| 1 | A bill to be entitled |
| 2 | An act relating to juvenile justice education; amending s. |
| 3 | 1003.51, F.S.; increasing the percentage of Florida |
| 4 | Education Finance Program funding generated by students in |
| 5 | juvenile justice programs which must be spent on |
| 6 | instructional costs; providing that formula-based |
| 7 | categorical funds must be spent on juvenile justice |
| 8 | students; amending s. 1003.52, F.S.; requiring school |
| 9 | districts to provide the GED exit option for juvenile |
| 10 | justice programs; requiring the Department of Education, |
| 11 | by a specified date, to select a student assessment |
| 12 | instrument and protocol for measuring student learning |
| 13 | gains and student progression in juvenile justice |
| 14 | education programs; requiring the instrument and protocol |
| 15 | to be implemented statewide by a specified date; requiring |
| 16 | that students in juvenile justice education programs have |
| 17 | access to Florida Virtual School courses; requiring the |
| 18 | department and the school districts to adopt policies |
| 19 | ensuring such access; providing that juvenile justice |
| 20 | teachers are eligible for all teacher recruitment and |
| 21 | retention programs; providing that juvenile justice |
| 22 | education programs are eligible for all federal funds; |
| 23 | deleting a reference to second chance schools; revising |
| 24 | requirements for the plan for career and technical |
| 25 | education; amending s. 1010.20, F.S.; increasing the |
| 26 | percentage of the funds generated by juvenile justice |
| 27 | programs which the school district must expend on those |
| 28 | programs; requiring a workgroup to suggest strategies for |
| 29 | meeting the requirements of the No Child Left Behind Act |
| 30 | and for rewarding juvenile justice education programs for |
| 31 | high performance; requiring the department to report the |
| 32 | findings of the workgroup to legislative leaders by a |
| 33 | specified date; amending ss. 985.412 and 1001.42, F.S., to |
| 34 | conform; providing an effective date. |
| 35 |
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| 36 | Be It Enacted by the Legislature of the State of Florida: |
| 37 |
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| 38 | Section 1. Paragraph (g) of subsection (2) of section |
| 39 | 1003.51, Florida Statutes, is amended to read: |
| 40 | 1003.51 Other public educational services.-- |
| 41 | (2) The State Board of Education shall adopt and maintain |
| 42 | an administrative rule articulating expectations for effective |
| 43 | education programs for youth in Department of Juvenile Justice |
| 44 | programs, including, but not limited to, education programs in |
| 45 | juvenile justice commitment and detention facilities. The rule |
| 46 | shall articulate policies and standards for education programs |
| 47 | for youth in Department of Juvenile Justice programs and shall |
| 48 | include the following: |
| 49 | (g) Funding requirements, which shall include the |
| 50 | requirement that at least 90 80 percent of the FEFP funds |
| 51 | generated by students in Department of Juvenile Justice programs |
| 52 | be spent on instructional costs for those students. One hundred |
| 53 | percent of the formula-based categorical funds generated by |
| 54 | students in Department of Juvenile Justice programs must be |
| 55 | spent on appropriate categoricals such as instructional |
| 56 | materials and public school technology for those students. |
| 57 | Section 2. Subsections (1), (2), (3), (4), (9), (10), |
| 58 | (12), (19), (20), (21), (22), and (23) of section 1003.52, |
| 59 | Florida Statutes, are amended to read: |
| 60 | 1003.52 Educational services in Department of Juvenile |
| 61 | Justice programs.-- |
| 62 | (1) The Legislature finds that education is the single |
| 63 | most important factor in the rehabilitation of adjudicated |
| 64 | delinquent youth in the custody of the Department of Juvenile |
| 65 | Justice programs in detention or commitment facilities. It is |
| 66 | the goal of the Legislature that youth in the juvenile justice |
| 67 | system continue to be allowed the opportunity to obtain a high |
| 68 | quality education. The Department of Education shall serve as |
| 69 | the lead agency for juvenile justice education programs, |
| 70 | curriculum, support services, and resources. To this end, the |
| 71 | Department of Education and the Department of Juvenile Justice |
| 72 | shall each designate a Coordinator for Juvenile Justice |
| 73 | Education Programs to serve as the point of contact for |
| 74 | resolving issues not addressed by district school boards and to |
| 75 | provide each department's participation in the following |
| 76 | activities: |
| 77 | (a) Training, collaborating, and coordinating with the |
| 78 | Department of Juvenile Justice, district school boards, |
| 79 | educational contract providers, and juvenile justice providers, |
| 80 | whether state operated or contracted. |
| 81 | (b) Collecting information on the academic performance of |
| 82 | students in juvenile justice commitment and detention programs |
| 83 | and reporting on the results. |
| 84 | (c) Developing academic and career and technical protocols |
| 85 | that provide guidance to district school boards and providers in |
| 86 | all aspects of education programming, including records transfer |
| 87 | and transition. |
| 88 | (d) Prescribing the roles of program personnel and |
| 89 | interdepartmental district school board or provider |
| 90 | collaboration strategies. |
| 91 |
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| 92 | Annually, a cooperative agreement and plan for juvenile justice |
| 93 | education service enhancement shall be developed between the |
| 94 | Department of Juvenile Justice and the Department of Education |
| 95 | and submitted to the Secretary of Juvenile Justice and the |
| 96 | Commissioner of Education by June 30. |
| 97 | (2) Students participating in Department of Juvenile |
| 98 | Justice programs a detention, commitment, or rehabilitation |
| 99 | program pursuant to chapter 985 which are is sponsored by a |
| 100 | community-based agency or are is operated or contracted for by |
| 101 | the Department of Juvenile Justice shall receive educational |
| 102 | programs according to rules of the State Board of Education. |
| 103 | These students shall be eligible for services afforded to |
| 104 | students enrolled in programs pursuant to s. 1003.53 and all |
| 105 | corresponding State Board of Education rules. |
| 106 | (3) The district school board of the county in which the |
| 107 | residential or nonresidential care facility or juvenile |
| 108 | assessment facility is located shall provide appropriate |
| 109 | educational assessments and an appropriate program of |
| 110 | instruction and special education services. |
| 111 | (a) The district school board shall make provisions for |
| 112 | each student to participate in basic, career and technical |
| 113 | education, and exceptional student programs as appropriate. |
| 114 | Students served in Department of Juvenile Justice programs shall |
| 115 | have access to the appropriate courses and instruction to |
| 116 | prepare them for the GED test. Students participating in GED |
| 117 | preparation programs shall be funded at the basic program cost |
| 118 | factor for Department of Juvenile Justice programs in the |
| 119 | Florida Education Finance Program. Each program shall be |
| 120 | conducted according to applicable law providing for the |
| 121 | operation of public schools and rules of the State Board of |
| 122 | Education. School districts shall provide the GED exit option |
| 123 | for all juvenile justice programs. |
| 124 | (b) By October 1, 2004, the Department of Education, with |
| 125 | the assistance of the school districts, shall select a common |
| 126 | student assessment instrument and protocol for measuring student |
| 127 | learning gains and student progression while a student is in a |
| 128 | juvenile justice education program. The assessment instrument |
| 129 | and protocol must be implemented in all juvenile justice |
| 130 | education programs in this state by January 1, 2005. |
| 131 | (4) Educational services shall be provided at times of the |
| 132 | day most appropriate for the juvenile justice program. School |
| 133 | programming in juvenile justice detention, commitment, and |
| 134 | rehabilitation programs shall be made available by the local |
| 135 | school district during the juvenile justice school year, as |
| 136 | defined in s. 1003.01(11)(12). In addition, students in juvenile |
| 137 | justice education programs shall have access to Florida Virtual |
| 138 | School courses. The Department of Education and the school |
| 139 | districts shall adopt policies necessary to ensure such access. |
| 140 | (9) The Department of Education shall ensure that all |
| 141 | district school boards make provisions for high school level |
| 142 | committed youth to earn credits toward high school graduation |
| 143 | while in residential and nonresidential juvenile justice |
| 144 | facilities. Provisions must be made for the transfer of credits |
| 145 | and partial credits earned. |
| 146 | (10) The district school board shall recruit and train |
| 147 | teachers who are interested, qualified, or experienced in |
| 148 | educating students in juvenile justice programs. Students in |
| 149 | juvenile justice programs shall be provided a wide range of |
| 150 | educational programs and opportunities including textbooks, |
| 151 | technology, instructional support, and other resources available |
| 152 | to students in public schools. Teachers assigned to educational |
| 153 | programs in juvenile justice settings in which the district |
| 154 | school board operates the educational program shall be selected |
| 155 | by the district school board in consultation with the director |
| 156 | of the juvenile justice facility. Educational programs in |
| 157 | juvenile justice facilities shall have access to the substitute |
| 158 | teacher pool utilized by the district school board. Full-time |
| 159 | teachers working in juvenile justice schools, whether employed |
| 160 | by a district school board or a provider, shall be eligible for |
| 161 | the critical teacher shortage tuition reimbursement program as |
| 162 | defined by s. 1009.58 and other teacher recruitment and |
| 163 | retention programs. |
| 164 | (12) The district school board shall fund the educational |
| 165 | program in a Department of Juvenile Justice facility at the same |
| 166 | or higher level of funding for equivalent students in the |
| 167 | district school system based on the funds generated by state |
| 168 | funding through the Florida Education Finance Program for such |
| 169 | students. It is the intent of the Legislature that the school |
| 170 | district maximize its available local, state, and federal |
| 171 | funding to a juvenile justice program. |
| 172 | (a) Juvenile justice educational programs shall be funded |
| 173 | in the appropriate FEFP program based on the educational |
| 174 | services needed by the student for Department of Juvenile |
| 175 | Justice programs in accordance with s. 1011.62. |
| 176 | (b) Juvenile justice educational programs to receive the |
| 177 | appropriate FEFP funding for Department of Juvenile Justice |
| 178 | programs shall include those operated through a contract with |
| 179 | the Department of Juvenile Justice and which are under purview |
| 180 | of the Department of Juvenile Justice quality assurance |
| 181 | standards for education. |
| 182 | (c) Consistent with the rules of the State Board of |
| 183 | Education, district school boards are required to request an |
| 184 | alternative FTE survey for Department of Juvenile Justice |
| 185 | programs experiencing fluctuations in student enrollment. |
| 186 | (d) FTE count periods shall be prescribed in rules of the |
| 187 | State Board of Education and shall be the same for programs of |
| 188 | the Department of Juvenile Justice as for other public school |
| 189 | programs. The summer school period for students in Department of |
| 190 | Juvenile Justice programs shall begin on the day immediately |
| 191 | following the end of the regular school year and end on the day |
| 192 | immediately preceding the subsequent regular school year. |
| 193 | Students shall be funded for no more than 25 hours per week of |
| 194 | direct instruction. |
| 195 | (e) Each juvenile justice education program must receive |
| 196 | all federal funds for which the program is eligible. |
| 197 | (19) Department of Juvenile Justice detention and |
| 198 | commitment programs may be designated as second chance schools |
| 199 | pursuant to s. 1003.53(1)(d). Admission to such programs shall |
| 200 | be governed by chapter 985. |
| 201 | (19)(20) The Department of Education and the Department of |
| 202 | Juvenile Justice, after consultation with and assistance from |
| 203 | local providers and district school boards, shall report |
| 204 | annually to the Legislature by February 1 on the progress toward |
| 205 | developing effective educational programs for juvenile |
| 206 | delinquents, including the amount of funding provided by |
| 207 | district school boards to juvenile justice programs, the amount |
| 208 | retained for administration including documenting the purposes |
| 209 | for such expenses, the status of the development of cooperative |
| 210 | agreements, the results of the quality assurance reviews |
| 211 | including recommendations for system improvement, and |
| 212 | information on the identification of, and services provided to, |
| 213 | exceptional students in juvenile justice commitment facilities |
| 214 | to determine whether these students are properly reported for |
| 215 | funding and are appropriately served. |
| 216 | (20)(21) The educational programs at the Arthur Dozier |
| 217 | School for Boys in Jackson County and the Florida School for |
| 218 | Boys in Okeechobee shall be operated by the Department of |
| 219 | Education, either directly or through grants or contractual |
| 220 | agreements with other public or duly accredited education |
| 221 | agencies approved by the Department of Education. |
| 222 | (21)(22) The State Board of Education may adopt any rules |
| 223 | necessary to implement the provisions of this section, including |
| 224 | uniform curriculum, funding, and second chance schools. Such |
| 225 | rules must shall require the minimum amount of paperwork and |
| 226 | reporting. |
| 227 | (22)(23) The Department of Juvenile Justice and the |
| 228 | Department of Education shall, in consultation with Workforce |
| 229 | Florida, Inc., the statewide Workforce Development Youth |
| 230 | Council, district school boards, community colleges, providers, |
| 231 | and others, shall jointly develop a multiagency plan for career |
| 232 | and technical education which describes the funding, curriculum, |
| 233 | transfer of credits, goals, and outcome measures for career and |
| 234 | technical education programming in juvenile commitment |
| 235 | facilities, pursuant to s. 985.3155. The plan must be reviewed |
| 236 | annually. |
| 237 | Section 3. Paragraph (a) of subsection (3) of section |
| 238 | 1010.20, Florida Statutes, is amended to read: |
| 239 | 1010.20 Cost accounting and reporting for school |
| 240 | districts.-- |
| 241 | (3) PROGRAM EXPENDITURE REQUIREMENTS.-- |
| 242 | (a) Each district shall expend at least the percent of the |
| 243 | funds generated by each of the programs listed in this section |
| 244 | on the aggregate total school costs for such programs: |
| 245 | 1. Kindergarten and grades 1, 2, and 3, 90 percent. |
| 246 | 2. Grades 4, 5, 6, 7, and 8, 80 percent. |
| 247 | 3. Grades 9, 10, 11, and 12, 80 percent. |
| 248 | 4. Programs for exceptional students, on an aggregate |
| 249 | program basis, 90 percent. |
| 250 | 5. Grades 7 through 12 career and technical education |
| 251 | programs, on an aggregate program basis, 80 percent. |
| 252 | 6. Students-at-risk programs, on an aggregate program |
| 253 | basis, 80 percent. |
| 254 | 7. Juvenile justice programs, on an aggregate program |
| 255 | basis, 90 80 percent. |
| 256 | 8. Any new program established and funded under s. |
| 257 | 1011.62(1)(c), that is not included under subparagraphs 1.-7. |
| 258 | 1.-6., on an aggregate basis as appropriate, 80 percent. |
| 259 | Section 4. The Department of Education and the Department |
| 260 | of Juvenile Justice, in collaboration with the school districts, |
| 261 | juvenile justice education providers, and the Florida Juvenile |
| 262 | Justice Association, shall convene a workgroup to suggest |
| 263 | strategies for meeting the requirements of the federal No Child |
| 264 | Left Behind Act and for rewarding juvenile justice education |
| 265 | programs for high performance based on positive student |
| 266 | outcomes. The Department of Education shall report the findings |
| 267 | of the workgroup to the President of the Senate and the Speaker |
| 268 | of the House of Representatives by December 1, 2004. |
| 269 | Section 5. Subsection (3) of section 985.412, Florida |
| 270 | Statutes, is amended to read: |
| 271 | 985.412 Quality assurance and cost-effectiveness.-- |
| 272 | (3) The department shall annually collect and report cost |
| 273 | data for every program operated or contracted by the department. |
| 274 | The cost data shall conform to a format approved by the |
| 275 | department and the Legislature. Uniform cost data shall be |
| 276 | reported and collected for state-operated and contracted |
| 277 | programs so that comparisons can be made among programs. The |
| 278 | department shall ensure that there is accurate cost accounting |
| 279 | for state-operated services including market-equivalent rent and |
| 280 | other shared cost. The cost of the educational program provided |
| 281 | to a residential facility shall be reported and included in the |
| 282 | cost of a program. The department shall submit an annual cost |
| 283 | report to the President of the Senate, the Speaker of the House |
| 284 | of Representatives, the Minority Leader of each house of the |
| 285 | Legislature, the appropriate substantive and fiscal committees |
| 286 | of each house of the Legislature, and the Governor, no later |
| 287 | than December 1 of each year. Cost-benefit analysis for |
| 288 | educational programs will be developed and implemented in |
| 289 | collaboration with and in cooperation with the Department of |
| 290 | Education, local providers, and local school districts. Cost |
| 291 | data for the report shall include data collected by the |
| 292 | Department of Education for the purposes of preparing the annual |
| 293 | report required by s. 1003.52(19)(20). |
| 294 | Section 6. Paragraph (e) of subsection (16) of section |
| 295 | 1001.42, Florida Statutes, is amended to read: |
| 296 | 1001.42 Powers and duties of district school board.--The |
| 297 | district school board, acting as a board, shall exercise all |
| 298 | powers and perform all duties listed below: |
| 299 | (16) IMPLEMENT SCHOOL IMPROVEMENT AND |
| 300 | ACCOUNTABILITY.--Maintain a system of school improvement and |
| 301 | Maintain a system of school improvement and education |
| 302 | accountability as provided by statute and State Board of |
| 303 | Education rule. This system of school improvement and education |
| 304 | accountability shall be consistent with, and implemented |
| 305 | through, the district's continuing system of planning and |
| 306 | budgeting required by this section and ss. 1008.385, 1010.01, |
| 307 | and 1011.01. This system of school improvement and education |
| 308 | accountability shall include, but is not limited to, the |
| 309 | following: |
| 310 | (e) Public disclosure.--Provide information regarding |
| 311 | performance of students and educational programs as required |
| 312 | pursuant to ss. 1008.22 and 1008.385 and implement a system of |
| 313 | school reports as required by statute and State Board of |
| 314 | Education rule that shall include schools operating for the |
| 315 | purpose of providing educational services to youth in Department |
| 316 | of Juvenile Justice programs, and for those schools, report on |
| 317 | the elements specified in s. 1003.52(19)(20). Annual public |
| 318 | disclosure reports shall be in an easy-to-read report card |
| 319 | format and shall include the school's student and school |
| 320 | performance grade category designation and performance data as |
| 321 | specified in state board rule. |
| 322 | Section 7. This act shall take effect July 1, 2004. |