Senate Bill 2464c3
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    Florida Senate - 2000             CS for CS for CS for SB 2464
    By the Committees on Fiscal Policy, Criminal Justice,
    Education and Senator Horne
    309-2151-00
  1                      A bill to be entitled
  2         An act relating to juvenile justice education
  3         programs; amending s. 230.02, F.S.; providing
  4         for district school systems to provide
  5         instructional personnel at certain juvenile
  6         justice programs; amending s. 230.23161, F.S.;
  7         providing legislative intent; prescribing
  8         duties for the Department of Juvenile Justice
  9         and the Department of Education regarding
10         providing educational instruction to certain
11         delinquent youths; requiring certain delinquent
12         youths to participate in educational programs;
13         allowing full-time teachers in juvenile justice
14         schools to participate in the
15         critical-teacher-shortage tuition-reimbursement
16         program; clarifying the FTE count requirements;
17         requiring a multi-agency plan; amending s.
18         232.032, F.S.; exempting youths in juvenile
19         justice programs from certain immunization
20         requirements; providing for followup; amending
21         s. 235.1975, F.S.; requiring the Department of
22         Juvenile Justice to notify the Department of
23         Education regarding certain actions taken
24         regarding the construction of new facilities;
25         creating s. 985.3155, F.S.; requiring both
26         departments to develop a plan for vocational
27         education in juvenile justice facilities;
28         providing powers, duties, and guidelines for
29         the plan; requiring a report; amending s.
30         985.316, F.S.; providing for compulsory
31         participation in education programs by youths
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  1         in custody; requiring a study; requiring a
  2         review and the creation of a plan; providing
  3         appropriations; amending s. 228.081, F.S.;
  4         clarifying the educational option available to
  5         certain students; establishing responsibility
  6         for certain fees; amending s. 230.23, F.S.;
  7         requiring provision of educational services to
  8         certain minors and students who are detained in
  9         specified detention facilities; creating s.
10         951.176, F.S.; requiring provision of
11         educational services to certain minors and
12         students who are detained in specified
13         detention facilities; providing an effective
14         date.
15
16  Be It Enacted by the Legislature of the State of Florida:
17
18         Section 1.  Section 230.02, Florida Statutes, is
19  amended to read:
20         230.02  Scope of district system.--A district school
21  system shall include all public schools, classes, and courses
22  of instruction and all services and activities directly
23  related to education in that district which are under the
24  direction of the district school officials.  A district school
25  system may also include alternative site schools for
26  disruptive or violent youth. Such schools for disruptive or
27  violent youth may be funded by each district or provided
28  through cooperative programs administered by a consortium of
29  school districts, private providers, state and local law
30  enforcement agencies, and the Department of Juvenile Justice.
31  Pursuant to cooperative agreement, a district school system
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  1  shall provide instructional personnel at juvenile justice
  2  facilities of 50 or more beds or slots with access to the
  3  district school system database for the purpose of accessing
  4  student academic, immunization and registration records for
  5  students assigned to the programs. Such access shall be in the
  6  same manner as provided to other schools in the district.
  7         Section 2.  Subsections (1), (5), (7), (11), and (13)
  8  of section 230.23161, Florida Statutes, are amended and
  9  subsection (24) is added to that section to read:
10         230.23161  Educational services in Department of
11  Juvenile Justice programs.--
12         (1)  The Legislature finds that education is the single
13  most important factor in the rehabilitation of adjudicated
14  delinquent youth in the custody of the Department of Juvenile
15  Justice in detention or commitment facilities. It is the
16  intent of the Legislature that youth in the juvenile justice
17  system be provided with equal opportunity and access to
18  quality and effective education that will meet the individual
19  needs of each child. The Department of Education shall serve
20  as the lead agency for juvenile justice education programs to
21  ensure that curriculum, support services, and resources are
22  provided to maximize the public's investment in the custody
23  and care of these youth. To this end, the Department of
24  Education and the Department of Juvenile Justice shall each
25  designate a Coordinator for Juvenile Justice Education
26  Programs to serve as the point of contact for resolving issues
27  not addressed by local district school boards and to ensure
28  each department's participation in the following activities:
29         (a)  Training, collaborating, and coordinating with the
30  Department of Juvenile Justice, local school districts,
31
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  1  educational contract providers, and juvenile justice
  2  providers, whether state operated or contracted.
  3         (b)  Collecting information on the academic performance
  4  of students in juvenile justice commitment and detention
  5  programs and reporting on the results.
  6         (c)  Developing academic and vocational protocols that
  7  provide guidance to school districts and providers in all
  8  aspects of education programming, including records transfer
  9  and transition.
10         (d)  Prescribing the roles of program personnel and
11  interdepartmental local school district or provider
12  collaboration strategies.
13
14  Annually, a cooperative agreement and plan for juvenile
15  justice education service enhancement shall be developed
16  between the Department of Juvenile Justice and the Department
17  of Education and submitted to the Secretary of Juvenile
18  Justice and the Commissioner of Education by June 30.
19         (5)  A school day for any student serviced in a
20  Department of Juvenile Justice program shall be the same as
21  specified in s. 228.041(13). Educational services shall be
22  provided at times of the day most appropriate for the juvenile
23  justice program. School programming in juvenile justice
24  detention, commitment, and rehabilitation programs shall be
25  made available by the local school district during the
26  juvenile justice regular school year, as defined in s.
27  228.041(43) and the summer school by the local school
28  district.
29         (7)  Participation in the program by students of
30  compulsory school attendance age as provided for in s. 232.01
31  shall be mandatory.  All students of noncompulsory
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  1  school-attendance age who have not received a high school
  2  diploma or its equivalent shall participate in the educational
  3  program, unless the student files a formal declaration of his
  4  or her intent to terminate school enrollment as described in
  5  s. 232.01(1)(c) and is afforded the opportunity to take the
  6  general education development test and attain a Florida high
  7  school general education development diploma prior to release
  8  from a facility. A youth who has received a high school
  9  diploma or its equivalent and is not employed shall
10  participate in workforce development or other vocational or
11  technical education or community college or university courses
12  while in the program, subject to available funding.
13         (11)  The school district shall recruit and train
14  teachers who are interested, qualified, or experienced in
15  educating students in juvenile justice programs. Students in
16  juvenile justice programs shall be provided a wide range of
17  educational programs and opportunities including textbooks,
18  technology, instructional support, and other resources
19  available to students in public schools. Teachers assigned to
20  educational programs in juvenile justice settings in which the
21  school district operates the educational program shall be
22  selected by the school district in consultation with the
23  director of the juvenile justice facility. Educational
24  programs in juvenile justice facilities shall have access to
25  the substitute teacher pool utilized by the school district.
26  Full-time teachers working in juvenile justice schools,
27  whether employed by a school district or a provider, shall be
28  eligible for the critical-teacher-shortage
29  tuition-reimbursement program as defined by s. 240.4064.
30         (13)  The local school district shall fund the
31  education program in a Department of Juvenile Justice facility
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  1  at the same or higher level of funding for equivalent students
  2  in the county school system based on the funds generated by
  3  state funding through the Florida Education Finance Program
  4  for such students.  It is the intent of the Legislature that
  5  the school district maximize its available local, state, and
  6  federal funding to a juvenile justice program.
  7         (a)  Juvenile justice education programs shall be
  8  funded in the appropriate FEFP program based on the
  9  educational services needed by the student for Department of
10  Juvenile Justice programs in accordance with s. 236.081.
11         (b)  Juvenile justice education programs to receive the
12  appropriate FEFP program funding for Department of Juvenile
13  Justice programs shall include those operated through a
14  contract with the Department of Juvenile Justice and which are
15  under purview of the Department of Juvenile Justice quality
16  assurance standards for education.
17         (c)  Consistent with the rules of the State Board of
18  Education, local school districts are authorized and required
19  to request an alternative FTE survey for Department of
20  Juvenile Justice programs experiencing fluctuations in student
21  enrollment.
22         (d)  FTE count periods shall be prescribed in rules of
23  the State Board of Education and shall be the same for
24  programs of the Department of Juvenile Justice as for other
25  public school programs. The summer school period for students
26  in Department of Juvenile Justice programs shall begin on the
27  day immediately following the end of the regular school year
28  and end on the day immediately preceding the subsequent
29  regular school year. Students shall be funded for no more than
30  25 hours per week of direct instruction. The Department of
31  Education shall develop a method which captures all direct
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  1  instructional time provided to such students during the summer
  2  school period.
  3         (24)  The Department of Juvenile Justice and the
  4  Department of Education shall, in consultation with the
  5  statewide Workforce Development Youth Council, school
  6  districts, providers, and others, jointly develop a
  7  multi-agency plan for vocational education which describes the
  8  curriculum, goals, and outcome measures for vocational
  9  programming in juvenile commitment facilities, pursuant to s.
10  985.3155.
11         Section 3.  Paragraph (e) of subsection (3) of section
12  232.032, Florida Statutes, is amended to read:
13         232.032  Immunization against communicable diseases;
14  school attendance requirements; exemptions.--
15         (3)  The provisions of this section shall not apply if:
16         (e)  An authorized school official issues a temporary
17  exemption, for a period not to exceed 30 school days, to
18  permit a child who transfers into a new county to attend class
19  until his or her records can be obtained. The public school
20  health nurse or authorized nonpublic school official is
21  responsible for followup of each such child until proper
22  documentation or immunizations are obtained. An exemption for
23  30 days may be issued for a child who enters a juvenile
24  justice program to permit the child to attend class until his
25  or her records can be obtained or until the immunizations can
26  be obtained. An authorized juvenile justice official is
27  responsible for followup of each child who enters a juvenile
28  justice program until proper documentation or immunizations
29  are obtained.
30         Section 4.  Section 235.1975, Florida Statutes, is
31  amended to read:
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  1         235.1975  Cooperative Development of Educational
  2  Facilities in Juvenile Justice Programs.--
  3         (1)  The Department of Juvenile Justice shall provide
  4  early notice to school districts regarding the siting of new
  5  juvenile justice facilities. School districts shall include
  6  the projected number of students in the districts' annual
  7  estimates. School districts must should be consulted regarding
  8  the types of students expected to be assigned to commitment
  9  facilities for education planning and budgeting purposes.
10         (2)  The Department of Juvenile Justice shall notify,
11  in writing, the Department of Education when a request for
12  proposals is issued for the construction or operation of a
13  commitment or detention facility anywhere in the state. The
14  Department of Juvenile Justice shall notify, in writing, the
15  appropriate school district when a request for proposals is
16  issued for the construction or operation of a commitment or
17  detention facility when a county or site is specifically
18  identified.
19         (3)  The Department of Juvenile Justice shall also is
20  also required to notify the district school superintendent
21  within 30 days after: of
22         (a)  The award of a contract for the construction or
23  operation of a commitment or detention facility within that
24  school district.
25         (b)  Obtaining a permit to begin construction of a new
26  detention or commitment facility within that school district.
27         Section 5.  Section 985.3155, Florida Statutes, is
28  created to read:
29         985.3155  Multi-agency plan for vocational education.--
30         (1)  The Department of Juvenile Justice and the
31  Department of Education shall, in consultation with the
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  1  statewide Workforce Development Youth Council, school
  2  districts, providers, and others, jointly develop a
  3  multi-agency plan for vocational education that establishes
  4  the curriculum, goals, and outcome measures for vocational
  5  programs in juvenile commitment facilities. The plan must
  6  include:
  7         (a)  Provisions for maximizing appropriate state and
  8  federal funding sources, including funds under the Workforce
  9  Investment Act and the Perkins Act;
10         (b)  The responsibilities of both departments and all
11  other appropriate entities; and
12         (c)  A detailed implementation schedule.
13
14  The plan must be submitted to the Governor, the President of
15  the Senate, and the Speaker of the House of Representatives by
16  May 1, 2001.
17         (2)  The plan must define vocational programming that
18  is appropriate based upon:
19         (a)  The age and assessed educational abilities and
20  goals of the youth to be served; and
21         (b)  The typical length of stay and custody
22  characteristics at the commitment program to which each youth
23  is assigned.
24         (3)  The plan must include a definition of vocational
25  programming that includes the following classifications of
26  commitment facilities that will offer vocational programming
27  by one of the following types:
28         (a)  Type A.--Programs that teach personal
29  accountability skills and behaviors that are appropriate for
30  youth in all age groups and ability levels and that lead to
31
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  1  work habits that help maintain employment and living
  2  standards.
  3         (b)  Type B.--Programs that include Type A program
  4  content and an orientation to the broad scope of career
  5  choices, based upon personal abilities, aptitudes, and
  6  interests. Exploring and gaining knowledge of occupation
  7  options and the level of effort required to achieve them is an
  8  essential prerequisite to skill training.
  9         (c)  Type C.--Programs that include Type A program
10  content and the vocational competencies or the prerequisites
11  needed for entry into a specific occupation.
12         (4)  The plan must also address strategies to
13  facilitate involvement of business and industry in the design,
14  delivery, and evaluation of vocational programming in juvenile
15  justice commitment facilities and aftercare programs,
16  including apprenticeship and work experience programs,
17  mentoring and job shadowing, and other strategies that lead to
18  post-release employment. Incentives for business involvement,
19  such as tax breaks, bonding, and liability limits should be
20  investigated, implemented where appropriate, or recommended to
21  the Legislature for consideration.
22         (5)  The Department of Juvenile Justice and the
23  Department of Education shall each align its respective agency
24  policies, practices, technical manuals, contracts,
25  quality-assurance standards, performance-based-budgeting
26  measures, and outcome measures with the plan in commitment
27  facilities by July 31, 2001. Each agency shall provide a
28  report on the implementation of this section to the Governor,
29  the President of the Senate, and the Speaker of the House of
30  Representatives by August 31, 2001.
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  1         (6)  All provider contracts executed by the Department
  2  of Juvenile Justice or the school districts after January 1,
  3  2002, must be aligned with the plan.
  4         (7)  The planning and execution of quality assurance
  5  reviews conducted by the Department of Education or the
  6  Department of Juvenile Justice after August 1, 2002, must be
  7  aligned with the plan.
  8         (8)  Outcome measures reported by the Department of
  9  Juvenile Justice, the Department of Education, and the
10  Juvenile Justice Accountability Board for youth released on or
11  after January 1, 2002, should include outcome measures that
12  conform to the plan.
13         Section 6.  Subsection (5) is added to section 985.316,
14  Florida Statutes, to read:
15         985.316  Aftercare.--
16         (5)  Participation in the educational program by
17  students of compulsory school attendance age pursuant to s.
18  232.01 is mandatory for juvenile justice youth on aftercare or
19  postcommitment community control status. A student of
20  noncompulsory school-attendance age who has not received a
21  high school diploma or its equivalent must participate in the
22  educational program. A youth who has received a high school
23  diploma or its equivalent and is not employed must participate
24  in workforce development or other vocational or technical
25  education or attend a community college or a university while
26  in the program, subject to available funding.
27         Section 7.  The Department of Education, in
28  consultation with the Department of Juvenile Justice, school
29  districts, and providers, shall conduct a study to determine
30  the precise funding level needed to provide the specialized
31  education programs, including academic and vocational
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  1  programs, to youth in juvenile justice programs. The results
  2  of this study may be used to establish a unique program cost
  3  factor beginning in fiscal year 2001-2002 for juvenile justice
  4  education programs. The results of the study must be presented
  5  to the Governor and Legislature by January 1, 2001. The sum of
  6  $100,000 in nonrecurring general revenue is appropriated from
  7  the General Revenue Fund to the Department of Education for
  8  the purpose of conducting the study.
  9         Section 8.  The Department of Education, in
10  consultation with the Department of Juvenile Justice, shall
11  conduct a review and analysis of existing education facilities
12  in Department of Juvenile Justice facilities to determine the
13  adequacy of the facilities for educational use. This
14  information must be used to generate a 3-year plan to provide
15  adequate space, equipment, furnishings, and technology,
16  including retrofitting. The Department of Education shall
17  submit this plan to the Governor, the President of the Senate,
18  the Speaker of the House of Representatives, and the Secretary
19  of Juvenile Justice by January 1, 2001. The plan must contain
20  sufficient detail for the development of a fixed capital
21  outlay budget request. The sum of $100,000 in nonrecurring
22  general revenue is appropriated from the General Revenue Fund
23  to the Department of Education for the purpose of conducting
24  the study.
25         Section 9.  Subsection (4) of section 228.081, Florida
26  Statutes, is amended to read:
27         228.081  Other public educational services.--
28         (4)  The Department of Education shall ensure that
29  school districts notify students in juvenile justice
30  residential or nonresidential facilities who attain the age of
31  16 years of the provisions of s. 232.01(1)(c) regarding
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  1  compulsory school attendance and make available the option of
  2  enrolling in a program to attain a Florida high school general
  3  education development diploma by taking the general education
  4  development test prior to release from the facility. School
  5  districts or community colleges, or both, shall waive GED
  6  testing fees for youth in Department of Juvenile Justice
  7  residential programs and shall, upon request, designate
  8  schools operating for the purpose of providing educational
  9  services to youth in Department of Juvenile Justice programs
10  as GED testing centers, subject to GED testing center
11  requirements. The administrative fees for the general
12  education development test required by the Department of
13  Education are the responsibility of school districts and may
14  be required of providers by contractual agreement.
15         Section 10.  Paragraph (p) is added to subsection (4)
16  of section 230.23, Florida Statutes, to read:
17         230.23  Powers and duties of school board.--The school
18  board, acting as a board, shall exercise all powers and
19  perform all duties listed below:
20         (4)  ESTABLISHMENT, ORGANIZATION, AND OPERATION OF
21  SCHOOLS.--Adopt and provide for the execution of plans for the
22  establishment, organization, and operation of the schools of
23  the district, including, but not limited to, the following:
24         (p)  Educational services in detention
25  facilities.--Minors who have not graduated from high school
26  and eligible students with disabilities under the age of 22
27  who have not graduated with a standard diploma or its
28  equivalent who are detained in a county or municipal detention
29  facility as defined in s. 951.23 shall be offered educational
30  services by the local school district in which the facility is
31  located. These educational services shall be based upon the
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  1  estimated length of time the youth will be in the facility and
  2  the youth's current level of functioning. School district
  3  superintendents or their designees shall be notified by the
  4  county sheriff or chief correctional officer, or his or her
  5  designee, upon the assignment of a youth under the age of 21
  6  to the facility. A cooperative agreement with the local school
  7  district and applicable law enforcement units shall be
  8  developed to address the notification requirement and the
  9  provision of educational services to these youth.
10         Section 11.  Section 951.176, Florida Statutes, is
11  created to read:
12         951.176  Provision of education programs for
13  youth.--Minors who have not graduated from high school and
14  eligible students with disabilities under the age of 22 who
15  have not graduated with a standard diploma or its equivalent
16  who are detained in a county or municipal detention facility
17  as defined in s. 951.23 shall be offered educational services
18  by the local school district in which the facility is located.
19  These educational services shall be based upon the estimated
20  length of time the youth will be in the facility and the
21  youth's current level of functioning. School district
22  superintendents or their designees shall be notified by the
23  county sheriff or chief correctional officer, or his or her
24  designee, upon the assignment of a youth under the age of 21
25  to the facility. A cooperative agreement with the local school
26  district and applicable law enforcement units shall be
27  developed to address the notification requirement and the
28  provision of educational services to these youth.
29         Section 12.  This act shall take effect July 1, 2000.
30
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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                          CS/CS/SB 2464
  3
  4  Allows full-time teachers working in juvenile justice schools
    to participate in the critical teacher shortage tuition
  5  reimbursement program.
  6  Makes the following changes related to juvenile justice
    educational facilities:
  7
    -     the facilities do not have to meet the state
  8        requirements for education facilities prescribed by
          rules of the State Board of Education.
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    -     the Department of Education is not required to approve
10        facility designs for substantial renovations prior to
          construction.
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