Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1406
       
       
       
       
       
       
                                Barcode 742608                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/18/2013           .                                
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       The Committee on Criminal Justice (Bradley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 985.622, Florida Statutes, is amended to
    6  read:
    7         985.622 Multiagency plan for career vocational education.—
    8         (1) The Department of Juvenile Justice and the Department
    9  of Education shall, in consultation with the statewide Workforce
   10  Development Youth Council, school districts, providers, and
   11  others, jointly develop a multiagency plan for career vocational
   12  education that establishes the curriculum, goals, and outcome
   13  measures for career vocational programs in juvenile justice
   14  education programs commitment facilities. The plan must include:
   15         (a) Provisions for maximizing appropriate state and federal
   16  funding sources, including funds under the Workforce Investment
   17  Act and the Perkins Act.;
   18         (b) Provisions for eliminating barriers to increasing
   19  occupation-specific job training and high school equivalency
   20  examination preparation opportunities.
   21         (c)(b) The responsibilities of both departments and all
   22  other appropriate entities.; and
   23         (d)(c) A detailed implementation schedule.
   24         (2) The plan must define career vocational programming that
   25  is appropriate based upon:
   26         (a) The age and assessed educational abilities and goals of
   27  the student youth to be served; and
   28         (b) The typical length of stay and custody characteristics
   29  at the juvenile justice education commitment program to which
   30  each student youth is assigned.
   31         (3) The plan must include a definition of career vocational
   32  programming that includes the following classifications of
   33  juvenile justice education programs commitment facilities that
   34  will offer career vocational programming by one of the following
   35  types:
   36         (a) Type A.—Programs that teach personal accountability
   37  skills and behaviors that are appropriate for students youth in
   38  all age groups and ability levels and that lead to work habits
   39  that help maintain employment and living standards.
   40         (b) Type B.—Programs that include Type A program content
   41  and an orientation to the broad scope of career choices, based
   42  upon personal abilities, aptitudes, and interests. Exploring and
   43  gaining knowledge of occupation options and the level of effort
   44  required to achieve them are essential prerequisites to skill
   45  training.
   46         (c) Type C.—Programs that include Type A program content
   47  and the career vocational competencies or the prerequisites
   48  needed for entry into a specific occupation.
   49         (4) The plan must also address strategies to facilitate
   50  involvement of business and industry in the design, delivery,
   51  and evaluation of career vocational programming in juvenile
   52  justice education commitment facilities and conditional release
   53  programs, including apprenticeship and work experience programs,
   54  mentoring and job shadowing, and other strategies that lead to
   55  postrelease employment. Incentives for business involvement,
   56  such as tax breaks, bonding, and liability limits should be
   57  investigated, implemented where appropriate, or recommended to
   58  the Legislature for consideration.
   59         (5) The plan must also evaluate the effect of students’
   60  mobility between juvenile justice education programs and school
   61  districts on the students’ educational outcomes and whether the
   62  continuity of the students’ education can be better addressed
   63  through virtual education.
   64         (6)(5) The Department of Juvenile Justice and the
   65  Department of Education shall each align its respective agency
   66  policies, practices, technical manuals, contracts, quality
   67  assurance standards, performance-based-budgeting measures, and
   68  outcome measures with the plan in juvenile justice education
   69  programs commitment facilities by July 31, 2014 2001. Each
   70  agency shall provide a report on the implementation of this
   71  section to the Governor, the President of the Senate, and the
   72  Speaker of the House of Representatives by August 31, 2014 2001.
   73         (7)(6) All provider contracts executed by the Department of
   74  Juvenile Justice or the school districts after January 1, 2015
   75  2002, must be aligned with the plan.
   76         (8)(7) The planning and execution of quality assurance
   77  reviews conducted by the Department of Education or the
   78  Department of Juvenile Justice after August 1, 2014 2002, must
   79  be aligned with the plan.
   80         (9)(8) Outcome measures reported by the Department of
   81  Juvenile Justice and the Department of Education for students
   82  youth released on or after January 1, 2015 2002, should include
   83  outcome measures that conform to the plan.
   84         Section 2. Subsections (1) and (3) of section 985.632,
   85  Florida Statutes, are amended to read:
   86         985.632 Quality assurance and cost-effectiveness.—
   87         (1) The department shall:
   88         (a) Provide cost and effectiveness information on programs
   89  and program activities in order to compare, improve, or
   90  eliminate a program or program activity if necessary.
   91         (b) Provide program and program activity cost and
   92  effectiveness data to the Legislature in order for resources to
   93  be allocated for achieving desired performance outcomes.
   94         (c) Provide information to the public concerning program
   95  and program activity cost and effectiveness.
   96         (d) Implement a system of accountability in order to
   97  provide the best and most appropriate programs and activities to
   98  meet client needs.
   99         (e) Continue to improve service delivery. It is the intent
  100  of the Legislature that the department:
  101         (a) Ensure that information be provided to decisionmakers
  102  in a timely manner so that resources are allocated to programs
  103  of the department which achieve desired performance levels.
  104         (b) Provide information about the cost of such programs and
  105  their differential effectiveness so that the quality of such
  106  programs can be compared and improvements made continually.
  107         (c) Provide information to aid in developing related policy
  108  issues and concerns.
  109         (d) Provide information to the public about the
  110  effectiveness of such programs in meeting established goals and
  111  objectives.
  112         (e) Provide a basis for a system of accountability so that
  113  each client is afforded the best programs to meet his or her
  114  needs.
  115         (f) Improve service delivery to clients.
  116         (g) Modify or eliminate activities that are not effective.
  117         (3) By March 1st of each year, the department, in
  118  consultation with the Department of Education, shall publish a
  119  report on program costs and effectiveness. The report shall
  120  include uniform cost data for each program operated by the
  121  department or by providers under contract with the department.
  122  The Department of Education shall provide the cost data on each
  123  education program operated by a school district or a provider
  124  under contract with a school district. Cost data shall be
  125  formatted and presented in a manner approved by the Legislature.
  126  The report shall also include data on student learning gains, as
  127  provided by the Department of Education, for all juvenile
  128  justice education programs as required under s. 1003.52(3)(b),
  129  information required under s. 1003.52(17) and (21), the cost
  130  effectiveness of each program offered, and recommendations for
  131  modification or elimination of programs or program activities
  132  The department shall annually collect and report cost data for
  133  every program operated or contracted by the department. The cost
  134  data shall conform to a format approved by the department and
  135  the Legislature. Uniform cost data shall be reported and
  136  collected for state-operated and contracted programs so that
  137  comparisons can be made among programs. The department shall
  138  ensure that there is accurate cost accounting for state-operated
  139  services including market-equivalent rent and other shared cost.
  140  The cost of the educational program provided to a residential
  141  facility shall be reported and included in the cost of a
  142  program. The department shall submit an annual cost report to
  143  the President of the Senate, the Speaker of the House of
  144  Representatives, the Minority Leader of each house of the
  145  Legislature, the appropriate substantive and fiscal committees
  146  of each house of the Legislature, and the Governor, no later
  147  than December 1 of each year. Cost-benefit analysis for
  148  educational programs will be developed and implemented in
  149  collaboration with and in cooperation with the Department of
  150  Education, local providers, and local school districts. Cost
  151  data for the report shall include data collected by the
  152  Department of Education for the purposes of preparing the annual
  153  report required by s. 1003.52(19).
  154         Section 3. Section 1001.31, Florida Statutes, is amended to
  155  read:
  156         1001.31 Scope of district system.—A district school system
  157  shall include all public schools, classes, and courses of
  158  instruction and all services and activities directly related to
  159  education in that district which are under the direction of the
  160  district school officials. A district school system may also
  161  include alternative site schools for disruptive or violent
  162  students youth. Such schools for disruptive or violent students
  163  youth may be funded by each district or provided through
  164  cooperative programs administered by a consortium of school
  165  districts, private providers, state and local law enforcement
  166  agencies, and the Department of Juvenile Justice. Pursuant to
  167  cooperative agreement, a district school system shall provide
  168  instructional personnel at juvenile justice facilities of 50 or
  169  more beds or slots with access to the district school system
  170  database for the purpose of accessing student academic,
  171  immunization, and registration records for students assigned to
  172  the programs. Such access shall be in the same manner as
  173  provided to other schools in the district.
  174         Section 4. Section 1003.51, Florida Statutes, is amended to
  175  read:
  176         1003.51 Other public educational services.—
  177         (1) The general control of other public educational
  178  services shall be vested in the State Board of Education except
  179  as provided in this section herein. The State Board of Education
  180  shall, at the request of the Department of Children and Families
  181  Family Services and the Department of Juvenile Justice, advise
  182  as to standards and requirements relating to education to be met
  183  in all state schools or institutions under their control which
  184  provide educational programs. The Department of Education shall
  185  provide supervisory services for the educational programs of all
  186  such schools or institutions. The direct control of any of these
  187  services provided as part of the district program of education
  188  shall rest with the district school board. These services shall
  189  be supported out of state, district, federal, or other lawful
  190  funds, depending on the requirements of the services being
  191  supported.
  192         (2) The State Board of Education shall adopt rules and
  193  maintain an administrative rule articulating expectations for
  194  effective education programs for students youth in Department of
  195  Juvenile Justice programs, including, but not limited to,
  196  education programs in juvenile justice prevention, day
  197  treatment, residential, commitment and detention facilities. The
  198  rules rule shall establish articulate policies and standards for
  199  education programs for students youth in Department of Juvenile
  200  Justice programs and shall include the following:
  201         (a) The interagency collaborative process needed to ensure
  202  effective programs with measurable results.
  203         (b) The responsibilities of the Department of Education,
  204  the Department of Juvenile Justice, Workforce Florida, Inc.,
  205  district school boards, and providers of education services to
  206  students youth in Department of Juvenile Justice programs.
  207         (c) Academic expectations.
  208         (d) Career and technical expectations.
  209         (e) Education transition planning and services.
  210         (f)(d) Service delivery options available to district
  211  school boards, including direct service and contracting.
  212         (g)(e) Assessment procedures, which:
  213         1. Include appropriate academic and career assessments
  214  administered at program entry and exit that are selected by the
  215  Department of Education in partnership with representatives from
  216  the Department of Juvenile Justice, district school boards, and
  217  education providers.
  218         2. Require district school boards to be responsible for
  219  ensuring the completion of the assessment process.
  220         3. Require assessments for students in detention who will
  221  move on to commitment facilities, to be designed to create the
  222  foundation for developing the student’s education program in the
  223  assigned commitment facility.
  224         2.4. Require assessments of students in programs sent
  225  directly to commitment facilities to be completed within the
  226  first 10 school days after of the student’s entry into the
  227  program commitment.
  228  
  229  The results of these assessments, together with a portfolio
  230  depicting the student’s academic and career accomplishments,
  231  shall be included in the discharge packet package assembled for
  232  each student youth.
  233         (h)(f) Recommended instructional programs, including, but
  234  not limited to, secondary education, high school equivalency
  235  examination preparation, postsecondary education, career
  236  training, and job preparation.
  237         (i)(g) Funding requirements, which shall include the
  238  requirement that at least 90 percent of the FEFP funds generated
  239  by students in Department of Juvenile Justice programs or in an
  240  education program for juveniles under s. 985.19 be spent on
  241  instructional costs for those students. One hundred percent of
  242  the formula-based categorical funds generated by students in
  243  Department of Juvenile Justice programs must be spent on
  244  appropriate categoricals such as instructional materials and
  245  public school technology for those students.
  246         (j)(h) Qualifications of instructional staff, procedures
  247  for the selection of instructional staff, and procedures for to
  248  ensure consistent instruction and qualified staff year round.
  249  Qualifications shall include those for career education
  250  instructors, standardized across the state, and shall be based
  251  on state certification, local school district approval, and
  252  industry-recognized credentials or industry training. Procedures
  253  for the use of noncertified instructional personnel who possess
  254  expert knowledge or experience in their fields of instruction
  255  shall be established.
  256         (k)(i) Transition services, including the roles and
  257  responsibilities of appropriate personnel in the juvenile
  258  justice education program, the school district where the student
  259  will reenter districts, provider organizations, and the
  260  Department of Juvenile Justice.
  261         (l)(j) Procedures and timeframe for transfer of education
  262  records when a student youth enters and leaves a Department of
  263  Juvenile Justice education program facility.
  264         (m)(k) The requirement that each district school board
  265  maintain an academic transcript for each student enrolled in a
  266  juvenile justice education program facility that delineates each
  267  course completed by the student as provided by the State Course
  268  Code Directory.
  269         (n)(l) The requirement that each district school board make
  270  available and transmit a copy of a student’s transcript in the
  271  discharge packet when the student exits a juvenile justice
  272  education program facility.
  273         (o)(m) Contract requirements.
  274         (p)(n) Performance expectations for providers and district
  275  school boards, including student performance measures by type of
  276  program, education program performance ratings, school
  277  improvement, and corrective action plans for low-performing
  278  programs the provision of a progress monitoring plan as required
  279  in s. 1008.25.
  280         (q)(o) The role and responsibility of the district school
  281  board in securing workforce development funds.
  282         (r)(p) A series of graduated sanctions for district school
  283  boards whose educational programs in Department of Juvenile
  284  Justice programs facilities are considered to be unsatisfactory
  285  and for instances in which district school boards fail to meet
  286  standards prescribed by law, rule, or State Board of Education
  287  policy. These sanctions shall include the option of requiring a
  288  district school board to contract with a provider or another
  289  district school board if the educational program at the
  290  Department of Juvenile Justice program is performing below
  291  minimum standards facility has failed a quality assurance review
  292  and, after 6 months, is still performing below minimum
  293  standards.
  294         (s) Curriculum, guidance counseling, transition, and
  295  education services expectations, including curriculum
  296  flexibility for detention centers operated by the Department of
  297  Juvenile Justice.
  298         (t)(q) Other aspects of program operations.
  299         (3) The Department of Education in partnership with the
  300  Department of Juvenile Justice, the district school boards, and
  301  providers shall:
  302         (a) Develop and implement requirements for contracts and
  303  cooperative agreements regarding Maintain model contracts for
  304  the delivery of appropriate education services to students youth
  305  in Department of Juvenile Justice programs to be used for the
  306  development of future contracts. The minimum contract
  307  requirements shall include, but are not limited to, payment
  308  structure and amounts; access to district services; contract
  309  management provisions; data reporting requirements, including
  310  reporting of full-time equivalent student membership;
  311  administration of federal programs such as Title I, exceptional
  312  student education, and the Carl D. Perkins Career and Technical
  313  Education Act of 2006; and model contracts shall reflect the
  314  policy and standards included in subsection (2). The Department
  315  of Education shall ensure that appropriate district school board
  316  personnel are trained and held accountable for the management
  317  and monitoring of contracts for education programs for youth in
  318  juvenile justice residential and nonresidential facilities.
  319         (b) Develop and implement Maintain model procedures for
  320  transitioning students youth into and out of Department of
  321  Juvenile Justice education programs. These procedures shall
  322  reflect the policy and standards adopted pursuant to subsection
  323  (2).
  324         (c) Maintain standardized required content of education
  325  records to be included as part of a student’s youth’s commitment
  326  record and procedures for securing the student’s records. The
  327  education records These requirements shall reflect the policy
  328  and standards adopted pursuant to subsection (2) and shall
  329  include, but not be limited to, the following:
  330         1. A copy of the student’s individual educational plan.
  331         2. A copy of the student’s individualized progress
  332  monitoring plan.
  333         3. A copy of the student’s individualized transition plan.
  334         4.2. Assessment data, including grade level proficiency in
  335  reading, writing, and mathematics, and performance on tests
  336  taken according to s. 1008.22.
  337         5.3. A copy of the student’s permanent cumulative record.
  338         6.4. A copy of the student’s academic transcript.
  339         7.5. A portfolio reflecting the student’s youth’s academic
  340  and career and technical accomplishments, when age appropriate,
  341  while in the Department of Juvenile Justice program.
  342         (d) Establish Maintain model procedures for securing the
  343  education record and the roles and responsibilities of the
  344  juvenile probation officer and others involved in the withdrawal
  345  of the student from school and assignment to a juvenile justice
  346  education program commitment or detention facility. District
  347  school boards shall respond to requests for student education
  348  records received from another district school board or a
  349  juvenile justice facility within 5 working days after receiving
  350  the request.
  351         (4) Each The Department of Education shall ensure that
  352  district school board shall: boards
  353         (a) Notify students in juvenile justice education programs
  354  residential or nonresidential facilities who attain the age of
  355  16 years of the provisions of law regarding compulsory school
  356  attendance and make available the option of enrolling in a
  357  program to attain a Florida high school diploma by taking the
  358  high school equivalency examination before General Educational
  359  Development test prior to release from the program facility.
  360  District school boards or Florida College System institutions,
  361  or both, shall waive GED testing fees for youth in Department of
  362  Juvenile Justice residential programs and shall, upon request,
  363  designate schools operating for the purpose of providing
  364  educational services to students youth in Department of Juvenile
  365  Justice programs. The Department of Education shall assist
  366  juvenile justice education programs with becoming high school
  367  equivalency examination centers as GED testing centers, subject
  368  to GED testing center requirements. The administrative fees for
  369  the General Educational Development test required by the
  370  Department of Education are the responsibility of district
  371  school boards and may be required of providers by contractual
  372  agreement.
  373         (b) Respond to requests for student education records
  374  received from another district school board or a juvenile
  375  justice education program within 5 working days after receiving
  376  the request.
  377         (c) Provide access to courses offered pursuant to ss.
  378  1002.37, 1002.45, and 1003.498. School districts and providers
  379  may enter into cooperative agreements for the provision of
  380  curriculum associated with courses offered pursuant to s.
  381  1003.498 to enable providers to offer such courses.
  382         (d) Complete the assessment process required by subsection
  383  (2).
  384         (e) Monitor compliance with contracts for education
  385  programs for students in juvenile justice prevention, day
  386  treatment, residential, and detention programs.
  387         (5) The Department of Education shall establish and
  388  operate, either directly or indirectly through a contract, a
  389  mechanism to provide accountability measures that annually
  390  assesses and evaluates all juvenile justice education programs
  391  using student performance data and program performance ratings
  392  by type of program quality assurance reviews of all juvenile
  393  justice education programs and shall provide technical
  394  assistance and related research to district school boards and
  395  juvenile justice education providers on how to establish,
  396  develop, and operate educational programs that exceed the
  397  minimum quality assurance standards. The Department of
  398  Education, with input from the Department of Juvenile Justice,
  399  school districts, and education providers, shall develop annual
  400  recommendations for system and school improvement.
  401         Section 5. Section 1003.52, Florida Statutes, is amended to
  402  read:
  403         1003.52 Educational services in Department of Juvenile
  404  Justice programs.—
  405         (1) The Legislature finds that education is the single most
  406  important factor in the rehabilitation of adjudicated delinquent
  407  youth in the custody of Department of Juvenile Justice programs.
  408  It is the goal of the Legislature that youth in the juvenile
  409  justice system continue to be allowed the opportunity to obtain
  410  a high quality education. The Department of Education shall
  411  serve as the lead agency for juvenile justice education
  412  programs, curriculum, support services, and resources. To this
  413  end, the Department of Education and the Department of Juvenile
  414  Justice shall each designate a Coordinator for Juvenile Justice
  415  Education Programs to serve as the point of contact for
  416  resolving issues not addressed by district school boards and to
  417  provide each department’s participation in the following
  418  activities:
  419         (a) Training, collaborating, and coordinating with the
  420  Department of Juvenile Justice, district school boards, local
  421  workforce boards and youth councils, educational contract
  422  providers, and juvenile justice providers, whether state
  423  operated or contracted.
  424         (b) Collecting information on the academic, career
  425  education, and transition performance of students in juvenile
  426  justice programs and reporting on the results.
  427         (c) Developing academic and career education protocols that
  428  provide guidance to district school boards and juvenile justice
  429  education providers in all aspects of education programming,
  430  including records transfer and transition.
  431         (d) Implementing a joint accountability, program
  432  performance, and program improvement process Prescribing the
  433  roles of program personnel and interdepartmental district school
  434  board or provider collaboration strategies.
  435  
  436  Annually, a cooperative agreement and plan for juvenile justice
  437  education service enhancement shall be developed between the
  438  Department of Juvenile Justice and the Department of Education
  439  and submitted to the Secretary of Juvenile Justice and the
  440  Commissioner of Education by June 30. The plan shall include, at
  441  a minimum, each agency’s role regarding educational program
  442  accountability, technical assistance, training, and coordination
  443  of services.
  444         (2) Students participating in Department of Juvenile
  445  Justice programs pursuant to chapter 985 which are sponsored by
  446  a community-based agency or are operated or contracted for by
  447  the Department of Juvenile Justice shall receive education
  448  educational programs according to rules of the State Board of
  449  Education. These students shall be eligible for services
  450  afforded to students enrolled in programs pursuant to s. 1003.53
  451  and all corresponding State Board of Education rules.
  452         (3) The district school board of the county in which the
  453  juvenile justice education prevention, day treatment,
  454  residential, or detention program residential or nonresidential
  455  care facility or juvenile assessment facility is located shall
  456  provide or contract for appropriate educational assessments and
  457  an appropriate program of instruction and special education
  458  services.
  459         (a) The district school board shall make provisions for
  460  each student to participate in basic, career education, and
  461  exceptional student programs as appropriate. Students served in
  462  Department of Juvenile Justice programs shall have access to the
  463  appropriate courses and instruction to prepare them for the high
  464  school equivalency examination GED test. Students participating
  465  in high school equivalency examination GED preparation programs
  466  shall be funded at the basic program cost factor for Department
  467  of Juvenile Justice programs in the Florida Education Finance
  468  Program. Each program shall be conducted according to applicable
  469  law providing for the operation of public schools and rules of
  470  the State Board of Education. School districts shall provide the
  471  high school equivalency examination GED exit option for all
  472  juvenile justice programs.
  473         (b) By October 1, 2004, The Department of Education, with
  474  the assistance of the school districts and juvenile justice
  475  education providers, shall select a common student assessment
  476  instrument and protocol for measuring student learning gains and
  477  student progression while a student is in a juvenile justice
  478  education program. The assessment instrument and protocol must
  479  be implemented in all juvenile justice education programs in
  480  this state by January 1, 2005.
  481         (4) Educational services shall be provided at times of the
  482  day most appropriate for the juvenile justice program. School
  483  programming in juvenile justice detention, prevention, day
  484  treatment, and residential commitment, and rehabilitation
  485  programs shall be made available by the local school district
  486  during the juvenile justice school year, as provided defined in
  487  s. 1003.01(11). In addition, students in juvenile justice
  488  education programs shall have access to courses offered pursuant
  489  to ss. 1002.37, 1002.45, and 1003.498 Florida Virtual School
  490  courses. The Department of Education and the school districts
  491  shall adopt policies necessary to provide ensure such access.
  492         (5) The educational program shall provide instruction based
  493  on each student’s individualized transition plan, assessed
  494  educational needs, and the education programs available in the
  495  school district to which the student will return. Depending on
  496  the student’s needs, educational programming may consist of
  497  remedial courses, consist of appropriate basic academic courses
  498  required for grade advancement, career education courses, high
  499  school equivalency examination preparation, or exceptional
  500  student education curricula and related services which support
  501  the transition treatment goals and reentry and which may lead to
  502  completion of the requirements for receipt of a high school
  503  diploma or its equivalent. Prevention and day treatment juvenile
  504  justice education programs, at a minimum, shall provide career
  505  readiness and exploration opportunities as well as truancy and
  506  dropout prevention intervention services. Residential juvenile
  507  justice education programs with a contracted minimum length of
  508  stay of 9 months shall provide career education courses that
  509  lead to preapprentice certifications, industry certifications,
  510  occupational completion points, or work-related certifications.
  511  Residential programs with contracted lengths of stay of less
  512  than 9 months may provide career education courses that lead to
  513  preapprentice certifications, industry certifications,
  514  occupational completion points, or work-related certifications.
  515  If the duration of a program is less than 40 days, the
  516  educational component may be limited to tutorial remediation
  517  activities, and career employability skills instruction,
  518  education counseling, and transition services that prepare
  519  students for a return to school, the community, and their home
  520  settings based on the students’ needs.
  521         (6) Participation in the program by students of compulsory
  522  school-attendance age as provided for in s. 1003.21 shall be
  523  mandatory. All students of noncompulsory school-attendance age
  524  who have not received a high school diploma or its equivalent
  525  shall participate in the educational program, unless the student
  526  files a formal declaration of his or her intent to terminate
  527  school enrollment as described in s. 1003.21 and is afforded the
  528  opportunity to take the general educational development test and
  529  attain a Florida high school diploma before prior to release
  530  from a juvenile justice education program facility. A student
  531  youth who has received a high school diploma or its equivalent
  532  and is not employed shall participate in workforce development
  533  or other career or technical education or Florida College System
  534  institution or university courses while in the program, subject
  535  to available funding.
  536         (7) An individualized A progress monitoring plan shall be
  537  developed for all students not classified as exceptional
  538  education students upon entry into a juvenile justice education
  539  program and upon reentry into the school district who score
  540  below the level specified in district school board policy in
  541  reading, writing, and mathematics or below the level specified
  542  by the Commissioner of Education on statewide assessments as
  543  required by s. 1008.25. These plans shall address academic,
  544  literacy, and career and technical life skills and shall include
  545  provisions for intensive remedial instruction in the areas of
  546  weakness.
  547         (8) Each district school board shall maintain an academic
  548  record for each student enrolled in a juvenile justice program
  549  facility as prescribed by s. 1003.51. Such record shall
  550  delineate each course completed by the student according to
  551  procedures in the State Course Code Directory. The district
  552  school board shall include a copy of a student’s academic record
  553  in the discharge packet when the student exits the program
  554  facility.
  555         (9) Each The Department of Education shall ensure that all
  556  district school board shall boards make provisions for high
  557  school level students youth to earn credits toward high school
  558  graduation while in residential and nonresidential juvenile
  559  justice programs facilities. Provisions must be made for the
  560  transfer of credits and partial credits earned.
  561         (10) School districts and juvenile justice education
  562  providers shall develop individualized transition plans during
  563  the course of a student’s stay in a juvenile justice education
  564  program to coordinate academic, career and technical, and
  565  secondary and postsecondary services that assist the student in
  566  successful community reintegration upon release. Development of
  567  the transition plan shall be a collaboration of the personnel in
  568  the juvenile justice education program, reentry personnel,
  569  personnel from the school district to which the student will
  570  return, the student, the student’s family, and the Department of
  571  Juvenile Justice personnel for committed students.
  572         (a) Transition planning must begin upon a student’s
  573  placement in the program. The transition plan must include, at a
  574  minimum:
  575         1. Services and interventions that address the student’s
  576  assessed educational needs and postrelease education plans.
  577         2. Services to be provided during the program stay and
  578  services to be implemented upon release, including, but not
  579  limited to, continuing education in secondary school, career and
  580  technical programs, postsecondary education, or employment,
  581  based on the student’s needs.
  582         3. Specific monitoring responsibilities of individuals who
  583  are responsible for reintegration to determine whether the
  584  individualized transition plan is being implemented and if the
  585  student is being provided access to support services that will
  586  sustain the student’s success. Individuals who are responsible
  587  for reintegration shall coordinate such activities.
  588         (b) For the purpose of transition planning and reentry
  589  services, representatives from the school district and the one
  590  stop center where the student will return shall participate as
  591  members of the local Department of Juvenile Justice reentry
  592  teams. The school district, upon return of a student from a
  593  juvenile justice education program, must consider the individual
  594  needs and circumstances of the student and the transition plan
  595  recommendations when reenrolling a student in a public school. A
  596  local school district may not maintain a standardized policy for
  597  all students returning from a juvenile justice program but shall
  598  place students based on their needs and their performance in the
  599  program.
  600         (c) The Department of Education and the Department of
  601  Juvenile Justice shall provide oversight and guidance to school
  602  districts, education providers, and reentry personnel on how to
  603  implement effective educational transition planning and
  604  services.
  605         (11)(10) The district school board shall recruit and train
  606  teachers who are interested, qualified, or experienced in
  607  educating students in juvenile justice programs. Students in
  608  juvenile justice programs shall be provided a wide range of
  609  education educational programs and opportunities, including
  610  textbooks, access to technology, instructional support, and
  611  other resources commensurate with resources provided available
  612  to students in public schools If the district school board
  613  operates a juvenile justice education program at a juvenile
  614  justice facility, the district school board, in consultation
  615  with the director of the juvenile justice facility, shall select
  616  the instructional personnel assigned to that program. The
  617  Secretary of Juvenile Justice or the director of a juvenile
  618  justice program may request that the performance of a teacher
  619  assigned by the district to a juvenile justice education program
  620  be reviewed by the district and that the teacher be reassigned
  621  based upon an evaluation conducted pursuant to s. 1012.34 or for
  622  inappropriate behavior Teachers assigned to educational programs
  623  in juvenile justice settings in which the district school board
  624  operates the educational program shall be selected by the
  625  district school board in consultation with the director of the
  626  juvenile justice facility. Educational programs in Juvenile
  627  justice education programs facilities shall have access to the
  628  substitute teacher pool used utilized by the district school
  629  board.
  630         (12)(11) District school boards may contract with a private
  631  provider for the provision of education educational programs to
  632  students youths placed with the Department of Juvenile Justice
  633  and shall generate local, state, and federal funding, including
  634  funding through the Florida Education Finance Program for such
  635  students. The district school board’s planning and budgeting
  636  process shall include the needs of Department of Juvenile
  637  Justice programs in the district school board’s plan for
  638  expenditures for state categorical and federal funds.
  639         (13)(12)(a) Funding for eligible students enrolled in
  640  juvenile justice education programs shall be provided through
  641  the Florida Education Finance Program as provided in s. 1011.62
  642  and the General Appropriations Act. Funding shall include, at a
  643  minimum:
  644         1. Weighted program funding or the basic amount for current
  645  operation multiplied by the district cost differential as
  646  provided in s. 1011.62(1)(s) 1011.62(1)(r) and (2);
  647         2. The supplemental allocation for juvenile justice
  648  education as provided in s. 1011.62(10);
  649         3. A proportionate share of the district’s exceptional
  650  student education guaranteed allocation, the supplemental
  651  academic instruction allocation, and the instructional materials
  652  allocation;
  653         4. An amount equivalent to the proportionate share of the
  654  state average potential discretionary local effort for
  655  operations, which shall be determined as follows:
  656         a. If the district levies the maximum discretionary local
  657  effort and the district’s discretionary local effort per FTE is
  658  less than the state average potential discretionary local effort
  659  per FTE, the proportionate share shall include both the
  660  discretionary local effort and the compression supplement per
  661  FTE. If the district’s discretionary local effort per FTE is
  662  greater than the state average per FTE, the proportionate share
  663  shall be equal to the state average; or
  664         b. If the district does not levy the maximum discretionary
  665  local effort and the district’s actual discretionary local
  666  effort per FTE is less than the state average potential
  667  discretionary local effort per FTE, the proportionate share
  668  shall be equal to the district’s actual discretionary local
  669  effort per FTE. If the district’s actual discretionary local
  670  effort per FTE is greater than the state average per FTE, the
  671  proportionate share shall be equal to the state average
  672  potential local effort per FTE; and
  673         5. A proportionate share of the district’s proration to
  674  funds available, if necessary.
  675         (b) Juvenile justice education educational programs to
  676  receive the appropriate FEFP funding for Department of Juvenile
  677  Justice programs shall include those operated through a contract
  678  with the Department of Juvenile Justice and which are under
  679  purview of the Department of Juvenile Justice quality assurance
  680  standards for education.
  681         (c) Consistent with the rules of the State Board of
  682  Education, district school boards are required to request an
  683  alternative FTE survey for Department of Juvenile Justice
  684  programs experiencing fluctuations in student enrollment.
  685         (d) FTE count periods shall be prescribed in rules of the
  686  State Board of Education and shall be the same for programs of
  687  the Department of Juvenile Justice as for other public school
  688  programs. The summer school period for students in Department of
  689  Juvenile Justice programs shall begin on the day immediately
  690  following the end of the regular school year and end on the day
  691  immediately preceding the subsequent regular school year.
  692  Students shall be funded for no more than 25 hours per week of
  693  direct instruction.
  694         (e) Each juvenile justice education program must receive
  695  all federal funds for which the program is eligible.
  696         (14)(13) Each district school board shall negotiate a
  697  cooperative agreement with the Department of Juvenile Justice on
  698  the delivery of educational services to students youths under
  699  the jurisdiction of the Department of Juvenile Justice. Such
  700  agreement must include, but is not limited to:
  701         (a) Roles and responsibilities of each agency, including
  702  the roles and responsibilities of contract providers.
  703         (b) Administrative issues including procedures for sharing
  704  information.
  705         (c) Allocation of resources including maximization of
  706  local, state, and federal funding.
  707         (d) Procedures for educational evaluation for educational
  708  exceptionalities and special needs.
  709         (e) Curriculum and delivery of instruction.
  710         (f) Classroom management procedures and attendance
  711  policies.
  712         (g) Procedures for provision of qualified instructional
  713  personnel, whether supplied by the district school board or
  714  provided under contract by the provider, and for performance of
  715  duties while in a juvenile justice setting.
  716         (h) Provisions for improving skills in teaching and working
  717  with students referred to juvenile justice programs delinquents.
  718         (i) Transition plans for students moving into and out of
  719  juvenile programs facilities.
  720         (j) Procedures and timelines for the timely documentation
  721  of credits earned and transfer of student records.
  722         (k) Methods and procedures for dispute resolution.
  723         (l) Provisions for ensuring the safety of education
  724  personnel and support for the agreed-upon education program.
  725         (m) Strategies for correcting any deficiencies found
  726  through the accountability and evaluation system and student
  727  performance measures quality assurance process.
  728         (15)(14) Nothing in this section or in a cooperative
  729  agreement requires shall be construed to require the district
  730  school board to provide more services than can be supported by
  731  the funds generated by students in the juvenile justice
  732  programs.
  733         (16)(15)(a) The Department of Education, in consultation
  734  with the Department of Juvenile Justice, district school boards,
  735  and providers, shall adopt rules establishing: establish
  736         (a) Objective and measurable student performance measures
  737  to evaluate a student’s educational progress while participating
  738  in a prevention, day treatment, or residential program. The
  739  student performance measures must be based on appropriate
  740  outcomes for all students in juvenile justice education
  741  programs, taking into consideration the student’s length of stay
  742  in the program. Performance measures shall include outcomes that
  743  relate to student achievement of career education goals,
  744  acquisition of employability skills, receipt of a high school
  745  diploma, and grade advancement.
  746         (b) A performance rating system to be used by the
  747  Department of Education to evaluate quality assurance standards
  748  for the delivery of educational services within each of the
  749  juvenile justice programs. The performance rating shall be
  750  primarily based on data regarding student performance as
  751  described in paragraph (a) component of residential and
  752  nonresidential juvenile justice facilities.
  753         (c) The timeframes, procedures, and resources to be used to
  754  improve a low-rated educational program or to terminate or
  755  reassign the program These standards shall rate the district
  756  school board’s performance both as a provider and contractor.
  757  The quality assurance rating for the educational component shall
  758  be disaggregated from the overall quality assurance score and
  759  reported separately.
  760         (d)(b)The Department of Education shall develop A
  761  comprehensive accountability and program improvement quality
  762  assurance review process in partnership with the Department of
  763  Juvenile Justice. The accountability and program improvement
  764  process shall be based on student performance measures by type
  765  of program and shall rate education program performance. The
  766  accountability system shall identify and recognize high
  767  performing education programs. The Department of Education, in
  768  partnership with the Department of Juvenile Justice, shall also
  769  identify low-performing programs. Low-performing education
  770  programs shall receive an onsite program evaluation from the
  771  Department of Juvenile Justice. School improvement, technical
  772  assistance, or the reassignment of the program shall be based,
  773  in part, on the results of the program evaluation. Through a
  774  corrective action process, low-performing programs must
  775  demonstrate improvement or reassign the program and schedule for
  776  the evaluation of the educational component in juvenile justice
  777  programs. The Department of Juvenile Justice quality assurance
  778  site visit and the education quality assurance site visit shall
  779  be conducted during the same visit.
  780         (c) The Department of Education, in consultation with
  781  district school boards and providers, shall establish minimum
  782  thresholds for the standards and key indicators for educational
  783  programs in juvenile justice facilities. If a district school
  784  board fails to meet the established minimum standards, it will
  785  be given 6 months to achieve compliance with the standards. If
  786  after 6 months, the district school board’s performance is still
  787  below minimum standards, the Department of Education shall
  788  exercise sanctions as prescribed by rules adopted by the State
  789  Board of Education. If a provider, under contract with the
  790  district school board, fails to meet minimum standards, such
  791  failure shall cause the district school board to cancel the
  792  provider’s contract unless the provider achieves compliance
  793  within 6 months or unless there are documented extenuating
  794  circumstances.
  795         (d) The requirements in paragraphs (a), (b), and (c) shall
  796  be implemented to the extent that funds are available.
  797         (17) The department, in collaboration with the Department
  798  of Juvenile Justice, shall monitor and report on the educational
  799  performance of students in commitment, day treatment,
  800  prevention, and detention programs. The report by the Department
  801  of Education must include, at a minimum, the number and
  802  percentage of students who:
  803         (a) Return to an alternative school, middle school, or high
  804  school upon release and the attendance rate of such students
  805  before and after participation in juvenile justice education
  806  programs.
  807         (b) Receive a standard high school diploma or a high school
  808  equivalency diploma.
  809         (c) Receive industry certification.
  810         (d) Receive occupational completion points.
  811         (e) Enroll in a postsecondary educational institution.
  812         (f) Complete a juvenile justice education program without
  813  reoffending.
  814         (g) Reoffend within 1 year after completion of a day
  815  treatment or residential commitment program.
  816         (h) Remain employed 1 year after completion of a day
  817  treatment or residential commitment program.
  818  
  819  The results of this report shall be included in the report
  820  required by s. 985.632.
  821         (18)(16) The district school board may shall not be charged
  822  any rent, maintenance, utilities, or overhead on such
  823  facilities. Maintenance, repairs, and remodeling of existing
  824  facilities shall be provided by the Department of Juvenile
  825  Justice.
  826         (19)(17) When additional facilities are required, the
  827  district school board and the Department of Juvenile Justice
  828  shall agree on the appropriate site based on the instructional
  829  needs of the students. When the most appropriate site for
  830  instruction is on district school board property, a special
  831  capital outlay request shall be made by the commissioner in
  832  accordance with s. 1013.60. When the most appropriate site is on
  833  state property, state capital outlay funds shall be requested by
  834  the Department of Juvenile Justice provided by s. 216.043 and
  835  shall be submitted as specified by s. 216.023. Any instructional
  836  facility to be built on state property shall have educational
  837  specifications jointly developed by the district school board
  838  and the Department of Juvenile Justice and approved by the
  839  Department of Education. The size of space and occupant design
  840  capacity criteria as provided by State Board of Education rules
  841  shall be used for remodeling or new construction whether
  842  facilities are provided on state property or district school
  843  board property.
  844         (20)(18) The parent of an exceptional student shall have
  845  the due process rights provided for in this chapter.
  846         (21)(19) The Department of Education and the Department of
  847  Juvenile Justice, after consultation with and assistance from
  848  local providers and district school boards, shall collect data
  849  report annually to the Legislature by February 1 on the progress
  850  toward developing effective education educational programs for
  851  juvenile delinquents, including the amount of funding provided
  852  by district school boards to juvenile justice programs;, the
  853  amount retained for administration, including documenting the
  854  purposes for such expenses;, the status of the development of
  855  cooperative agreements; education program performance, the
  856  results, including the identification of high- and low
  857  performing programs and aggregate student performance results;
  858  of the quality assurance reviews including recommendations for
  859  system improvement;, and information on the identification of,
  860  and services provided to, exceptional students in juvenile
  861  justice programs commitment facilities to determine whether
  862  these students are properly reported for funding and are
  863  appropriately served.
  864         (22)(20) The education educational programs at the Arthur
  865  Dozier School for Boys in Jackson County and the Florida School
  866  for Boys in Okeechobee shall be operated by the Department of
  867  Education, either directly or through grants or contractual
  868  agreements with other public or duly accredited education
  869  agencies approved by the Department of Education.
  870         (23)(21) The State Board of Education shall may adopt any
  871  rules necessary to implement the provisions of this section,
  872  including uniform curriculum, funding, and second chance
  873  schools. Such rules must require the minimum amount of paperwork
  874  and reporting.
  875         (24)(22) The Department of Juvenile Justice and the
  876  Department of Education, in consultation with Workforce Florida,
  877  Inc., the statewide Workforce Development Youth Council,
  878  district school boards, Florida College System institutions,
  879  providers, and others, shall jointly develop a multiagency plan
  880  for career education which describes the funding, curriculum,
  881  transfer of credits, goals, and outcome measures for career
  882  education programming in juvenile commitment facilities,
  883  pursuant to s. 985.622. The plan must be reviewed annually.
  884         Section 6. Paragraph (b) of subsection (18) of section
  885  1001.42, Florida Statutes, is amended to read:
  886         1001.42 Powers and duties of district school board.—The
  887  district school board, acting as a board, shall exercise all
  888  powers and perform all duties listed below:
  889         (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.
  890  Maintain a state system of school improvement and education
  891  accountability as provided by statute and State Board of
  892  Education rule. This system of school improvement and education
  893  accountability shall be consistent with, and implemented
  894  through, the district’s continuing system of planning and
  895  budgeting required by this section and ss. 1008.385, 1010.01,
  896  and 1011.01. This system of school improvement and education
  897  accountability shall comply with the provisions of ss. 1008.33,
  898  1008.34, 1008.345, and 1008.385 and include the following:
  899         (b) Public disclosure.—The district school board shall
  900  provide information regarding the performance of students and
  901  educational programs as required pursuant to ss. 1008.22 and
  902  1008.385 and implement a system of school reports as required by
  903  statute and State Board of Education rule which shall include
  904  schools operating for the purpose of providing educational
  905  services to students youth in Department of Juvenile Justice
  906  programs, and for those schools, report on the elements
  907  specified in s. 1003.52(16) 1003.52(19). Annual public
  908  disclosure reports shall be in an easy-to-read report card
  909  format and shall include the school’s grade, high school
  910  graduation rate calculated without high school equivalency
  911  examinations GED tests, disaggregated by student ethnicity, and
  912  performance data as specified in state board rule.
  913         Section 7. The Division of Law Revision and Information is
  914  requested to prepare a reviser’s bill for introduction at the
  915  next regular session of the Legislature to change the terms
  916  “General Educational Development test” or “GED test” to “high
  917  school equivalency examination” and the terms “general education
  918  diploma,” “graduate equivalency diploma,” or “GED” to “high
  919  school equivalency diploma” wherever those terms appear in the
  920  Florida Statutes.
  921         Section 8. This act shall take effect July 1, 2013.
  922  
  923  ================= T I T L E  A M E N D M E N T ================
  924         And the title is amended as follows:
  925         Delete everything before the enacting clause
  926  and insert:
  927                        A bill to be entitled                      
  928         An act relating to juvenile justice education
  929         programs; amending s. 985.622, F.S.; revising
  930         provisions to be included in the multiagency education
  931         plan for students in juvenile justice education
  932         programs, including virtual education as an option;
  933         amending s. 985.632, F.S.; requiring the Department of
  934         Juvenile Justice to provide cost and effectiveness
  935         information for program and program activities to the
  936         Legislature and the public; deleting legislative
  937         intent language; requiring implementation of an
  938         accountability system to ensure client needs are met;
  939         requiring the department and the Department of
  940         Education to submit an annual report that includes
  941         data on program costs and effectiveness and student
  942         achievement and recommendations for elimination or
  943         modification of programs; amending s. 1001.31, F.S.;
  944         authorizing instructional personnel at all juvenile
  945         justice facilities to access specific student records
  946         at the district; amending s. 1003.51, F.S.; revising
  947         terminology; revising requirements for rules to be
  948         maintained by the State Board of Education; providing
  949         expectations for effective education programs for
  950         students in Department of Juvenile Justice programs;
  951         revising requirements for contract and cooperative
  952         agreements for the delivery of appropriate education
  953         services to students in Department of Juvenile Justice
  954         programs; requiring the Department of Education to
  955         ensure that juvenile justice students who are eligible
  956         have access to high school equivalency testing;
  957         requiring the Department of Education to assist
  958         juvenile justice education programs with becoming high
  959         school equivalency testing centers; revising
  960         requirements for an accountability system that
  961         assesses and evaluates all juvenile justice education
  962         programs; revising requirements of district school
  963         boards; amending s. 1003.52, F.S.; revising
  964         requirements for activities to be coordinated by the
  965         coordinators for juvenile justice education programs;
  966         authorizing contracting for educational assessments;
  967         revising requirements for assessments; authorizing
  968         access to local virtual education courses; requiring
  969         that an education program be based on each student’s
  970         transition plan and assessed educational needs;
  971         providing requirements for prevention and day
  972         treatment juvenile justice education programs;
  973         requiring progress monitoring plans for all students
  974         not classified as exceptional student education
  975         students; revising requirements for such plans;
  976         requiring that the Department of Education, in
  977         partnership with the Department of Juvenile Justice,
  978         ensure that school districts and juvenile justice
  979         education providers develop individualized transition
  980         plans; providing requirements for such plans;
  981         providing that the Secretary of Juvenile Justice or
  982         the director of a juvenile justice program may request
  983         that a school district teacher’s performance be
  984         reviewed by the district and that the teacher be
  985         reassigned in certain circumstances; correcting a
  986         cross-reference; requiring the Department of Education
  987         to establish by rule objective and measurable student
  988         performance measures and program performance ratings;
  989         providing requirements for such ratings; requiring a
  990         comprehensive accountability and program improvement
  991         process; providing requirements for such a process;
  992         deleting provisions for minimum thresholds for the
  993         standards and key indicators for education programs in
  994         juvenile justice facilities; deleting a requirement
  995         for an annual report; requiring data collection;
  996         deleting provisions concerning the Arthur Dozier
  997         School for Boys; requiring rulemaking; amending s.
  998         1001.42, F.S.; revising terminology; revising a cross
  999         reference; providing a directive to the Division of
 1000         Law Revision and Information; providing an effective
 1001         date.