Florida Senate - 2014 SB 598
By Senator Bean
1 A bill to be entitled
2 An act relating to juvenile justice education
3 programs; amending s. 985.622, F.S.; revising
4 requirements for the multiagency career education plan
5 for students in juvenile justice education programs;
6 revising terminology; revising the date by which the
7 Department of Juvenile Justice and the Department of
8 Education are required to align certain policies and
9 practices with the multiagency career education plan;
10 requiring both departments to provide a report on the
11 implementation of the multiagency education plan to
12 the Governor and the Legislature; amending s. 985.632,
13 F.S.; requiring the Department of Juvenile Justice to
14 provide cost and effectiveness information for
15 education programs and program activities to the
16 Legislature and to the public; requiring
17 implementation of an accountability system to ensure
18 student needs are met; deleting legislative intent
19 language; revising requirements for the department to
20 publish an annual report that includes data on
21 education program costs and effectiveness, student
22 learning gains, and recommendations for modification
23 or elimination of juvenile justice education programs
24 or program activities; amending s. 1001.31, F.S.;
25 expanding access to certain student records held by a
26 district school system to all instructional personnel
27 in juvenile justice education programs; amending s.
28 1003.51, F.S.; revising terminology; revising
29 requirements for rules adopted by the State Board of
30 Education related to policies and standards for
31 students in juvenile justice education programs;
32 providing expectations for effective education
33 programs for students in Department of Juvenile
34 Justice programs; revising requirements for contract
35 and cooperative agreements for the delivery of
36 appropriate education services to students in juvenile
37 justice education programs; requiring education
38 providers to maintain additional education records for
39 students in juvenile justice education programs;
40 requiring the Department of Education to ensure that
41 students in juvenile justice education programs who
42 are eligible have access to high school equivalency
43 examinations and to assist juvenile justice education
44 programs with becoming high school equivalency
45 examination centers; requiring district school boards
46 to respond to a request for student education records,
47 to provide access to certain courses to students in
48 juvenile justice education programs, to complete
49 certain assessments, and to monitor compliance with
50 education contracts for students in juvenile justice
51 education programs; revising requirements for an
52 accountability system for all juvenile justice
53 education programs; amending s. 1003.52, F.S.;
54 revising legislative findings and activities related
55 to educational services in juvenile justice education
56 programs to be coordinated between the Department of
57 Education and the Department of Juvenile Justice;
58 revising requirements for a joint agency plan for
59 juvenile justice education service enhancements;
60 authorizing contracting for educational assessments,
61 programs of instruction, and education services;
62 revising requirements for assessments; requiring
63 access to local virtual education courses in juvenile
64 justice education programs; requiring that an
65 educational program be based on each student’s
66 transition plan, each student’s assessed educational
67 needs, and programs available in the school district;
68 providing requirements for prevention, day treatment,
69 and residential juvenile justice education programs;
70 requiring individualized progress monitoring plans for
71 all students not classified as students of exceptional
72 student education programs upon the students’ entry
73 into a juvenile justice program and reentry into a
74 school district; revising requirements for the
75 individualized progress monitoring plan; requiring
76 that school districts and juvenile justice education
77 providers develop an individualized transition plan
78 for students in consultation with others; providing
79 requirements for the individualized transition plan;
80 requiring a school district to consider the
81 individualized transition plan when reenrolling a
82 student in district schools; requiring the Department
83 of Education and the Department of Juvenile Justice to
84 provide oversight and guidance on transition planning
85 and services; authorizing the Secretary of Juvenile
86 Justice or the director of a juvenile justice facility
87 to request that a school district teacher’s
88 performance in a juvenile justice education program be
89 reviewed by the district and that the teacher be
90 reassigned in certain circumstances; revising the
91 eligibility of certain juvenile justice education
92 programs to receive Florida Education Finance Program
93 funding; revising the requirements of the cooperative
94 agreement between district school boards and the
95 Department of Juvenile Justice regarding the delivery
96 of educational services to students in juvenile
97 justice education programs; requiring the Department
98 of Education to establish by rule certain objective
99 and measurable student performance standards and
100 education program performance ratings; providing
101 requirements for such ratings; requiring a
102 comprehensive accountability and education program
103 improvement process; providing requirements for such a
104 process; deleting provisions establishing minimum
105 thresholds for the standards and key indicators for
106 education programs in juvenile justice programs;
107 requiring the Department of Education and the
108 Department of Juvenile Justice to monitor and report
109 specific data concerning the performance of students
110 in juvenile justice education programs; eliminating a
111 required annual report to the Legislature regarding
112 the development of effective education programs for
113 students in juvenile justice programs; requiring the
114 Department of Education and the Department of Juvenile
115 Justice to collect specific data on the development of
116 effective education programs for students in juvenile
117 justice programs; deleting references to educational
118 programs at the Arthur Dozier School for Boys;
119 requiring, rather than authorizing, the State Board of
120 Education to adopt rules; amending s. 1001.42, F.S.;
121 revising terminology; conforming a cross-reference;
122 providing a directive to the Division of Law Revision
123 and Information; providing an effective date.
125 Be It Enacted by the Legislature of the State of Florida:
127 Section 1. Section 985.622, Florida Statutes, is amended to
129 985.622 Multiagency plan for career
130 (1) The Department of Juvenile Justice and the Department
131 of Education shall, in consultation with the statewide Workforce
132 Development Youth Council, school districts, providers, and
133 others, jointly develop a multiagency plan for career vocational
134 education which that establishes the curriculum, goals, and
135 outcome measures for career vocational programs in juvenile
136 justice education programs commitment facilities. The plan must
137 be reviewed annually, be revised as appropriate, and include:
138 (a) Provisions for maximizing appropriate state and federal
139 funding sources, including funds under the Workforce Investment
140 Act and the Perkins Act;
141 (b) Provisions for eliminating barriers to the expansion of
142 occupation-specific job training and high school equivalency
143 examination preparation opportunities;
144 (c) (b) The responsibilities of both departments and all
145 other appropriate entities; and
146 (d) (c) A detailed implementation schedule.
147 (2) The plan must define career vocational programming that
148 is appropriate based upon:
149 (a) The age and assessed educational abilities and goals of
150 the student youth to be served; and
151 (b) The typical length of stay and custody characteristics
152 at the juvenile justice commitment program to which each student
153 youth is assigned.
154 (3) The plan must include a definition of career vocational
155 programming which that includes the following classifications of
156 juvenile justice education programs commitment facilities that
157 will offer career vocational programming by one of the following
159 (a) Type 1 A.—Programs that teach personal accountability
160 skills and behaviors that are appropriate for students youth in
161 all age groups and ability levels and that lead to work habits
162 that help maintain employment and living standards.
163 (b) Type 2 B.—Programs that include Type 1 A program
164 content and an orientation to the broad scope of career choices,
165 based upon personal abilities, aptitudes, and interests.
166 Exploring and gaining knowledge of occupation options and the
167 level of effort required to achieve them are essential
168 prerequisites to skill training.
169 (c) Type 3 C.—Programs that include Type 1 A program
170 content and the career education vocational competencies or the
171 prerequisites needed for entry into a specific occupation.
172 (4) The plan must also address strategies to facilitate
173 involvement of business and industry in the design, delivery,
174 and evaluation of career vocational programming in juvenile
175 justice commitment facilities and conditional release programs,
176 including apprenticeship and work experience programs, mentoring
177 and job shadowing, and other strategies that lead to postrelease
178 employment. Incentives for business involvement, such as tax
179 breaks, bonding, and liability limits, should be investigated,
180 implemented where appropriate, or recommended to the Legislature
181 for consideration.
182 (5) The plan must also evaluate the effect of the mobility
183 of students between juvenile justice education programs and
184 school districts on the educational outcomes of students and
185 whether the continuity of the education of students can be
186 better addressed through virtual education.
187 (6) (5) The Department of Juvenile Justice and the
188 Department of Education shall each align its respective agency
189 policies, practices, technical manuals, contracts, quality
190 assurance standards, performance-based-budgeting measures, and
191 outcome measures with the plan in juvenile justice education
192 programs commitment facilities by July 31, 2015 2001. Each
193 agency shall provide a report on the implementation of this
194 section to the Governor, the President of the Senate, and the
195 Speaker of the House of Representatives by August 31, 2015 2001.
196 (7) (6) All provider contracts executed by the Department of
197 Juvenile Justice or the school districts after January 1, 2015
198 2002, must be aligned with the plan.
199 (8) (7) The planning and execution of quality assurance
200 reviews conducted by the Department of Education or the
201 Department of Juvenile Justice after August 1, 2015 2002, must
202 be aligned with the plan.
203 (9) (8) Outcome measures reported by the Department of
204 Juvenile Justice and the Department of Education for students
205 youth released on or after January 1, 2016 2002, should include
206 outcome measures that conform to the plan.
207 Section 2. Subsections (1) and (3) of section 985.632,
208 Florida Statutes, are amended to read:
209 985.632 Quality assurance and cost-effectiveness.—
210 (1) The department shall:
211 (a) Provide cost and effectiveness information on programs
212 and program activities in order to compare, improve, or
213 eliminate a program or program activity as necessary.
214 (b) Provide cost and effectiveness data on programs and
215 program activities to the Legislature in order for resources to
216 be allocated for achieving desired performance outcomes.
217 (c) Provide cost and effectiveness information on programs
218 and program activities to the public.
219 (d) Implement a system of accountability in order to
220 provide the best and most appropriate programs and program
221 activities to meet student needs.
222 (e) Continue to improve service delivery It is the intent
223 of the Legislature that the department:
224 (a) Ensure that information be provided to decisionmakers
225 in a timely manner so that resources are allocated to programs
226 of the department which achieve desired performance levels.
227 (b) Provide information about the cost of such programs and
228 their differential effectiveness so that the quality of such
229 programs can be compared and improvements made continually.
230 (c) Provide information to aid in developing related policy
231 issues and concerns.
232 (d) Provide information to the public about the
233 effectiveness of such programs in meeting established goals and
235 (e) Provide a basis for a system of accountability so that
236 each client is afforded the best programs to meet his or her
238 (f) Improve service delivery to clients.
239 (g) Modify or eliminate activities that are not effective.
240 (3) By March 1 of each year, the department, in
241 consultation with the Department of Education, shall publish a
242 report on the costs and effectiveness of programs and program
243 activities. The report must include uniform cost data for each
244 program operated by the department or by providers under
245 contract with the department. The Department of Education shall
246 provide the cost data on each education program operated by a
247 school district or a provider under contract with a school
248 district. Cost data shall be formatted and presented in a manner
249 approved by the Legislature. The report must also include data
250 on student learning gains, as provided by the Department of
251 Education, for all juvenile justice education programs as
252 required under s. 1003.52(3)(b), information required under s.
253 1003.52(17) and (21), the cost-effectiveness of each program
254 offered, and recommendations for modification or elimination of
255 programs or program activities The department shall annually
256 collect and report cost data for every program operated or
257 contracted by the department. The cost data shall conform to a
258 format approved by the department and the Legislature. Uniform
259 cost data shall be reported and collected for state-operated and
260 contracted programs so that comparisons can be made among
261 programs. The department shall ensure that there is accurate
262 cost accounting for state-operated services including market
263 equivalent rent and other shared cost. The cost of the
264 educational program provided to a residential facility shall be
265 reported and included in the cost of a program. The department
266 shall submit an annual cost report to the President of the
267 Senate, the Speaker of the House of Representatives, the
268 Minority Leader of each house of the Legislature, the
269 appropriate substantive and fiscal committees of each house of
270 the Legislature, and the Governor, no later than December 1 of
271 each year. Cost-benefit analysis for educational programs will
272 be developed and implemented in collaboration with and in
273 cooperation with the Department of Education, local providers,
274 and local school districts. Cost data for the report shall
275 include data collected by the Department of Education for the
276 purposes of preparing the annual report required by s.
278 Section 3. Section 1001.31, Florida Statutes, is amended to
280 1001.31 Scope of district system.—A district school system
281 shall include all public schools, classes, and courses of
282 instruction and all services and activities directly related to
283 education in that district which are under the direction of the
284 district school officials. A district school system may also
285 include alternative site schools for disruptive or violent
286 students youth. Such schools for disruptive or violent students
287 youth may be funded by each district or provided through
288 cooperative programs administered by a consortium of school
289 districts, private providers, state and local law enforcement
290 agencies, and the Department of Juvenile Justice. Pursuant to
291 cooperative agreement, a district school system shall provide
292 instructional personnel at juvenile justice education programs
293 facilities of 50 or more beds or slots with access to the
294 district school system database for the purpose of accessing
295 student academic, immunization, and registration records for
296 students assigned to the programs. Such access must shall be in
297 the same manner as provided to other schools in the district.
298 Section 4. Section 1003.51, Florida Statutes, is amended to
300 1003.51 Other public educational services.—
301 (1) The general control of other public educational
302 services shall be vested in the State Board of Education except
303 as provided in this section herein. The State Board of Education
304 shall, at the request of the Department of Children and Families
305 Family Services and the Department of Juvenile Justice, advise
306 as to standards and requirements relating to education to be met
307 in all state schools or institutions under their control which
308 provide educational programs. The Department of Education shall
309 provide supervisory services for the educational programs of all
310 such schools or institutions. The direct control of any of these
311 services provided as part of the district program of education
312 shall rest with the district school board. These services shall
313 be supported out of state, district, federal, or other lawful
314 funds, depending on the requirements of the services being
316 (2) The State Board of Education shall adopt rules and
317 maintain an administrative rule articulating expectations for
318 effective education programs for students youth in Department of
319 Juvenile Justice education programs, including, but not limited
320 to, education programs in juvenile justice prevention, day
321 treatment, residential, commitment and detention programs
322 facilities. The rules must establish rule shall articulate
323 policies and standards for education programs for students youth
324 in Department of Juvenile Justice programs and must shall
325 include the following:
326 (a) The interagency collaborative process needed to ensure
327 effective programs with measurable results.
328 (b) The responsibilities of the Department of Education,
329 the Department of Juvenile Justice, Workforce Florida, Inc.,
330 district school boards, and providers of education services to
331 students youth in Department of Juvenile Justice programs.
332 (c) Academic expectations.
333 (d) Career and technical expectations.
334 (e) Education transition planning and services.
335 (f) (d) Service delivery options available to district
336 school boards, including direct service and contracting.
337 (g) (e) Assessment procedures, which:
338 1. For prevention, day treatment, and residential programs,
339 include appropriate academic and career assessments administered
340 at program entry and exit which that are selected by the
341 Department of Education in partnership with representatives from
342 the Department of Juvenile Justice, district school boards, and
343 education providers.
344 2. Require academic assessments for students in a detention
345 facility to be administered within 5 school days, and career
346 assessments or career interest surveys to be administered within
347 22 school days, after entry into the facility. A detention
348 facility may not use the common assessment and shall use an
349 academic assessment for reading and mathematics which must be
350 the foundation for developing a student’s educational program
351 Require district school boards to be responsible for ensuring
352 the completion of the assessment process.
353 3. Require assessments for students in detention who will
354 move on to commitment facilities, to be designed to create the
355 foundation for developing the student’s education program in the
356 assigned commitment facility.
357 3. 4. Require assessments of students in juvenile justice
358 education programs sent directly to commitment facilities to be
359 completed within the first 10 school days after a of the
360 student’s entry into an education program commitment.
362 The results of these assessments, together with a portfolio
363 depicting the student’s academic and career accomplishments,
364 shall be included in the discharge packet package assembled for
365 each student youth.
366 (h) (f) Recommended instructional programs, including, but
367 not limited to, secondary education, high school equivalency
368 examination preparation, postsecondary education, career
369 training, and job preparation.
370 (i) (g) Funding requirements, which must shall include the
371 requirement that at least 90 percent of the FEFP funds generated
372 by students in Department of Juvenile Justice education programs
373 or in an education program for juveniles under s. 985.19 be
374 spent on instructional costs for those students. One hundred
375 percent of the formula-based categorical funds generated by
376 students in Department of Juvenile Justice education programs
377 must be spent on appropriate categoricals such as instructional
378 materials and public school technology for those students.
379 (j) (h) Qualifications of instructional staff, procedures
380 for the selection of instructional staff, and procedures for to
381 ensure consistent instruction and qualified staff year round.
382 Qualifications for career education instructors must be
383 standardized across the state and must be based on state
384 certification, local school district approval, and industry
385 recognized credentials and training. Procedures for the use of
386 noncertified instructional personnel who possess expert
387 knowledge or experience in their field of instruction must be
389 (k) (i) Transition services, including the roles and
390 responsibilities of appropriate personnel in the juvenile
391 justice education program, the school district to which the
392 student will return districts, provider organizations, and the
393 Department of Juvenile Justice.
394 (l) (j) Procedures and timeframe for transfer of education
395 records when a student youth enters and leaves a juvenile
396 justice education program facility.
397 (m) (k) The requirement that each district school board
398 maintain an academic transcript for each student enrolled in a
399 juvenile justice education program which facility that
400 delineates each course completed by the student as provided by
401 the State Course Code Directory.
402 (n) (l) The requirement that each district school board make
403 available and transmit a copy of a student’s transcript in the
404 discharge packet when the student exits a juvenile justice
405 program facility.
406 (o) (m) Contract requirements.
407 (p) (n) Performance expectations for providers and district
408 school boards, including student performance standards by type
409 of program, education program performance ratings, school
410 improvement, and corrective action plans for low-performing
411 education programs the provision of a progress monitoring plan
412 as required in s. 1008.25.
413 (q) (o) The role and responsibility of the district school
414 board in securing workforce development funds.
415 (r) (p) A series of graduated sanctions for district school
416 boards whose educational programs in Department of Juvenile
417 Justice programs facilities are considered to be unsatisfactory
418 and for instances in which district school boards fail to meet
419 standards prescribed by law, rule, or State Board of Education
420 policy. These sanctions must shall include the option of
421 requiring a district school board to contract with a provider or
422 another district school board if the educational program in at
423 the Department of Juvenile Justice program is performing below
424 minimum standards facility has failed a quality assurance review
425 and, after 6 months, is still performing below minimum
427 (s) Curriculum, guidance counseling, transition, and
428 education services expectations, including curriculum
429 flexibility for detention facilities operated by the Department
430 of Juvenile Justice.
431 (t) (q) Other aspects of program operations.
432 (3) The Department of Education, in partnership with the
433 Department of Juvenile Justice, the district school boards, and
434 providers, shall:
435 (a) Develop and implement requirements for contracts and
436 cooperative agreements regarding Maintain model contracts for
437 the delivery of appropriate education services to students youth
438 in Department of Juvenile Justice education programs to be used
439 for the development of future contracts. The minimum contract
440 requirements must include, but are not limited to, payment
441 structure and amounts; access to district services; contract
442 management provisions; data reporting requirements, including
443 reporting of full-time equivalent student membership;
444 administration of federal programs such as Title I, exceptional
445 student education, and the Carl D. Perkins Career and Technical
446 Education Act of 2006; and model contracts shall reflect the
447 policy and standards included in subsection (2). The Department
448 of Education shall ensure that appropriate district school board
449 personnel are trained and held accountable for the management
450 and monitoring of contracts for education programs for youth in
451 juvenile justice residential and nonresidential facilities .
452 (b) Develop and implement Maintain model procedures for
453 transitioning students youth into and out of Department of
454 Juvenile Justice education programs. These procedures must shall
455 reflect the policy and standards adopted pursuant to subsection
457 (c) Maintain standardized required content of education
458 records to be included as part of a student’s youth’s commitment
459 record and implement procedures for securing the student’s
460 education records. The education records must These requirements
461 shall reflect the policy and standards adopted pursuant to
462 subsection (2) and shall include, but are not be limited to, the
464 1. A copy of the student’s individual educational plan.
465 2. A copy of the student’s individualized progress
466 monitoring plan.
467 3. A copy of the student’s individualized transition plan.
468 4. 2. Data on student performance on assessments taken
469 according to s. 1008.22.
470 5. 3. A copy of the student’s permanent cumulative record.
471 6. 4. A copy of the student’s academic transcript.
472 7. 5. A portfolio reflecting the student’s youth’s academic
473 and career and technical accomplishments, if age appropriate,
474 while in the Department of Juvenile Justice program.
475 (d) Establish Maintain model procedures for securing the
476 education record and the roles and responsibilities of the
477 juvenile probation officer and others involved in the withdrawal
478 of the student from school and assignment to a juvenile justice
479 program commitment or detention facility. District school boards
480 shall respond to requests for student education records received
481 from another district school board or a juvenile justice
482 facility within 5 working days after receiving the request.
483 (4) Each The Department of Education shall ensure that
484 district school board shall: boards
485 (a) Notify students in juvenile justice education programs
486 residential or nonresidential facilities who attain the age of
487 16 years of the provisions of law regarding compulsory school
488 attendance and make available the option of enrolling in an
489 education a program to attain a Florida high school diploma by
490 taking the high school equivalency examination before General
491 Educational Development test prior to release from the program
492 facility. The Department of Education shall assist juvenile
493 justice education programs with becoming high school equivalency
494 examination centers District school boards or Florida College
495 System institutions, or both, shall waive GED testing fees for
496 youth in Department of Juvenile Justice residential programs and
497 shall, upon request, designate schools operating for the purpose
498 of providing educational services to youth in Department of
499 Juvenile Justice programs as GED testing centers, subject to GED
500 testing center requirements. The administrative fees for the
501 General Educational Development test required by the Department
502 of Education are the responsibility of district school boards
503 and may be required of providers by contractual agreement.
504 (b) Respond to a request for student education records
505 received from another district school board or a juvenile
506 justice education program within 5 working days after receiving
507 the request.
508 (c) Provide access to courses offered pursuant to ss.
509 1002.37, 1002.45, and 1003.498. School districts and providers
510 may enter into cooperative agreements for the provision of
511 curriculum associated with courses offered pursuant to s.
512 1003.498 to enable providers to offer such courses.
513 (d) Complete the assessment process required under
514 subsection (2).
515 (e) Monitor compliance with contracts for education
516 programs for students in juvenile justice prevention, day
517 treatment, residential, and detention programs.
518 (5) The Department of Education shall establish and
519 operate, either directly or indirectly through a contract, a
520 mechanism to provide accountability measures that annually
521 assess and evaluate all juvenile justice education programs
522 using student performance data and program performance ratings
523 by type of program quality assurance reviews of all juvenile
524 justice education programs and shall provide technical
525 assistance and related research to district school boards and
526 juvenile justice education providers on how to establish,
527 develop, and operate educational programs that exceed the
528 minimum quality assurance standards. The Department of
529 Education, in consultation with the Department of Juvenile
530 Justice, school districts, and education providers, shall
531 develop annual recommendations for system and school
533 Section 5. Section 1003.52, Florida Statutes, is amended to
535 1003.52 Educational services in Department of Juvenile
536 Justice education programs.—
537 (1) The Legislature finds that education is the single most
538 important factor in the rehabilitation of adjudicated delinquent
539 youth in the custody of Department of Juvenile Justice programs.
540 It is the goal of the Legislature that youth in the juvenile
541 justice system continue to be allowed the opportunity to obtain
542 a high quality education. The Department of Education shall
543 serve as the lead agency for juvenile justice education
544 programs, curriculum, support services, and resources. To this
545 end, the Department of Education and the Department of Juvenile
546 Justice shall each designate a Coordinator for Juvenile Justice
547 Education Programs to serve as the point of contact for
548 resolving issues not addressed by district school boards and to
549 provide each department’s participation in the following
551 (a) Training, collaborating, and coordinating with the
552 Department of Juvenile Justice, district school boards, regional
553 workforce boards, local youth councils, educational contract
554 providers, and juvenile justice providers, whether state
555 operated or contracted.
556 (b) Collecting information on the academic, career
557 education, and transition performance of students in juvenile
558 justice education programs and reporting on the results.
559 (c) Developing academic and career education protocols that
560 provide guidance to district school boards and juvenile justice
561 education providers in all aspects of education programming,
562 including records transfer and transition.
563 (d) Implementing a joint accountability, program
564 performance, and program improvement process Prescribing the
565 roles of program personnel and interdepartmental district school
566 board or provider collaboration strategies.
568 Annually, a cooperative agreement and plan for juvenile justice
569 education service enhancement shall be developed between the
570 Department of Juvenile Justice and the Department of Education
571 and submitted to the Secretary of Juvenile Justice and the
572 Commissioner of Education by June 30. The plan must include, at
573 a minimum, each agency’s role regarding educational program
574 accountability, technical assistance, training, and coordination
575 of services.
576 (2) Students participating in Department of Juvenile
577 Justice education programs pursuant to chapter 985 which are
578 sponsored by a community-based agency or are operated or
579 contracted for by the Department of Juvenile Justice shall
580 receive education educational programs according to rules of the
581 State Board of Education. These students shall be eligible for
582 services afforded to students enrolled in programs pursuant to
583 s. 1003.53 and all corresponding State Board of Education rules.
584 (3) The district school board of the county in which the
585 juvenile justice prevention, day treatment, residential, or
586 detention program residential or nonresidential care facility or
587 juvenile assessment facility is located shall provide or
588 contract for appropriate educational assessments and an
589 appropriate program of instruction and special education
591 (a) The district school board shall make provisions for
592 each student to participate in basic, career education, and
593 exceptional student programs as appropriate. Students served in
594 Department of Juvenile Justice education programs shall have
595 access to the appropriate courses and instruction to prepare
596 them for the high school equivalency examination GED test.
597 Students participating in high school equivalency examination
598 GED preparation programs shall be funded at the basic program
599 cost factor for Department of Juvenile Justice education
600 programs in the Florida Education Finance Program. Each program
601 shall be conducted according to applicable law providing for the
602 operation of public schools and rules of the State Board of
603 Education. School districts shall provide the high school
604 equivalency examination GED exit option for all juvenile justice
605 education programs.
606 (b) By October 1, 2004, The Department of Education, with
607 the assistance of the school districts and juvenile justice
608 education providers, shall select a common student assessment
609 instrument and protocol for measuring student learning gains and
610 student progression while a student is in a juvenile justice
611 education program. The Department of Education and the
612 Department of Juvenile Justice shall jointly review the
613 effectiveness of this assessment and implement changes as
614 necessary The assessment instrument and protocol must be
615 implemented in all juvenile justice education programs in this
616 state by January 1, 2005.
617 (4) Educational services shall be provided at times of the
618 day most appropriate for the juvenile justice program. School
619 programming in juvenile justice detention, prevention, day
620 treatment, and residential commitment, and rehabilitation
621 programs shall be made available by the local school district
622 during the juvenile justice school year, as provided defined in
623 s. 1003.01(11). In addition, students in juvenile justice
624 education programs shall have access to courses offered pursuant
625 to ss. 1002.37, 1002.45, and 1003.498 Florida Virtual School
626 courses. The Department of Education and the school districts
627 shall adopt policies necessary to provide ensure such access.
628 (5) The educational program must provide instruction based
629 on each student’s individualized transition plan, each student’s
630 assessed educational needs, and the education programs available
631 in the school district to which the student will return.
632 Depending on the student’s needs, educational programming may
633 consist of remedial courses, shall consist of appropriate basic
634 academic courses required for grade advancement, career
635 education courses, high school equivalency examination
636 preparation, or exceptional student education curricula and
637 related services that which support the transition treatment
638 goals and reentry and that which may lead to completion of the
639 requirements for receipt of a high school diploma or its
640 equivalent. Prevention and day treatment juvenile justice
641 education programs must provide, at a minimum, career readiness
642 and exploration opportunities as well as truancy and dropout
643 prevention intervention services. Juvenile justice education
644 programs in residential juvenile justice programs with a
645 contracted minimum length of stay of 9 months must provide
646 career education courses that lead to preapprentice
647 certifications, industry certifications, occupational completion
648 points, or work-related certifications. Residential programs
649 with a contracted length of stay of less than 9 months may
650 provide career education courses that lead to preapprentice
651 certifications, industry certifications, occupational completion
652 points, or work-related certifications. If the duration of a
653 program is less than 40 days, the educational component may be
654 limited to tutorial remediation activities, and career
655 employability skills instruction, education counseling, and
656 transition services that prepare students for a return to
657 school, the community, and their home settings, based on the
658 students’ needs.
659 (6) Participation in the program by students of compulsory
660 school-attendance age as provided for in s. 1003.21 is shall be
661 mandatory. All students of noncompulsory school-attendance age
662 who have not received a high school diploma or its equivalent
663 shall participate in the educational program , unless the student
664 files a formal declaration of his or her intent to terminate
665 school enrollment as described in s. 1003.21 and is afforded the
666 opportunity to take the high school equivalency examination
667 general educational development test and attain a Florida high
668 school diploma before prior to release from a juvenile justice
669 program facility. A student youth who has received a high school
670 diploma or its equivalent and is not employed shall participate
671 in workforce development or other career or technical education
672 or Florida College System institution or university courses
673 while in the program, subject to available funding.
674 (7) An individualized A progress monitoring plan shall be
675 developed for all students not classified as exceptional
676 education students upon entry in a juvenile justice education
677 program and upon reentry in the school district who score below
678 the level specified in district school board policy in reading,
679 writing, and mathematics or below the level specified by the
680 Commissioner of Education on statewide assessments as required
681 by s. 1008.25. These plans must shall address academic,
682 literacy, and career and technical life skills and must shall
683 include provisions for intensive remedial instruction in the
684 areas of weakness.
685 (8) Each district school board shall maintain an academic
686 record for each student enrolled in a juvenile justice education
687 program facility as prescribed in by s. 1003.51. Such record
688 must shall delineate each course completed by the student
689 according to procedures in the State Course Code Directory. The
690 district school board shall include a copy of a student’s
691 academic record in the discharge packet when the student exits
692 the program facility.
693 (9) Each The Department of Education shall ensure that all
694 district school board shall boards make provisions for high
695 school level students youth to earn credits toward high school
696 graduation while in residential and nonresidential juvenile
697 justice education programs facilities. Provisions must be made
698 for the transfer of credits and partial credits earned.
699 (10) School districts and juvenile justice education
700 providers shall develop individualized transition plans during
701 the course of a student’s enrollment in a juvenile justice
702 education program to coordinate academic, career and technical,
703 and secondary and postsecondary services that assist the student
704 in successful reintegration into the community upon release.
705 Development of the transition plan must be a collaboration of
706 the personnel in the juvenile justice education program, the
707 reentry personnel, the personnel from the school district to
708 which the student will return, the student, the student’s
709 family, and the personnel of the Department of Juvenile Justice
710 for those students who are committed to a facility of the
711 Department of Juvenile Justice.
712 (a) Transition planning must begin upon a student’s
713 placement in the program. The transition plan must include, at a
715 1. Services and interventions that address the student’s
716 assessed educational needs and postrelease education plans.
717 2. Services to be provided during the program stay and
718 services to be provided upon release, including, but not limited
719 to, continuing education in secondary school, career and
720 technical programs, postsecondary education, or employment,
721 based on the student’s needs.
722 3. Specific monitoring responsibilities to determine
723 whether the individualized transition plan is being implemented
724 and whether the student is provided access to support services
725 by individuals who are responsible for the student’s
726 reintegration into the community and for the coordination of
727 activities that will sustain the student’s success.
728 (b) For the purpose of transition planning and reentry
729 services, representatives from the one-stop career center and
730 the school district to which the student will return shall
731 participate as members of the local Department of Juvenile
732 Justice reentry team. The school district, upon a student’s
733 return from a juvenile justice program, shall consider the
734 individual needs and circumstances of the student and the
735 transition plan recommendations when reenrolling a student in a
736 public school. A local school district may not maintain a
737 standardized policy for all students returning from a juvenile
738 justice program but shall place a student based on the student’s
739 needs and performance in the juvenile justice education program.
740 (c) The Department of Education and the Department of
741 Juvenile Justice shall provide oversight and guidance to school
742 districts, education providers, and reentry personnel on the
743 implementation of effective educational transition planning and
745 (11) (10) The district school board shall recruit and train
746 teachers who are interested, qualified, or experienced in
747 educating students in juvenile justice education programs.
748 Students in juvenile justice education programs shall be
749 provided a wide range of education educational programs and
750 opportunities including textbooks, technology, instructional
751 support, and other resources commensurate with resources
752 provided available to students in public schools. If the
753 district school board operates a juvenile justice education
754 program at a juvenile justice facility, the district school
755 board, in consultation with the director of the juvenile justice
756 facility, shall select the instructional personnel assigned to
757 that program. The Secretary of Juvenile Justice or the director
758 of a juvenile justice facility may request that the performance
759 of a teacher assigned by the district to a juvenile justice
760 education program be reviewed by the district and that the
761 teacher be reassigned based upon an evaluation conducted
762 pursuant to s. 1012.34 or for inappropriate behavior Teachers
763 assigned to educational programs in juvenile justice settings in
764 which the district school board operates the educational program
765 shall be selected by the district school board in consultation
766 with the director of the juvenile justice facility. Educational
767 programs in Juvenile justice education programs must facilities
768 shall have access to the substitute teacher pool used utilized
769 by the district school board.
770 (12) (11) District school boards may contract with a private
771 provider for the provision of education educational programs to
772 students youths placed with the Department of Juvenile Justice
773 and shall generate local, state, and federal funding, including
774 funding through the Florida Education Finance Program for such
775 students. The district school board’s planning and budgeting
776 process must shall include the needs of Department of Juvenile
777 Justice education programs in the district school board’s plan
778 for expenditures for state categorical and federal funds.
779 (13) (12)(a) Funding for eligible students enrolled in
780 juvenile justice education programs shall be provided through
781 the Florida Education Finance Program as provided in s. 1011.62
782 and the General Appropriations Act. Funding must shall include,
783 at a minimum:
784 1. Weighted program funding or the basic amount for current
785 operation multiplied by the district cost differential as
786 provided in s. 1011.62(1)(s) and (2);
787 2. The supplemental allocation for juvenile justice
788 education as provided in s. 1011.62(10);
789 3. A proportionate share of the district’s exceptional
790 student education guaranteed allocation, the supplemental
791 academic instruction allocation, and the instructional materials
793 4. An amount equivalent to the proportionate share of the
794 state average potential discretionary local effort for
795 operations, which shall be determined as follows:
796 a. If the district levies the maximum discretionary local
797 effort and the district’s discretionary local effort per FTE is
798 less than the state average potential discretionary local effort
799 per FTE, the proportionate share must shall include both the
800 discretionary local effort and the compression supplement per
801 FTE. If the district’s discretionary local effort per FTE is
802 greater than the state average per FTE, the proportionate share
803 must shall be equal to the state average; or
804 b. If the district does not levy the maximum discretionary
805 local effort and the district’s actual discretionary local
806 effort per FTE is less than the state average potential
807 discretionary local effort per FTE, the proportionate share must
808 shall be equal to the district’s actual discretionary local
809 effort per FTE. If the district’s actual discretionary local
810 effort per FTE is greater than the state average per FTE, the
811 proportionate share must shall be equal to the state average
812 potential local effort per FTE; and
813 5. A proportionate share of the district’s proration to
814 funds available, if necessary.
815 (b) Juvenile justice education educational programs to
816 receive the appropriate FEFP funding for Department of Juvenile
817 Justice education programs must shall include those operated
818 through a contract with the Department of Juvenile Justice and
819 which are under purview of the Department of Juvenile Justice
820 quality assurance standards for education.
821 (c) Consistent with the rules of the State Board of
822 Education, district school boards shall are required to request
823 an alternative FTE survey for Department of Juvenile Justice
824 education programs experiencing fluctuations in student
826 (d) FTE count periods shall be prescribed in rules of the
827 State Board of Education and must shall be the same for programs
828 of the Department of Juvenile Justice as for other public school
829 programs. The summer school period for students in Department of
830 Juvenile Justice education programs must shall begin on the day
831 immediately following the end of the regular school year and end
832 on the day immediately preceding the subsequent regular school
833 year. Students shall be funded for no more than 25 hours per
834 week of direct instruction.
835 (e) Each juvenile justice education program must receive
836 all federal funds for which the program is eligible.
837 (14) (13) Each district school board shall negotiate a
838 cooperative agreement with the Department of Juvenile Justice on
839 the delivery of educational services to students youths under
840 the jurisdiction of the Department of Juvenile Justice. Such
841 agreement must include, but is not limited to:
842 (a) Roles and responsibilities of each agency, including
843 the roles and responsibilities of contract providers.
844 (b) Administrative issues including procedures for sharing
846 (c) Allocation of resources including maximization of
847 local, state, and federal funding.
848 (d) Procedures for educational evaluation for educational
849 exceptionalities and special needs.
850 (e) Curriculum and delivery of instruction.
851 (f) Classroom management procedures and attendance
853 (g) Procedures for provision of qualified instructional
854 personnel, whether supplied by the district school board or
855 provided under contract by the provider, and for performance of
856 duties while in a juvenile justice setting.
857 (h) Provisions for improving skills in teaching and working
858 with students referred to juvenile justice education programs
860 (i) Transition plans for students moving into and out of
861 juvenile justice education programs facilities.
862 (j) Procedures and timelines for the timely documentation
863 of credits earned and transfer of student records.
864 (k) Methods and procedures for dispute resolution.
865 (l) Provisions for ensuring the safety of education
866 personnel and support for the agreed-upon education program.
867 (m) Strategies for correcting any deficiencies found
868 through the accountability and evaluation system and student
869 performance standards quality assurance process.
870 (15) (14) Nothing in This section or in a cooperative
871 agreement does not shall be construed to require the district
872 school board to provide more services than can be supported by
873 the funds generated by students in the juvenile justice
874 education programs.
875 (16) (15)(a) The Department of Education, in consultation
876 with the Department of Juvenile Justice, district school boards,
877 and providers, shall adopt rules establishing: establish
878 (a) Objective and measurable student performance standards
879 to evaluate a student’s educational progress while participating
880 in a prevention, day treatment, or residential program. The
881 student performance standards must be based on appropriate
882 outcomes for all students in juvenile justice education
883 programs, taking into consideration a student’s length of stay
884 in the program. Performance standards must include outcomes that
885 relate to student achievement of career education goals,
886 acquisition of employability skills, receipt of a high school
887 diploma or its equivalent, and grade advancement.
888 (b) A performance rating system to be used by the
889 Department of Education to evaluate quality assurance standards
890 for the delivery of educational services within each juvenile
891 justice program. The performance rating must be primarily based
892 on data regarding student performance as described in paragraph
893 (a) component of residential and nonresidential juvenile justice
895 (c) The timeframes, procedures, and resources to be used to
896 improve a low-performing education program or to terminate or
897 reassign the education program These standards shall rate the
898 district school board’s performance both as a provider and
899 contractor. The quality assurance rating for the educational
900 component shall be disaggregated from the overall quality
901 assurance score and reported separately.
902 (d) (b) The Department of Education shall develop A
903 comprehensive accountability and program improvement quality
904 assurance review process. The accountability and program
905 improvement process must be based on student performance
906 measures by type of program and must rate education program
907 performance. The accountability system must identify and
908 recognize high-performing education programs. The Department of
909 Education, in partnership with the Department of Juvenile
910 Justice, shall identify low-performing education programs. Low
911 performing education programs must receive an onsite program
912 evaluation from the Department of Juvenile Justice. School
913 improvement, technical assistance, or the reassignment of the
914 program shall be based, in part, on the results of the program
915 evaluation. Low-performing education programs must demonstrate
916 improvement through a corrective action process or be reassigned
917 and schedule for the evaluation of the educational component in
918 juvenile justice programs. The Department of Juvenile Justice
919 quality assurance site visit and the education quality assurance
920 site visit shall be conducted during the same visit.
921 (c) The Department of Education, in consultation with
922 district school boards and providers, shall establish minimum
923 thresholds for the standards and key indicators for educational
924 programs in juvenile justice facilities. If a district school
925 board fails to meet the established minimum standards, it will
926 be given 6 months to achieve compliance with the standards. If
927 after 6 months, the district school board’s performance is still
928 below minimum standards, the Department of Education shall
929 exercise sanctions as prescribed by rules adopted by the State
930 Board of Education. If a provider, under contract with the
931 district school board, fails to meet minimum standards, such
932 failure shall cause the district school board to cancel the
933 provider’s contract unless the provider achieves compliance
934 within 6 months or unless there are documented extenuating
936 (d) The requirements in paragraphs (a), (b), and (c) shall
937 be implemented to the extent that funds are available.
938 (17) The Department of Education, in collaboration with the
939 Department of Juvenile Justice, shall monitor and report on the
940 educational performance of students in commitment, day
941 treatment, prevention, and detention programs. The report by the
942 Department of Education must include, at a minimum, the number
943 and percentage of students who:
944 (a) Return to an alternative school, middle school, or high
945 school upon release and the attendance rate of such students
946 before and after participation in juvenile justice education
948 (b) Receive a standard high school diploma or a high school
949 equivalency diploma.
950 (c) Receive industry certification.
951 (d) Receive occupational completion points.
952 (e) Enroll in a postsecondary educational institution.
953 (f) Complete a juvenile justice education program without
955 (g) Reoffend within 1 year after completion of a day
956 treatment or residential commitment program.
957 (h) Remain employed 1 year after completion of a day
958 treatment or residential commitment program.
960 The results of this report shall be included in the report
961 required under s. 985.632.
962 (18) (16) The district school board may shall not be charged
963 any rent, maintenance, utilities, or overhead on such
964 facilities. Maintenance, repairs, and remodeling of existing
965 facilities shall be provided by the Department of Juvenile
967 (19) (17) When additional facilities are required, the
968 district school board and the Department of Juvenile Justice
969 shall agree on the appropriate site based on the instructional
970 needs of the students. When the most appropriate site for
971 instruction is on district school board property, a special
972 capital outlay request shall be made by the commissioner in
973 accordance with s. 1013.60. When the most appropriate site is on
974 state property, state capital outlay funds shall be requested by
975 the Department of Juvenile Justice provided by s. 216.043 and
976 shall be submitted as specified by s. 216.023. Any instructional
977 facility to be built on state property must shall have
978 educational specifications jointly developed by the district
979 school board and the Department of Juvenile Justice and approved
980 by the Department of Education. The size of space and occupant
981 design capacity criteria as provided by State Board of Education
982 rules shall be used for remodeling or new construction whether
983 facilities are provided on state property or district school
984 board property.
985 (20) (18) The parent of an exceptional student shall have
986 the due process rights provided for in this chapter.
987 (21) (19) The Department of Education and the Department of
988 Juvenile Justice, after consultation with and assistance from
989 local providers and district school boards, shall collect data
990 report annually to the Legislature by February 1 on the progress
991 toward developing effective education educational programs for
992 juvenile delinquents, including the amount of funding provided
993 by district school boards to juvenile justice education
994 programs; , the amount of funding retained for administration,
995 including documenting the purposes for such expenses; , the
996 status of the development of cooperative agreements; juvenile
997 justice education program results, including the identification
998 of high-performing and low-performing education programs and
999 aggregate student performance results; , the results of the
1000 quality assurance reviews including recommendations for system
1001 improvement; , and the information on the identification of, and
1002 services provided to, exceptional students in juvenile justice
1003 education programs commitment facilities to determine whether
1004 these students are properly reported for funding and are
1005 appropriately served.
1006 (22) (20) The education program educational programs at the
1007 Arthur Dozier School for Boys in Jackson County and the Florida
1008 School for Boys in Okeechobee shall be operated by the
1009 Department of Education, either directly or through grants or
1010 contractual agreements with other public or duly accredited
1011 education agencies approved by the Department of Education.
1012 (23) (21) The State Board of Education shall may adopt any
1013 rules necessary to implement the provisions of this section ,
1014 including uniform curriculum, funding, and second chance
1015 schools. Such rules must require the minimum amount of paperwork
1016 and reporting.
1017 (24) (22) The Department of Juvenile Justice and the
1018 Department of Education, in consultation with Workforce Florida,
1019 Inc., the statewide Workforce Development Youth Council,
1020 district school boards, Florida College System institutions,
1021 providers, and others, shall jointly develop a multiagency plan
1022 for career education which describes the funding, curriculum,
1023 transfer of credits, goals, and outcome measures for career
1024 education programming in juvenile commitment facilities,
1025 pursuant to s. 985.622. The plan must be reviewed annually.
1026 Section 6. Paragraph (b) of subsection (18) of section
1027 1001.42, Florida Statutes, is amended to read:
1028 1001.42 Powers and duties of district school board.—The
1029 district school board, acting as a board, shall exercise all
1030 powers and perform all duties listed below:
1031 (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.
1032 Maintain a state system of school improvement and education
1033 accountability as provided by statute and State Board of
1034 Education rule. This system of school improvement and education
1035 accountability shall be consistent with, and implemented
1036 through, the district’s continuing system of planning and
1037 budgeting required by this section and ss. 1008.385, 1010.01,
1038 and 1011.01. This system of school improvement and education
1039 accountability shall comply with the provisions of ss. 1008.33,
1040 1008.34, 1008.345, and 1008.385 and include the following:
1041 (b) Public disclosure.—The district school board shall
1042 provide information regarding the performance of students and
1043 educational programs as required pursuant to ss. 1008.22 and
1044 1008.385 and implement a system of school reports as required by
1045 statute and State Board of Education rule which must shall
1046 include schools operating for the purpose of providing
1047 educational services to students youth in Department of Juvenile
1048 Justice education programs , and, for those schools, report on
1049 the elements specified in s. 1003.52(21) s. 1003.52(19). Annual
1050 public disclosure reports must shall be in an easy-to-read
1051 report card format and must shall include the school’s grade,
1052 high school graduation rate calculated without high school
1053 equivalency examinations GED tests, disaggregated by student
1054 ethnicity, and performance data as specified in state board
1056 Section 7. The Division of Law Revision and Information is
1057 directed to prepare a reviser’s bill for introduction at the
1058 next regular session of the Legislature to change the terms
1059 “General Educational Development test” or “GED test” to “high
1060 school equivalency examination” and change the terms “general
1061 education diploma,” “graduate equivalency diploma,” or “GED” to
1062 “high school equivalency diploma” wherever those terms appear in
1063 the Florida Statutes.
1064 Section 8. This act shall take effect July 1, 2014.