Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 834
       
       
       
       
       
       
                                Barcode 370770                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/01/2012           .                                
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       The Committee on Budget Subcommittee on Criminal and Civil
       Justice Appropriations (Thrasher) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (30) through (57) of section
    6  985.03, Florida Statutes, are redesignated as subsections (31)
    7  through (58), respectively, and a new subsection (30) is added
    8  to that section, to read:
    9         985.03 Definitions.—As used in this chapter, the term:
   10         (30) “Juvenile justice education programs” has the same
   11  meaning as provided in s. 1003.01(11)(a).
   12         Section 2. Subsection (6) is added to section 985.46,
   13  Florida Statutes, to read:
   14         985.46 Conditional release.—
   15         (6) Each juvenile committed to a commitment program shall
   16  have a transition plan upon release. Transition planning shall
   17  begin for each juvenile upon placement in a commitment program
   18  and shall result in an individual transition plan for each youth
   19  before he or she is released. The transition plan shall be
   20  developed with the participation of the youth, representatives
   21  of the commitment program, school district personnel, and
   22  representatives of conditional release or postcommitment
   23  probation programs, if appropriate. The transition plan shall
   24  include an education transition plan component as provided in s.
   25  1003.515(10), as well as information regarding pertinent
   26  delinquency treatment and intervention services that are
   27  accessible upon exiting the program.
   28         (a)For a juvenile who is released on conditional release
   29  or postcommitment probation status, the transition plan shall be
   30  incorporated into the conditions of release.
   31         (b)For a juvenile who is not released on conditional
   32  release or postcommitment probation status, the transition plan
   33  shall be explained to the youth and provided upon release, with
   34  all necessary referrals having been made at least 30 days before
   35  the youth exits the program.
   36         (c)For a juvenile who participates in a nonresidential
   37  program, the transition plan shall be explained to the youth and
   38  provided upon release. For a juvenile who participates in a
   39  nonresidential program and who is released on conditional
   40  release or postcommitment probation status, the transition plan
   41  shall be incorporated into the conditions of release.
   42         Section 3. Section 985.618, Florida Statutes, is amended to
   43  read:
   44         (Substantial rewording of section. See
   45         s. 985.618, F.S., for present text.)
   46         985.618 Education and workforce-related programs.—
   47         (1)The Legislature intends for youth in juvenile justice
   48  programs to be provided a quality education that includes
   49  workforce-related skills that lead to continuing education or
   50  meaningful employment, or both, and that results in reduced
   51  rates of recidivism.
   52         (2) The department, in collaboration with the Department of
   53  Education, shall annually verify that each juvenile justice
   54  education program, at a minimum:
   55         (a)Provides access to virtual course offerings that
   56  maximize learning opportunities for youth.
   57         (b) Encourages access to virtual counseling to address the
   58  educational and workforce needs of adjudicated youth.
   59         (c)Provides instruction from individuals who hold industry
   60  credentials in the occupational areas in which they teach.
   61         (d)Ensures that students in juvenile justice residential
   62  education programs have access to virtual instruction or
   63  instruction offered by volunteers during evenings and weekends.
   64         (e)Considers, before placement, the age, interests, prior
   65  education, training, work experience, emotional and mental
   66  abilities, treatment needs, and physical capabilities of the
   67  youth and the duration of the term of placement imposed.
   68         (f) Provides specialized instruction, related services,
   69  accommodations, and modifications as are necessary to ensure the
   70  provision of a free, appropriate public education for students
   71  with disabilities.
   72         (g) Expends funds in a manner that directly supports the
   73  attainment of successful student outcomes as specified in s.
   74  1003.515(7) and that allows youth to engage in real work
   75  situations whenever possible.
   76         (3)The department shall collaborate with the Department of
   77  Education, the Department of Economic Opportunity, school
   78  districts, and private providers to adopt rules to administer
   79  this section.
   80         Section 4. Section 985.632, Florida Statutes, is amended to
   81  read:
   82         985.632 Quality assurance and cost-effectiveness.—
   83         (1) It is the intent of the Legislature that the
   84  department:
   85         (a) Ensure that information be provided to decisionmakers
   86  in a timely manner so that resources are allocated to programs
   87  of the department which achieve desired performance levels.
   88         (b) Provide information about the cost of such programs and
   89  their differential effectiveness so that the quality of such
   90  programs can be compared and improvements made continually.
   91         (c) Provide information to aid in developing related policy
   92  issues and concerns.
   93         (d) Provide information to the public about the
   94  effectiveness of such programs in meeting established goals and
   95  objectives.
   96         (e) Provide a basis for a system of accountability so that
   97  each client is afforded the best programs to meet his or her
   98  needs.
   99         (f) Improve service delivery to clients.
  100         (g) Modify or eliminate activities that are not effective.
  101         (2) As used in this section, the term:
  102         (a) “Client” means any person who is being provided
  103  treatment or services by the department or by a provider under
  104  contract with the department.
  105         (b) “Program component” means an aggregation of generally
  106  related objectives which, because of their special character,
  107  related workload, and interrelated output, can logically be
  108  considered an entity for purposes of organization, management,
  109  accounting, reporting, and budgeting.
  110         (c) “Program effectiveness” means the ability of the
  111  program to achieve desired client outcomes, goals, and
  112  objectives.
  113         (3) The department shall annually collect and report cost
  114  data for every program operated by the department or its
  115  contracted provider or contracted by the department. The cost
  116  data shall conform to a format approved by the department and
  117  the Legislature. Uniform cost data shall be reported and
  118  collected for each education program operated by a school
  119  district or private provider contracted by a school district
  120  state-operated and contracted programs so that comparisons can
  121  be made among programs. The Department of Education shall ensure
  122  that there is accurate cost accounting for education programs
  123  operated by school districts, including those programs operated
  124  by private providers under contract with school districts state
  125  operated services including market-equivalent rent and other
  126  shared cost. The cost of the educational program provided to a
  127  residential facility shall be reported and included in the cost
  128  of a program. The Department of Education shall submit an annual
  129  cost data report to the department President of the Senate, the
  130  Speaker of the House of Representatives, the Minority Leader of
  131  each house of the Legislature, the appropriate substantive and
  132  fiscal committees of each house of the Legislature, and the
  133  Governor, no later than December 1 of each year. The annual cost
  134  data shall be included in the annual report required in
  135  subsection (7). Cost-benefit analysis for juvenile justice
  136  education educational programs shall will be developed and
  137  implemented in collaboration with and in cooperation with the
  138  Department of Education, local providers, and local school
  139  districts. Cost data for the report shall include data collected
  140  by the Department of Education for the purposes of preparing the
  141  annual report required by s. 1003.52(19).
  142         (4)(a) The department, in consultation with the Office of
  143  Economic and Demographic Research and contract service
  144  providers, shall develop a cost-effectiveness model and apply
  145  the model to each commitment program. Program recidivism rates
  146  shall be a component of the model. The cost-effectiveness model
  147  shall compare program costs to client outcomes and program
  148  outputs. It is the intent of the Legislature that continual
  149  development efforts take place to improve the validity and
  150  reliability of the cost-effectiveness model.
  151         (b) The department shall rank commitment programs based on
  152  the cost-effectiveness model and shall submit a report to the
  153  appropriate substantive and fiscal committees of each house of
  154  the Legislature by December 31 of each year.
  155         (c) Based on reports of the department on client outcomes
  156  and program outputs and on the department’s most recent cost
  157  effectiveness rankings, the department may terminate a program
  158  operated by the department or a provider if the program has
  159  failed to achieve a minimum threshold of program effectiveness.
  160  This paragraph does not preclude the department from terminating
  161  a contract as provided under this section or as otherwise
  162  provided by law or contract, and does not limit the department’s
  163  authority to enter into or terminate a contract.
  164         (d) In collaboration with the Office of Economic and
  165  Demographic Research, and contract service providers, the
  166  department shall develop a work plan to refine the cost
  167  effectiveness model so that the model is consistent with the
  168  performance-based program budgeting measures approved by the
  169  Legislature to the extent the department deems appropriate. The
  170  department shall notify the Office of Program Policy Analysis
  171  and Government Accountability of any meetings to refine the
  172  model.
  173         (e) Contingent upon specific appropriation, the department,
  174  in consultation with the Office of Economic and Demographic
  175  Research, and contract service providers, shall:
  176         1. Construct a profile of each commitment program that uses
  177  the results of the quality assurance report required by this
  178  section, the cost-effectiveness report required in this
  179  subsection, and other reports available to the department.
  180         2. Target, for a more comprehensive evaluation, any
  181  commitment program that has achieved consistently high, low, or
  182  disparate ratings in the reports required under subparagraph 1.
  183         3. Identify the essential factors that contribute to the
  184  high, low, or disparate program ratings.
  185         4. Use the results of these evaluations in developing or
  186  refining juvenile justice programs or program models, client
  187  outcomes and program outputs, provider contracts, quality
  188  assurance standards, and the cost-effectiveness model.
  189         (5)(a) Program effectiveness shall be determined by
  190  implementing systematic data collection, data analysis, and
  191  education and workforce-related program evaluations pursuant to
  192  this section and s. 1003.515.
  193         (b)The evaluation of juvenile justice education and
  194  workforce-related programs shall be based on the performance
  195  outcomes provided in s. 1003.515(7).
  196         (6)(5) The department shall:
  197         (a) Establish a comprehensive quality assurance system for
  198  each program operated by the department or its contracted
  199  provider operated by a provider under contract with the
  200  department. Each contract entered into by the department must
  201  provide for quality assurance.
  202         (b) Provide operational definitions of and criteria for
  203  quality assurance for each specific program component.
  204         (c) Establish quality assurance goals and objectives for
  205  each specific program component.
  206         (d) Establish the information and specific data elements
  207  required for the quality assurance program.
  208         (e) Develop a quality assurance manual of specific,
  209  standardized terminology and procedures to be followed by each
  210  program.
  211         (f) Evaluate each program operated by the department or its
  212  contracted a provider under a contract with the department and
  213  establish minimum thresholds for each program component. If a
  214  provider fails to meet the established minimum thresholds, such
  215  failure shall cause the department to cancel the provider’s
  216  contract unless the provider achieves compliance with minimum
  217  thresholds within 6 months or unless there are documented
  218  extenuating circumstances. In addition, the department may not
  219  contract with the same provider for the canceled service for a
  220  period of 12 months. If a department-operated program fails to
  221  meet the established minimum thresholds, the department must
  222  take necessary and sufficient steps to ensure and document
  223  program changes to achieve compliance with the established
  224  minimum thresholds. If the department-operated program fails to
  225  achieve compliance with the established minimum thresholds
  226  within 6 months and if there are no documented extenuating
  227  circumstances, the department must notify the Executive Office
  228  of the Governor and the Legislature of the corrective action
  229  taken. Appropriate corrective action may include, but is not
  230  limited to:
  231         1. Contracting out for the services provided in the
  232  program;
  233         2. Initiating appropriate disciplinary action against all
  234  employees whose conduct or performance is deemed to have
  235  materially contributed to the program’s failure to meet
  236  established minimum thresholds;
  237         3. Redesigning the program; or
  238         4. Realigning the program.
  239  
  240  The department shall submit an annual report to the President of
  241  the Senate, the Speaker of the House of Representatives, the
  242  Minority Leader of each house of the Legislature, the
  243  appropriate substantive and fiscal committees of each house of
  244  the Legislature, and the Governor, no later than February 1 of
  245  each year. The annual report must contain, at a minimum, for
  246  each specific program component: a comprehensive description of
  247  the population served by the program; a specific description of
  248  the services provided by the program; cost; a comparison of
  249  expenditures to federal and state funding; immediate and long
  250  range concerns; and recommendations to maintain, expand,
  251  improve, modify, or eliminate each program component so that
  252  changes in services lead to enhancement in program quality. The
  253  department shall ensure the reliability and validity of the
  254  information contained in the report.
  255         (7)The department, in collaboration with the Department of
  256  Education and in consultation with the school districts and
  257  private juvenile justice education program providers, shall
  258  prepare an annual report containing the education performance
  259  outcomes, based on the criteria in s. 1003.515(7), of youth in
  260  juvenile justice education programs. The report shall delineate
  261  the performance outcomes of youth in the state, in each school
  262  district’s juvenile justice education program, and for each
  263  private provider’s juvenile justice education program, including
  264  the performance outcomes of all major student populations and
  265  genders, as determined by the Department of Education. The
  266  report shall address the use and successful completion of
  267  virtual instruction courses and the successful implementation of
  268  transition and reintegration plans. The report must include an
  269  analysis of the performance of youth over time, including, but
  270  not limited to, additional education attainment, employment,
  271  earnings, industry certification, and rates of recidivism. The
  272  report must also include recommendations for improving
  273  performance outcomes and for additional cost savings and
  274  efficiencies. The report shall be submitted to the Governor, the
  275  President of the Senate, and the Speaker of the House of
  276  Representatives by February 15, 2014, and each year thereafter.
  277         (8)(6) The department shall collect and analyze available
  278  statistical data for the purpose of ongoing evaluation of all
  279  programs. The department shall provide the Legislature with
  280  necessary information and reports to enable the Legislature to
  281  make informed decisions regarding the effectiveness of, and any
  282  needed changes in, services, programs, policies, and laws.
  283         Section 5. Section 985.721, Florida Statutes, is amended to
  284  read:
  285         985.721 Escapes from secure detention or residential
  286  commitment facility.—An escape from:
  287         (1) Any secure detention facility maintained for the
  288  temporary detention of children, pending adjudication,
  289  disposition, or placement;
  290         (2) Any residential commitment facility described in s.
  291  985.03(46) 985.03(45), maintained for the custody, treatment,
  292  punishment, or rehabilitation of children found to have
  293  committed delinquent acts or violations of law; or
  294         (3) Lawful transportation to or from any such secure
  295  detention facility or residential commitment facility,
  296  
  297  constitutes escape within the intent and meaning of s. 944.40
  298  and is a felony of the third degree, punishable as provided in
  299  s. 775.082, s. 775.083, or s. 775.084.
  300         Section 6. Paragraph (b) of subsection (18) of section
  301  1001.42, Florida Statutes, is amended to read:
  302         1001.42 Powers and duties of district school board.—The
  303  district school board, acting as a board, shall exercise all
  304  powers and perform all duties listed below:
  305         (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.
  306  Maintain a state system of school improvement and education
  307  accountability as provided by statute and State Board of
  308  Education rule. This system of school improvement and education
  309  accountability shall be consistent with, and implemented
  310  through, the district’s continuing system of planning and
  311  budgeting required by this section and ss. 1008.385, 1010.01,
  312  and 1011.01. This system of school improvement and education
  313  accountability shall comply with the provisions of ss. 1008.33,
  314  1008.34, 1008.345, and 1008.385 and include the following:
  315         (b) Public disclosure.—The district school board shall
  316  provide information regarding the performance of students in and
  317  education educational programs as required pursuant to ss.
  318  1008.22 and 1008.385 and implement a system of school reports as
  319  required by statute and State Board of Education rule which
  320  shall include schools operating for the purpose of providing
  321  education educational services to youth in Department of
  322  Juvenile Justice residential and nonresidential programs, and
  323  for those programs schools, report on the data and education
  324  outcomes elements specified in s. 1003.515(7) 1003.52(19).
  325  Annual public disclosure reports shall be in an easy-to-read
  326  report card format and shall include the school’s grade, high
  327  school graduation rate calculated without GED tests,
  328  disaggregated by student ethnicity, and performance data as
  329  specified in state board rule.
  330         Section 7. Subsection (20) of section 1002.20, Florida
  331  Statutes, is amended to read:
  332         1002.20 K-12 student and parent rights.—Parents of public
  333  school students must receive accurate and timely information
  334  regarding their child’s academic progress and must be informed
  335  of ways they can help their child to succeed in school. K-12
  336  students and their parents are afforded numerous statutory
  337  rights including, but not limited to, the following:
  338         (20) JUVENILE JUSTICE PROGRAMS.—Students who are in
  339  juvenile justice programs have the right to receive educational
  340  programs and services in accordance with the provisions of s.
  341  1003.515 1003.52.
  342         Section 8. Paragraph (b) of subsection (1) of section
  343  1002.45, Florida Statutes, is amended to read:
  344         1002.45 Virtual instruction programs.—
  345         (1) PROGRAM.—
  346         (b) Each school district that is eligible for the sparsity
  347  supplement pursuant to s. 1011.62(7) shall provide all enrolled
  348  public school students within its boundaries the option of
  349  participating in part-time and full-time virtual instruction
  350  programs. Each school district that is not eligible for the
  351  sparsity supplement shall provide at least three options for
  352  part-time and full-time virtual instruction. All school
  353  districts must provide parents with timely written notification
  354  of an open enrollment period for full-time students of at least
  355  90 days that ends no later than 30 days before prior to the
  356  first day of the school year. The purpose of the program is to
  357  make quality virtual instruction available to students using
  358  online and distance learning technology in the nontraditional
  359  classroom. A school district virtual instruction program shall
  360  provide the following:
  361         1. Full-time virtual instruction for students enrolled in
  362  kindergarten through grade 12.
  363         2. Part-time virtual instruction for students enrolled in
  364  grades 9 through 12 courses that are measured pursuant to
  365  subparagraph (8)(a)2.
  366         3. Full-time or part-time virtual instruction for students
  367  enrolled in dropout prevention and academic intervention
  368  programs under s. 1003.53, Department of Juvenile Justice
  369  education programs under s. 1003.515 1003.52, core-curricula
  370  courses to meet class size requirements under s. 1003.03, or
  371  Florida College System institutions under this section.
  372         Section 9. Paragraph (a) of subsection (11) of section
  373  1003.01, Florida Statutes, is amended to read:
  374         1003.01 Definitions.—As used in this chapter, the term:
  375         (11)(a) “Juvenile justice education programs or schools”
  376  means programs or schools operating for the purpose of providing
  377  educational services to youth in Department of Juvenile Justice
  378  programs, for a school year comprised of 250 days of instruction
  379  distributed over 12 months. At the request of the provider, a
  380  district school board may decrease the minimum number of days of
  381  instruction by up to 10 days for teacher planning for
  382  residential programs and up to 20 days for teacher planning for
  383  nonresidential programs, subject to the approval of the
  384  Department of Juvenile Justice and the Department of Education.
  385         Section 10. Section 1003.515, Florida Statutes, is created
  386  to read:
  387         1003.515 The Florida Juvenile Justice Education Act.—
  388         (1) SHORT TITLE.—This section may be cited as the “Florida
  389  Juvenile Justice Education Act.”
  390         (2) LEGISLATIVE FINDING.—The Legislature finds that an
  391  education is the single most important factor in the
  392  rehabilitation of adjudicated youth who are in Department of
  393  Juvenile Justice residential and nonresidential programs.
  394         (3) PURPOSES.—The purposes of this section are to:
  395         (a) Provide performance-based outcome measures and
  396  accountability for juvenile justice education programs; and
  397         (b)Improve academic and workforce-related outcomes so that
  398  adjudicated and at-risk youth may successfully complete the
  399  transition to and reenter the academic and workforce
  400  environments.
  401         (4) DEFINITION.—For purposes of this section, the term
  402  “juvenile justice education programs” has the same meaning as in
  403  s. 1003.01(11)(a).
  404         (5) SCHOOL DISTRICT AND CONTRACTED EDUCATION PROVIDER
  405  RESPONSIBILITIES.—
  406         (a) A school district or private provider contracted by a
  407  school district to offer education services to youth in a
  408  juvenile justice education program shall:
  409         1. Provide rigorous and relevant academic and workforce
  410  related curricula that will lead to industry certifications or
  411  occupational completion points in an occupational area
  412  identified in the Industry Certification Funding list adopted by
  413  the State Board of Education, or articulate to secondary or
  414  postsecondary-level coursework, as appropriate.
  415         2.Support state, local, and regional economic development
  416  demands.
  417         3. Make high-wage and high-demand careers more accessible
  418  to adjudicated and at-risk youth.
  419         4. Reduce rates of recidivism for adjudicated youth.
  420         5. Provide access to the appropriate courses and
  421  instruction to prepare youth for a standard high school diploma,
  422  a special diploma, or a high school equivalency diploma, as
  423  appropriate.
  424         6. Provide access to virtual education courses that are
  425  appropriate to meet the requirements of academic or workforce
  426  related programs and the requirements for continuing education
  427  specified in the youth’s transition and postrelease plans.
  428         7. Provide opportunities for earning credits toward high
  429  school graduation or credits that articulate to postsecondary
  430  education institutions while the youth are in residential and
  431  nonresidential juvenile justice facilities.
  432         8. Ensure that the credits and partial credits earned by
  433  the youth are transferred and included in the youth’s records as
  434  part of the transition plan.
  435         9.Ensure that the education program consists of the
  436  appropriate academic, workforce-related, or exceptional
  437  education curricula and related services that directly support
  438  performance outcomes, which must be specified in each youth’s
  439  education transition plan component as required by subsection
  440  (10).
  441         10. If the duration of a youth’s stay in a program is less
  442  than 40 days, ensure that the youth receives employability, life
  443  skills, and academic remediation, as appropriate. In addition,
  444  counseling and transition services must be provided which
  445  mitigate the youth’s identified risk factors and prepare the
  446  youth for a successful reintegration into the school, community,
  447  and home settings.
  448         11. Maintain an academic record for each youth who is
  449  enrolled in a juvenile justice facility, as required by s.
  450  1003.51, and ensure that the coursework, credits, partial
  451  credits, occupational completion points, and industry
  452  certifications earned by the youth are transferred and included
  453  in the youth’s transition plan pursuant to s. 985.46.
  454         (b)Each school district and private provider shall ensure
  455  that the following youth participate in the program:
  456         1.Youth who are of compulsory school attendance age
  457  pursuant to s. 1003.21.
  458         2.Youth who are not of compulsory school attendance age
  459  and who have not received a high school diploma or its
  460  equivalent, if the youth is in a residential or nonresidential
  461  juvenile justice program. Such youth must participate in the
  462  education program and participate in a workforce-related
  463  education program that leads to industry certification or
  464  occupational completion points in an occupational area
  465  identified in the Industry Certification Funding list adopted by
  466  the State Board of Education. This subparagraph does not limit
  467  the rights of students with disabilities, as defined under the
  468  Individuals with Disabilities Education Act, who are not of
  469  compulsory school attendance age and who have not received a
  470  high school diploma to receive a free, appropriate public
  471  education in accordance with their individualized needs.
  472         3.Youth who have attained a high school diploma or its
  473  equivalent and who are not employed. Such youth must participate
  474  in a workforce-related education program that leads to
  475  employment in an occupational area identified in the Industry
  476  Certification Funding list adopted by the State Board of
  477  Education. Such youth may enroll in a state postsecondary
  478  institution to complete the workforce-related education program
  479  and are exempt from the payment of tuition and fees pursuant to
  480  s. 1009.25(1)(g).
  481         (6) PROGRAM REQUIREMENTS.—In compliance with the strategic
  482  5-year plan under s. 1003.491, each juvenile justice residential
  483  and nonresidential education program shall, in collaboration
  484  with the regional workforce board or economic development agency
  485  and local postsecondary institutions, determine the appropriate
  486  occupational areas for the program. Juvenile justice education
  487  programs must:
  488         (a)Ensure that rigorous academic and workforce-related
  489  coursework is offered and meets or exceeds appropriate state
  490  approved subject area standards, and results in the attainment
  491  of industry certification and postsecondary credit, when
  492  appropriate;
  493         (b)Ensure instruction from individuals who hold state
  494  certifications, school district certifications pursuant to ss.
  495  1012.39 and 1012.55(1), or industry credentials in the
  496  occupational areas in which they teach;
  497         (c) Maximize the use of private sector personnel;
  498         (d)Use strategies to maximize the delivery of virtual
  499  instruction;
  500         (e) Maximize instructional efficiency for youth in juvenile
  501  justice facilities;
  502         (f)Provide opportunities for youth to earn weighted or
  503  dual enrollment credit for higher-level courses, when
  504  appropriate;
  505         (g) Promote credit recovery; and
  506         (h)Provide instruction that results in competency,
  507  certification, or credentials in workplace skills, including,
  508  but not limited to, communication skills, interpersonal skills,
  509  decisionmaking skills, work ethic, and the importance of
  510  attendance and timeliness in the work environment.
  511         (7)DEPARTMENT RESPONSIBILITIES.—
  512         (a)The department shall identify each residential and
  513  nonresidential juvenile justice education program, excluding
  514  detention programs, as having one of the following performance
  515  ratings as defined by State Board of Education rule:
  516         1.High performance.
  517         2.Adequate performance.
  518         3.Failing performance.
  519         (b)The department shall consider the level of rigor
  520  associated with the attainment of a particular outcome when
  521  assigning weight to the outcome. The department shall evaluate
  522  the following elements in determining a juvenile justice
  523  education program’s performance rating:
  524         1.One or more of the following outcomes for a youth who is
  525  14 years of age or younger:
  526         a.Achieving academic progress in reading and mathematics,
  527  as measured by the statewide common pre- and post-assessment
  528  adopted by the department for use in juvenile justice education
  529  programs.
  530         b. Participating in continuing education upon release from
  531  a juvenile justice residential or nonresidential program.
  532         c.Completing secondary coursework upon release from a
  533  juvenile justice residential or nonresidential program.
  534         d.Attaining occupational completion points in an
  535  occupational area identified in the Industry Certification
  536  Funding list adopted by the State Board of Education.
  537         e.Attaining an industry certification in an occupational
  538  area identified in the Industry Certification Funding list
  539  adopted by the State Board of Education, if available and
  540  appropriate.
  541         2.One or more of the following outcomes for a youth who is
  542  15 years of age or older:
  543         a. Achieving academic progress in reading and mathematics,
  544  as measured by the statewide common pre- and post-assessment
  545  adopted by the department for use in juvenile justice education
  546  programs.
  547         b. Participating in continuing education upon release from
  548  a juvenile justice residential or nonresidential program.
  549         c. Earning secondary or postsecondary credit upon release
  550  from a juvenile justice residential or nonresidential program.
  551         d.Attaining a high school diploma or its equivalent upon
  552  release from a juvenile justice residential or nonresidential
  553  program.
  554         e. Obtaining employment upon release from a juvenile
  555  justice residential or nonresidential program.
  556         f.Attaining an industry certification in an occupational
  557  area identified in the Industry Certification Funding list
  558  adopted by the State Board of Education.
  559         g. Attaining occupational completion points in an
  560  occupational area identified in the Industry Certification
  561  Funding list adopted by the State Board of Education.
  562         h. Participating in continuing education upon release from
  563  a juvenile justice residential or nonresidential program in
  564  order to complete the industry certification identified in the
  565  Industry Certification Funding list adopted by the State Board
  566  of Education.
  567         (c)By September 1, 2012, the department shall make
  568  available a common student pre- and post-assessment to measure
  569  the academic progress in reading and mathematics of youth who
  570  are assigned to juvenile justice education programs.
  571  
  572  For purposes of performance ratings, juvenile justice
  573  residential and nonresidential education programs, excluding
  574  detention centers, shall be held accountable for the performance
  575  outcomes of youth for no more than 6 months after the release of
  576  youth from the residential or nonresidential program. This
  577  subsection does not abrogate the provisions of s. 1002.22 which
  578  relate to education records or the requirements of 20 U.S.C. s.
  579  1232g, the Family Educational Rights and Privacy Act.
  580         (8)PROGRAM ACCOUNTABILITY.—
  581         (a) The department shall, in collaboration with the
  582  Department of Juvenile Justice:
  583         1.Monitor the education performance of youth in juvenile
  584  justice facilities.
  585         2.Prohibit school districts or private providers that have
  586  failing performance ratings from delivering the education
  587  services.
  588         3.Verify that a school district is operating or
  589  contracting with a private provider to deliver education
  590  services.
  591         (b) If a school district’s juvenile justice residential or
  592  nonresidential education program earns two failing performance
  593  ratings in any 3-year period, as provided in subsection (7), the
  594  school district shall contract with a private provider that has
  595  an adequate or higher performance rating or enter into an
  596  agreement with a school district that has an adequate or higher
  597  performance rating to deliver the education services to the
  598  youth in the program.
  599         (c)Except as provided in paragraph (b), the school
  600  district of the county in which the residential or
  601  nonresidential facility is located shall deliver education
  602  services to youth in Department of Juvenile Justice programs. A
  603  school district may contract with a private provider to deliver
  604  the education services in lieu of directly providing the
  605  education services. The contract shall include performance
  606  criteria as provided in subsection (7).
  607         (d)When determining educational placement for youth who
  608  enroll in a school district upon release, the school district
  609  must adhere to the transition plan established under s.
  610  985.46(6).
  611         (e)If a private provider under contract with a school
  612  district maintains an adequate or high-performance rating
  613  pursuant to subsection (7), the school district may not require
  614  a private provider to use the school district’s personnel.
  615         (f)Academic instructional personnel must be certified by
  616  the Department of Education; however, a nondegreed teacher of
  617  career education may be certified by a local school district
  618  under s. 1012.39 and may be designated as teaching out-of-field.
  619  An instructor who is deemed to be an expert in a specific field
  620  may be employed under s. 1012.55(1).
  621         (g)Each school district must provide juvenile justice
  622  education programs access to substitute classroom teachers used
  623  by the school district.
  624         (9) EXITING PROGRAM.—Upon exiting a program, a youth must:
  625         (a) Attain an industry certification or occupational
  626  completion points in an occupational area identified in the
  627  Industry Certification Funding list adopted by the State Board
  628  of Education;
  629         (b) Enroll in a program to complete the industry
  630  certification;
  631         (c) Be gainfully employed and earning full-time wages; or
  632         (d)Enroll in and continue his or her education based on
  633  the transition and postrelease plan provided in s. 958.46.
  634         (10)EDUCATION TRANSITION PLAN COMPONENT.—
  635         (a) The education transition plan component shall be
  636  incorporated in the transition plan pursuant to s. 985.46(6).
  637         (b) Each juvenile justice education program must develop an
  638  education transition plan component during the course of a
  639  youth’s stay in a juvenile justice residential or nonresidential
  640  program which coordinates academic and workforce services and
  641  assists the youth in successful community reintegration upon the
  642  youth’s release.
  643         (c)The development of the education transition plan
  644  component shall begin upon a youth’s placement in the program.
  645  The education transition plan component must include the
  646  academic and workforce services to be provided during the
  647  program stay and the establishment of services to be implemented
  648  upon release. The appropriate personnel in the juvenile justice
  649  residential and nonresidential program, the members of the
  650  community, the youth, and the youth’s family, when appropriate,
  651  shall collaborate to develop the education transition plan
  652  component.
  653         (d)Education planning for reintegration shall begin when
  654  placement decisions are made and continue throughout the youth’s
  655  stay in order to provide for continuing education, job
  656  placement, and other necessary services. Individuals who are
  657  responsible for reintegration shall coordinate activities to
  658  ensure that the education transition plan component is
  659  successfully implemented and a youth is provided access to
  660  support services that will sustain the youth’s success once he
  661  or she is no longer under the supervision of the Department of
  662  Juvenile Justice. The education transition plan component must
  663  provide for continuing education, workforce development, or
  664  meaningful job placement pursuant to the performance outcomes in
  665  subsection (7). For purposes of this section, the term
  666  “reintegration” means the process by which a youth returns to
  667  the community following release from a juvenile justice program.
  668         (11)FACILITIES.—The district school board may not be
  669  charged any rent, maintenance, utilities, or overhead on the
  670  facilities. Maintenance, repairs, and remodeling of existing
  671  facilities shall be provided by the Department of Juvenile
  672  Justice.
  673         (12)RULEMAKING.—The State Board of Education shall
  674  collaborate with the Department of Juvenile Justice, the
  675  Department of Economic Opportunity, school districts, and
  676  private providers to adopt rules pursuant to ss. 120.536(1) and
  677  120.54 to administer this section which must include provisions
  678  for uniform contracts and contract requirements between school
  679  districts and private providers.
  680         Section 11. Section 1003.52, Florida Statutes, is amended
  681  to read:
  682         1003.52 Educational services in Department of Juvenile
  683  Justice programs.—
  684         (1) The Legislature finds that education is the single most
  685  important factor in the rehabilitation of adjudicated delinquent
  686  youth in the custody of Department of Juvenile Justice programs.
  687  It is the goal of the Legislature that youth in the juvenile
  688  justice system continue to be allowed the opportunity to obtain
  689  a high quality education. The Department of Education shall
  690  serve as the lead agency for juvenile justice education
  691  programs, curriculum, support services, and resources. To this
  692  end, the Department of Education and the Department of Juvenile
  693  Justice shall each designate a Coordinator for Juvenile Justice
  694  Education Programs to serve as the point of contact for
  695  resolving issues not addressed by district school boards and to
  696  provide each department’s participation in the following
  697  activities:
  698         (a) Training, collaborating, and coordinating with the
  699  Department of Juvenile Justice, district school boards,
  700  educational contract providers, and juvenile justice providers,
  701  whether state operated or contracted.
  702         (b) Collecting information on the academic performance of
  703  students in juvenile justice programs and reporting on the
  704  results.
  705         (c) Developing academic and career protocols that provide
  706  guidance to district school boards and providers in all aspects
  707  of education programming, including records transfer and
  708  transition.
  709         (d) Prescribing the roles of program personnel and
  710  interdepartmental district school board or provider
  711  collaboration strategies.
  712  
  713  Annually, a cooperative agreement and plan for juvenile justice
  714  education service enhancement shall be developed between the
  715  Department of Juvenile Justice and the Department of Education
  716  and submitted to the Secretary of Juvenile Justice and the
  717  Commissioner of Education by June 30.
  718         (2) Students participating in Department of Juvenile
  719  Justice programs pursuant to chapter 985 which are sponsored by
  720  a community-based agency or are operated or contracted for by
  721  the Department of Juvenile Justice shall receive educational
  722  programs according to rules of the State Board of Education.
  723  These students shall be eligible for services afforded to
  724  students enrolled in programs pursuant to s. 1003.53 and all
  725  corresponding State Board of Education rules.
  726         (3) The district school board of the county in which the
  727  residential or nonresidential care facility or juvenile
  728  assessment facility is located shall provide appropriate
  729  educational assessments and an appropriate program of
  730  instruction and special education services.
  731         (a) The district school board shall make provisions for
  732  each student to participate in basic, career education, and
  733  exceptional student programs as appropriate. Students served in
  734  Department of Juvenile Justice programs shall have access to the
  735  appropriate courses and instruction to prepare them for the GED
  736  test. Students participating in GED preparation programs shall
  737  be funded at the basic program cost factor for Department of
  738  Juvenile Justice programs in the Florida Education Finance
  739  Program. Each program shall be conducted according to applicable
  740  law providing for the operation of public schools and rules of
  741  the State Board of Education. School districts shall provide the
  742  GED exit option for all juvenile justice programs.
  743         (b) By October 1, 2004, the Department of Education, with
  744  the assistance of the school districts, shall select a common
  745  student assessment instrument and protocol for measuring student
  746  learning gains and student progression while a student is in a
  747  juvenile justice education program. The assessment instrument
  748  and protocol must be implemented in all juvenile justice
  749  education programs in this state by January 1, 2005.
  750         (4) Educational services shall be provided at times of the
  751  day most appropriate for the juvenile justice program. School
  752  programming in juvenile justice detention, commitment, and
  753  rehabilitation programs shall be made available by the local
  754  school district during the juvenile justice school year, as
  755  defined in s. 1003.01(11). In addition, students in juvenile
  756  justice education programs shall have access to Florida Virtual
  757  School courses. The Department of Education and the school
  758  districts shall adopt policies necessary to ensure such access.
  759         (5) The educational program shall consist of appropriate
  760  basic academic, career, or exceptional curricula and related
  761  services which support the treatment goals and reentry and which
  762  may lead to completion of the requirements for receipt of a high
  763  school diploma or its equivalent. If the duration of a program
  764  is less than 40 days, the educational component may be limited
  765  to tutorial activities and career employability skills.
  766         (6) Participation in the program by students of compulsory
  767  school-attendance age as provided for in s. 1003.21 shall be
  768  mandatory. All students of noncompulsory school-attendance age
  769  who have not received a high school diploma or its equivalent
  770  shall participate in the educational program, unless the student
  771  files a formal declaration of his or her intent to terminate
  772  school enrollment as described in s. 1003.21 and is afforded the
  773  opportunity to take the general educational development test and
  774  attain a Florida high school diploma prior to release from a
  775  facility. A youth who has received a high school diploma or its
  776  equivalent and is not employed shall participate in workforce
  777  development or other career or technical education or Florida
  778  College System institution or university courses while in the
  779  program, subject to available funding.
  780         (7) A progress monitoring plan shall be developed for
  781  students who score below the level specified in district school
  782  board policy in reading, writing, and mathematics or below the
  783  level specified by the Commissioner of Education on statewide
  784  assessments as required by s. 1008.25. These plans shall address
  785  academic, literacy, and life skills and shall include provisions
  786  for intensive remedial instruction in the areas of weakness.
  787         (8) Each district school board shall maintain an academic
  788  record for each student enrolled in a juvenile justice facility
  789  as prescribed by s. 1003.51. Such record shall delineate each
  790  course completed by the student according to procedures in the
  791  State Course Code Directory. The district school board shall
  792  include a copy of a student’s academic record in the discharge
  793  packet when the student exits the facility.
  794         (9) The Department of Education shall ensure that all
  795  district school boards make provisions for high school level
  796  youth to earn credits toward high school graduation while in
  797  residential and nonresidential juvenile justice facilities.
  798  Provisions must be made for the transfer of credits and partial
  799  credits earned.
  800         (10) The district school board shall recruit and train
  801  teachers who are interested, qualified, or experienced in
  802  educating students in juvenile justice programs. Students in
  803  juvenile justice programs shall be provided a wide range of
  804  educational programs and opportunities including textbooks,
  805  technology, instructional support, and other resources available
  806  to students in public schools. Teachers assigned to educational
  807  programs in juvenile justice settings in which the district
  808  school board operates the educational program shall be selected
  809  by the district school board in consultation with the director
  810  of the juvenile justice facility. Educational programs in
  811  juvenile justice facilities shall have access to the substitute
  812  teacher pool utilized by the district school board.
  813         (11) District school boards may contract with a private
  814  provider for the provision of educational programs to youths
  815  placed with the Department of Juvenile Justice and shall
  816  generate local, state, and federal funding, including funding
  817  through the Florida Education Finance Program for such students.
  818  The district school board’s planning and budgeting process shall
  819  include the needs of Department of Juvenile Justice programs in
  820  the district school board’s plan for expenditures for state
  821  categorical and federal funds.
  822         (12) The district school board shall fund the educational
  823  program in a Department of Juvenile Justice facility at the same
  824  or higher level of funding for equivalent students in the
  825  district school system based on the funds generated by state
  826  funding through the Florida Education Finance Program for such
  827  students. It is the intent of the Legislature that the school
  828  district maximize its available local, state, and federal
  829  funding to a juvenile justice program.
  830         (1)(a) Juvenile justice educational programs shall be
  831  funded in the appropriate FEFP program based on the educational
  832  services needed by the student for Department of Juvenile
  833  Justice programs in accordance with s. 1011.62.
  834         (2)(b) Juvenile justice educational programs to receive the
  835  appropriate FEFP funding for Department of Juvenile Justice
  836  programs shall include those that are operated through a
  837  contract with the Department of Juvenile Justice and which are
  838  under purview of the Department of Juvenile Justice quality
  839  assurance standards for education.
  840         (3)(c) Consistent with the rules of the State Board of
  841  Education, district school boards are required to request an
  842  alternative FTE survey for Department of Juvenile Justice
  843  programs experiencing fluctuations in student enrollment.
  844         (4)(d) FTE count periods shall be prescribed in rules of
  845  the State Board of Education and shall be the same for programs
  846  of the Department of Juvenile Justice as for other public school
  847  programs. The summer school period for students in Department of
  848  Juvenile Justice programs shall begin on the day immediately
  849  following the end of the regular school year and end on the day
  850  immediately preceding the subsequent regular school year.
  851  Students shall be funded for no more than 25 hours per week of
  852  direct instruction.
  853         (5)(e) Each juvenile justice education program must receive
  854  all federal funds for which the program is eligible.
  855         (13) Each district school board shall negotiate a
  856  cooperative agreement with the Department of Juvenile Justice on
  857  the delivery of educational services to youths under the
  858  jurisdiction of the Department of Juvenile Justice. Such
  859  agreement must include, but is not limited to:
  860         (a) Roles and responsibilities of each agency, including
  861  the roles and responsibilities of contract providers.
  862         (b) Administrative issues including procedures for sharing
  863  information.
  864         (c) Allocation of resources including maximization of
  865  local, state, and federal funding.
  866         (d) Procedures for educational evaluation for educational
  867  exceptionalities and special needs.
  868         (e) Curriculum and delivery of instruction.
  869         (f) Classroom management procedures and attendance
  870  policies.
  871         (g) Procedures for provision of qualified instructional
  872  personnel, whether supplied by the district school board or
  873  provided under contract by the provider, and for performance of
  874  duties while in a juvenile justice setting.
  875         (h) Provisions for improving skills in teaching and working
  876  with juvenile delinquents.
  877         (i) Transition plans for students moving into and out of
  878  juvenile facilities.
  879         (j) Procedures and timelines for the timely documentation
  880  of credits earned and transfer of student records.
  881         (k) Methods and procedures for dispute resolution.
  882         (l) Provisions for ensuring the safety of education
  883  personnel and support for the agreed-upon education program.
  884         (m) Strategies for correcting any deficiencies found
  885  through the quality assurance process.
  886         (14) Nothing in this section or in a cooperative agreement
  887  shall be construed to require the district school board to
  888  provide more services than can be supported by the funds
  889  generated by students in the juvenile justice programs.
  890         (15)(a) The Department of Education in consultation with
  891  the Department of Juvenile Justice, district school boards, and
  892  providers shall establish objective and measurable quality
  893  assurance standards for the educational component of residential
  894  and nonresidential juvenile justice facilities. These standards
  895  shall rate the district school board’s performance both as a
  896  provider and contractor. The quality assurance rating for the
  897  educational component shall be disaggregated from the overall
  898  quality assurance score and reported separately.
  899         (b) The Department of Education shall develop a
  900  comprehensive quality assurance review process and schedule for
  901  the evaluation of the educational component in juvenile justice
  902  programs. The Department of Juvenile Justice quality assurance
  903  site visit and the education quality assurance site visit shall
  904  be conducted during the same visit.
  905         (c) The Department of Education, in consultation with
  906  district school boards and providers, shall establish minimum
  907  thresholds for the standards and key indicators for educational
  908  programs in juvenile justice facilities. If a district school
  909  board fails to meet the established minimum standards, it will
  910  be given 6 months to achieve compliance with the standards. If
  911  after 6 months, the district school board’s performance is still
  912  below minimum standards, the Department of Education shall
  913  exercise sanctions as prescribed by rules adopted by the State
  914  Board of Education. If a provider, under contract with the
  915  district school board, fails to meet minimum standards, such
  916  failure shall cause the district school board to cancel the
  917  provider’s contract unless the provider achieves compliance
  918  within 6 months or unless there are documented extenuating
  919  circumstances.
  920         (d) The requirements in paragraphs (a), (b), and (c) shall
  921  be implemented to the extent that funds are available.
  922         (16) The district school board shall not be charged any
  923  rent, maintenance, utilities, or overhead on such facilities.
  924  Maintenance, repairs, and remodeling of existing facilities
  925  shall be provided by the Department of Juvenile Justice.
  926         (17) When additional facilities are required, the district
  927  school board and the Department of Juvenile Justice shall agree
  928  on the appropriate site based on the instructional needs of the
  929  students. When the most appropriate site for instruction is on
  930  district school board property, a special capital outlay request
  931  shall be made by the commissioner in accordance with s. 1013.60.
  932  When the most appropriate site is on state property, state
  933  capital outlay funds shall be requested by the Department of
  934  Juvenile Justice provided by s. 216.043 and shall be submitted
  935  as specified by s. 216.023. Any instructional facility to be
  936  built on state property shall have educational specifications
  937  jointly developed by the district school board and the
  938  Department of Juvenile Justice and approved by the Department of
  939  Education. The size of space and occupant design capacity
  940  criteria as provided by State Board of Education rules shall be
  941  used for remodeling or new construction whether facilities are
  942  provided on state property or district school board property.
  943         (18) The parent of an exceptional student shall have the
  944  due process rights provided for in this chapter.
  945         (19) The Department of Education and the Department of
  946  Juvenile Justice, after consultation with and assistance from
  947  local providers and district school boards, shall report
  948  annually to the Legislature by February 1 on the progress toward
  949  developing effective educational programs for juvenile
  950  delinquents, including the amount of funding provided by
  951  district school boards to juvenile justice programs, the amount
  952  retained for administration including documenting the purposes
  953  for such expenses, the status of the development of cooperative
  954  agreements, the results of the quality assurance reviews
  955  including recommendations for system improvement, and
  956  information on the identification of, and services provided to,
  957  exceptional students in juvenile justice commitment facilities
  958  to determine whether these students are properly reported for
  959  funding and are appropriately served.
  960         (20) The educational programs at the Arthur Dozier School
  961  for Boys in Jackson County and the Florida School for Boys in
  962  Okeechobee shall be operated by the Department of Education,
  963  either directly or through grants or contractual agreements with
  964  other public or duly accredited education agencies approved by
  965  the Department of Education.
  966         (21) The State Board of Education may adopt any rules
  967  necessary to implement the provisions of this section, including
  968  uniform curriculum, funding, and second chance schools. Such
  969  rules must require the minimum amount of paperwork and
  970  reporting.
  971         (22) The Department of Juvenile Justice and the Department
  972  of Education, in consultation with Workforce Florida, Inc., the
  973  statewide Workforce Development Youth Council, district school
  974  boards, Florida College System institutions, providers, and
  975  others, shall jointly develop a multiagency plan for career
  976  education which describes the funding, curriculum, transfer of
  977  credits, goals, and outcome measures for career education
  978  programming in juvenile commitment facilities, pursuant to s.
  979  985.622. The plan must be reviewed annually.
  980         Section 12. Present paragraph (g) of subsection (1) of
  981  section 1009.25, Florida Statutes, is redesignated as paragraph
  982  (h), and a new paragraph (g) is added to that subsection, to
  983  read:
  984         1009.25 Fee exemptions.—
  985         (1) The following students are exempt from the payment of
  986  tuition and fees, including lab fees, at a school district that
  987  provides postsecondary career programs, Florida College System
  988  institution, or state university:
  989         (g) For purposes of completing coursework initiated while
  990  in the temporary custody of the state, youth who are eligible
  991  under s. 1003.515(5)(b)3. and who are ordered by a court to
  992  participate in a juvenile justice residential program.
  993         Section 13. Paragraph (a) of subsection (3) of section
  994  1010.20, Florida Statutes, is amended to read:
  995         1010.20 Cost accounting and reporting for school
  996  districts.—
  997         (3) PROGRAM EXPENDITURE REQUIREMENTS.—
  998         (a) Each district shall expend at least the percent of the
  999  funds generated by each of the programs listed in this section
 1000  on the aggregate total school costs for such programs:
 1001         1. Kindergarten and grades 1, 2, and 3, 90 percent.
 1002         2. Grades 4, 5, 6, 7, and 8, 80 percent.
 1003         3. Grades 9, 10, 11, and 12, 80 percent.
 1004         4. Programs for exceptional students, on an aggregate
 1005  program basis, 90 percent.
 1006         5. Grades 7 through 12 career education programs, on an
 1007  aggregate program basis, 80 percent.
 1008         6. Students-at-risk programs, on an aggregate program
 1009  basis, 80 percent.
 1010         7. Juvenile justice programs, on an aggregate program
 1011  basis, 95 90 percent.
 1012         8. Any new program established and funded under s.
 1013  1011.62(1)(c), that is not included under subparagraphs 1.-7.,
 1014  on an aggregate basis as appropriate, 80 percent.
 1015         Section 14. Paragraph (f) of subsection (1) of section
 1016  1011.62, Florida Statutes, is amended to read:
 1017         1011.62 Funds for operation of schools.—If the annual
 1018  allocation from the Florida Education Finance Program to each
 1019  district for operation of schools is not determined in the
 1020  annual appropriations act or the substantive bill implementing
 1021  the annual appropriations act, it shall be determined as
 1022  follows:
 1023         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
 1024  OPERATION.—The following procedure shall be followed in
 1025  determining the annual allocation to each district for
 1026  operation:
 1027         (f) Supplemental academic instruction; categorical fund.—
 1028         1. There is created a categorical fund to provide
 1029  supplemental academic instruction to students in kindergarten
 1030  through grade 12. This paragraph may be cited as the
 1031  “Supplemental Academic Instruction Categorical Fund.”
 1032         2. Categorical funds for supplemental academic instruction
 1033  shall be allocated annually to each school district in the
 1034  amount provided in the General Appropriations Act. These funds
 1035  shall be in addition to the funds appropriated on the basis of
 1036  FTE student membership in the Florida Education Finance Program
 1037  and shall be included in the total potential funds of each
 1038  district. These funds shall be used to provide supplemental
 1039  academic instruction to students enrolled in the K-12 program.
 1040  Supplemental instruction strategies may include, but are not
 1041  limited to: modified curriculum, reading instruction, after
 1042  school instruction, tutoring, mentoring, class size reduction,
 1043  extended school year, intensive skills development in summer
 1044  school, and other methods for improving student achievement.
 1045  Supplemental instruction may be provided to a student in any
 1046  manner and at any time during or beyond the regular 180-day term
 1047  identified by the school as being the most effective and
 1048  efficient way to best help that student progress from grade to
 1049  grade and to graduate.
 1050         3. Effective with the 2012-2013 1999-2000 fiscal year,
 1051  funding on the basis of FTE membership beyond the 180-day
 1052  regular term shall be provided in the FEFP only for students
 1053  enrolled in juvenile justice education programs or in education
 1054  programs for juveniles placed in secure facilities or programs
 1055  under s. 985.19. Funding for instruction beyond the regular 180
 1056  day school year for all other K-12 students shall be provided
 1057  through the supplemental academic instruction categorical fund
 1058  and other state, federal, and local fund sources with ample
 1059  flexibility for schools to provide supplemental instruction to
 1060  assist students in progressing from grade to grade and
 1061  graduating.
 1062         4. The Florida State University School, as a lab school, is
 1063  authorized to expend from its FEFP or Lottery Enhancement Trust
 1064  Fund allocation the cost to the student of remediation in
 1065  reading, writing, or mathematics for any graduate who requires
 1066  remediation at a postsecondary educational institution.
 1067         5. Beginning in the 1999-2000 school year, Dropout
 1068  prevention programs as defined in ss. 1003.515 1003.52,
 1069  1003.53(1)(a), (b), and (c), and 1003.54 shall be included in
 1070  group 1 programs under subparagraph (d)3.
 1071         Section 15. This act shall take effect upon becoming a law.
 1072  
 1073  ================= T I T L E  A M E N D M E N T ================
 1074         And the title is amended as follows:
 1075         Delete everything before the enacting clause
 1076  and insert:
 1077                        A bill to be entitled                      
 1078         An act relating to juvenile justice education and
 1079         workforce programs; amending s. 985.03, F.S.;
 1080         providing a definition for the term “juvenile justice
 1081         education programs” for purposes of the act; amending
 1082         s. 985.46, F.S.; requiring that each juvenile
 1083         committed to a juvenile justice commitment program
 1084         have a transition plan upon release; requiring that
 1085         the transition plan include an education transition
 1086         plan component and information regarding delinquency
 1087         treatment and intervention services that are
 1088         accessible upon exiting the program; amending s.
 1089         985.618, F.S.; providing legislative intent regarding
 1090         juvenile justice education and workforce-related
 1091         programs; requiring that the Department of Juvenile
 1092         Justice, in collaboration with the Department of
 1093         Education, annually verify that each juvenile justice
 1094         education program meets specified minimum standards;
 1095         requiring that the department collaborate with certain
 1096         entities to adopt rules; amending s. 985.632, F.S.;
 1097         conforming provisions to changes made by the act;
 1098         requiring that the Department of Education rather than
 1099         the Department of Juvenile Justice ensure that there
 1100         is accurate cost accounting for certain education
 1101         programs; requiring that the Department of Education
 1102         submit annual cost data to the Department of Juvenile
 1103         Justice; requiring that the effectiveness of juvenile
 1104         justice education programs be determined by
 1105         implementing systematic data collection, data
 1106         analysis, and evaluations; requiring that the programs
 1107         be evaluated based on student performance outcomes;
 1108         requiring that the Department of Juvenile Justice, in
 1109         collaboration with the Department of Education and in
 1110         consultation with other entities, prepare and submit
 1111         an annual report to the Governor and the Legislature
 1112         by a specified date; amending s. 985.721, F.S.;
 1113         conforming a cross-reference; amending s. 1001.42,
 1114         F.S.; conforming provisions to changes made by the
 1115         act; conforming a cross-reference; amending ss.
 1116         1002.20 and 1002.45, F.S.; conforming cross
 1117         references; amending s. 1003.01, F.S.; revising the
 1118         term “juvenile justice education programs or schools”
 1119         to conform to changes made by the act; creating s.
 1120         1003.515, F.S.; providing a short title; providing a
 1121         legislative finding; providing purposes of the Florida
 1122         Juvenile Justice Education Act; providing a definition
 1123         for the term “juvenile justice education programs”;
 1124         providing responsibilities for school districts and
 1125         private providers contracted by school districts to
 1126         offer education services to youth in juvenile justice
 1127         education programs; requiring that each juvenile
 1128         justice residential and nonresidential program involve
 1129         the regional workforce board or economic development
 1130         agency and local postsecondary institutions to
 1131         determine the occupational areas for the education and
 1132         workforce-related program; providing requirements for
 1133         education and workforce-related services in juvenile
 1134         justice programs; providing responsibilities for the
 1135         Department of Education; requiring that the department
 1136         identify each juvenile justice residential and
 1137         nonresidential education program, excluding detention
 1138         programs, by performance ratings; providing criteria
 1139         for determining performance ratings; requiring that
 1140         the department make available a common student pre-
 1141         and post-assessment to measure the academic progress
 1142         in reading and mathematics of youth in juvenile
 1143         justice education programs; requiring that juvenile
 1144         justice residential and nonresidential education
 1145         programs, excluding detention centers, be held
 1146         accountable for student performance outcomes for a
 1147         specified period after youth are released from the
 1148         programs; providing for program accountability;
 1149         requiring that the department monitor the education
 1150         performance of youth, prohibit certain school district
 1151         or private providers, under specified circumstances,
 1152         from delivering education services, and verify that a
 1153         school district is operating or contracting to deliver
 1154         education services; providing for a school district’s
 1155         responsibilities; requiring that a youth who exits the
 1156         program attain an industry certification or
 1157         occupational completion points, enroll in a program to
 1158         complete the industry certification, be gainfully
 1159         employed, or enroll in and continue his or her
 1160         education based on a transition plan; requiring that
 1161         an education transition plan component be incorporated
 1162         in a youth’s transition plan; requiring that each
 1163         juvenile justice education program develop the
 1164         education transition plan component during the course
 1165         of the youth’s stay in a juvenile justice residential
 1166         or nonresidential program; prohibiting a district
 1167         school board from being charged rent, maintenance,
 1168         utilities, or overhead on facilities; requiring that
 1169         the Department of Juvenile Justice provide
 1170         maintenance, repairs, and remodeling of existing
 1171         facilities; requiring that the State Board of
 1172         Education collaborate with the Department of Juvenile
 1173         Justice, the Department of Economic Opportunity,
 1174         school districts, and private providers to adopt
 1175         rules; amending s. 1003.52, F.S.; deleting provisions
 1176         relating to educational services in Department of
 1177         Juvenile Justice programs to conform to changes made
 1178         by the act; amending s. 1009.25, F.S.; providing an
 1179         exemption from the payment of postsecondary education
 1180         fees and tuition for certain youth who are ordered by
 1181         a court to participate in a juvenile justice
 1182         residential program; amending s. 1010.20, F.S.;
 1183         revising provisions relating to expenditure
 1184         requirements for juvenile justice programs; amending
 1185         s. 1011.62, F.S.; extending dates relating to the
 1186         funding of students who are enrolled in juvenile
 1187         justice education programs or in education programs
 1188         for juveniles placed in secure facilities; conforming
 1189         a cross-reference; providing an effective date.