, 198 the Department of Juvenile Justice, Workforce Florida, Inc., 199 district school boards, and providers of education services to 200 youth in Department of Juvenile Justice programs. 201 (c) Academic expectations. 202 (d) Career and technical expectations. 203 (e) Education transition planning and services. 204 (f)(d)Service delivery options available to district 205 school boards, including direct service and contracting. 206 (g)(e)Assessment procedures, which: 207 1. Include appropriate academic and career assessments 208 administered at program entry and exit whichthatare selected 209 by the Department of Education in partnership with 210 representatives from the Department of Juvenile Justice, 211 district school boards, and education providers. 212 2. Require district school boards to be responsible for 213 ensuring the completion of the assessment process. 2143. Require assessments for students in detention who will215move on to commitment facilities, to be designed to create the216foundation for developing the student’s education program in the217assigned commitment facility.218 3.4.Require assessments of students in juvenile justice 219 education programssent directly to commitment facilitiesto be 220 completed within the first 10 school days afterofthe student’s 221 entry into the programcommitment. The results of these 222 assessments, together with a portfolio depicting the student’s 223 academic and career accomplishments, mustshallbe included in 224 the discharge package assembled for each youth. 225 (h)(f)Recommended instructional programs, including, but 226 not limited to, programs in secondary education, GED 227 preparation, postsecondary education, career training, and job 228 preparation. 229 (i)(g)Funding requirements, which mustshallinclude the 230 requirement that: 231 1. At least 9590percent of the FEFP funds generated by 232 students in Department of Juvenile Justice programs or in an 233 education program for juveniles under s. 985.19 be spent on 234 instructional costs for those students;.235 2. One hundred percent of the formula-based categorical 236 funds generated by students in Department of Juvenile Justice 237 programsmustbe spent on appropriate categoricals such as 238 instructional materials and public school technology for those 239 students; and.240 3. Ninety percent of federal Title I, Part D funds 241 generated by students in Department of Juvenile Justice programs 242 be spent directly on educational and transition services for 243 those students. 244 (j)(h)Qualifications of instructional staff, procedures 245 for the selection of instructional staff, and procedures to 246 ensure consistent instruction and qualified staff year round. 247 The qualifications for career and technical education 248 instructors must be standardized across the state and based on 249 state certification, local school district approval, industry 250 recognized credentials or industry training, and procedures for 251 the use of noncertified instruction personnel who possess expert 252 knowledge or experience in their field of instruction. 253 (k)(i)Transition services, including the roles and 254 responsibilities of appropriate personnel in the juvenile 255 justice education program, the school district in which the 256 youth will reenterdistricts, provider organizations, and the 257 Department of Juvenile Justice. 258 (l)(j)Procedures and timeframe for transfer of education 259 records when a youth enters and leaves a Department of Juvenile 260 Justice education programfacility. 261 (m)(k)The requirement that each district school board 262 maintain an academic transcript for each student enrolled in a 263 juvenile justice education programfacilitythat delineates each 264 course completed by the student as provided by the State Course 265 Code Directory. 266 (n)(l)The requirement that each district school board make 267 available and transmit a copy of a student’s transcript in the 268 discharge packet when the student exits a juvenile justice 269 education programfacility. 270 (o)(m)Minimum contract requirements, including, but not 271 limited to, payments, contract management, data reporting, FTE 272 reporting, and access to district services such as ESE, virtual 273 education and career technical education. 274 (p)(n)Performance expectations for providers and district 275 school boards, including student performance measures that are 276 appropriate to the student population being served, educational 277 program performance ratings, school improvement plans, and 278 corrective action plans for low-performing programsthe279provision of a progress monitoring plan as required in s.2801008.25. 281 (q)(o)The role and responsibility of the district school 282 board in securing workforce development funds. 283 (r)(p)A series of graduated sanctions for district school 284 boards whose educational programs in Department of Juvenile 285 Justice programsfacilitiesare considered to be unsatisfactory 286 and for instances in which district school boards fail to meet 287 standards prescribed by law, rule, or State Board of Education 288 policy. These sanctions mustshallinclude the option of 289 requiring a district school board to contract with a provider or 290 another district school board to provide education programs in 291 Department of Juvenile Justice programsif the educational292program at the Department of Juvenile Justice facility has293failed a quality assurance review and, after 6 months, is still294performing below minimum standards. 295 (s)(q)Curriculum, guidance counseling, transition, and 296 education services expectations, including curriculum 297 flexibility for detention centers operated by the Department of 298 Juvenile JusticeOther aspects of program operations. 299 (t) Other aspects of program operations. 300 (3) The Department of Education in partnership with the 301 Department of Juvenile Justice, the district school boards, and 302 providers shall: 303 (a) Develop and maintain contract and cooperative agreement 304 requirementsMaintain model contractsfor the delivery of 305 appropriate education services to youth in Department of 306 Juvenile Justice programsto be used for the development of307future contracts. The minimum contract requirements must include 308 payments, access to district services, contract management, data 309 reporting, FTE reporting, the administration of federal programs 310 such as Title I of the Elementary and Secondary Education Act of 311 1965, 20 U.S.C. s. 6301 et seq., exceptional student education, 312 and the Carl D. Perkins Career and Technical Education Act of 313 2006, 20 U.S.C. s. 2301 et seq., andmodel contracts shall314reflectthe policy and standards included in subsection (2). The 315 Department of Education, in partnership with the Department of 316 Juvenile Justice, shall ensure that appropriate district school 317 board personnel are trained and held accountable for the 318 management and monitoring of contracts for education programs 319 for youth in juvenile justice prevention, day treatment, 320 residential, and detention programsnonresidential facilities. 321 (b) Maintain model procedures for transitioning youth into 322 and out of Department of Juvenile Justice education programs. 323 These procedures mustshallreflect the policy and standards 324 adopted pursuant to subsection (2). 325 (c) Maintain standardized required content of education 326 records to be included as part of a youth’s commitment record. 327 These requirements mustshallreflect the policy and standards 328 adopted pursuant to subsection (2) andshallinclude, but not be 329 limited to, the following: 330 1. A copy of the student’s education transitionindividual331educationalplan. 332 2. Assessment data, including grade level proficiency in 333 reading,writing,and mathematics,and performance on tests 334 taken pursuantaccordingto s. 1008.22. 335 3. A copy of the student’s permanent cumulative record. 336 4. A copy of the student’s academic transcript. 337 5. A portfolio reflecting the youth’s academic, career, and 338 technical accomplishments, if age appropriate, while in the 339 Department of Juvenile Justice program. 340 (d) Maintain model procedures for securing the education 341 record and the roles and responsibilities of the juvenile 342 probation officer and others involved in the withdrawal of the 343 student from school and assignment to a juvenile justice 344 education programa commitment or detention facility. District 345 school boards shall respond to requests for student education 346 records received from another district school board or a 347 juvenile justice facility within 5 working days after receiving 348 the request. 349 (4) The Department of Education shall ensure that district 350 school boards notify students in juvenile justice education 351 programsresidential or nonresidential facilitieswho attainthe352age of16 years of age of the provisions of law regarding 353 compulsory school attendance and make available the option of 354 enrolling in a program to attain a Florida high school diploma 355 by taking the General Educational Development (GED) test as 356 authorized by s. 1003.435 beforeprior torelease from the 357 program. Juvenile justice programs shall receive funds through 358 the FEFP to pay thefacility. District school boards or Florida359College System institutions, or both, shall waiveGED testing 360 fees for youth who pass the GED in whole or in part while in a 361 Department of Juvenile Justice education programresidential362programsand shall, upon request, designate schools operating363for the purpose of providing educational services to youth in364Department of Juvenile Justice programs as GED testing centers,365subject to GED testing center requirements. The administrative366fees for the General Educational Development test required by367the Department of Education are the responsibility of district368school boards and may be required of providers by contractual369agreement. 370 (5) The Department of Education shall establish and 371 operate,eitherdirectly or indirectly through a contract, an 372 accountability system that annually assesses and evaluates all 373 juvenile justice education programs using student performance 374 measures that are appropriate for the student population served 375 and program performance ratings,a mechanism to providequality376assurance reviews of all juvenile justice education programsand 377 shall provide technical assistance, and related research to 378 district school boards and education providers. The Department 379 of Education, with input from the Department of Juvenile 380 Justice, school districts, and education providers, shall 381 develop annual recommendations for the accountability system and 382 the improvement of the education programson how to establish,383develop, and operate educational programs that exceed the384minimum quality assurance standards. 385 Section 4. Section 1003.52, Florida Statutes, is amended to 386 read: 387 1003.52 Educational services in Department of Juvenile 388 Justice programs.— 389 (1) The Legislature finds that education is the single most 390 important factor in the rehabilitation of adjudicated delinquent 391 youth in the custody of Department of Juvenile Justice programs. 392 It is the goal of the Legislature that youth in the juvenile 393 justice system continue to havebe allowedthe opportunity to 394 obtain a high quality education that includes academic, career, 395 and technical education and that results in educational gains 396 and outcomes leading to continuing education or meaningful 397 employment after release. The Department of Education shall 398 serve as the lead agency for juvenile justice education 399 programs, curriculum, support services, and resources. To this 400 end, the Department of Education and the Department of Juvenile 401 Justice shall each designate a Coordinator for Juvenile Justice 402 Education Programs to serve as the point of contact for 403 resolving issues not addressed by district school boards and to 404 provide each department’s participation in the following 405 activities: 406 (a) Training, collaborating, and coordinating withthe407Department of Juvenile Justice,district school boards, local 408 work force boards, youth councils, educational contract 409 providers, and juvenile justice providers, whether state 410 operated or contracted. 411 (b) Collecting information on the academic, career and 412 technical education, and transition performance of students in 413 juvenile justice programs and reporting on the results. 414 (c) Developing academic,andcareer, and technical 415 education protocols that provide guidance to district school 416 boards and juvenile justice education providers in all aspects 417 of education programming, including records transfer and 418 transition. 419 (d) Implementing a joint accountability, program 420 performance and school improvement system.Prescribing the roles421of program personnel and interdepartmental district school board422or provider collaboration strategies.423 424 Annually, a cooperative agreement and plan for juvenile justice 425 education service enhancement shall be developed between the 426 Department of Juvenile Justice and the Department of Education 427 and submitted to the Secretary of Juvenile Justice and the 428 Commissioner of Education by June 30. The plan must, at a 429 minimum, include each agency’s role regarding educational 430 program accountability, technical assistance, training, and 431 coordination of services. 432 (2) Students participating in Department of Juvenile 433 Justice programs pursuant to chapter 985 which are sponsored by 434 a community-based agency or are operated or contracted for by 435 the Department of Juvenile Justice shall receive educational 436 programs according to rules of the State Board of Education. 437 These students areshall beeligible for services afforded to 438 students enrolled in programs pursuant to s. 1003.53 and all 439 corresponding State Board of Education rules. 440 (3) The district school board of the county in which the 441 juvenile justice education prevention, day treatment, 442 residential, or detention programresidential or nonresidential443care facility or juvenile assessment facilityis located shall 444 provide, or contract for, appropriate educational assessments 445 and an appropriate program of instruction and special education 446 services. 447 (a) The district school board shall make provisions for 448 each student to participate in basic, career education, and 449 exceptional student programs as appropriate. Students served in 450 Department of Juvenile Justice programs mustshallhave access 451 to the appropriate courses and instruction to prepare them for 452 the GED test. Students participating in GED preparation programs 453 mustshallbe funded at the basic program cost factor for 454 Department of Juvenile Justice programs in the Florida Education 455 Finance Program. Students in juvenile justice education programs 456 who test for the GED shall remain eligible for FEFP funds for 457 the duration of the FTE period in which they are tested. Each 458 program mustshallbe conducted according to applicable law 459 providing for the operation of public schools and rules of the 460 State Board of Education. School districts shall provide the GED 461 exit option for all juvenile justice programs. 462 (b) TheBy October 1, 2004, theDepartment of Education, 463 with the assistance of the school districts and the juvenile 464 justice education providers, shall select a common student 465 assessment instrument and protocol for measuring student 466 learning gains and student progression while a student is in a 467 juvenile justice education program. The assessment instrument 468 and protocol must be implemented in all state juvenile justice 469 education programsin this state by January 1, 2005. 470 (4) Educational services mustshallbe provided at times of 471 the day most appropriate for the juvenile justice program. 472 School programming in juvenile justice detention, prevention, 473 day treatment, and residentialcommitment, and rehabilitation474 programs mustshallbe made available by the local school 475 district during the juvenile justice school year, as described 476definedin s. 1003.01(11). In addition, students in juvenile 477 justice education programs mustshallhave access to Florida 478 Virtual School courses and local virtual education courses 479 offered through the virtual schools that are operated by the 480 school district or through providers of virtual education. 481 Juvenile justice education programs may not be charged FTE for 482 virtual courses accessed through the school district which are 483 for credit recovery or are offered to youth beyond the 300 484 minute daily requirement of instruction. The Department of 485 Education and the school districts shall adopt policies 486 necessary to ensure such access. 487 (5) The educational program must be based on each youth’s 488 reentry plan and assessed educational needs. Depending on the 489 youth’s needs, educational programming mustshallconsist of 490 remediation courses,appropriate basicacademic courses required 491 for grade advancement, career and technical education, GED 492 preparation, or exceptional curricula and related services that 493whichsupport the transitiontreatmentgoals and reentry and 494 thatwhichmay lead to completion of the requirements for 495 receipt of a high school diploma or its equivalent. Prevention 496 and day treatment education programs, at a minimum, must provide 497 career readiness and exploration as well as truancy and dropout 498 prevention intervention services. Residential juvenile justice 499 education programs that have a contracted minimum length of stay 500 of 9 months must provide career and technical course offerings 501 that lead to preapprentice certifications, industry 502 certifications, occupational completion points, or work-related 503 certifications. Residential programs with contracted lengths of 504 stay of less than 9 months may provide career and technical 505 course offerings that lead to preapprentice certifications, 506 industry certifications, occupational completion points, or 507 work-related certifications. If the duration of a program is 508 less than 40 days, the educational component may be limited to 509 tutorial remediation activities,andcareer employability 510 skills, educational counseling, and transition services that 511 prepare youth for a return to school, the community, and home 512 settings based on the youth’s needs. 513 (6) Participation in the program by students of compulsory 514 school-attendance age as providedforin s. 1003.21 isshall be515 mandatory. All students of noncompulsory school-attendance age 516 who have not received a high school diploma or its equivalent 517 shall participate in the educational program, unless the student 518 files a formal declaration of his or her intent to terminate 519 school enrollment as described in s. 1003.21 and is afforded the 520 opportunity to take the general educational development test and 521 attain a Florida high school diploma beforeprior torelease 522 from a juvenile justice education programfacility. A youth who 523 has received a high school diploma or its equivalent and is not 524 employed shall participate in workforce development,orother 525 career or technical education, or Florida College System 526 institution or university courses while in the program, subject 527 to the availability ofavailablefunding. 528 (7) A progress monitoring plan mustshallbe developed for 529 all students who are not exceptional studentswho score below530the level specified in district school board policy in reading,531writing, and mathematics or below the level specified by the532Commissioner of Education on statewide assessments as required533by s.1008.25. These plans mustshalladdress academic, 534 literacy, and career and technicallifeskills andshallinclude 535 provisions for intensive remedial instruction in the areas of 536 weakness. 537 (8) Each district school board shall maintain an academic 538 record for each student enrolled in a juvenile justice program 539facilityas prescribed by s. 1003.51. Such record mustshall540 delineate each course completed by the student according to 541 procedures in the State Course Code Directory. The district 542 school board shall include a copy of a student’s academic record 543 in the discharge packet when the student exits the program 544facility. 545 (9) The Department of Education shall ensure that all 546 district school boards make provisions for high school level 547 youth to earn credits toward high school graduation while in 548 residential and nonresidential juvenile justice facilities. 549 Provisions must be made for the transfer of credits and partial 550 credits earned. 551 (10) The Department of Education, in partnership with the 552 Department of Juvenile Justice, shall ensure that school 553 districts and juvenile justice education providers develop 554 educational transition plans during the course of a youth’s stay 555 in a juvenile justice education program in order to coordinate 556 academic, career, technical, secondary, and postsecondary 557 services that assist the youth in successful community 558 reintegration upon release. 559 (a) Transition planning must begin upon a youth’s placement 560 in the program. The transition plan must, at a minimum, include: 561 1. Services and interventions that address the youth’s 562 assessed educational needs and postrelease educational plans. 563 2. Services to be provided during the program stay and 564 services to be implemented upon release, including, but not 565 limited to, continuing education in secondary school, career and 566 technical programs, postsecondary education, or employment, 567 based on the youth’s needs. 568 (b) Personnel in the juvenile justice education program, 569 reentry personnel, personnel from the school district where the 570 youth will return, the youth, the youth’s family, and the 571 Department of Juvenile Justice personnel for committed youth, if 572 possible, shall collaborate to develop the transition plan. 573 (c) Individuals who are responsible for reintegration shall 574 coordinate activities to ensure that the transition plan is 575 implemented and the youth is provided access to support services 576 that sustain the youth’s success. 577 (d) For the purpose of transition planning and reentry 578 services, local school district and workforce representatives 579 shall participate as members of the local Department of Juvenile 580 Justice reentry teams. A local school district must consider the 581 individual needs and circumstances of the youth and the 582 transition plan recommendations when enrolling a youth back into 583 the school district. A local school district may not maintain a 584 blanket policy for all youth returning from a juvenile justice 585 program. 586 (e) The Department of Education and the Department of 587 Juvenile Justice shall provide oversight and guidance to school 588 districts, educational providers, and reentry personnel on how 589 to implement effective educational transition planning and 590 services. 591 (11)(10)The district school board shall recruit and train 592 teachers who are interested, qualified, or experienced in 593 educating students in juvenile justice programs. Students in 594 juvenile justice programs mustshallbe provided a wide range of 595 educational programs and opportunities including textbooks, 596 technology, instructional support, and other resources available 597 to students in public schools. Teachers assigned to educational 598 programs in juvenile justice settings in which the district 599 school board operates the educational program mustshallbe 600 selected by the district school board in consultation with the 601 director of the juvenile justice program. The Secretary of the 602 Department of Juvenile Justice or the director of a juvenile 603 justice program may request that a school district teacher’s 604 performance be reviewed by the district or that the teacher be 605 reassigned based on evidence of poor performance or 606 inappropriate behavior. Juvenilefacility. Educational programs607in juvenilejustice education programs mustfacilitiesshall608 have access to the substitute teacher pool usedutilizedby the 609 district school board. 610 (12)(11)District school boards may contract with a private 611 provider for the provision of educational programs to youths 612 placed with the Department of Juvenile Justice and shall 613 generate local, state, and federal funding, including funding 614 through the Florida Education Finance Program for such students. 615 The district school board’s planning and budgeting process must 616shallinclude the needs of Department of Juvenile Justice 617 programs in the district school board’s plan for expenditures 618 for state categorical and federal funds. 619 (13)(12)(a)Funding for eligible students enrolled in 620 juvenile justice education programs shall be provided through 621 the Florida Education Finance Program as provided in s. 1011.62 622 and the General Appropriations Act. 623 (a) AtFunding shall include, ata minimum, funding must 624 include: 625 1. Weighted program funding or the basic amount for current 626 operation multiplied by the district cost differential as 627 provided in s. 1011.62(1)(r) and (2); 628 2. The supplemental allocation for juvenile justice 629 education as provided in s. 1011.62(10); 630 3. A proportionate share of the district’s exceptional 631 student education guaranteed allocation, the supplemental 632 academic instruction allocation, and the instructional materials 633 allocation; 634 4. An amount equivalent to the proportionate share of the 635 state average potential discretionary local effort for 636 operations, which shall be determined as follows: 637 a. If the district levies the maximum discretionary local 638 effort and the district’s discretionary local effort per FTE is 639 less than the state average potential discretionary local effort 640 per FTE, the proportionate share shall include both the 641 discretionary local effort and the compression supplement per 642 FTE. If the district’s discretionary local effort per FTE is 643 greater than the state average per FTE, the proportionate share 644 shall be equal to the state average; or 645 b. If the district does not levy the maximum discretionary 646 local effort and the district’s actual discretionary local 647 effort per FTE is less than the state average potential 648 discretionary local effort per FTE, the proportionate share 649 shall be equal to the district’s actual discretionary local 650 effort per FTE. If the district’s actual discretionary local 651 effort per FTE is greater than the state average per FTE, the 652 proportionate share shall be equal to the state average 653 potential local effort per FTE; and 654 5. A proportionate share of the district’s proration to 655 funds available, if necessary. 656 (b) ToJuvenile justice educational programs toreceive the 657 appropriate and year-round FEFP funding for Department of 658 Juvenile Justice programs, juvenile justice education programs 659 mustshallinclude those prevention, day treatment, residential, 660 and detention programs that operate their own education program 661 and are operated through a contract with the Department of 662 Juvenile Justiceand which are under purview of the Department663of Juvenile Justice quality assurance standards for education. 664 (c) Consistent with the rules of the State Board of 665 Education, district school boards shallare required torequest 666 an alternative FTE survey for Department of Juvenile Justice 667 programs experiencing fluctuations in student enrollment. 668 (d) FTE count periods mustshallbe prescribed in rules of 669 the State Board of Education and mustshallbe the same for 670 programs of the Department of Juvenile Justice as for other 671 public school programs. The summer school period for students in 672 Department of Juvenile Justice programs mustshallbegin on the 673 day immediately following the end of the regular school year and 674 end on the day immediately preceding the subsequent regular 675 school year. Students mustshallbe funded for up tono more676than25 hours per week of direct instruction. 677 (e) Each juvenile justice education program must receive 678 all federal funds for which the program is eligible. 679 (f) Juvenile justice education programs shall receive 680 additional weighted funding equivalent to 0.1 FTE, as authorized 681 in s. 1011.62, to support equipment, specially designed 682 curricula, and industry credentialing testing fees for students 683 enrolled in career and technical courses that lead to 684 occupational completion points or industry-recognized 685 certifications. 686 (g) The Department of Education shall provide, directly or 687 through a program, funding that supports students in juvenile 688 justice education programs who have graduated high school or 689 received a GED. This funding must be made available for a youth 690 who enters a juvenile justice residential program and has 691 already received a high school diploma or its equivalent. For a 692 youth who earns a high school diploma or its equivalent while in 693 the residential program, the funding takes effect beginning with 694 the FTE period directly following the period in which the youth 695 earns a high school diploma or its equivalent. The rate of 696 funding per student must be equivalent to 0.5 of the base 697 student allocation as authorized in s. 1011.62. Funding must be 698 used to support career and technical instruction offered by the 699 juvenile justice education program which leads to industry 700 certification, or tuition and fees for attending a postsecondary 701 or career and technical institution online while the youth 702 remains in the program. Youth who choose to pursue college 703 courses through the juvenile justice education program must 704 complete 10 volunteer hours per week while in the program. The 705 Department of Education may enter into an agreement with one or 706 more public postsecondary institutions in this state to offer 707 online courses to youth in juvenile justice education programs. 708 (14)(13)Each district school board shall negotiate a 709 cooperative agreement with the Department of Juvenile Justice on 710 the delivery of educational services to youths under the 711 jurisdiction of the Department of Juvenile Justice. Such 712 agreement must include, but is not limited to: 713 (a) Roles and responsibilities of each agency, including 714 the roles and responsibilities of contract providers. 715 (b) Administrative issues, including procedures for sharing 716 information. 717 (c) Allocation of resources, including maximization of 718 local, state, and federal funding. 719 (d) Procedures for educational evaluation for educational 720 exceptionalities and special needs. 721 (e) Curriculum and delivery of instruction. 722 (f) Classroom management procedures and attendance 723 policies. 724 (g) Procedures for providingprovision ofqualified 725 instructional personnel, whether supplied by the district school 726 board or provided under contract by the provider, and for 727 performance of duties while in a juvenile justice setting. 728 (h) Provisions for improving skills in teaching and working 729 with youth referred to juvenile justice programsdelinquents. 730 (i) Transition plans for students moving into and out of 731 juvenile justice programsfacilities. 732 (j) Procedures and timelines for thetimelydocumentation 733 of credits earned and transfer of student records. 734 (k) Methods and procedures for dispute resolution. 735 (l) Provisions for ensuring the safety of education 736 personnel and support for the agreed-upon education program. 737 (m) Strategies for correcting any deficiencies found 738 through the accountability and evaluation system and student 739 performance measuresquality assurance process. 740 (15)(14)ThisNothing in thissection, orina cooperative 741 agreement, does notshall be construed torequire the district 742 school board to provide more services than can be supported by 743 the funds generated by students in the juvenile justice 744 programs. 745 (16)(15)(a) The Department of Education in consultation 746 with the Department of Juvenile Justice, district school boards, 747 and providers shall establish by rule objective and measurable 748 student performance measures and program performance ratings 749quality assurance standardsfor the educational component of 750 prevention, day treatment, and residential programs. Program 751 effectiveness shall be determined by information gathered 752 through systematic data collection and data analysis. Onsite 753 program evaluations must occur as necessary to verify data 754 accuracy and to diagnose program strengths and weaknessesand755nonresidential juvenile justice facilities. These standards756shall rate the district school board’s performance both as a757provider and contractor. The quality assurance rating for the758educational component shall be disaggregated from the overall759quality assurance score and reported separately. 760 1. The Department of Education shall collect data on 761 juvenile justice education programs for the purpose of measuring 762 student performance and monitoring juvenile justice education 763 program performance. 764 2. Student performance measures shall be based on 765 appropriate outcomes for all youth throughout the continuum of 766 educational services within juvenile justice programs. 767 3. Program performance ratings and program accountability 768 shall be based, in part, upon a program’s student performance 769 measure results and must consider the average length of stay in 770 a juvenile justice education program. 771 4. At a minimum, student performance measures must include 772 outcomes that address career and technical education, 773 employability skills, high school diploma or its equivalent, 774 grade advancement, or learning gains. 775 5. Timeframes and procedures shall be established for 776 improving low-performing educational programs and, if necessary, 777 the reassignment of the educational provider or school district. 778 (b) The Department of Education, in partnership with the 779 Department of Juvenile Justice, shall develop a comprehensive 780 accountability and school improvementquality assurance review781 process. The accountability and school improvement process must 782 be based on student performance measures that are appropriate 783 for the student population being served and must rate 784 educational program performance. The accountability system must 785 identify and recognize high-performing educational programs. 786 Low-performing educational programs must receive an onsite 787 program evaluation. School improvement, technical assistance, or 788 the reassignment of the educational provider must be based, in 789 part, on the results of the program evaluation. Through a 790 corrective action process, low-performing programs shall 791 demonstrate improvement or reassign the educational providerand792schedule for the evaluation of the educational component in793juvenile justice programs.The Department of Juvenile Justice794quality assurance site visit and the education quality assurance795site visit shall be conducted during the same visit.796(c) The Department of Education, in consultation with797district school boards and providers, shall establish minimum798thresholds for the standards and key indicators for educational799programs in juvenile justice facilities. If a district school800board fails to meet the established minimum standards, it will801be given 6 months to achieve compliance with the standards. If802after 6 months, the district school board’s performance is still803below minimum standards, the Department of Education shall804exercise sanctions as prescribed by rules adopted by the State805Board of Education. If a provider, under contract with the806district school board, fails to meet minimum standards, such807failure shall cause the district school board to cancel the808provider’s contract unless the provider achieves compliance809within 6 months or unless there are documented extenuating810circumstances.811(d) The requirements in paragraphs (a), (b), and (c) shall812be implemented to the extent that funds are available.813 (17)(16)The district school board mayshallnot be charged 814 any rent, maintenance, utilities, or overhead on such 815 facilities. Maintenance, repairs, and remodeling of existing 816 facilities shall be provided by the Department of Juvenile 817 Justice. 818 (18)(17)IfWhenadditional facilities are required, the 819 district school board and the Department of Juvenile Justice 820 shall agree on the appropriate site based on the instructional 821 needs of the students. IfWhenthe most appropriate site for 822 instruction is on district school board property, a special 823 capital outlay request shall be made by the commissioner in 824 accordance with s. 1013.60. IfWhenthe most appropriate site is 825 on state property, state capital outlay funds shall be requested 826 by the Department of Juvenile Justice required by provided by s. 827 216.043 andshall besubmitted as specified by s. 216.023. Any 828 instructional facility to be built on state property shall have 829 educational specifications jointly developed by the district 830 school board and the Department of Juvenile Justice and approved 831 by the Department of Education. The size of space and occupant 832 design capacity criteria as provided by State Board of Education 833 rules shall be used for remodeling or new construction whether 834 facilities are provided on state property or district school 835 board property. 836 (19)(18)The parent of an exceptional student shall have 837 the due process rights provided for in this chapter. 838 (20)(19)The Department of Education and the Department of 839 Juvenile Justice, after consultation with and assistance from 840 local providers and district school boards, shall report 841 annually to the Legislature by February 1 on the progress toward 842 developing effective educational programs for juvenile 843 delinquents, including the amount of funding provided by 844 district school boards to juvenile justice programs ;,the 845 amount retained for administration including documenting the 846 purposes for such expenses;,the status of the development of 847 cooperative agreements;,educational program performancethe848 results, including the identification of high- and low 849 performing programs; aggregate student performance results;of850the quality assurance reviews includingrecommendations for 851 system improvement;,and information on the identification of, 852 and services provided to, exceptional students in juvenile 853 justice programscommitment facilitiesto determine whether 854 these students are properly reported for funding and are 855 appropriately served. 856 (21)(20)The educational programs at the Arthur Dozier857School for Boys in Jackson County andThe Florida School for 858 Boys in Okeechobee shall be operated by the Department of 859 Education, either directly or through grants or contractual 860 agreements with other public or duly accredited education 861 agencies approved by the Department of Education. 862 (22)(21)The State Board of Education shallmayadoptany863 rules necessary to implement the provisions of this section,864including uniform curriculum, funding, and second chance865schools. Such rules must require the minimum amount of paperwork 866 and reporting. 867 (23)(22)The Department of Juvenile Justice and the 868 Department of Education, in consultation with Workforce Florida, 869 Inc., the statewide Workforce Development Youth Council, 870 district school boards, Florida College System institutions, 871 providers, and others, shall jointly develop a multiagency plan 872 for career education which describes the funding, curriculum, 873 transfer of credits, goals, and outcome measures for career 874 education programming in juvenile commitment facilities, 875 pursuant to s. 985.622. The plan must be reviewed annually. 876 Section 5. Subsection (10) of section 1011.62, Florida 877 Statutes, is amended to read: 878 1011.62 Funds for operation of schools.—If the annual 879 allocation from the Florida Education Finance Program to each 880 district for operation of schools is not determined in the 881 annual appropriations act or the substantive bill implementing 882 the annual appropriations act, it shall be determined as 883 follows: 884 (10) CALCULATION OF SUPPLEMENTAL ALLOCATION FOR JUVENILE 885 JUSTICE EDUCATION PROGRAMS.—An amount equal to the sum of the 886 following calculations shall be allocated in the FEFP to each 887 school district to supplement other sources of funding for 888 students in juvenile justice education programs: 889 (a) The total K-12 weighted full-time equivalent student 890 membership in juvenile justice education programs in each school 891 districtshall bemultiplied by the amount of the state average 892 class-size-reduction factor multiplied by the district’s cost 893 differential; 894 (b) Pursuant to s. 1003.51(4), the total of the GED testing 895 fees for youth who pass the GED in whole or in part while in a 896 Department of Juvenile Justice education program; 897 (c) An additional weighted funding equivalent to 0.1 FTE to 898 support equipment, specially designed curricula, and industry 899 credentialing testing fees for students enrolled in career and 900 technical courses that lead to occupational completion points or 901 industry-recognized certifications; and 902 (d) An additional 0.5 of the base student allocation per 903 student for students in juvenile justice residential education 904 programs who have graduated high school or received a GED.An905amount equal to the sum of this calculation shall be allocated906in the FEFP to each school district to supplement other sources907of funding for students in juvenile justice education programs.908 Section 6. This act shall take effect upon becoming a law.