Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 598
Senate . House
Comm: RCS .
1 Senate Amendment (with title amendment)
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 985.622, Florida Statutes, is amended to
7 985.622 Multiagency plan for career
8 (1) The Department of Juvenile Justice and the Department
9 of Education shall, in consultation with the statewide Workforce
10 Development Youth Council, school districts, providers, and
11 others, jointly develop a multiagency plan for career vocational
12 education that establishes the curriculum, goals, and outcome
13 measures for career vocational programs in juvenile justice
14 education programs commitment facilities. The plan must be
15 reviewed annually, revised as appropriate, and include:
16 (a) Provisions for maximizing appropriate state and federal
17 funding sources, including funds under the Workforce Investment
18 Act and the Perkins Act. ;
19 (b) Provisions for eliminating barriers to increasing
20 occupation-specific job training and high school equivalency
21 examination preparation opportunities.
22 (c) (b) The responsibilities of both departments and all
23 other appropriate entities. ; and
24 (d) (c) A detailed implementation schedule.
25 (2) The plan must define career vocational programming that
26 is appropriate based upon:
27 (a) The age and assessed educational abilities and goals of
28 the student youth to be served; and
29 (b) The typical length of stay and custody characteristics
30 at the juvenile justice education commitment program to which
31 each student youth is assigned.
32 (3) The plan must include a definition of career vocational
33 programming that includes the following classifications of
34 juvenile justice education programs commitment facilities that
35 will offer career vocational programming by one of the following
37 (a) Type 1 A.—Programs that teach personal accountability
38 skills and behaviors that are appropriate for students youth in
39 all age groups and ability levels and that lead to work habits
40 that help maintain employment and living standards.
41 (b) Type 2 B.—Programs that include Type 1 A program
42 content and an orientation to the broad scope of career choices,
43 based upon personal abilities, aptitudes, and interests.
44 Exploring and gaining knowledge of occupation options and the
45 level of effort required to achieve them are essential
46 prerequisites to skill training.
47 (c) Type 3 C.—Programs that include Type 1 A program
48 content and the career education vocational competencies or the
49 prerequisites needed for entry into a specific occupation.
50 (4) The plan must also address strategies to facilitate
51 involvement of business and industry in the design, delivery,
52 and evaluation of career vocational programming in juvenile
53 justice education commitment facilities and conditional release
54 programs, including apprenticeship and work experience programs,
55 mentoring and job shadowing, and other strategies that lead to
56 postrelease employment. Incentives for business involvement,
57 such as tax breaks, bonding, and liability limits should be
58 investigated, implemented where appropriate, or recommended to
59 the Legislature for consideration.
60 (5) The plan must also evaluate the effect of students’
61 mobility between juvenile justice education programs and school
62 districts on the students’ educational outcomes and whether the
63 continuity of the students’ education can be better addressed
64 through virtual education.
65 (6) (5) The Department of Juvenile Justice and the
66 Department of Education shall each align its respective agency
67 policies, practices, technical manuals, contracts, quality
68 assurance standards, performance-based-budgeting measures, and
69 outcome measures with the plan in juvenile justice education
70 programs commitment facilities by July 31, 2015 2001. Each
71 agency shall provide a report on the implementation of this
72 section to the Governor, the President of the Senate, and the
73 Speaker of the House of Representatives by August 31, 2015 2001.
74 (7) (6) All provider contracts executed by the Department of
75 Juvenile Justice or the school districts after January 1, 2015
76 2002, must be aligned with the plan.
77 (8) (7) The planning and execution of quality assurance
78 reviews conducted by the Department of Education or the
79 Department of Juvenile Justice after August 1, 2015 2002, must
80 be aligned with the plan.
81 (9) (8) Outcome measures reported by the Department of
82 Juvenile Justice and the Department of Education for students
83 youth released on or after January 1, 2016 2002, should include
84 outcome measures that conform to the plan.
85 Section 2. Section 1001.31, Florida Statutes, is amended to
87 1001.31 Scope of district system.—A district school system
88 shall include all public schools, classes, and courses of
89 instruction and all services and activities directly related to
90 education in that district which are under the direction of the
91 district school officials. A district school system may also
92 include alternative site schools for disruptive or violent
93 students youth. Such schools for disruptive or violent students
94 youth may be funded by each district or provided through
95 cooperative programs administered by a consortium of school
96 districts, private providers, state and local law enforcement
97 agencies, and the Department of Juvenile Justice. Pursuant to
98 cooperative agreement, a district school system shall provide
99 instructional personnel at juvenile justice facilities of 50 or
100 more beds or slots with access to the district school system
101 database for the purpose of accessing student academic,
102 immunization, and registration records for students assigned to
103 the programs. Such access shall be in the same manner as
104 provided to other schools in the district.
105 Section 3. Section 1003.51, Florida Statutes, is amended to
107 1003.51 Other public educational services.—
108 (1) The general control of other public educational
109 services shall be vested in the State Board of Education except
110 as provided in this section herein. The State Board of Education
111 shall, at the request of the Department of Children and Families
112 Family Services and the Department of Juvenile Justice, advise
113 as to standards and requirements relating to education to be met
114 in all state schools or institutions under their control which
115 provide educational programs. The Department of Education shall
116 provide supervisory services for the educational programs of all
117 such schools or institutions. The direct control of any of these
118 services provided as part of the district program of education
119 shall rest with the district school board. These services shall
120 be supported out of state, district, federal, or other lawful
121 funds, depending on the requirements of the services being
123 (2) The State Board of Education shall adopt rules and
124 maintain an administrative rule articulating expectations for
125 effective education programs for students youth in Department of
126 Juvenile Justice programs, including, but not limited to,
127 education programs in juvenile justice prevention, day
128 treatment, residential, commitment and detention facilities. The
129 rule shall establish articulate policies and standards for
130 education programs for students youth in Department of Juvenile
131 Justice programs and shall include the following:
132 (a) The interagency collaborative process needed to ensure
133 effective programs with measurable results.
134 (b) The responsibilities of the Department of Education,
135 the Department of Juvenile Justice, Workforce Florida, Inc.,
136 district school boards, and providers of education services to
137 students youth in Department of Juvenile Justice programs.
138 (c) Academic expectations.
139 (d) Career and technical expectations.
140 (e) Education transition planning and services.
141 (f) (d) Service delivery options available to district
142 school boards, including direct service and contracting.
143 (g) (e) Assessment procedures, which:
144 1. For prevention, day treatment, and residential programs,
145 include appropriate academic and career assessments administered
146 at program entry and exit that are selected by the Department of
147 Education in partnership with representatives from the
148 Department of Juvenile Justice, district school boards, and
149 education providers. Assessments must be completed within the
150 first 10 school days after a student’s entry into the program.
151 2. Provide for determination of the areas of academic need
152 and strategies for appropriate intervention and instruction for
153 each student in a detention facility within 5 school days after
154 the student’s entry into the program and administer a research
155 based assessment that will assist the student in determining his
156 or her educational and career options and goals within 22 school
157 days after the student’s entry into the program Require district
158 school boards to be responsible for ensuring the completion of
159 the assessment process.
160 3. Require assessments for students in detention who will
161 move on to commitment facilities, to be designed to create the
162 foundation for developing the student’s education program in the
163 assigned commitment facility.
164 4. Require assessments of students sent directly to
165 commitment facilities to be completed within the first 10 school
166 days of the student’s commitment.
168 The results of these assessments, together with a portfolio
169 depicting the student’s academic and career accomplishments,
170 shall be included in the discharge packet package assembled for
171 each student youth.
172 (h) (f) Recommended instructional programs, including, but
173 not limited to: ,
174 1. Secondary education.
175 2. High school equivalency examination preparation.
176 3. Postsecondary education.
177 4. Career training. and
178 5. Job preparation.
179 6. Virtual education that:
180 a. Provides competency-based instruction that addresses the
181 unique academic needs of the student through delivery by an
182 entity accredited by AdvanceED or the Southern Association of
183 Colleges and Schools.
184 b. Confers certifications and diplomas.
185 c. Issues credit that articulates with and transcripts that
186 are recognized by secondary schools.
187 d. Allows the student to continue to access and progress
188 through the program once the student leaves the juvenile justice
190 (i) (g) Funding requirements, which shall include the
191 requirement that at least 90 percent of the FEFP funds generated
192 by students in Department of Juvenile Justice programs or in an
193 education program for juveniles under s. 985.19 be spent on
194 instructional costs for those students. One hundred percent of
195 the formula-based categorical funds generated by students in
196 Department of Juvenile Justice programs must be spent on
197 appropriate categoricals such as instructional materials and
198 public school technology for those students.
199 (j) (h) Qualifications of instructional staff, procedures
200 for the selection of instructional staff, and procedures for to
201 ensure consistent instruction and qualified staff year round.
202 Qualifications shall include those for career education
203 instructors, standardized across the state, and shall be based
204 on state certification, local school district approval, and
205 industry-recognized credentials or industry training. Procedures
206 for the use of noncertified instructional personnel who possess
207 expert knowledge or experience in their fields of instruction
208 shall be established.
209 (k) (i) Transition services, including the roles and
210 responsibilities of appropriate personnel in the juvenile
211 justice education program, the school district where the student
212 will reenter districts, provider organizations, and the
213 Department of Juvenile Justice.
214 (l) (j) Procedures and timeframe for transfer of education
215 records when a student youth enters and leaves a Department of
216 Juvenile Justice education program facility.
217 (m) (k) The requirement that each district school board
218 maintain an academic transcript for each student enrolled in a
219 juvenile justice education program facility that delineates each
220 course completed by the student as provided by the State Course
221 Code Directory.
222 (n) (l) The requirement that each district school board make
223 available and transmit a copy of a student’s transcript in the
224 discharge packet when the student exits a juvenile justice
225 education program facility.
226 (o) (m) Contract requirements.
227 (p) (n) Performance expectations for providers and district
228 school boards, including student performance measures by type of
229 program, education program performance ratings, school
230 improvement, and corrective action plans for low-performing
231 programs the provision of a progress monitoring plan as required
232 in s. 1008.25.
233 (q) (o) The role and responsibility of the district school
234 board in securing workforce development funds.
235 (r) (p) A series of graduated sanctions for district school
236 boards whose educational programs in Department of Juvenile
237 Justice programs facilities are considered to be unsatisfactory
238 and for instances in which district school boards fail to meet
239 standards prescribed by law, rule, or State Board of Education
240 policy. These sanctions shall include the option of requiring a
241 district school board to contract with a provider or another
242 district school board if the educational program at the
243 Department of Juvenile Justice program is performing below
244 minimum standards facility has failed a quality assurance review
245 and, after 6 months, is still performing below minimum
247 (s) Curriculum, guidance counseling, transition, and
248 education services expectations, including curriculum
249 flexibility for detention centers operated by the Department of
250 Juvenile Justice.
251 (t) (q) Other aspects of program operations.
252 (3) The Department of Education in partnership with the
253 Department of Juvenile Justice, the district school boards, and
254 providers shall:
255 (a) Develop and implement requirements for contracts and
256 cooperative agreements regarding Maintain model contracts for
257 the delivery of appropriate education services to students youth
258 in Department of Juvenile Justice programs to be used for the
259 development of future contracts. The minimum contract
260 requirements shall include, but are not limited to, payment
261 structure and amounts; access to district services; contract
262 management provisions; data reporting requirements, including
263 reporting of full-time equivalent student membership;
264 administration of federal programs such as Title I, exceptional
265 student education, and the Carl D. Perkins Career and Technical
266 Education Act of 2006; and model contracts shall reflect the
267 policy and standards included in subsection (2). The Department
268 of Education shall ensure that appropriate district school board
269 personnel are trained and held accountable for the management
270 and monitoring of contracts for education programs for youth in
271 juvenile justice residential and nonresidential facilities.
272 (b) Develop and implement Maintain model procedures for
273 transitioning students youth into and out of Department of
274 Juvenile Justice education programs. These procedures shall
275 reflect the policy and standards adopted pursuant to subsection
277 (c) Maintain standardized required content of education
278 records to be included as part of a student’s youth’s commitment
279 record and procedures for securing the student’s records. The
280 education records These requirements shall reflect the policy
281 and standards adopted pursuant to subsection (2) and shall
282 include, but not be limited to, the following:
283 1. A copy of the student’s individual educational plan.
284 2. A copy of the student’s individualized progress
285 monitoring plan.
286 3. A copy of the student’s individualized transition plan.
287 4. 2. Data on student performance on assessments taken
288 according to s. 1008.22.
289 5. 3. A copy of the student’s permanent cumulative record.
290 6. 4. A copy of the student’s academic transcript.
291 7. 5. A portfolio reflecting the student’s youth’s academic
292 and career and technical accomplishments, when age appropriate,
293 while in the Department of Juvenile Justice program.
294 (d) Establish Maintain model procedures for securing the
295 education record and the roles and responsibilities of the
296 juvenile probation officer and others involved in the withdrawal
297 of the student from school and assignment to a juvenile justice
298 education program commitment or detention facility. District
299 school boards shall respond to requests for student education
300 records received from another district school board or a
301 juvenile justice facility within 5 working days after receiving
302 the request.
303 (4) Each The Department of Education shall ensure that
304 district school board shall: boards
305 (a) Notify students in juvenile justice education programs
306 residential or nonresidential facilities who attain the age of
307 16 years of the provisions of law regarding compulsory school
308 attendance and make available the option of enrolling in a
309 program to attain a Florida high school diploma by taking the
310 high school equivalency examination before General Educational
311 Development test prior to release from the program facility. The
312 Department of Education shall assist juvenile justice education
313 programs with becoming high school equivalency examination
314 centers District school boards or Florida College System
315 institutions, or both, shall waive GED testing fees for youth in
316 Department of Juvenile Justice residential programs and shall,
317 upon request, designate schools operating for the purpose of
318 providing educational services to youth in Department of
319 Juvenile Justice programs as GED testing centers, subject to GED
320 testing center requirements. The administrative fees for the
321 General Educational Development test required by the Department
322 of Education are the responsibility of district school boards
323 and may be required of providers by contractual agreement.
324 (b) Respond to requests for student education records
325 received from another district school board or a juvenile
326 justice education program within 5 working days after receiving
327 the request.
328 (c) Provide access to courses offered pursuant to ss.
329 1002.37, 1002.45, and 1003.498. School districts and providers
330 may enter into cooperative agreements for the provision of
331 curriculum associated with courses offered pursuant to s.
332 1003.498 to enable providers to offer such courses.
333 (d) Complete the assessment process required by subsection
335 (e) Monitor compliance with contracts for education
336 programs for students in juvenile justice prevention, day
337 treatment, residential, and detention programs.
338 (5) The Department of Education shall establish and
339 operate, either directly or indirectly through a contract, a
340 mechanism to provide accountability measures that annually
341 assesses and evaluates all juvenile justice education programs
342 using student performance data and program performance ratings
343 by type of program quality assurance reviews of all juvenile
344 justice education programs and shall provide technical
345 assistance and related research to district school boards and
346 juvenile justice education providers on how to establish,
347 develop, and operate educational programs that exceed the
348 minimum quality assurance standards. The Department of
349 Education, with input from the Department of Juvenile Justice,
350 school districts, and education providers shall develop annual
351 recommendations for system and school improvement.
352 Section 4. Section 1003.52, Florida Statutes, is amended to
354 1003.52 Educational services in Department of Juvenile
355 Justice programs.—
356 (1) The Legislature finds that education is the single most
357 important factor in the rehabilitation of adjudicated delinquent
358 youth in the custody of Department of Juvenile Justice programs.
359 It is the goal of the Legislature that youth in the juvenile
360 justice system continue to be allowed the opportunity to obtain
361 a high quality education. The Department of Education shall
362 serve as the lead agency for juvenile justice education
363 programs, curriculum, support services, and resources. To this
364 end, the Department of Education and the Department of Juvenile
365 Justice shall each designate a Coordinator for Juvenile Justice
366 Education Programs to serve as the point of contact for
367 resolving issues not addressed by district school boards and to
368 provide each department’s participation in the following
370 (a) Training, collaborating, and coordinating with the
371 Department of Juvenile Justice, district school boards, local
372 workforce boards and youth councils, educational contract
373 providers, and juvenile justice providers, whether state
374 operated or contracted.
375 (b) Collecting information on the academic, career
376 education, and transition performance of students in juvenile
377 justice programs and reporting on the results.
378 (c) Developing academic and career education protocols that
379 provide guidance to district school boards and juvenile justice
380 education providers in all aspects of education programming,
381 including records transfer and transition.
382 (d) Implementing a joint accountability, program
383 performance, and program improvement process Prescribing the
384 roles of program personnel and interdepartmental district school
385 board or provider collaboration strategies.
387 Annually, a cooperative agreement and plan for juvenile justice
388 education service enhancement shall be developed between the
389 Department of Juvenile Justice and the Department of Education
390 and submitted to the Secretary of Juvenile Justice and the
391 Commissioner of Education by June 30. The plan shall include, at
392 a minimum, each agency’s role regarding educational program
393 accountability, technical assistance, training, and coordination
394 of services.
395 (2) Students participating in Department of Juvenile
396 Justice programs pursuant to chapter 985 which are sponsored by
397 a community-based agency or are operated or contracted for by
398 the Department of Juvenile Justice shall receive education
399 educational programs according to rules of the State Board of
400 Education. These students shall be eligible for services
401 afforded to students enrolled in programs pursuant to s. 1003.53
402 and all corresponding State Board of Education rules.
403 (3) The district school board of the county in which the
404 juvenile justice education prevention, day treatment,
405 residential, or detention program residential or nonresidential
406 care facility or juvenile assessment facility is located shall
407 provide or contract for appropriate educational assessments and
408 an appropriate program of instruction and special education
410 (a) The district school board shall make provisions for
411 each student to participate in basic, career education, and
412 exceptional student programs as appropriate. Students served in
413 Department of Juvenile Justice programs shall have access to the
414 appropriate courses and instruction to prepare them for the high
415 school equivalency examination GED test. Students participating
416 in high school equivalency examination GED preparation programs
417 shall be funded at the basic program cost factor for Department
418 of Juvenile Justice programs in the Florida Education Finance
419 Program. Each program shall be conducted according to applicable
420 law providing for the operation of public schools and rules of
421 the State Board of Education. School districts shall provide the
422 high school equivalency examination GED exit option for all
423 juvenile justice programs.
424 (b) By October 1, 2004, The Department of Education, with
425 the assistance of the school districts and juvenile justice
426 education providers, shall select a common student assessment
427 instrument and protocol for measuring student learning gains and
428 student progression while a student is in a juvenile justice
429 education program. The Department of Education and Department of
430 Juvenile Justice shall jointly review the effectiveness of this
431 assessment and implement changes as necessary The assessment
432 instrument and protocol must be implemented in all juvenile
433 justice education programs in this state by January 1, 2005.
434 (4) Educational services shall be provided at times of the
435 day most appropriate for the juvenile justice program. School
436 programming in juvenile justice detention, prevention, day
437 treatment, and residential commitment, and rehabilitation
438 programs shall be made available by the local school district
439 during the juvenile justice school year, as provided defined in
440 s. 1003.01(11). In addition, students in juvenile justice
441 education programs shall have access to courses offered pursuant
442 to ss. 1002.37, 1002.45, and 1003.498 Florida Virtual School
443 courses. The Department of Education and the school districts
444 shall adopt policies necessary to provide ensure such access.
445 (5) The educational program shall provide instruction based
446 on each student’s individualized transition plan, assessed
447 educational needs, and the education programs available in the
448 school district in which the student will return. Depending on
449 the student’s needs, educational programming may consist of
450 remedial courses, consist of appropriate basic academic courses
451 required for grade advancement, career education courses, high
452 school equivalency examination preparation, or exceptional
453 student education curricula and related services which support
454 the transition treatment goals and reentry and which may lead to
455 completion of the requirements for receipt of a high school
456 diploma or its equivalent. Prevention and day treatment juvenile
457 justice education programs, at a minimum, shall provide career
458 readiness and exploration opportunities as well as truancy and
459 dropout prevention intervention services. Residential juvenile
460 justice education programs with a contracted minimum length of
461 stay of 9 months shall provide career education courses that
462 lead to preapprentice certifications, industry certifications,
463 occupational completion points, or work-related certifications.
464 Residential programs with contracted lengths of stay of less
465 than 9 months may provide career education courses that lead to
466 preapprentice certifications, industry certifications,
467 occupational completion points, or work-related certifications.
468 If the duration of a program is less than 40 days, the
469 educational component may be limited to tutorial remediation
470 activities, and career employability skills instruction,
471 education counseling, and transition services that prepare
472 students for a return to school, the community, and their home
473 settings based on the students’ needs.
474 (6) Participation in the program by students of compulsory
475 school-attendance age as provided for in s. 1003.21 shall be
476 mandatory. All students of noncompulsory school-attendance age
477 who have not received a high school diploma or its equivalent
478 shall participate in the educational program, unless the student
479 files a formal declaration of his or her intent to terminate
480 school enrollment as described in s. 1003.21 and is afforded the
481 opportunity to take the general educational development test and
482 attain a Florida high school diploma before prior to release
483 from a juvenile justice education program facility. A student
484 youth who has received a high school diploma or its equivalent
485 and is not employed shall participate in workforce development
486 or other career or technical education or Florida College System
487 institution or university courses while in the program, subject
488 to available funding.
489 (7) An individualized A progress monitoring plan shall be
490 developed for all students not classified as exceptional
491 education students upon entry in a juvenile justice education
492 program and upon reentry in the school district who score below
493 the level specified in district school board policy in reading,
494 writing, and mathematics or below the level specified by the
495 Commissioner of Education on statewide assessments as required
496 by s. 1008.25. These plans shall address academic, literacy, and
497 career and technical life skills and shall include provisions
498 for intensive remedial instruction in the areas of weakness.
499 (8) Each district school board shall maintain an academic
500 record for each student enrolled in a juvenile justice program
501 facility as prescribed by s. 1003.51. Such record shall
502 delineate each course completed by the student according to
503 procedures in the State Course Code Directory. The district
504 school board shall include a copy of a student’s academic record
505 in the discharge packet when the student exits the program
507 (9) Each The Department of Education shall ensure that all
508 district school board shall boards make provisions for high
509 school level students youth to earn credits toward high school
510 graduation while in residential and nonresidential juvenile
511 justice programs facilities. Provisions must be made for the
512 transfer of credits and partial credits earned.
513 (10) School districts and juvenile justice education
514 providers shall develop individualized transition plans during
515 the course of a student’s stay in a juvenile justice education
516 program to coordinate academic, career and technical, and
517 secondary and postsecondary services that assist the student in
518 successful community reintegration upon release. Development of
519 the transition plan shall be a collaboration of the personnel in
520 the juvenile justice education program, reentry personnel,
521 personnel from the school district where the student will
522 return, the student, the student’s family, and Department of
523 Juvenile Justice personnel for committed students.
524 (a) Transition planning must begin upon a student’s
525 placement in the program. The transition plan must include, at a
527 1. Services and interventions that address the student’s
528 assessed educational needs and postrelease education plans.
529 2. Services to be provided during the program stay and
530 services to be implemented upon release, including, but not
531 limited to, continuing education in secondary school, career and
532 technical programs, postsecondary education, or employment,
533 based on the student’s needs.
534 3. Specific monitoring responsibilities to determine
535 whether the individualized transition plan is being implemented
536 and the student is provided access to support services that will
537 sustain the student’s success by individuals who are responsible
538 for the reintegration and coordination of these activities.
539 (b) For the purpose of transition planning and reentry
540 services, representatives from the school district and the one
541 stop center where the student will return shall participate as
542 members of the local Department of Juvenile Justice reentry
543 teams. The school district, upon return of a student from a
544 juvenile justice education program, must consider the individual
545 needs and circumstances of the student and the transition plan
546 recommendations when reenrolling a student in a public school. A
547 local school district may not maintain a standardized policy for
548 all students returning from a juvenile justice program but place
549 students based on their needs and their performance in the
551 (c) The Department of Education and the Department of
552 Juvenile Justice shall provide oversight and guidance to school
553 districts, education providers, and reentry personnel on how to
554 implement effective educational transition planning and
556 (11) (10) The district school board shall recruit and train
557 teachers who are interested, qualified, or experienced in
558 educating students in juvenile justice programs. Students in
559 juvenile justice programs shall be provided a wide range of
560 education educational programs and opportunities including
561 textbooks, technology, instructional support, and other
562 resources commensurate with resources provided available to
563 students in public schools, including textbooks and access to
564 technology. If the district school board operates a juvenile
565 justice education program at a juvenile justice facility, the
566 district school board, in consultation with the director of the
567 juvenile justice facility, shall select the instructional
568 personnel assigned to that program. The Secretary of Juvenile
569 Justice or the director of a juvenile justice program may
570 request that the performance of a teacher assigned by the
571 district to a juvenile justice education program be reviewed by
572 the district and that the teacher be reassigned based upon an
573 evaluation conducted pursuant to s. 1012.34 or for inappropriate
574 behavior Teachers assigned to educational programs in juvenile
575 justice settings in which the district school board operates the
576 educational program shall be selected by the district school
577 board in consultation with the director of the juvenile justice
578 facility. Educational programs in Juvenile justice education
579 programs facilities shall have access to the substitute teacher
580 pool used utilized by the district school board.
581 (12) (11) District school boards may contract with a private
582 provider for the provision of education educational programs to
583 students youths placed with the Department of Juvenile Justice
584 and shall generate local, state, and federal funding, including
585 funding through the Florida Education Finance Program for such
586 students. The district school board’s planning and budgeting
587 process shall include the needs of Department of Juvenile
588 Justice programs in the district school board’s plan for
589 expenditures for state categorical and federal funds.
590 (13) (12)(a) Funding for eligible students enrolled in
591 juvenile justice education programs shall be provided through
592 the Florida Education Finance Program as provided in s. 1011.62
593 and the General Appropriations Act. Funding shall include, at a
595 1. Weighted program funding or the basic amount for current
596 operation multiplied by the district cost differential as
597 provided in s. 1011.62(1)(s) and (2);
598 2. The supplemental allocation for juvenile justice
599 education as provided in s. 1011.62(10);
600 3. A proportionate share of the district’s exceptional
601 student education guaranteed allocation, the supplemental
602 academic instruction allocation, and the instructional materials
604 4. An amount equivalent to the proportionate share of the
605 state average potential discretionary local effort for
606 operations, which shall be determined as follows:
607 a. If the district levies the maximum discretionary local
608 effort and the district’s discretionary local effort per FTE is
609 less than the state average potential discretionary local effort
610 per FTE, the proportionate share shall include both the
611 discretionary local effort and the compression supplement per
612 FTE. If the district’s discretionary local effort per FTE is
613 greater than the state average per FTE, the proportionate share
614 shall be equal to the state average; or
615 b. If the district does not levy the maximum discretionary
616 local effort and the district’s actual discretionary local
617 effort per FTE is less than the state average potential
618 discretionary local effort per FTE, the proportionate share
619 shall be equal to the district’s actual discretionary local
620 effort per FTE. If the district’s actual discretionary local
621 effort per FTE is greater than the state average per FTE, the
622 proportionate share shall be equal to the state average
623 potential local effort per FTE; and
624 5. A proportionate share of the district’s proration to
625 funds available, if necessary.
626 (b) Juvenile justice education educational programs to
627 receive the appropriate FEFP funding for Department of Juvenile
628 Justice programs shall include those operated through a contract
629 with the Department of Juvenile Justice and which are under
630 purview of the Department of Juvenile Justice quality assurance
631 standards for education.
632 (c) Consistent with the rules of the State Board of
633 Education, district school boards are required to request an
634 alternative FTE survey for Department of Juvenile Justice
635 programs experiencing fluctuations in student enrollment.
636 (d) FTE count periods shall be prescribed in rules of the
637 State Board of Education and shall be the same for programs of
638 the Department of Juvenile Justice as for other public school
639 programs. The summer school period for students in Department of
640 Juvenile Justice programs shall begin on the day immediately
641 following the end of the regular school year and end on the day
642 immediately preceding the subsequent regular school year.
643 Students shall be funded for no more than 25 hours per week of
644 direct instruction.
645 (e) Each juvenile justice education program must receive
646 all federal funds for which the program is eligible.
647 (14) (13) Each district school board shall negotiate a
648 cooperative agreement with the Department of Juvenile Justice on
649 the delivery of educational services to students youths under
650 the jurisdiction of the Department of Juvenile Justice. Such
651 agreement must include, but is not limited to:
652 (a) Roles and responsibilities of each agency, including
653 the roles and responsibilities of contract providers.
654 (b) Administrative issues including procedures for sharing
656 (c) Allocation of resources including maximization of
657 local, state, and federal funding.
658 (d) Procedures for educational evaluation for educational
659 exceptionalities and special needs.
660 (e) Curriculum and delivery of instruction.
661 (f) Classroom management procedures and attendance
663 (g) Procedures for provision of qualified instructional
664 personnel, whether supplied by the district school board or
665 provided under contract by the provider, and for performance of
666 duties while in a juvenile justice setting.
667 (h) Provisions for improving skills in teaching and working
668 with students referred to juvenile justice programs delinquents.
669 (i) Transition plans for students moving into and out of
670 juvenile programs facilities.
671 (j) Procedures and timelines for the timely documentation
672 of credits earned and transfer of student records.
673 (k) Methods and procedures for dispute resolution.
674 (l) Provisions for ensuring the safety of education
675 personnel and support for the agreed-upon education program.
676 (m) Strategies for correcting any deficiencies found
677 through the accountability and evaluation system and student
678 performance measures quality assurance process.
679 (15) (14) Nothing in this section or in a cooperative
680 agreement requires shall be construed to require the district
681 school board to provide more services than can be supported by
682 the funds generated by students in the juvenile justice
684 (16) (15)(a) The Department of Education, in consultation
685 with the Department of Juvenile Justice, district school boards,
686 and providers, shall adopt rules establishing: establish
687 (a) Objective and measurable student performance measures
688 to evaluate a student’s educational progress while participating
689 in a prevention, day treatment, or residential program. The
690 student performance measures must be based on appropriate
691 outcomes for all students in juvenile justice education
692 programs, taking into consideration the student’s length of stay
693 in the program. Performance measures shall include outcomes that
694 relate to student achievement of career education goals,
695 acquisition of employability skills, receipt of a high school
696 diploma, and grade advancement.
697 (b) A performance rating system to be used by the
698 Department of Education to evaluate quality assurance standards
699 for the delivery of educational services within each of the
700 juvenile justice programs. The performance rating shall be
701 primarily based on data regarding student performance as
702 described in paragraph (a) component of residential and
703 nonresidential juvenile justice facilities.
704 (c) The timeframes, procedures, and resources to be used to
705 improve a low-rated educational program or to terminate or
706 reassign the program These standards shall rate the district
707 school board’s performance both as a provider and contractor.
708 The quality assurance rating for the educational component shall
709 be disaggregated from the overall quality assurance score and
710 reported separately.
711 (d) (b) The Department of Education, in partnership with the
712 Department of Juvenile Justice, shall develop a comprehensive
713 accountability and program improvement quality assurance review
714 process. The accountability and program improvement process
715 shall be based on student performance measures by type of
716 program and shall rate education program performance. The
717 accountability system shall identify and recognize high
718 performing education programs. The Department of Education, in
719 partnership with the Department of Juvenile Justice, shall
720 identify low-performing programs. Low-performing education
721 programs shall receive an onsite program evaluation from the
722 Department of Juvenile Justice. School improvement, technical
723 assistance, or the reassignment of the program shall be based,
724 in part, on the results of the program evaluation. Through a
725 corrective action process, low-performing programs must
726 demonstrate improvement or reassign the program and schedule for
727 the evaluation of the educational component in juvenile justice
728 programs. The Department of Juvenile Justice quality assurance
729 site visit and the education quality assurance site visit shall
730 be conducted during the same visit .
731 (c) The Department of Education, in consultation with
732 district school boards and providers, shall establish minimum
733 thresholds for the standards and key indicators for educational
734 programs in juvenile justice facilities. If a district school
735 board fails to meet the established minimum standards, it will
736 be given 6 months to achieve compliance with the standards. If
737 after 6 months, the district school board’s performance is still
738 below minimum standards, the Department of Education shall
739 exercise sanctions as prescribed by rules adopted by the State
740 Board of Education. If a provider, under contract with the
741 district school board, fails to meet minimum standards, such
742 failure shall cause the district school board to cancel the
743 provider’s contract unless the provider achieves compliance
744 within 6 months or unless there are documented extenuating
746 (d) The requirements in paragraphs (a), (b), and (c) shall
747 be implemented to the extent that funds are available.
748 (17) The department, in collaboration with the Department
749 of Juvenile Justice, shall collect data and report on
750 commitment, day treatment, prevention, and detention programs.
751 The report shall be submitted to the President of the Senate,
752 the Speaker of the House of Representatives, and the Governor by
753 February 1 of each year. The report must include, at a minimum:
754 (a) The number and percentage of students who:
755 1. Return to an alternative school, middle school, or high
756 school upon release and the attendance rate of such students
757 before and after participation in juvenile justice education
759 2. Receive a standard high school diploma or a high school
760 equivalency diploma.
761 3. Receive industry certification.
762 4. Receive occupational completion points.
763 5. Enroll in a postsecondary educational institution.
764 6. Complete a juvenile justice education program without
766 7. Reoffend within 1 year after completion of a day
767 treatment or residential commitment program.
768 8. Remain employed 1 year after completion of a day
769 treatment or residential commitment program.
770 9. Demonstrate learning gains pursuant to paragraph (3)(b).
771 (b) The following cost data for each juvenile justice
772 education program:
773 1. The amount of funding provided by district school boards
774 to juvenile justice programs and the amount retained for
775 administration, including documenting the purposes of such
777 2. The status of the development of cooperative agreements.
778 3. Recommendations for system improvement.
779 4. Information on the identification of, and services
780 provided to, exceptional students, to determine whether these
781 students are properly reported for funding and are appropriately
783 (18) (16) The district school board shall not be charged any
784 rent, maintenance, utilities, or overhead on such facilities.
785 Maintenance, repairs, and remodeling of existing facilities
786 shall be provided by the Department of Juvenile Justice.
787 (19) (17) When additional facilities are required, the
788 district school board and the Department of Juvenile Justice
789 shall agree on the appropriate site based on the instructional
790 needs of the students. When the most appropriate site for
791 instruction is on district school board property, a special
792 capital outlay request shall be made by the commissioner in
793 accordance with s. 1013.60. When the most appropriate site is on
794 state property, state capital outlay funds shall be requested by
795 the Department of Juvenile Justice provided by s. 216.043 and
796 shall be submitted as specified by s. 216.023. Any instructional
797 facility to be built on state property shall have educational
798 specifications jointly developed by the district school board
799 and the Department of Juvenile Justice and approved by the
800 Department of Education. The size of space and occupant design
801 capacity criteria as provided by State Board of Education rules
802 shall be used for remodeling or new construction whether
803 facilities are provided on state property or district school
804 board property.
805 (20) (18) The parent of an exceptional student shall have
806 the due process rights provided for in this chapter.
807 (19) The Department of Education and the Department of
808 Juvenile Justice, after consultation with and assistance from
809 local providers and district school boards, shall report
810 annually to the Legislature by February 1 on the progress toward
811 developing effective educational programs for juvenile
812 delinquents, including the amount of funding provided by
813 district school boards to juvenile justice programs, the amount
814 retained for administration including documenting the purposes
815 for such expenses, the status of the development of cooperative
816 agreements, the results of the quality assurance reviews
817 including recommendations for system improvement, and
818 information on the identification of, and services provided to,
819 exceptional students in juvenile justice commitment facilities
820 to determine whether these students are properly reported for
821 funding and are appropriately served.
822 (21) (20) The education educational programs at the Arthur
823 Dozier School for Boys in Jackson County and the Florida School
824 for Boys in Okeechobee shall be operated by the Department of
825 Education, either directly or through grants or contractual
826 agreements with other public or duly accredited education
827 agencies approved by the Department of Education.
828 (22) (21) The State Board of Education shall may adopt any
829 rules necessary to implement the provisions of this section ,
830 including uniform curriculum, funding, and second chance
831 schools. Such rules must require the minimum amount of paperwork
832 and reporting.
833 (23) (22) The Department of Juvenile Justice and the
834 Department of Education, in consultation with Workforce Florida,
835 Inc., the statewide Workforce Development Youth Council,
836 district school boards, Florida College System institutions,
837 providers, and others, shall jointly develop a multiagency plan
838 for career education which describes the funding, curriculum,
839 transfer of credits, goals, and outcome measures for career
840 education programming in juvenile commitment facilities,
841 pursuant to s. 985.622. The plan must be reviewed annually.
842 Section 5. Subsection (3) of section 985.632, Florida
843 Statutes, is amended to read:
844 985.632 Quality assurance and cost-effectiveness.—
845 (3) The department shall annually collect and report cost
846 data for every program operated or contracted by the department.
847 The cost data shall conform to a format approved by the
848 department and the Legislature. Uniform cost data shall be
849 reported and collected for state-operated and contracted
850 programs so that comparisons can be made among programs. The
851 department shall ensure that there is accurate cost accounting
852 for state-operated services including market-equivalent rent and
853 other shared cost. The cost of the educational program provided
854 to a residential facility shall be reported and included in the
855 cost of a program. The department shall submit an annual cost
856 report to the President of the Senate, the Speaker of the House
857 of Representatives, the Minority Leader of each house of the
858 Legislature, the appropriate substantive and fiscal committees
859 of each house of the Legislature, and the Governor, no later
860 than December 1 of each year. Cost-benefit analysis for
861 educational programs will be developed and implemented in
862 collaboration with and in cooperation with the Department of
863 Education, local providers, and local school districts. Cost
864 data for the report shall include data collected by the
865 Department of Education for the purposes of preparing the annual
866 report required by s. 1003.52(17) 1003.52(19).
867 Section 6. Paragraph (b) of subsection (18) of section
868 1001.42, Florida Statutes, is amended to read:
869 1001.42 Powers and duties of district school board.—The
870 district school board, acting as a board, shall exercise all
871 powers and perform all duties listed below:
872 (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.
873 Maintain a state system of school improvement and education
874 accountability as provided by statute and State Board of
875 Education rule. This system of school improvement and education
876 accountability shall be consistent with, and implemented
877 through, the district’s continuing system of planning and
878 budgeting required by this section and ss. 1008.385, 1010.01,
879 and 1011.01. This system of school improvement and education
880 accountability shall comply with the provisions of ss. 1008.33,
881 1008.34, 1008.345, and 1008.385 and include the following:
882 (b) Public disclosure.—The district school board shall
883 provide information regarding the performance of students and
884 educational programs as required pursuant to ss. 1008.22 and
885 1008.385 and implement a system of school reports as required by
886 statute and State Board of Education rule which shall include
887 schools operating for the purpose of providing educational
888 services to students youth in Department of Juvenile Justice
889 programs, and for those schools, report on the elements
890 specified in s. 1003.52(16) 1003.52(19). Annual public
891 disclosure reports shall be in an easy-to-read report card
892 format and shall include the school’s grade, high school
893 graduation rate calculated without high school equivalency
894 examinations GED tests, disaggregated by student ethnicity, and
895 performance data as specified in state board rule.
896 Section 7. This act shall take effect July 1, 2014.
898 ================= T I T L E A M E N D M E N T ================
899 And the title is amended as follows:
900 Delete everything before the enacting clause
901 and insert:
902 A bill to be entitled
903 An act relating to juvenile justice education
904 programs; amending s. 985.622, F.S.; revising
905 requirements for the multiagency education plan for
906 students in juvenile justice education programs,
907 including virtual education as an option; amending s.
908 1001.31, F.S.; authorizing instructional personnel at
909 all juvenile justice facilities to access specific
910 student records at the district; amending s. 1003.51,
911 F.S.; revising terminology; revising requirements for
912 rules to be maintained by the State Board of
913 Education; providing expectations for effective
914 education programs for students in Department of
915 Juvenile Justice programs; revising requirements for
916 contract and cooperative agreements for the delivery
917 of appropriate education services to students in
918 Department of Juvenile Justice programs; requiring the
919 Department of Education to ensure that juvenile
920 justice students who are eligible have access to high
921 school equivalency testing and assist juvenile justice
922 education programs with becoming high school
923 equivalency testing centers; revising requirements for
924 an accountability system for juvenile justice
925 education programs; revising requirements for district
926 school boards; amending s. 1003.52, F.S.; revising
927 requirements for activities to be coordinated by the
928 coordinators for juvenile justice education programs;
929 authorizing contracting for educational assessments;
930 revising requirements for assessments; authorizing
931 access to local virtual education courses; requiring
932 that an education program shall be based on each
933 student’s transition plan and assessed educational
934 needs; providing requirements for prevention and day
935 treatment juvenile justice education programs;
936 requiring progress monitoring plans for all students
937 not classified as exceptional student education
938 students; revising requirements for such plans;
939 requiring that the Department of Education, in
940 partnership with the Department of Juvenile Justice,
941 ensure that school districts and juvenile justice
942 education providers develop individualized transition
943 plans; providing requirements for such plans;
944 providing that the Secretary of Juvenile Justice or
945 the director of a juvenile justice program may request
946 that a school district teacher’s performance be
947 reviewed by the district and that the teacher be
948 reassigned in certain circumstances; requiring the
949 Department of Education to establish by rule objective
950 and measurable student performance measures and
951 program performance ratings; providing requirements
952 for such ratings; requiring a comprehensive
953 accountability and program improvement process;
954 providing requirements for such a process; deleting
955 provisions for minimum thresholds for the standards
956 and key indicators for education programs in juvenile
957 justice facilities; revising data collection and
958 annual report requirements; deleting provisions
959 concerning the Arthur Dozier School for Boys;
960 requiring rulemaking; amending ss. 985.632 and
961 1001.42, F.S.; revising terminology; revising a cross
962 reference; providing an effective date.