Florida Senate - 2012         (PROPOSED COMMITTEE BILL) SPB 7016
       
       
       
       FOR CONSIDERATION By the Committee on Education Pre-K - 12
       
       
       
       
       581-00516B-12                                         20127016__
    1                        A bill to be entitled                      
    2         An act relating to juvenile justice education and
    3         workforce programs; amending s. 985.618, F.S.;
    4         providing legislative intent regarding juvenile
    5         justice education and workforce-related programs;
    6         requiring that the Department of Juvenile Justice
    7         ensure that each juvenile justice education program
    8         meets specified minimum standards; requiring that the
    9         programs be evaluated based on student performance
   10         outcomes; requiring that the effectiveness of the
   11         programs be determined by implementing systematic data
   12         collection, data analysis, and evaluations; amending
   13         ss. 985.632 and 1001.42, F.S; conforming provisions to
   14         changes made by the act; conforming cross-references;
   15         creating s. 1003.515, F.S.; providing a short title;
   16         providing the purposes of the Florida Juvenile Justice
   17         Education Act; requiring that each juvenile justice
   18         education program involve the regional workforce board
   19         or economic development agency and local postsecondary
   20         institutions to determine the occupational areas for
   21         the education and workforce-related program; providing
   22         requirements for education and workforce-related
   23         services in juvenile justice programs; requiring that
   24         a youth who exits the program attain an industry
   25         certification, enroll in a program to complete the
   26         industry certification, or enroll in and continue his
   27         or her education based on a transition plan; requiring
   28         that certain youth be provided opportunities for
   29         career exploration and enrollment in continuing
   30         education upon release from a program; requiring that
   31         a program meet certain passage rates on industry
   32         certification examinations; providing that if a
   33         program fails to meet the minimum passage rates, the
   34         program must discontinue enrollment and redirect
   35         students into a different industry certification area
   36         of high demand; amending s. 1003.52, F.S.; providing a
   37         legislative finding; providing for performance ratings
   38         of school districts and private providers; prohibiting
   39         a school district or private provider from receiving a
   40         performance rating under certain circumstances;
   41         providing certain criteria to be used in determining
   42         the performance rating of a school district or private
   43         provider; requiring that the Department of Juvenile
   44         Justice hold the school districts and private
   45         providers accountable for performance outcomes until
   46         the youth are released from the department’s
   47         supervision; providing requirements and
   48         responsibilities for school districts and private
   49         providers participating in juvenile justice education
   50         programs; requiring that each school district and
   51         private provider develop a transition plan during the
   52         course of the youth’s stay in a juvenile justice
   53         program; providing requirements for the transition and
   54         reintegration plan process; providing responsibilities
   55         for the Department of Juvenile Justice and the
   56         Department of Education; requiring that the Department
   57         of Education make available a common student
   58         assessment to measure youth learning gains in reading
   59         and mathematics; providing funding requirements for
   60         the juvenile justice education programs; prohibiting a
   61         district school board from being charged rent,
   62         maintenance, utilities, or overhead on facilities;
   63         requiring that the Department of Juvenile Justice
   64         provide maintenance, repairs, and remodeling of
   65         existing facilities; requiring that the Department of
   66         Juvenile Justice, in collaboration with the Department
   67         of Education and in consultation with participating
   68         school districts and private providers, prepare an
   69         annual report containing certain data; requiring that
   70         the report identify school districts and private
   71         providers by performance ratings; requiring that the
   72         report be submitted to the Governor and the
   73         Legislature by a specified date each year; requiring
   74         that the Department of Juvenile Justice adopt rules;
   75         providing an effective date.
   76  
   77  Be It Enacted by the Legislature of the State of Florida:
   78  
   79         Section 1. Section 985.618, Florida Statutes, is amended to
   80  read:
   81         (Substantial rewording of section. See
   82         s. 985.618, F.S., for present text.)
   83         985.618 Education and workforce-related programs.—
   84         (1)The Legislature intends for youth in juvenile justice
   85  programs to be provided with a quality education that includes
   86  workforce-related skills that lead to continuing education or
   87  meaningful employment, or both, and that result in reduced rates
   88  of recidivism.
   89         (2) The Department of Juvenile Justice shall ensure that
   90  each juvenile justice education program, at a minimum:
   91         (a)Uses virtual course offerings that maximize learning
   92  opportunities for adjudicated youth.
   93         (b)Provides instruction from individuals who hold industry
   94  credentials in the occupational area in which they teach.
   95         (c)Provides instructors who are available to teach
   96  evenings and weekends.
   97         (d)Considers, before placement, the age, interests, prior
   98  education, training, work experience, emotional and mental
   99  abilities, and physical capabilities of the youth and the
  100  duration of the term of placement imposed.
  101         (e) Expends funds in a manner that directly supports the
  102  attainment of successful student outcomes as specified in s.
  103  1003.52(3) and that allows youth to engage in real work
  104  situations whenever possible.
  105         (3)(a)The evaluation of juvenile justice education and
  106  workforce-related programs shall be based on the performance
  107  outcomes provided in s. 1003.52(3).
  108         (b) Program effectiveness shall be determined by
  109  implementing systematic data collection, data analysis, and
  110  education and workforce-related program evaluations pursuant to
  111  ss. 985.632 and 1003.52.
  112         Section 2. Subsection (3) of section 985.632, Florida
  113  Statutes, is amended to read:
  114         985.632 Quality assurance and cost-effectiveness.—
  115         (3) The department shall annually collect and report cost
  116  data for every program operated or contracted by the department.
  117  The cost data shall conform to a format approved by the
  118  department and the Legislature. Uniform cost data shall be
  119  reported and collected for state-operated and contracted
  120  programs so that comparisons can be made among programs. The
  121  department shall ensure that there is accurate cost accounting
  122  for state-operated services including market-equivalent rent and
  123  other shared cost. The cost of the education educational program
  124  provided to a residential facility shall be reported and
  125  included in the cost of a program. The department shall submit
  126  an annual cost report to the President of the Senate, the
  127  Speaker of the House of Representatives, the Minority Leader of
  128  each house of the Legislature, the appropriate substantive and
  129  fiscal committees of each house of the Legislature, and the
  130  Governor, no later than December 1 of each year. Cost-benefit
  131  analysis for education educational programs shall will be
  132  developed and implemented in collaboration with and in
  133  cooperation with the Department of Education, local providers,
  134  and local school districts. Cost data for the report shall
  135  include the data and education program analyses provided
  136  collected by the Department of Juvenile Justice, in
  137  collaboration with the Department of Education, for the purposes
  138  of preparing the annual report required in by s. 1003.52(10)
  139  1003.52(19).
  140         Section 3. Paragraph (b) of subsection (18) of section
  141  1001.42, Florida Statutes, is amended to read:
  142         1001.42 Powers and duties of district school board.—The
  143  district school board, acting as a board, shall exercise all
  144  powers and perform all duties listed below:
  145         (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.
  146  Maintain a state system of school improvement and education
  147  accountability as provided by statute and State Board of
  148  Education rule. This system of school improvement and education
  149  accountability shall be consistent with, and implemented
  150  through, the district’s continuing system of planning and
  151  budgeting required by this section and ss. 1008.385, 1010.01,
  152  and 1011.01. This system of school improvement and education
  153  accountability shall comply with the provisions of ss. 1008.33,
  154  1008.34, 1008.345, and 1008.385 and include the following:
  155         (b) Public disclosure.—The district school board shall
  156  provide information regarding the performance of students and
  157  education educational programs as required pursuant to ss.
  158  1008.22 and 1008.385 and implement a system of school reports as
  159  required by statute and State Board of Education rule which
  160  shall include schools operating for the purpose of providing
  161  education educational services to youth in Department of
  162  Juvenile Justice programs, and for those schools, report on the
  163  data and education program analyses elements specified in s.
  164  1003.52(10) 1003.52(19). Annual public disclosure reports shall
  165  be in an easy-to-read report card format and shall include the
  166  school’s grade, high school graduation rate calculated without
  167  GED tests, disaggregated by student ethnicity, and performance
  168  data as specified in state board rule.
  169         Section 4. Section 1003.515, Florida Statutes, is created
  170  to read:
  171         1003.515 The Florida Juvenile Justice Education Act.—
  172         (1) This section may be cited as the “Florida Juvenile
  173  Justice Education Act.”
  174         (2) The purposes of this section are to:
  175         (a) Provide performance-based outcome measures and
  176  accountability for juvenile justice education programs;
  177         (b)Improve academic and workforce-related outcomes so that
  178  adjudicated and at-risk youth may successfully complete the
  179  transition to and reenter the academic and workforce
  180  environments;
  181         (c)Provide rigorous and relevant workforce-related
  182  curricula that will lead to industry certifications in high
  183  demand occupations or articulation to secondary or
  184  postsecondary-level coursework, as appropriate;
  185         (d)Directly support and respond to state, local, and
  186  regional economic development demands;
  187         (e) Make high-wage and high-demand careers more accessible
  188  to adjudicated and at-risk youth; and
  189         (f) Reduce rates of recidivism for adjudicated youth.
  190         (3) In compliance with the strategic 5-year plan under s.
  191  1003.491, each juvenile justice education program shall, in
  192  collaboration with the regional workforce board or economic
  193  development agency and local postsecondary institutions,
  194  determine the occupational areas for the program. Juvenile
  195  justice education program services must:
  196         (a)Maximize the use of private sector personnel;
  197         (b)Ensure instruction by industry-certified faculty;
  198         (c)Ensure that academically rigorous workforce-related
  199  coursework is offered and meets or exceeds appropriate state
  200  approved subject area standards, results in the attainment of
  201  industry certification, and when appropriate, results in
  202  postsecondary credit;
  203         (d)Use strategies to maximize the delivery of virtual
  204  instruction;
  205         (e) Maximize instructional efficiency for youth in juvenile
  206  justice facilities;
  207         (f)Provide opportunities for youth to earn weighted or
  208  dual enrollment credit for higher-level courses;
  209         (g) Promote credit recovery; and
  210         (h)Provide instruction that results in competency,
  211  certification, or credentials in workplace skills, including,
  212  but not limited to, communication skills, interpersonal skills,
  213  decisionmaking skills, work ethic, and the importance of
  214  attendance and timeliness in the work environment.
  215         (4) Upon exiting a program, a youth must:
  216         (a) Attain an industry certification, enroll in a program
  217  to complete the industry certification, or enroll in and
  218  continue his or her education based on the transition and
  219  postrelease plan provided in s. 958.12; or
  220         (b) Be provided opportunities for career exploration and
  221  enrollment in continuing education if the youth is of middle
  222  school age.
  223         (5) If the passage rate on an industry certification
  224  examination that is associated with a juvenile justice education
  225  program falls below 50 percent, the program shall be given 1
  226  calendar year to meet a 50 percent passage rate. If, after 1
  227  year, the program fails to meet the minimum passage rate, it
  228  must discontinue enrollment and redirect students into a
  229  different industry certification area in high demand.
  230         Section 5. Section 1003.52, Florida Statutes, is amended to
  231  read:
  232         (Substantial rewording of section. See
  233         s. 1003.52, F.S., for present text.)
  234         1003.52Education services in Department of Juvenile
  235  Justice programs.—
  236         (1) LEGISLATIVE FINDING.—The Legislature finds that an
  237  education is the single most important factor in the
  238  rehabilitation of adjudicated youth who are in Department of
  239  Juvenile Justice programs.
  240         (2)PERFORMANCE RATINGS.—
  241         (a) The annual report required in subsection (10) shall
  242  identify school districts and private providers as having one of
  243  the following performance ratings as defined by rule of the
  244  Department of Juvenile Justice:
  245         1.High performance.
  246         2.Adequate performance.
  247         3.Failing performance.
  248         (b) A school district or private provider may not receive a
  249  performance rating if the number of students is fewer than the
  250  number necessary to prevent the unlawful release of personally
  251  identifiable student data under s. 1002.22 or 20 U.S.C. s.
  252  1232g. The Department of Juvenile Justice shall report
  253  information regarding student achievement to the education
  254  program in which the student is placed upon release, if
  255  appropriate, and to the student’s parent.
  256         (3)DESIGNATION OF PERFORMANCE RATINGS.—The following
  257  criteria shall be used in determining a school district’s or
  258  private provider’s performance rating:
  259         (a)For a youth who is middle school age or younger:
  260         1.Attaining an industry certification in an occupational
  261  area of high demand identified in the Industry Certification
  262  Funding list adopted by the State Board of Education, if
  263  available and appropriate.
  264         2.Earning secondary or postsecondary credit upon release
  265  from a juvenile justice facility and participating in continuing
  266  education.
  267         3.Completing the comprehensive career awareness and
  268  exploration course described in s. 1003.4156(1)(a)5. and
  269  participating in continuing education.
  270         4.Achieving learning gains in reading and mathematics
  271  while the youth is in a juvenile justice education program if a
  272  valid assessment instrument is used, as determined by the
  273  Department of Education, and participating in continuing
  274  education.
  275         (b)For a youth who is high school age:
  276         1.Attaining a high school diploma or its equivalent and
  277  earning postsecondary credit.
  278         2.Attaining an industry certification in an occupational
  279  area of high demand indentified in the Industry Certification
  280  Funding list adopted by the State Board of Education.
  281         3.Obtaining job placement or self-employment in a position
  282  for which the student attained an industry certification as
  283  provided in subparagraph 2.
  284         4.Achieving a level of performance in an acceleration
  285  mechanism which would earn the youth postsecondary credit.
  286  
  287  When determining performance ratings, the Department of Juvenile
  288  Justice shall hold the school districts and private providers
  289  accountable for the performance outcomes of youth until they are
  290  released from supervision by the Department of Juvenile Justice.
  291         (4)PROGRAM PARTICIPATION.—
  292         (a) If a school district or private provider earns two
  293  consecutive failing performance ratings or two failing
  294  performance ratings in any 3-year period, as provided in
  295  subsection (2), the Department of Juvenile Justice shall enter
  296  into a contract with a school district or private provider that
  297  has a high performance rating to deliver the education services
  298  to the youth in the program. The Department of Juvenile Justice
  299  may use its statutory authority to sanction or prohibit a
  300  private provider from delivering education services to youth
  301  under the department’s supervision due to noneducation reasons.
  302         (b)Except as provided in paragraph (a), the school
  303  district of the county in which the residential or
  304  nonresidential care facility or juvenile assessment facility is
  305  located shall deliver education services to youth in Department
  306  of Juvenile Justice programs. A school district may enter into a
  307  contract with a private provider to deliver the education
  308  services in lieu of directly providing the education services.
  309  The contract shall include the performance criteria provided in
  310  subsection (3).
  311         (c)A school district may not place a youth who enrolls in
  312  the school district upon release from a juvenile justice
  313  facility in an alternative school under s. 1003.53, unless
  314  approved by the program director of the juvenile justice program
  315  to which the youth was last assigned.
  316         (d)A school district may not require a private provider to
  317  use the school district’s personnel or require qualifications of
  318  private provider personnel beyond that which is necessary to
  319  protect the health, safety, and welfare of the students, as
  320  determined by the Department of Juvenile Justice.
  321         (e)Each school district must provide juvenile justice
  322  education programs access to substitute classroom teachers used
  323  by the school district.
  324         (5)SCHOOL DISTRICT AND PRIVATE PROVIDER RESPONSIBILITIES.—
  325         (a)Each school district and private provider that offers
  326  education services to youth in juvenile justice education
  327  programs shall:
  328         1. Provide access to the appropriate courses and
  329  instruction to prepare youth for a standard high school diploma
  330  or the GED examination, as appropriate.
  331         2. Provide access to virtual education courses that are
  332  appropriate to meet the requirements of academic or workforce
  333  related programs and the requirements for continuing education
  334  specified in the youth’s transition and postrelease plans.
  335  Virtual education providers do not have to comply with the
  336  requirements in s. 1002.45 in order to offer courses under this
  337  section.
  338         3. Provide opportunities for earning credits toward high
  339  school graduation or credits that articulate to postsecondary
  340  education institutions while the youth are in residential and
  341  nonresidential juvenile justice facilities.
  342         4. Ensure that the credits and partial credits earned by
  343  youth are transferred and included in the youth’s records as
  344  part of the transition plan.
  345         5.Ensure that the education program consists of the
  346  appropriate academic, workforce-related, or exceptional
  347  education curricula and related services that directly support
  348  performance outcomes, which must be specified in each youth’s
  349  transition plan as required by subsection (6).
  350         6. If the duration of a youth’s stay in a program is less
  351  than 40 days, ensure that the youth continues his or her
  352  education or workforce-related training that leads to industry
  353  certification in an occupational area of high demand.
  354         7. Maintain an academic record for each youth who is
  355  enrolled in a juvenile justice facility, as required by s.
  356  1003.51, which reflects the coursework and industry
  357  certifications completed by the youth. The academic record must
  358  be up to date and included in the transition plan when the youth
  359  exits the facility.
  360         (b)Each school district and private provider shall ensure
  361  that the following youth participate in the program:
  362         1.Youth who are of compulsory school attendance age
  363  pursuant to s. 1003.21.
  364         2.Youth who are not of compulsory school attendance age
  365  and who have not received a high school diploma or its
  366  equivalent, if the youth is in a juvenile justice facility.
  367         3.Youth who have attained a high school diploma or its
  368  equivalent and who are not employed. Such youth must participate
  369  in a workforce-related education program that leads to industry
  370  certification in an occupational area of high demand.
  371         (6)TRANSITION PLANS.—
  372         (a) Each school district and private provider must develop
  373  a transition plan during the course of a youth’s stay in a
  374  juvenile justice program to coordinate academic, workforce, and
  375  social services and assist the youth in successful community
  376  reintegration upon the youth’s release.
  377         (b)Transition planning shall begin upon a youth’s
  378  placement in the program. The transition plan must include:
  379         1.Incorporation of services and interventions that match
  380  the youth’s risks and needs.
  381         2.Services to be provided during the program stay and
  382  establishment of services to be implemented upon release. The
  383  appropriate personnel in the juvenile justice education program,
  384  members of the community, the youth, and the youth’s family,
  385  when appropriate, shall collaborate to develop the transition
  386  plan.
  387         3.Directed services and educational and workforce-related
  388  activities to be implemented before and after release. Juvenile
  389  justice education program personnel shall direct the youth to
  390  the appropriate, coordinated, and comprehensive supervision and
  391  support services in the community which are established by the
  392  Department of Juvenile Justice for effective reintegration. For
  393  purposes of this section, the term “transition planincludes
  394  the decisions, planning, activities, and services employed to
  395  successfully return the youth to the community.
  396         (c)Planning for reintegration begins when placement
  397  decisions are made and continue throughout the youth’s stay in
  398  order to provide for continuing education, job placement, and
  399  other necessary services. Individuals who are responsible for
  400  reintegration shall coordinate activities to ensure that the
  401  transition plan is successfully implemented and a youth is
  402  provided access to support services that will sustain the
  403  youth’s success once he or she is no longer under the
  404  supervision of the Department of Juvenile Justice. The youth’s
  405  transition plan must govern decisions relating to transition and
  406  reintegration. A transition plan must provide for continuing
  407  education, workforce development, or meaningful job placement
  408  pursuant to the performance outcomes in subsection (4). For
  409  purposes of this section, the term “reintegration” means the
  410  process by which a youth returns to the community following
  411  release from a juvenile justice program.
  412         (7)DEPARTMENT RESPONSIBILITIES.—
  413         (a)The Department of Juvenile Justice shall:
  414         1.Enter into a contract with school districts or private
  415  providers to provide education services pursuant to subsection
  416  (4).
  417         2.Determine the performance ratings of school districts
  418  and private providers using the criteria described in subsection
  419  (3).
  420         3.Monitor the education performance of youth in juvenile
  421  justice facilities.
  422         4.Prohibit school districts or private providers from
  423  delivering the education services pursuant to subsection (4).
  424         5. Assign a high performing provider for delivery of
  425  education services pursuant to subsection (4).
  426         (b)By September 1, 2012, the Department of Education shall
  427  make available a common student assessment to measure the
  428  learning gains in reading and mathematics of youth who are
  429  assigned to juvenile justice education programs.
  430         (8)FUNDING.—
  431         (a)Youth who are participating in GED preparation programs
  432  while under the supervision of the Department of Juvenile
  433  Justice shall be funded at the basic program cost factor for
  434  juvenile justice programs in the Florida Education Finance
  435  Program (FEFP). Juvenile justice education programs shall be
  436  funded in the appropriate FEFP program based on the education
  437  services needed by the students in the programs pursuant to s.
  438  1011.62.
  439         (b)Juvenile justice education programs operated through a
  440  contract with the Department of Juvenile Justice and under the
  441  purview of the department’s quality assurance standards and
  442  performance outcomes shall receive the appropriate FEFP funding
  443  for juvenile justice programs.
  444         (c)A district school board shall fund the education
  445  program in a juvenile justice facility at the same or higher
  446  level of funding for equivalent students in the district school
  447  system based on the funds generated through the FEFP and funds
  448  allocated from federal programs.
  449         (d)Consistent with the rules of the State Board of
  450  Education, district school boards shall request an alternative
  451  full-time equivalent (FTE) survey for juvenile justice programs
  452  experiencing fluctuations in student enrollment.
  453         (e)The State Board of Education shall prescribe rules
  454  relating to FTE count periods which must be the same for
  455  juvenile justice programs and other public school programs. The
  456  summer school period for students in juvenile justice programs
  457  shall begin on the day immediately preceding the subsequent
  458  regular school year. Students may be funded for no more than 25
  459  hours per week of direct instruction; however, students shall be
  460  provided access to virtual instruction in order to maximize the
  461  most efficient use of time.
  462         (9)FACILITIES.—The district school board may not be
  463  charged any rent, maintenance, utilities, or overhead on the
  464  facilities. Maintenance, repairs, and remodeling of existing
  465  facilities shall be provided by the Department of Juvenile
  466  Justice.
  467         (10)ANNUAL REPORT.—The Department of Juvenile Justice, in
  468  collaboration with the Department of Education and in
  469  consultation with the school districts and private juvenile
  470  justice education program providers, shall prepare an annual
  471  report containing the education performance outcomes, based on
  472  the criteria in subsection (3), of youth in juvenile justice
  473  programs. The report shall delineate the performance outcomes of
  474  youth in the state, in each school district, and by each private
  475  provider, including the performance outcomes of all major
  476  student populations and genders, as determined by the Department
  477  of Juvenile Justice. The report shall address the use and
  478  successful completion of virtual instruction courses and the
  479  successful implementation of transition and reintegration plans.
  480  The report must include an analysis of the performance of youth
  481  over time, including, but not limited to, additional education
  482  attainment, employment, earnings, industry certification, and
  483  rates of recidivism. The report must also include
  484  recommendations for improving performance outcomes and for
  485  additional cost savings and efficiencies. The report shall be
  486  submitted to the Governor, the President of the Senate, and the
  487  Speaker of the House of Representatives by December 31, 2013,
  488  and each year thereafter.
  489         (11)RULEMAKING.—The Department of Juvenile Justice shall
  490  adopt rules to administer this section.
  491         Section 6. This act shall take effect upon becoming a law.