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