ENROLLED 2011 Legislature SB 404, 1st Engrossed 2011404er 1 2 An act relating to transition-to-adulthood services; 3 amending s. 985.03, F.S.; defining the term 4 “transition-to-adulthood services”; creating s. 5 985.461, F.S.; providing legislative intent concerning 6 transition-to-adulthood services for youth in the 7 custody of the Department of Juvenile Justice; 8 providing for eligibility for services for youth 9 served by the department who are legally in the 10 custody of the Department of Children and Family 11 Services; providing that an adjudication of 12 delinquency does not disqualify a youth in foster care 13 from certain services from the Department of Children 14 and Family Services; providing powers and duties of 15 the Department of Juvenile Justice for transition 16 services; providing for assessments; requiring that 17 services be part of a plan leading to independence; 18 amending s. 985.0301, F.S.; providing for retention of 19 court jurisdiction over a child for a specified period 20 following the child’s 19th birthday if the child is 21 participating in transition-to-adulthood services; 22 providing that certain services require voluntary 23 participation by affected youth and do not create an 24 involuntary court-sanctioned residential commitment; 25 creating the College-Preparatory Boarding Academy 26 Pilot Program for dependent or at-risk students; 27 providing a program purpose; requiring that the State 28 Board of Education implement the program; providing 29 definitions; requiring the state board to select a 30 private nonprofit corporation that meets certain 31 qualifications to operate the program; requiring the 32 state board to issue a request for proposals; 33 providing requirements for the proposals; requiring 34 that the state board enter into a contract with the 35 operator of the selected academy; requiring that the 36 contract contain specified requirements; requiring 37 that the operator of the academy adopt bylaws, subject 38 to approval by the state board; requiring that the 39 operator adopt an outreach program with the local 40 education agency or school district and community; 41 providing program funding requirements; requiring the 42 school to be a public school; requiring the State 43 Board of Education and certain state agencies to 44 develop a plan relating to funding for the academy; 45 requiring that enrolled students remain under case 46 management services and the supervision of the lead 47 agency; authorizing the operator to appropriately bill 48 Medicaid for services rendered to eligible students or 49 earn federal or local funding for services provided; 50 providing for eligible students to be admitted by 51 lottery if the number of applicants exceeds the 52 allowed capacity; authorizing the operator to board 53 dependent, at-risk students; requiring that the state 54 board issue an annual report; providing an effective 55 date. 56 57 Be It Enacted by the Legislature of the State of Florida: 58 59 Section 1. Present subsections (57) and (58) of section 60 985.03, Florida Statutes, are renumbered as subsections (58) and 61 (59), respectively, and a new subsection (57) is added to that 62 section to read: 63 985.03 Definitions.—As used in this chapter, the term: 64 (57) “Transition-to-adulthood services” means services that 65 are provided for youth in the custody of the department or under 66 the supervision of the department and that have the objective of 67 instilling the knowledge, skills, and aptitudes essential to a 68 socially integrated, self-supporting adult life. The services 69 may include, but are not limited to: 70 (a) Assessment of the youth’s ability and readiness for 71 adult life. 72 (b) A plan for the youth to acquire the knowledge, 73 information, and counseling necessary to make a successful 74 transition to adulthood. 75 (c) Services that have proven effective toward achieving 76 the transition to adulthood. 77 Section 2. Section 985.461, Florida Statutes, is created to 78 read: 79 985.461 Transition to adulthood.— 80 (1) The Legislature finds that older youth are faced with 81 the need to learn how to support themselves within legal means 82 and overcome the stigma of being delinquent. In most cases, 83 parents expedite this transition. It is the intent of the 84 Legislature that the department provide older youth in its 85 custody or under its supervision with opportunities for 86 participating in transition-to-adulthood services while in the 87 department’s commitment programs or in probation or conditional 88 release programs in the community. These services should be 89 reasonable and appropriate for the youths’ respective ages or 90 special needs and provide activities that build life skills and 91 increase the ability to live independently and become self 92 sufficient. 93 (2) Youth served by the department who are in the custody 94 of the Department of Children and Family Services and who 95 entered juvenile justice placement from a foster care placement, 96 if otherwise eligible, may receive independent living transition 97 services pursuant to s. 409.1451. Court-ordered commitment or 98 probation with the department is not a barrier to eligibility 99 for the array of services available to a youth who is in the 100 dependency foster care system only. 101 (3) For a dependent child in the foster care system, 102 adjudication for delinquency does not, by itself, disqualify 103 such child for eligibility in the Department of Children and 104 Family Services’ independent living program. 105 (4) To support participation in transition-to-adulthood 106 services and subject to appropriation, the department may: 107 (a) Assess the child’s skills and abilities to live 108 independently and become self-sufficient. The specific services 109 to be provided shall be determined using an assessment of his or 110 her readiness for adult life. 111 (b) Develop a list of age-appropriate activities and 112 responsibilities to be incorporated in the child’s written case 113 plan for any youth 17 years of age or older who is under the 114 custody or supervision of the department. Activities may 115 include, but are not limited to, life skills training, including 116 training to develop banking and budgeting skills, interviewing 117 and career planning skills, parenting skills, personal health 118 management, and time management or organizational skills; 119 educational support; employment training; and counseling. 120 (c) Provide information related to social security 121 insurance benefits and public assistance. 122 (d) Request parental or guardian permission for the youth 123 to participate in transition-to-adulthood services. Upon such 124 consent, age-appropriate activities shall be incorporated into 125 the youth’s written case plan. This plan may include specific 126 goals and objectives and shall be reviewed and updated at least 127 quarterly. If the parent or guardian is cooperative, the plan 128 may not interfere with the parent’s or guardian’s rights to 129 nurture and train his or her child in ways that are otherwise in 130 compliance with the law and court order. 131 (e) Contract for transition-to-adulthood services that 132 include residential services and assistance and allow the child 133 to live independently of the daily care and supervision of an 134 adult in a setting that is not licensed under s. 409.175. A 135 child under the care or supervision of the department who has 136 reached 17 years of age but is not yet 19 years of age is 137 eligible for such services if he or she does not pose a danger 138 to the public and is able to demonstrate minimally sufficient 139 skills and aptitude for living under decreased adult 140 supervision, as determined by the department, using established 141 procedures and assessments. 142 (5) For a child who is 17 years of age or older, under the 143 department’s care or supervision, and without benefit of parents 144 or legal guardians capable of assisting the child in the 145 transition to adult life, the department may provide an 146 assessment to determine the child’s skills and abilities to live 147 independently and become self-sufficient. Based on the 148 assessment and within existing resources, services and training 149 may be provided in order to develop the necessary skills and 150 abilities before the child’s 18th birthday. 151 (6) The provision of transition-to-adulthood services must 152 be part of an overall plan leading to the total independence of 153 the child from department supervision. The plan must include, 154 but need not be limited to: 155 (a) A description of the child’s skills and a plan for 156 learning additional identified skills; 157 (b) The behavior that the child has exhibited which 158 indicates an ability to be responsible and a plan for developing 159 additional responsibilities, as appropriate; 160 (c) A plan for the provision of future educational, 161 vocational, and training skills; 162 (d) Present financial and budgeting capabilities and a plan 163 for improving resources and abilities; 164 (e) A description of the proposed residence; 165 (f) Documentation that the child understands the specific 166 consequences of his or her conduct in such a program; 167 (g) Documentation of proposed services to be provided by 168 the department and other agencies, including the type of 169 services and the nature and frequency of contact; and 170 (h) A plan for maintaining or developing relationships with 171 family, other adults, friends, and the community, as 172 appropriate. 173 Section 3. Paragraph (a) of subsection (5) of section 174 985.0301, Florida Statutes, is amended to read: 175 985.0301 Jurisdiction.— 176 (5)(a) Notwithstanding ss. 743.07, 985.43, 985.433, 177 985.435, 985.439, and 985.441, and except as provided in ss. 178 985.461, 985.465, and 985.47 and paragraph (f), when the 179 jurisdiction of any child who is alleged to have committed a 180 delinquent act or violation of law is obtained, the court shall 181 retain jurisdiction, unless relinquished by its order, until the 182 child reaches 19 years of age, with the same power over the 183 child which
thatthe court had before prior tothe child became 184 becomingan adult. For the purposes of s. 985.461, the court may 185 retain jurisdiction for an additional 365 days following the 186 child’s 19th birthday if the child is participating in 187 transition-to-adulthood services. The additional services do not 188 extend involuntary court-sanctioned residential commitment and 189 therefore require voluntary participation by the affected youth. 190 Section 4. College-Preparatory Boarding Academy Pilot 191 Program for at-risk students.— 192 (1) PROGRAM CREATION.—The College-Preparatory Boarding 193 Academy Pilot Program is created for the purpose of providing 194 unique educational opportunities to dependent or at-risk 195 children who are academic underperformers but who have the 196 potential to progress from at-risk to college-bound. The State 197 Board of Education shall implement this program. 198 (2) DEFINITIONS.—As used in this section, the term: 199 (a) “Board” means the board of trustees of a college 200 preparatory boarding academy for at-risk students. 201 (b) “Eligible student” means a student who is a resident of 202 the state and entitled to attend school in a participating 203 school district, is at risk of academic failure, is currently 204 enrolled in grade 5 or 6, is from a family whose income is below 205 200 percent of the federal poverty guidelines, and who meets at 206 least one of the following additional risk factors: 207 1. The child is in foster care or has been declared an 208 adjudicated dependent by a court. 209 2. The student’s head of household is not the student’s 210 custodial parent. 211 3. The student resides in a household that receives a 212 housing voucher or has been determined eligible for public 213 housing assistance. 214 4. A member of the student’s immediate family has been 215 incarcerated. 216 (c) “Operator” means a private, nonprofit corporation that 217 is selected by the state under subsection (3) to operate the 218 program. 219 (d) “Program” means a college-preparatory boarding academy 220 for at-risk students which includes: 221 1. A remedial curriculum for middle school grades; 222 2. The college-preparatory curriculum for high school 223 grades; 224 3. Extracurricular activities, including athletics and 225 cultural events; 226 4. College admissions counseling; 227 5. Health and mental health services; 228 6. Tutoring; 229 7. Community service and service learning opportunities; 230 8. A residential student life program; 231 9. Extended school days and supplemental programs; and 232 10. Professional services focused on the language arts and 233 reading standards, mathematics standards, science standards, 234 technology standards, and developmental or life skill standards 235 using innovative and best practices for all students. 236 (e) “Sponsor” means a public school district that acts as a 237 sponsor pursuant to s. 1002.33, Florida Statutes. 238 (3) PROPOSALS.— 239 (a) The State Board of Education shall select a private, 240 nonprofit corporation to operate the program which must meet all 241 of the following qualifications: 242 1. The nonprofit corporation has, or will receive as a 243 condition of the contract, a public charter school authorized 244 under s. 1002.33, Florida Statutes, to offer grades 6 through 245 12, or has a partnership with a sponsor to operate a school. 246 2. The nonprofit corporation has experience operating a 247 school or program similar to the program authorized under this 248 section. 249 3. The nonprofit corporation has demonstrated success with 250 a school or program similar to the program authorized under this 251 section. 252 4. The nonprofit corporation has the capacity to finance 253 and secure private funds for the development of a campus for the 254 program. 255 (b) Within 60 days after July 1, 2011, the State Board of 256 Education shall issue a request for proposals from private, 257 nonprofit corporations interested in operating the program. The 258 state board shall select operators from among the qualified 259 responders within 120 days after the issuance of the requests 260 for proposal. 261 (c) Each proposal must contain the following information: 262 1. The proposed location of the college-preparatory 263 boarding academy; 264 2. A plan for offering grade 6 in the program’s initial 265 year of operation and a plan for expanding the grade levels 266 offered by the school in subsequent years; and 267 3. Any other information about the proposed educational 268 program, facilities, or operations of the school determined 269 necessary by the state board. 270 (4) CONTRACT.—The State Board of Education shall contract 271 with the operator of a college-preparatory boarding academy. The 272 contract must stipulate that: 273 (a) The academy operates only if, and to the extent that, 274 it holds a valid charter authorized under s. 1002.33, Florida 275 Statutes, or is authorized by a local school district defined as 276 a sponsor pursuant to s. 1002.33, Florida Statutes. 277 (b) The operator finances and oversees the acquisition of a 278 facility for the academy. 279 (c) The operator operates the academy in accordance with 280 the terms of the proposal accepted by the state board. 281 (d) The operator complies with this section. 282 (e) The operator complies with any other provisions of law 283 specified in the contract, the charter granted by the local 284 school district or the operating agreement with the sponsor, and 285 the rules adopted by the state board for schools operating in 286 this state. 287 (f) The operator complies with the bylaws adopted pursuant 288 to subsection (5). 289 (g) The operator complies with the standards for admission 290 of students to the academy and for dismissal of students from 291 the academy which are included in the contract and may be 292 reevaluated and revised by mutual agreement between the operator 293 and the state board. 294 (h) The operator meets the academic goals and other 295 performance standards established by the contract. 296 (i) The state board or the operator may terminate the 297 contract in accordance with the procedures specified in the 298 contract, which must at least require that the party seeking 299 termination give prior written notice of the intent to terminate 300 and that the party receiving the termination notice is granted 301 an opportunity to redress any grievances cited therein. 302 (j) If the school closes for any reason, the academy’s 303 board of trustees execute the closing in a manner specified in 304 the contract. 305 (5) OPERATOR BYLAWS.—The operator of the program shall 306 adopt bylaws for the oversight and operation of the academy 307 which are in accordance with this section, state law, and the 308 contract between the operator and the State Board of Education. 309 The bylaws must include procedures for the appointment of board 310 members to the academy’s board of trustees, which may not exceed 311 25 members, 5 members of whom shall be appointed by the Governor 312 with the advice and consent of the Senate. The bylaws are 313 subject to approval of the state board. 314 (6) OUTREACH.—The program operator shall adopt an outreach 315 program with the local education agency or school district and 316 community. The outreach program must give special attention to 317 the recruitment of eligible children in the state who are 318 academic underperformers and who, if given the unique 319 educational opportunity provided in the program, have the 320 potential to progress from at-risk children to college-bound 321 children. 322 (7) FUNDING.—The college-preparatory boarding academy must 323 be a public school and part of the state’s program of education. 324 If the program receives state funding from noneducation sources, 325 the State Board of Education shall coordinate, streamline, and 326 simplify any requirements to eliminate duplicate, redundant, or 327 conflicting requirements and oversight by various governmental 328 programs or agencies. Funding for the operation of the boarding 329 academy is contingent on the development of a plan by the 330 Department of Education, the Department of Juvenile Justice and 331 the Department of Children and Family Services which details how 332 educational and noneducational funds that would otherwise be 333 committed to the students in the school and their families can 334 be repurposed to provide for the operation of the school and 335 related services. Such plans must be based on federal and state 336 funding streams for children and families meeting the 337 eligibility criteria for eligible students as specified in 338 paragraph (2)(b) and include recommendations for modifications 339 to the criteria for eligible students which furthers the 340 program’s goals or improves the feasibility of using existing 341 funding sources. The plan shall be submitted, together with 342 relevant budget requests, through the legislative budget request 343 process under s. 216.023, Florida Statutes, or through requests 344 for budget amendments to the Legislative Budget Commission in 345 accordance with s. 216.181, Florida Statutes. 346 (8) STUDENT SERVICES.—Students enrolled in the program who 347 have been adjudicated dependent must remain under the case 348 management services and supervision of the lead agency and its 349 respective providers. The operator may contract with its own 350 providers as necessary to provide services to children in the 351 program and to ensure continuity of the full range of services 352 required by children in foster care who attend the academy. The 353 decision of a foster parent to withdraw a child from the program 354 who is in foster care and has been admitted to the program is 355 subject to the review and approval of the state agency. 356 (9) MEDICAID BILLING.—This section does not prohibit an 357 operator from appropriately billing Medicaid for services 358 rendered to eligible students through the program or from 359 earning federal or local funding for services provided. 360 (10) ADMISSION.—An eligible student may apply for admission 361 to the program. If more eligible students apply for admission 362 than the number of students permitted by the capacity 363 established by the board of trustees, admission shall be 364 determined by lottery. 365 (11) STUDENT HOUSING.—Notwithstanding ss. 409.1677(3)(d) 366 and 409.176, Florida Statutes, or any other provision of law, an 367 operator may house and educate dependent, at-risk youth in its 368 residential school for the purpose of facilitating the mission 369 of the program and encouraging innovative practices. 370 (12) ANNUAL REPORT.— 371 (a) The State Board of Education shall issue an annual 372 report for each college-preparatory boarding academy which 373 includes all information applicable to schools. 374 (b) The college-preparatory boarding academy shall report 375 to the Department of Education, in the form and manner 376 prescribed in the contract, all information applicable to public 377 schools and any additional information as specified by the 378 contract. 379 (c) The operator shall comply with all provisions 380 applicable to public schools. The operator shall provide the 381 student’s legal guardians with sufficient information on whether 382 the student is reading at grade level and whether the student 383 gains at least a year’s worth of learning for every year spent 384 in the program. 385 Section 5. This act shall take effect July 1, 2011.