Florida Senate - 2012                              CS for SB 834
       
       
       
       By the Committees on Education Pre-K - 12; and Education Pre-K -
       12
       
       
       
       581-01539-12                                           2012834c1
    1                        A bill to be entitled                      
    2         An act relating to juvenile justice education and
    3         workforce programs; amending s. 985.46, F.S.;
    4         requiring that each juvenile committed to a juvenile
    5         justice commitment program have a transition plan upon
    6         release; requiring that the transition plan include an
    7         education transition plan component and information
    8         regarding delinquency treatment and intervention
    9         services that are accessible upon exiting the program;
   10         amending s. 985.618, F.S.; providing legislative
   11         intent regarding juvenile justice education and
   12         workforce-related programs; requiring that the
   13         Department of Juvenile Justice verify that each
   14         juvenile justice education program meets specified
   15         minimum standards; requiring that the effectiveness of
   16         the programs be determined by implementing systematic
   17         data collection, data analysis, and evaluations;
   18         requiring that the programs be evaluated based on
   19         student performance outcomes; providing duties for the
   20         department; requiring that an annual report be
   21         submitted to the Governor and the Legislature by a
   22         specified date; requiring that the department
   23         collaborate with certain entities to adopt rules;
   24         amending ss. 985.632 and 1001.42, F.S.; conforming
   25         provisions to changes made by the act; conforming
   26         cross-references; amending ss. 1002.20 and 1002.45,
   27         F.S.; conforming cross-references; creating s.
   28         1003.515, F.S.; providing a short title; providing
   29         purposes of the Florida Juvenile Justice Education
   30         Act; providing responsibilities for school districts
   31         and private providers contracted by school districts
   32         to offer education services to youth in juvenile
   33         justice education programs; requiring that each
   34         juvenile justice education program involve the
   35         regional workforce board or economic development
   36         agency and local postsecondary institutions to
   37         determine the occupational areas for the education and
   38         workforce-related program; providing requirements for
   39         education and workforce-related services in juvenile
   40         justice programs; providing responsibilities for the
   41         Department of Education; requiring that the department
   42         identify school districts and private providers by
   43         performance ratings; providing criteria for
   44         determining performance ratings; requiring that the
   45         department make available a common student assessment
   46         to measure the academic progress in reading and
   47         mathematics of youth in juvenile justice education
   48         programs; requiring that school districts and private
   49         providers be held accountable for student performance
   50         outcomes; providing for program accountability;
   51         requiring that a youth who exits the program attain an
   52         industry certification, enroll in a program to
   53         complete the industry certification, or enroll in and
   54         continue his or her education based on a transition
   55         plan; requiring that an education transition plan
   56         component be incorporated in a youth’s transition
   57         plan; requiring that each school district and private
   58         provider develop the education transition plan
   59         component during the course of the youth’s stay in a
   60         juvenile justice program; providing funding
   61         requirements for the juvenile justice education
   62         programs; prohibiting a district school board from
   63         being charged rent, maintenance, utilities, or
   64         overhead on facilities; requiring that the Department
   65         of Juvenile Justice provide maintenance, repairs, and
   66         remodeling of existing facilities; requiring that the
   67         State Board of Education collaborate with the
   68         Department of Juvenile Justice, the Department of
   69         Economic Opportunity, school districts, and private
   70         providers to adopt rules; repealing s. 1003.52, F.S.,
   71         relating to educational services in Department of
   72         Juvenile Justice programs; amending s. 1011.62, F.S.;
   73         conforming a cross-reference; providing an effective
   74         date.
   75  
   76  Be It Enacted by the Legislature of the State of Florida:
   77  
   78         Section 1. Subsection (6) is added to section 985.46,
   79  Florida Statutes, to read:
   80         985.46 Conditional release.—
   81         (6) Each juvenile committed to a commitment program shall
   82  have a transition plan upon release. Transition planning shall
   83  begin for each juvenile upon placement in a commitment program
   84  and shall result in an individual transition plan for each youth
   85  before he or she is released. The transition plan shall be
   86  developed with the participation of the youth, representatives
   87  of the commitment program, school district personnel, and
   88  representatives of conditional release or postcommitment
   89  probation programs, if appropriate. The transition plan shall
   90  include an education transition plan component as provided in s.
   91  1003.515(9), as well as information regarding pertinent
   92  delinquency treatment and intervention services that are
   93  accessible upon exiting the program.
   94         (a)For a juvenile who is released on conditional release
   95  or postcommitment probation status, the transition plan shall be
   96  incorporated into the conditions of release.
   97         (b)For a juvenile who is not released on conditional
   98  release or postcommitment probation status, the transition plan
   99  shall be explained to the youth and provided upon release, with
  100  all necessary referrals having been made at least 30 days before
  101  the youth exits the program.
  102         (c)For a juvenile who participates in a day treatment
  103  program, the transition plan shall be explained to the youth and
  104  provided upon release. For a juvenile who participates in a day
  105  treatment program and who is released on conditional release or
  106  postcommitment probation status, the transition plan shall be
  107  incorporated into the conditions of release.
  108         Section 2. Section 985.618, Florida Statutes, is amended to
  109  read:
  110         (Substantial rewording of section. See
  111         s. 985.618, F.S., for present text.)
  112         985.618 Education and workforce-related programs.—
  113         (1)The Legislature intends for youth in juvenile justice
  114  programs to be provided a quality education that includes
  115  workforce-related skills that lead to continuing education or
  116  meaningful employment, or both, and that results in reduced
  117  rates of recidivism.
  118         (2) The department shall verify that each juvenile justice
  119  education program, at a minimum:
  120         (a)Uses virtual course offerings that maximize learning
  121  opportunities for adjudicated youth.
  122         (b) Uses virtual counseling to address the educational and
  123  workforce needs of adjudicated youth.
  124         (c)Provides instruction from individuals who hold industry
  125  credentials in the occupational area in which they teach.
  126         (d)Provides instruction during evenings and weekends.
  127         (e)Considers, before placement, the age, interests, prior
  128  education, training, work experience, emotional and mental
  129  abilities, and physical capabilities of the youth and the
  130  duration of the term of placement imposed.
  131         (f) Expends funds in a manner that directly supports the
  132  attainment of successful student outcomes as specified in s.
  133  1003.515(6) and that allows youth to engage in real work
  134  situations whenever possible.
  135         (3)(a) Program effectiveness shall be determined by
  136  implementing systematic data collection, data analysis, and
  137  education and workforce-related program evaluations pursuant to
  138  ss. 985.632 and 1003.515.
  139         (b)The evaluation of juvenile justice education and
  140  workforce-related programs shall be based on the performance
  141  outcomes provided in s. 1003.515(6).
  142         (4) The department shall:
  143         (a)Monitor the education performance of youth in juvenile
  144  justice facilities.
  145         (b)Prohibit school districts or private providers that
  146  have failing performance ratings from delivering the education
  147  services as provided in s. 1003.515(7).
  148         (c)Verify that a school district enters into a contract
  149  with a high-performing school district or provider pursuant to
  150  s. 1003.515(7) to deliver education services.
  151         (5)The department, in collaboration with the Department of
  152  Education and in consultation with the school districts and
  153  private juvenile justice education program providers, shall
  154  prepare an annual report containing the education performance
  155  outcomes, based on the criteria in s. 1003.515(6), of youth in
  156  juvenile justice education programs. The report shall delineate
  157  the performance outcomes of youth in the state, in each school
  158  district, and by each private provider, including the
  159  performance outcomes of all major student populations and
  160  genders, as determined by the Department of Juvenile Justice.
  161  The report shall address the use and successful completion of
  162  virtual instruction courses and the successful implementation of
  163  transition and reintegration plans. The report must include an
  164  analysis of the performance of youth over time, including, but
  165  not limited to, additional education attainment, employment,
  166  earnings, industry certification, and rates of recidivism. The
  167  report must also include recommendations for improving
  168  performance outcomes and for additional cost savings and
  169  efficiencies. The report shall be submitted to the Governor, the
  170  President of the Senate, and the Speaker of the House of
  171  Representatives by December 31, 2013, and each year thereafter.
  172         (6)The department shall collaborate with the Department of
  173  Education, the Department of Economic Opportunity, school
  174  districts, and private providers to adopt rules to administer
  175  this section.
  176         Section 3. Subsection (3) of section 985.632, Florida
  177  Statutes, is amended to read:
  178         985.632 Quality assurance and cost-effectiveness.—
  179         (3) The department shall annually collect and report cost
  180  data for every program operated by the department or its
  181  contracted provider or contracted by the department. The cost
  182  data shall conform to a format approved by the department and
  183  the Legislature. Uniform cost data shall be reported and
  184  collected for each education program operated by a school
  185  district or private provider contracted by a school district
  186  state-operated and contracted programs so that comparisons can
  187  be made among programs. The Department of Education shall ensure
  188  that there is accurate cost accounting for education programs
  189  operated by school districts and private providers, state
  190  operated services including market-equivalent rent and other
  191  shared costs cost. The cost of the education educational program
  192  provided to a residential facility shall be reported and
  193  included in the cost of a program. The Department of Education
  194  shall submit an annual cost data report to the department
  195  President of the Senate, the Speaker of the House of
  196  Representatives, the Minority Leader of each house of the
  197  Legislature, the appropriate substantive and fiscal committees
  198  of each house of the Legislature, and the Governor, no later
  199  than December 1 of each year. The annual cost data shall be
  200  included in the annual report required under s. 985.618(5).
  201  Cost-benefit analysis for juvenile justice education educational
  202  programs shall will be developed and implemented in
  203  collaboration with and in cooperation with the Department of
  204  Education, local providers, and local school districts. Cost
  205  data for the report shall include data collected by the
  206  Department of Education for the purposes of preparing the annual
  207  report required by s. 1003.52(19).
  208         Section 4. Paragraph (b) of subsection (18) of section
  209  1001.42, Florida Statutes, is amended to read:
  210         1001.42 Powers and duties of district school board.—The
  211  district school board, acting as a board, shall exercise all
  212  powers and perform all duties listed below:
  213         (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.
  214  Maintain a state system of school improvement and education
  215  accountability as provided by statute and State Board of
  216  Education rule. This system of school improvement and education
  217  accountability shall be consistent with, and implemented
  218  through, the district’s continuing system of planning and
  219  budgeting required by this section and ss. 1008.385, 1010.01,
  220  and 1011.01. This system of school improvement and education
  221  accountability shall comply with the provisions of ss. 1008.33,
  222  1008.34, 1008.345, and 1008.385 and include the following:
  223         (b) Public disclosure.—The district school board shall
  224  provide information regarding the performance of students in and
  225  education educational programs as required pursuant to ss.
  226  1008.22 and 1008.385 and implement a system of school reports as
  227  required by statute and State Board of Education rule which
  228  shall include schools operating for the purpose of providing
  229  education educational services to youth in juvenile justice
  230  education Department of Juvenile Justice programs, and for those
  231  programs schools, report on the data and education outcomes
  232  elements specified in s. 1003.515(6) 1003.52(19). Annual public
  233  disclosure reports shall be in an easy-to-read report card
  234  format and shall include the school’s grade, high school
  235  graduation rate calculated without GED tests, disaggregated by
  236  student ethnicity, and performance data as specified in state
  237  board rule.
  238         Section 5. Subsection (20) of section 1002.20, Florida
  239  Statutes, is amended to read:
  240         1002.20 K-12 student and parent rights.—Parents of public
  241  school students must receive accurate and timely information
  242  regarding their child’s academic progress and must be informed
  243  of ways they can help their child to succeed in school. K-12
  244  students and their parents are afforded numerous statutory
  245  rights including, but not limited to, the following:
  246         (20) JUVENILE JUSTICE PROGRAMS.—Students who are in
  247  juvenile justice programs have the right to receive educational
  248  programs and services in accordance with the provisions of s.
  249  1003.515 1003.52.
  250         Section 6. Paragraph (b) of subsection (1) of section
  251  1002.45, Florida Statutes, is amended to read:
  252         1002.45 Virtual instruction programs.—
  253         (1) PROGRAM.—
  254         (b) Each school district that is eligible for the sparsity
  255  supplement pursuant to s. 1011.62(7) shall provide all enrolled
  256  public school students within its boundaries the option of
  257  participating in part-time and full-time virtual instruction
  258  programs. Each school district that is not eligible for the
  259  sparsity supplement shall provide at least three options for
  260  part-time and full-time virtual instruction. All school
  261  districts must provide parents with timely written notification
  262  of an open enrollment period for full-time students of at least
  263  90 days that ends no later than 30 days prior to the first day
  264  of the school year. The purpose of the program is to make
  265  quality virtual instruction available to students using online
  266  and distance learning technology in the nontraditional
  267  classroom. A school district virtual instruction program shall
  268  provide the following:
  269         1. Full-time virtual instruction for students enrolled in
  270  kindergarten through grade 12.
  271         2.  Part-time virtual instruction for students enrolled in
  272  grades 9 through 12 courses that are measured pursuant to
  273  subparagraph (8)(a)2.
  274         3. Full-time or part-time virtual instruction for students
  275  enrolled in dropout prevention and academic intervention
  276  programs under s. 1003.53, Department of Juvenile Justice
  277  education programs under s. 1003.515 1003.52, core-curricula
  278  courses to meet class size requirements under s. 1003.03, or
  279  Florida College System institutions under this section.
  280         Section 7. Section 1003.515, Florida Statutes, is created
  281  to read:
  282         1003.515 The Florida Juvenile Justice Education Act.—
  283         (1) SHORT TITLE.—This section may be cited as the “Florida
  284  Juvenile Justice Education Act.”
  285         (2) LEGISLATIVE FINDING.—The Legislature finds that an
  286  education is the single most important factor in the
  287  rehabilitation of adjudicated youth who are in Department of
  288  Juvenile Justice programs.
  289         (3) PURPOSES.—The purposes of this section are to:
  290         (a) Provide performance-based outcome measures and
  291  accountability for juvenile justice education programs; and
  292         (b)Improve academic and workforce-related outcomes so that
  293  adjudicated and at-risk youth may successfully complete the
  294  transition to and reenter the academic and workforce
  295  environments.
  296         (4) SCHOOL DISTRICT AND CONTRACTED EDUCATION PROVIDER
  297  RESPONSIBILITIES.—
  298         (a) A school district or private provider contracted by a
  299  school district to offer education services to youth in a
  300  juvenile justice education program shall:
  301         1. Provide rigorous and relevant academic and workforce
  302  related curricula that will lead to industry certifications in
  303  an occupational area of high demand identified in the Industry
  304  Certification Funding list adopted by the State Board of
  305  Education, or articulate to secondary or postsecondary-level
  306  coursework, as appropriate.
  307         2.Support state, local, and regional economic development
  308  demands.
  309         3. Make high-wage and high-demand careers more accessible
  310  to adjudicated and at-risk youth.
  311         4. Reduce rates of recidivism for adjudicated youth.
  312         5. Provide access to the appropriate courses and
  313  instruction to prepare youth for a standard high school diploma
  314  or the GED examination, as appropriate.
  315         6. Provide access to virtual education courses that are
  316  appropriate to meet the requirements of academic or workforce
  317  related programs and the requirements for continuing education
  318  specified in the youth’s transition and postrelease plans.
  319         7. Provide opportunities for earning credits toward high
  320  school graduation or credits that articulate to postsecondary
  321  education institutions while the youth are in residential and
  322  nonresidential juvenile justice facilities.
  323         8. Ensure that the credits and partial credits earned by
  324  youth are transferred and included in the youth’s records as
  325  part of the transition plan.
  326         9.Ensure that the education program consists of the
  327  appropriate academic, workforce-related, or exceptional
  328  education curricula and related services that directly support
  329  performance outcomes, which must be specified in each youth’s
  330  transition plan as required by subsection (9).
  331         10. If the duration of a youth’s stay in a program is less
  332  than 40 days, ensure that the youth continues his or her
  333  education or workforce-related training that leads to industry
  334  certification in an occupational area of high demand.
  335         11. Maintain an academic record for each youth who is
  336  enrolled in a juvenile justice facility, as required by s.
  337  1003.51, and ensure that the coursework, credits, partial
  338  credits, occupational completion points, and industry
  339  certifications earned by the youth are transferred and included
  340  in the youth’s transition plan pursuant to s. 985.46.
  341         (b)Each school district and private provider shall ensure
  342  that the following youth participate in the program:
  343         1.Youth who are of compulsory school attendance age
  344  pursuant to s. 1003.21.
  345         2.Youth who are not of compulsory school attendance age
  346  and who have not received a high school diploma or its
  347  equivalent, if the youth is in a juvenile justice facility. Such
  348  youth must participate in a workforce-related education program
  349  that leads to industry certification in an occupational area of
  350  high demand or job placement earning full-time wages.
  351         3.Youth who have attained a high school diploma or its
  352  equivalent and who are not employed. Such youth must participate
  353  in a workforce-related education program that leads to industry
  354  certification in an occupational area of high demand or gainful
  355  employment earning full-time wages.
  356         (5) PROGRAM REQUIREMENTS.—In compliance with the strategic
  357  5-year plan under s. 1003.491, each juvenile justice education
  358  program shall, in collaboration with the regional workforce
  359  board or economic development agency and local postsecondary
  360  institutions, determine the appropriate occupational areas for
  361  the program. Juvenile justice education programs must:
  362         (a)Ensure that rigorous academic and workforce-related
  363  coursework is offered and meets or exceeds appropriate state
  364  approved subject area standards, and results in the attainment
  365  of industry certification and postsecondary credit, when
  366  appropriate;
  367         (b)Ensure workforce-related instruction by industry
  368  certified faculty;
  369         (c) Maximize the use of private sector personnel;
  370         (d)Use strategies to maximize the delivery of virtual
  371  instruction;
  372         (e) Maximize instructional efficiency for youth in juvenile
  373  justice facilities;
  374         (f)Provide opportunities for youth to earn weighted or
  375  dual enrollment credit for higher-level courses, when
  376  appropriate;
  377         (g) Promote credit recovery; and
  378         (h)Provide instruction that results in competency,
  379  certification, or credentials in workplace skills, including,
  380  but not limited to, communication skills, interpersonal skills,
  381  decisionmaking skills, work ethic, and the importance of
  382  attendance and timeliness in the work environment.
  383         (6)DEPARTMENT RESPONSIBILITIES.—
  384         (a)The Department of Education shall identify school
  385  districts and private providers as having one of the following
  386  performance ratings as defined by State Board of Education rule:
  387         1.High performance.
  388         2.Adequate performance.
  389         3.Failing performance.
  390         (b)The department shall consider the level of rigor
  391  associated with the attainment of a particular outcome when
  392  assigning weight to the outcome. The department shall use the
  393  following criteria in determining a school district’s or private
  394  provider’s performance rating:
  395         1.One or more of the following outcomes for a youth who is
  396  middle school age or younger:
  397         a.Attaining an industry certification in an occupational
  398  area of high demand identified in the Industry Certification
  399  Funding list adopted by the State Board of Education, if
  400  available and appropriate, and participating in continuing
  401  education upon release from a juvenile justice facility.
  402         b.Attaining occupational completion points in an
  403  occupational area of high demand identified in the Industry
  404  Certification Funding list adopted by the State Board of
  405  Education and participating in continuing education upon release
  406  from a juvenile justice facility.
  407         c.Completing secondary coursework and participating in
  408  continuing education upon release from a juvenile justice
  409  facility.
  410         d.Achieving academic progress in reading and mathematics,
  411  as measured by the statewide common assessment adopted by the
  412  department for use in juvenile justice education programs, and
  413  participating in continuing education upon release from a
  414  juvenile justice facility.
  415         2.One or more of the following outcomes for a youth who is
  416  high school age:
  417         a. Achieving academic progress in reading and mathematics,
  418  as measured by the statewide common assessment adopted by the
  419  department for use in juvenile justice education programs, and
  420  participating in continuing education upon release from a
  421  juvenile justice facility.
  422         b. Earning secondary or postsecondary credit upon release
  423  from a juvenile justice facility and participating in continuing
  424  education upon release from a juvenile justice facility.
  425         c.Attaining a high school diploma or its equivalent and
  426  participating in continuing education at the postsecondary level
  427  upon release from a juvenile justice facility.
  428         d. Attaining a high school diploma or its equivalent and
  429  obtaining job placement or self-employment in a position earning
  430  full-time wages.
  431         e.Attaining an industry certification in an occupational
  432  area of high demand identified in the Industry Certification
  433  Funding list adopted by the State Board of Education and
  434  attaining job placement or self-employment earning full-time
  435  wages in a position for which the student attained an industry
  436  certification.
  437         f. Attaining occupational completion points in an
  438  occupational area of high demand identified in the Industry
  439  Certification Funding list adopted by the State Board of
  440  Education and job placement or self-employment in a position
  441  earning full-time wages.
  442         g. Attaining occupational completion points in an
  443  occupational area of high demand identified in the Industry
  444  Certification Funding list adopted by the State Board of
  445  Education and participation in continuing education in order to
  446  complete the industry certification in that occupation.
  447         (c)By September 1, 2012, the department shall make
  448  available a common student assessment to measure the academic
  449  progress in reading and mathematics of youth who are assigned to
  450  juvenile justice education programs.
  451  
  452  For purposes of performance ratings, school districts and
  453  private providers shall be held accountable for the performance
  454  outcomes of youth until they are released from supervision by
  455  the Department of Juvenile Justice. This subsection does not
  456  abrogate the provisions of s. 1002.22 which relate to education
  457  records or the requirements of 20 U.S.C. s. 1232g, the Family
  458  Educational Rights and Privacy Act.
  459         (7)PROGRAM ACCOUNTABILITY.—
  460         (a) If a school district or private provider earns two
  461  consecutive failing performance ratings or two failing
  462  performance ratings in any 3-year period, as provided in
  463  subsection (6), the school district shall enter into a contract
  464  with a school district or private provider that has a high
  465  performance rating to deliver the education services to the
  466  youth in the program. The Department of Juvenile Justice may use
  467  its statutory authority to sanction or prohibit a private
  468  provider from delivering education services to youth under the
  469  department’s supervision due to noneducation reasons.
  470         (b)Except as provided in paragraph (a), the school
  471  district of the county in which the residential or
  472  nonresidential care facility or juvenile assessment facility is
  473  located shall deliver education services to youth in Department
  474  of Juvenile Justice programs. A school district may enter into a
  475  contract with a private provider to deliver the education
  476  services in lieu of directly providing the education services.
  477  The contract shall include performance criteria as provided in
  478  subsection (6).
  479         (c)When determining educational placement for youth who
  480  enroll in a school district upon release, the school district
  481  must consult with the lead educator of the juvenile justice
  482  program to which the youth was last assigned and adhere to the
  483  transition plan established under s. 985.46(6).
  484         (d)If a private provider under contract with a school
  485  district maintains a high-performance rating pursuant to
  486  subsection (6), the school district may not require a private
  487  provider to use the school district’s personnel or require
  488  qualifications of private provider personnel beyond those that
  489  are necessary to protect the health, safety, and welfare of the
  490  students, as determined by the Department of Juvenile Justice.
  491         (e)Each school district must provide juvenile justice
  492  education programs access to substitute classroom teachers used
  493  by the school district.
  494         (8) EXITING PROGRAM.—Upon exiting a program, a youth must:
  495         (a) Attain an industry certification in an occupational
  496  area of high demand identified in the Industry Certification
  497  Funding list adopted by the State Board of Education;
  498         (b) Enroll in a program to complete the industry
  499  certification;
  500         (c) Be gainfully employed and earning full-time wages; or
  501         (d)Enroll in and continue his or her education based on
  502  the transition and postrelease plan provided in s. 958.46.
  503         (9)EDUCATION TRANSITION PLAN COMPONENT.—
  504         (a) The education transition plan component shall be
  505  incorporated in the transition plan pursuant to s. 985.46(6).
  506         (b) Each school district and private provider must develop
  507  an education transition plan component during the course of a
  508  youth’s stay in a juvenile justice program which coordinates
  509  academic and workforce services and assists the youth in
  510  successful community reintegration upon the youth’s release.
  511         (c)The development of the education transition plan
  512  component shall begin upon a youth’s placement in the program.
  513  The education transition plan component must include the
  514  academic and workforce services to be provided during the
  515  program stay and the establishment of services to be implemented
  516  upon release. The appropriate personnel in the juvenile justice
  517  education program, members of the community, the youth, and the
  518  youth’s family, when appropriate, shall collaborate to develop
  519  the education transition plan component.
  520         (d)Education planning for reintegration shall begin when
  521  placement decisions are made and continue throughout the youth’s
  522  stay in order to provide for continuing education, job
  523  placement, and other necessary services. Individuals who are
  524  responsible for reintegration shall coordinate activities to
  525  ensure that the education transition plan component is
  526  successfully implemented and a youth is provided access to
  527  support services that will sustain the youth’s success once he
  528  or she is no longer under the supervision of the Department of
  529  Juvenile Justice. The education transition plan component must
  530  provide for continuing education, workforce development, or
  531  meaningful job placement pursuant to the performance outcomes in
  532  subsection (6). For purposes of this section, the term
  533  “reintegration” means the process by which a youth returns to
  534  the community following release from a juvenile justice program.
  535         (10)FUNDING.—
  536         (a)Youth who are participating in GED preparation programs
  537  while under the supervision of the Department of Juvenile
  538  Justice shall be funded at the basic program cost factor for
  539  juvenile justice programs in the Florida Education Finance
  540  Program (FEFP). Juvenile justice education programs shall be
  541  funded in the appropriate FEFP program based on the education
  542  services needed by the students in the programs pursuant to s.
  543  1011.62.
  544         (b)Juvenile justice education programs operated through a
  545  contract with the Department of Juvenile Justice and under the
  546  purview of the department’s quality assurance standards and
  547  performance outcomes shall receive the appropriate FEFP funding
  548  for juvenile justice programs.
  549         (c)A district school board shall fund the education
  550  program in a juvenile justice facility at the same or higher
  551  level of funding for equivalent students in the district school
  552  system based on the funds generated through the FEFP and funds
  553  allocated from federal programs.
  554         (d)Consistent with the rules of the State Board of
  555  Education, district school boards shall request an alternative
  556  full-time equivalent (FTE) survey for juvenile justice programs
  557  experiencing fluctuations in student enrollment.
  558         (e)The State Board of Education shall prescribe rules
  559  relating to FTE count periods which must be the same for
  560  juvenile justice programs and other public school programs. The
  561  summer school period for students in juvenile justice programs
  562  shall begin on the day immediately preceding the subsequent
  563  regular school year. Students may be funded for no more than 25
  564  hours per week of direct instruction; however, students shall be
  565  provided access to virtual instruction in order to maximize the
  566  most efficient use of time.
  567         (11)FACILITIES.—The district school board may not be
  568  charged any rent, maintenance, utilities, or overhead on the
  569  facilities. Maintenance, repairs, and remodeling of existing
  570  facilities shall be provided by the Department of Juvenile
  571  Justice.
  572         (12)RULEMAKING.—The State Board of Education shall
  573  collaborate with the Department of Juvenile Justice, the
  574  Department of Economic Opportunity, school districts, and
  575  private providers to adopt rules pursuant to ss. 120.536(1) and
  576  120.54 to administer this section.
  577         Section 8. Section 1003.52, Florida Statutes, is repealed.
  578         Section 9. Paragraph (f) of subsection (1) of section
  579  1011.62, Florida Statutes, is amended to read:
  580         1011.62 Funds for operation of schools.—If the annual
  581  allocation from the Florida Education Finance Program to each
  582  district for operation of schools is not determined in the
  583  annual appropriations act or the substantive bill implementing
  584  the annual appropriations act, it shall be determined as
  585  follows:
  586         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
  587  OPERATION.—The following procedure shall be followed in
  588  determining the annual allocation to each district for
  589  operation:
  590         (f) Supplemental academic instruction; categorical fund.—
  591         1. There is created a categorical fund to provide
  592  supplemental academic instruction to students in kindergarten
  593  through grade 12. This paragraph may be cited as the
  594  “Supplemental Academic Instruction Categorical Fund.”
  595         2. Categorical funds for supplemental academic instruction
  596  shall be allocated annually to each school district in the
  597  amount provided in the General Appropriations Act. These funds
  598  shall be in addition to the funds appropriated on the basis of
  599  FTE student membership in the Florida Education Finance Program
  600  and shall be included in the total potential funds of each
  601  district. These funds shall be used to provide supplemental
  602  academic instruction to students enrolled in the K-12 program.
  603  Supplemental instruction strategies may include, but are not
  604  limited to: modified curriculum, reading instruction, after
  605  school instruction, tutoring, mentoring, class size reduction,
  606  extended school year, intensive skills development in summer
  607  school, and other methods for improving student achievement.
  608  Supplemental instruction may be provided to a student in any
  609  manner and at any time during or beyond the regular 180-day term
  610  identified by the school as being the most effective and
  611  efficient way to best help that student progress from grade to
  612  grade and to graduate.
  613         3. Effective with the 1999-2000 fiscal year, funding on the
  614  basis of FTE membership beyond the 180-day regular term shall be
  615  provided in the FEFP only for students enrolled in juvenile
  616  justice education programs or in education programs for
  617  juveniles placed in secure facilities or programs under s.
  618  985.19. Funding for instruction beyond the regular 180-day
  619  school year for all other K-12 students shall be provided
  620  through the supplemental academic instruction categorical fund
  621  and other state, federal, and local fund sources with ample
  622  flexibility for schools to provide supplemental instruction to
  623  assist students in progressing from grade to grade and
  624  graduating.
  625         4. The Florida State University School, as a lab school, is
  626  authorized to expend from its FEFP or Lottery Enhancement Trust
  627  Fund allocation the cost to the student of remediation in
  628  reading, writing, or mathematics for any graduate who requires
  629  remediation at a postsecondary educational institution.
  630         5. Beginning in the 1999-2000 school year, Dropout
  631  prevention programs as defined in ss. 1003.515 1003.52,
  632  1003.53(1)(a), (b), and (c), and 1003.54 shall be included in
  633  group 1 programs under subparagraph (d)3.
  634         Section 10. This act shall take effect upon becoming a law.