Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 173
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/RE/2R         .                                
             05/02/2014 05:04 PM       .                                

       Senator Bean moved the following:
    1         Senate Amendment (with title amendment)
    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 and professional
    8  education (CAPE) vocational education.—
    9         (1) The Department of Juvenile Justice and the Department
   10  of Education shall, in consultation with the statewide Workforce
   11  Development Youth Council, school districts, providers, and
   12  others, jointly develop a multiagency plan for career and
   13  professional education (CAPE) vocational education that
   14  establishes the curriculum, goals, and outcome measures for CAPE
   15  vocational programs in juvenile justice education programs
   16  commitment facilities. The plan must be reviewed annually,
   17  revised as appropriate, and include:
   18         (a) Provisions for maximizing appropriate state and federal
   19  funding sources, including funds under the Workforce Investment
   20  Act and the Perkins Act.;
   21         (b) Provisions for eliminating barriers to increasing
   22  occupation-specific job training and high school equivalency
   23  examination preparation opportunities.
   24         (c)(b) The responsibilities of both departments and all
   25  other appropriate entities.; and
   26         (d)(c) A detailed implementation schedule.
   27         (2) The plan must define CAPE vocational programming that
   28  is appropriate based upon:
   29         (a) The age and assessed educational abilities and goals of
   30  the student youth to be served; and
   31         (b) The typical length of stay and custody characteristics
   32  at the juvenile justice education commitment program to which
   33  each student youth is assigned.
   34         (3) The plan must include a definition of CAPE vocational
   35  programming that includes the following classifications of
   36  juvenile justice education programs commitment facilities that
   37  will offer CAPE vocational programming by one of the following
   38  types:
   39         (a) Type 1 A.—Programs that teach personal accountability
   40  skills and behaviors that are appropriate for students youth in
   41  all age groups and ability levels and that lead to work habits
   42  that help maintain employment and living standards.
   43         (b) Type 2 B.—Programs that include Type 1 A program
   44  content and an orientation to the broad scope of career choices,
   45  based upon personal abilities, aptitudes, and interests.
   46  Exploring and gaining knowledge of occupation options and the
   47  level of effort required to achieve them are essential
   48  prerequisites to skill training.
   49         (c) Type 3 C.—Programs that include Type 1 A program
   50  content and the vocational competencies or the prerequisites
   51  needed for entry into a specific occupation.
   52         (4) The plan must also address strategies to facilitate
   53  involvement of business and industry in the design, delivery,
   54  and evaluation of CAPE vocational programming in juvenile
   55  justice education commitment facilities and conditional release
   56  programs, including apprenticeship and work experience programs,
   57  mentoring and job shadowing, and other strategies that lead to
   58  postrelease employment. Incentives for business involvement,
   59  such as tax breaks, bonding, and liability limits should be
   60  investigated, implemented where appropriate, or recommended to
   61  the Legislature for consideration.
   62         (5) The plan must also evaluate the effect of students’
   63  mobility between juvenile justice education programs and school
   64  districts on the students’ educational outcomes and whether the
   65  continuity of the students’ education can be better addressed
   66  through virtual education.
   67         (6)(5) The Department of Juvenile Justice and the
   68  Department of Education shall each align its respective agency
   69  policies, practices, technical manuals, contracts, quality
   70  assurance standards, performance-based-budgeting measures, and
   71  outcome measures with the plan in juvenile justice education
   72  programs commitment facilities by July 31, 2015 2001. Each
   73  agency shall provide a report on the implementation of this
   74  section to the Governor, the President of the Senate, and the
   75  Speaker of the House of Representatives by August 31, 2015 2001.
   76         (7)(6) All provider contracts executed by the Department of
   77  Juvenile Justice or the school districts after January 1, 2015
   78  2002, must be aligned with the plan.
   79         (8)(7) The planning and execution of quality assurance
   80  reviews conducted by the Department of Education or the
   81  Department of Juvenile Justice after August 1, 2015 2002, must
   82  be aligned with the plan.
   83         (9)(8) Outcome measures reported by the Department of
   84  Juvenile Justice and the Department of Education for students
   85  youth released on or after January 1, 2016 2002, should include
   86  outcome measures that conform to the plan.
   87         Section 2. Section 1001.31, Florida Statutes, is amended to
   88  read:
   89         1001.31 Scope of district system.—A district school system
   90  shall include all public schools, classes, and courses of
   91  instruction and all services and activities directly related to
   92  education in that district which are under the direction of the
   93  district school officials. A district school system may also
   94  include alternative site schools for disruptive or violent
   95  students youth. Such schools for disruptive or violent students
   96  youth may be funded by each district or provided through
   97  cooperative programs administered by a consortium of school
   98  districts, private providers, state and local law enforcement
   99  agencies, and the Department of Juvenile Justice. Pursuant to
  100  cooperative agreement, a district school system shall provide
  101  instructional personnel at juvenile justice facilities of 50 or
  102  more beds or slots with access to the district school system
  103  database for the purpose of accessing student academic,
  104  immunization, and registration records for students assigned to
  105  the programs. Such access shall be in the same manner as
  106  provided to other schools in the district.
  107         Section 3. Section 1003.51, Florida Statutes, is amended to
  108  read:
  109         1003.51 Other public educational services.—
  110         (1) The general control of other public educational
  111  services shall be vested in the State Board of Education except
  112  as provided in this section herein. The State Board of Education
  113  shall, at the request of the Department of Children and Families
  114  Family Services and the Department of Juvenile Justice, advise
  115  as to standards and requirements relating to education to be met
  116  in all state schools or institutions under their control which
  117  provide educational programs. The Department of Education shall
  118  provide supervisory services for the educational programs of all
  119  such schools or institutions. The direct control of any of these
  120  services provided as part of the district program of education
  121  shall rest with the district school board. These services shall
  122  be supported out of state, district, federal, or other lawful
  123  funds, depending on the requirements of the services being
  124  supported.
  125         (2) The State Board of Education shall adopt rules and
  126  maintain an administrative rule articulating expectations for
  127  effective education programs for students youth in Department of
  128  Juvenile Justice programs, including, but not limited to,
  129  education programs in juvenile justice prevention, day
  130  treatment, residential, commitment and detention programs
  131  facilities. The rule shall establish articulate policies and
  132  standards for education programs for students youth in
  133  Department of Juvenile Justice programs and shall include the
  134  following:
  135         (a) The interagency collaborative process needed to ensure
  136  effective programs with measurable results.
  137         (b) The responsibilities of the Department of Education,
  138  the Department of Juvenile Justice, Workforce Florida, Inc.,
  139  district school boards, and providers of education services to
  140  students youth in Department of Juvenile Justice programs.
  141         (c) Academic expectations.
  142         (d) Career expectations.
  143         (e) Education transition planning and services.
  144         (f)(d) Service delivery options available to district
  145  school boards, including direct service and contracting.
  146         (g)(e) Assessment procedures, which:
  147         1. For prevention, day treatment, and residential programs,
  148  include appropriate academic and career assessments administered
  149  at program entry and exit that are selected by the Department of
  150  Education in partnership with representatives from the
  151  Department of Juvenile Justice, district school boards, and
  152  education providers. Assessments must be completed within the
  153  first 10 school days after a student’s entry into the program.
  154         2. Provide for determination of the areas of academic need
  155  and strategies for appropriate intervention and instruction for
  156  each student in a detention facility within 5 school days after
  157  the student’s entry into the program and administer a research
  158  based assessment that will assist the student in determining his
  159  or her educational and career options and goals within 22 school
  160  days after the student’s entry into the program Require district
  161  school boards to be responsible for ensuring the completion of
  162  the assessment process.
  163         3. Require assessments for students in detention who will
  164  move on to commitment facilities, to be designed to create the
  165  foundation for developing the student’s education program in the
  166  assigned commitment facility.
  167         4. Require assessments of students sent directly to
  168  commitment facilities to be completed within the first 10 school
  169  days of the student’s commitment.
  171  The results of these assessments, together with a portfolio
  172  depicting the student’s academic and career accomplishments,
  173  shall be included in the discharge packet package assembled for
  174  each student youth.
  175         (h)(f) Recommended instructional programs, including, but
  176  not limited to:,
  177         1. Secondary education.
  178         2. High school equivalency examination preparation.
  179         3. Postsecondary education.
  180         4. Career and professional education (CAPE). career
  181  training and
  182         5. Job preparation.
  183         6. Virtual education that:
  184         a. Provides competency-based instruction that addresses the
  185  unique academic needs of the student through delivery by an
  186  entity accredited by AdvanceED or the Southern Association of
  187  Colleges and Schools.
  188         b. Confers certifications and diplomas.
  189         c. Issues credit that articulates with and transcripts that
  190  are recognized by secondary schools.
  191         d. Allows the student to continue to access and progress
  192  through the program once the student leaves the juvenile justice
  193  system.
  194         (i)(g) Funding requirements, which shall include the
  195  requirement that at least 90 percent of the FEFP funds generated
  196  by students in Department of Juvenile Justice programs or in an
  197  education program for juveniles under s. 985.19 be spent on
  198  instructional costs for those students. One hundred percent of
  199  the formula-based categorical funds generated by students in
  200  Department of Juvenile Justice programs must be spent on
  201  appropriate categoricals such as instructional materials and
  202  public school technology for those students.
  203         (j)(h) Qualifications of instructional staff, procedures
  204  for the selection of instructional staff, and procedures for to
  205  ensure consistent instruction and qualified staff year round.
  206  Qualifications shall include those for instructors of CAPE
  207  courses, standardized across the state, and shall be based on
  208  state certification, local school district approval, and
  209  industry-recognized certifications as identified on the Industry
  210  Certification Funding List. Procedures for the use of
  211  noncertified instructional personnel who possess expert
  212  knowledge or experience in their fields of instruction shall be
  213  established.
  214         (k)(i) Transition services, including the roles and
  215  responsibilities of appropriate personnel in the juvenile
  216  justice education program, the school district where the student
  217  will reenter districts, provider organizations, and the
  218  Department of Juvenile Justice.
  219         (l)(j) Procedures and timeframe for transfer of education
  220  records when a student youth enters and leaves a Department of
  221  Juvenile Justice education program facility.
  222         (m)(k) The requirement that each district school board
  223  maintain an academic transcript for each student enrolled in a
  224  juvenile justice education program facility that delineates each
  225  course completed by the student as provided by the State Course
  226  Code Directory.
  227         (n)(l) The requirement that each district school board make
  228  available and transmit a copy of a student’s transcript in the
  229  discharge packet when the student exits a juvenile justice
  230  education program facility.
  231         (o)(m) Contract requirements.
  232         (p)(n) Performance expectations for providers and district
  233  school boards, including student performance measures by type of
  234  program, education program performance ratings, school
  235  improvement, and corrective action plans for low-performing
  236  programs the provision of a progress monitoring plan as required
  237  in s. 1008.25.
  238         (q)(o) The role and responsibility of the district school
  239  board in securing workforce development funds.
  240         (r)(p) A series of graduated sanctions for district school
  241  boards whose educational programs in Department of Juvenile
  242  Justice programs facilities are considered to be unsatisfactory
  243  and for instances in which district school boards fail to meet
  244  standards prescribed by law, rule, or State Board of Education
  245  policy. These sanctions shall include the option of requiring a
  246  district school board to contract with a provider or another
  247  district school board if the educational program at the
  248  Department of Juvenile Justice program is performing below
  249  minimum standards facility has failed a quality assurance review
  250  and, after 6 months, is still performing below minimum
  251  standards.
  252         (s) Curriculum, guidance counseling, transition, and
  253  education services expectations, including curriculum
  254  flexibility for detention centers operated by the Department of
  255  Juvenile Justice.
  256         (t)(q) Other aspects of program operations.
  257         (3) The Department of Education in partnership with the
  258  Department of Juvenile Justice, the district school boards, and
  259  providers shall:
  260         (a) Develop and implement requirements for contracts and
  261  cooperative agreements regarding Maintain model contracts for
  262  the delivery of appropriate education services to students youth
  263  in Department of Juvenile Justice education programs to be used
  264  for the development of future contracts. The minimum contract
  265  requirements shall include, but are not limited to, payment
  266  structure and amounts; access to district services; contract
  267  management provisions; data reporting requirements, including
  268  reporting of full-time equivalent student membership;
  269  administration of federal programs such as Title I, exceptional
  270  student education, and the Carl D. Perkins Career and Technical
  271  Education Act of 2006; and model contracts shall reflect the
  272  policy and standards included in subsection (2). The Department
  273  of Education shall ensure that appropriate district school board
  274  personnel are trained and held accountable for the management
  275  and monitoring of contracts for education programs for youth in
  276  juvenile justice residential and nonresidential facilities.
  277         (b) Develop and implement Maintain model procedures for
  278  transitioning students youth into and out of Department of
  279  Juvenile Justice education programs. These procedures shall
  280  reflect the policy and standards adopted pursuant to subsection
  281  (2).
  282         (c) Maintain standardized required content of education
  283  records to be included as part of a student’s youth’s commitment
  284  record and procedures for securing the student’s records. The
  285  education records These requirements shall reflect the policy
  286  and standards adopted pursuant to subsection (2) and shall
  287  include, but not be limited to, the following:
  288         1. A copy of the student’s individual educational plan.
  289         2. A copy of the student’s individualized progress
  290  monitoring plan.
  291         3. A copy of the student’s individualized transition plan.
  292         4.2. Data on student performance on assessments taken
  293  according to s. 1008.22.
  294         5.3. A copy of the student’s permanent cumulative record.
  295         6.4. A copy of the student’s academic transcript.
  296         7.5. A portfolio reflecting the student’s youth’s academic
  297  accomplishments and industry certification earned, when age
  298  appropriate, while in the Department of Juvenile Justice
  299  program.
  300         (d) Establish Maintain model procedures for securing the
  301  education record and the roles and responsibilities of the
  302  juvenile probation officer and others involved in the withdrawal
  303  of the student from school and assignment to a juvenile justice
  304  education program commitment or detention facility. District
  305  school boards shall respond to requests for student education
  306  records received from another district school board or a
  307  juvenile justice facility within 5 working days after receiving
  308  the request.
  309         (4) Each The Department of Education shall ensure that
  310  district school board shall: boards
  311         (a) Notify students in juvenile justice education programs
  312  residential or nonresidential facilities who attain the age of
  313  16 years of the provisions of law regarding compulsory school
  314  attendance and make available the option of enrolling in an
  315  education a program to attain a Florida high school diploma by
  316  taking the high school equivalency examination before General
  317  Educational Development test prior to release from the program
  318  facility. The Department of Education shall assist juvenile
  319  justice education programs with becoming high school equivalency
  320  examination centers District school boards or Florida College
  321  System institutions, or both, shall waive GED testing fees for
  322  youth in Department of Juvenile Justice residential programs and
  323  shall, upon request, designate schools operating for the purpose
  324  of providing educational services to youth in Department of
  325  Juvenile Justice programs as GED testing centers, subject to GED
  326  testing center requirements. The administrative fees for the
  327  General Educational Development test required by the Department
  328  of Education are the responsibility of district school boards
  329  and may be required of providers by contractual agreement.
  330         (b) Respond to requests for student education records
  331  received from another district school board or a juvenile
  332  justice education program within 5 working days after receiving
  333  the request.
  334         (c) Provide access to courses offered pursuant to ss.
  335  1002.37, 1002.45, and 1003.498. School districts and providers
  336  may enter into cooperative agreements for the provision of
  337  curriculum associated with courses offered pursuant to s.
  338  1003.498 to enable providers to offer such courses.
  339         (d) Complete the assessment process required by subsection
  340  (2).
  341         (e) Monitor compliance with contracts for education
  342  programs for students in juvenile justice prevention, day
  343  treatment, residential, and detention programs.
  344         (5) The Department of Education shall establish and
  345  operate, either directly or indirectly through a contract, a
  346  mechanism to provide accountability measures that annually
  347  assesses and evaluates all juvenile justice education programs
  348  using student performance data and industry certification
  349  completions quality assurance reviews of all juvenile justice
  350  education programs and shall provide technical assistance and
  351  related research to district school boards and juvenile justice
  352  education providers on how to establish, develop, and operate
  353  educational programs that exceed the minimum quality assurance
  354  standards. The Department of Education, with input from the
  355  Department of Juvenile Justice, school districts, and education
  356  providers shall develop annual recommendations for system and
  357  school improvement.
  358         Section 4. Section 1003.52, Florida Statutes, is amended to
  359  read:
  360         1003.52 Educational services in Department of Juvenile
  361  Justice programs.—
  362         (1) The Legislature finds that education is the single most
  363  important factor in the rehabilitation of adjudicated delinquent
  364  youth in the custody of Department of Juvenile Justice programs.
  365  It is the goal of the Legislature that youth in the juvenile
  366  justice system continue to be allowed the opportunity to obtain
  367  a high quality education. The Department of Education shall
  368  serve as the lead agency for juvenile justice education
  369  programs, curriculum, support services, and resources. To this
  370  end, the Department of Education and the Department of Juvenile
  371  Justice shall each designate a Coordinator for Juvenile Justice
  372  Education Programs to serve as the point of contact for
  373  resolving issues not addressed by district school boards and to
  374  provide each department’s participation in the following
  375  activities:
  376         (a) Training, collaborating, and coordinating with the
  377  Department of Juvenile Justice, district school boards, regional
  378  workforce boards and local youth councils, educational contract
  379  providers, and juvenile justice providers, whether state
  380  operated or contracted.
  381         (b) Collecting information on the academic, career and
  382  professional education (CAPE), and transition performance of
  383  students in juvenile justice programs and reporting on the
  384  results.
  385         (c) Developing academic and CAPE career protocols that
  386  provide guidance to district school boards and juvenile justice
  387  education providers in all aspects of education programming,
  388  including records transfer and transition.
  389         (d) Implementing a joint accountability, program
  390  performance, and program improvement process Prescribing the
  391  roles of program personnel and interdepartmental district school
  392  board or provider collaboration strategies.
  394  Annually, a cooperative agreement and plan for juvenile justice
  395  education service enhancement shall be developed between the
  396  Department of Juvenile Justice and the Department of Education
  397  and submitted to the Secretary of Juvenile Justice and the
  398  Commissioner of Education by June 30. The plan shall include, at
  399  a minimum, each agency’s role regarding educational program
  400  accountability, technical assistance, training, and coordination
  401  of services.
  402         (2) Students participating in Department of Juvenile
  403  Justice education programs pursuant to chapter 985 which are
  404  sponsored by a community-based agency or are operated or
  405  contracted for by the Department of Juvenile Justice shall
  406  receive education educational programs according to rules of the
  407  State Board of Education. These students shall be eligible for
  408  services afforded to students enrolled in programs pursuant to
  409  s. 1003.53 and all corresponding State Board of Education rules.
  410         (3) The district school board of the county in which the
  411  juvenile justice education prevention, day treatment,
  412  residential, or detention program residential or nonresidential
  413  care facility or juvenile assessment facility is located shall
  414  provide or contract for appropriate educational assessments and
  415  an appropriate program of instruction and special education
  416  services.
  417         (a) The district school board shall make provisions for
  418  each student to participate in basic, CAPE career education, and
  419  exceptional student programs as appropriate. Students served in
  420  Department of Juvenile Justice education programs shall have
  421  access to the appropriate courses and instruction to prepare
  422  them for the high school equivalency examination GED test.
  423  Students participating in high school equivalency examination
  424  GED preparation programs shall be funded at the basic program
  425  cost factor for Department of Juvenile Justice programs in the
  426  Florida Education Finance Program. Each program shall be
  427  conducted according to applicable law providing for the
  428  operation of public schools and rules of the State Board of
  429  Education. School districts shall provide the high school
  430  equivalency examination GED exit option for all juvenile justice
  431  education programs.
  432         (b) By October 1, 2004, The Department of Education, with
  433  the assistance of the school districts and juvenile justice
  434  education providers, shall select a common student assessment
  435  instrument and protocol for measuring student learning gains and
  436  student progression while a student is in a juvenile justice
  437  education program. The Department of Education and the
  438  Department of Juvenile Justice shall jointly review the
  439  effectiveness of this assessment and implement changes as
  440  necessary. The assessment instrument and protocol must be
  441  implemented in all juvenile justice education programs in this
  442  state by January 1, 2005.
  443         (4) Educational services shall be provided at times of the
  444  day most appropriate for the juvenile justice program. School
  445  programming in juvenile justice detention, prevention, day
  446  treatment, and residential commitment, and rehabilitation
  447  programs shall be made available by the local school district
  448  during the juvenile justice school year, as provided defined in
  449  s. 1003.01(11). In addition, students in juvenile justice
  450  education programs shall have access to courses offered pursuant
  451  to ss. 1002.37, 1002.45, and 1003.498 Florida Virtual School
  452  courses. The Department of Education and the school districts
  453  shall adopt policies necessary to provide ensure such access.
  454         (5) The educational program shall provide instruction based
  455  on each student’s individualized transition plan, assessed
  456  educational needs, and the education programs available in the
  457  school district in which the student will return. Depending on
  458  the student’s needs, educational programming may consist of
  459  remedial courses, consist of appropriate basic academic courses
  460  required for grade advancement, CAPE courses, high school
  461  equivalency examination preparation career, or exceptional
  462  student education curricula and related services which support
  463  the transition treatment goals and reentry and which may lead to
  464  completion of the requirements for receipt of a high school
  465  diploma or its equivalent. Prevention and day treatment juvenile
  466  justice education programs, at a minimum, shall provide career
  467  readiness and exploration opportunities as well as truancy and
  468  dropout prevention intervention services. Residential juvenile
  469  justice education programs with a contracted minimum length of
  470  stay of 9 months shall provide CAPE courses that lead to
  471  preapprentice certifications and industry certifications.
  472  Programs with contracted lengths of stay of less than 9 months
  473  may provide career education courses that lead to preapprentice
  474  certifications and CAPE industry certifications. If the duration
  475  of a program is less than 40 days, the educational component may
  476  be limited to tutorial remediation activities, and career
  477  employability skills instruction, education counseling, and
  478  transition services that prepare students for a return to
  479  school, the community, and their home settings based on the
  480  students’ needs.
  481         (6) Participation in the program by students of compulsory
  482  school-attendance age as provided for in s. 1003.21 shall be
  483  mandatory. All students of noncompulsory school-attendance age
  484  who have not received a high school diploma or its equivalent
  485  shall participate in the educational program, unless the student
  486  files a formal declaration of his or her intent to terminate
  487  school enrollment as described in s. 1003.21 and is afforded the
  488  opportunity to take the general educational development test and
  489  attain a Florida high school diploma before prior to release
  490  from a juvenile justice education program facility. A student
  491  youth who has received a high school diploma or its equivalent
  492  and is not employed shall participate in workforce development
  493  or other CAPE career or technical education or Florida College
  494  System institution or university courses while in the program,
  495  subject to available funding.
  496         (7) An individualized A progress monitoring plan shall be
  497  developed for all students not classified as exceptional
  498  education students upon entry in a juvenile justice education
  499  program and upon reentry in the school district who score below
  500  the level specified in district school board policy in reading,
  501  writing, and mathematics or below the level specified by the
  502  Commissioner of Education on statewide assessments as required
  503  by s. 1008.25. These plans shall address academic, literacy, and
  504  career and technical life skills and shall include provisions
  505  for intensive remedial instruction in the areas of weakness.
  506         (8) Each district school board shall maintain an academic
  507  record for each student enrolled in a juvenile justice education
  508  program facility as prescribed by s. 1003.51. Such record shall
  509  delineate each course completed by the student according to
  510  procedures in the State Course Code Directory. The district
  511  school board shall include a copy of a student’s academic record
  512  in the discharge packet when the student exits the program
  513  facility.
  514         (9) Each The Department of Education shall ensure that all
  515  district school board shall boards make provisions for high
  516  school level students youth to earn credits toward high school
  517  graduation while in residential and nonresidential juvenile
  518  justice education programs facilities. Provisions must be made
  519  for the transfer of credits and partial credits earned.
  520         (10) School districts and juvenile justice education
  521  providers shall develop individualized transition plans during
  522  the course of a student’s stay in a juvenile justice education
  523  program to coordinate academic, career and technical, and
  524  secondary and postsecondary services that assist the student in
  525  successful community reintegration upon release. Development of
  526  the transition plan shall be a collaboration of the personnel in
  527  the juvenile justice education program, reentry personnel,
  528  personnel from the school district where the student will
  529  return, the student, the student’s family, and Department of
  530  Juvenile Justice personnel for committed students.
  531         (a) Transition planning must begin upon a student’s
  532  placement in the program. The transition plan must include, at a
  533  minimum:
  534         1. Services and interventions that address the student’s
  535  assessed educational needs and postrelease education plans.
  536         2. Services to be provided during the program stay and
  537  services to be implemented upon release, including, but not
  538  limited to, continuing education in secondary school, CAPE
  539  programs, postsecondary education, or employment, based on the
  540  student’s needs.
  541         3. Specific monitoring responsibilities to determine
  542  whether the individualized transition plan is being implemented
  543  and the student is provided access to support services that will
  544  sustain the student’s success by individuals who are responsible
  545  for the reintegration and coordination of these activities.
  546         (b) For the purpose of transition planning and reentry
  547  services, representatives from the school district and the one
  548  stop center where the student will return shall participate as
  549  members of the local Department of Juvenile Justice reentry
  550  teams. The school district, upon return of a student from a
  551  juvenile justice education program, must consider the individual
  552  needs and circumstances of the student and the transition plan
  553  recommendations when reenrolling a student in a public school. A
  554  local school district may not maintain a standardized policy for
  555  all students returning from a juvenile justice program but place
  556  students based on their needs and their performance in the
  557  juvenile justice education program, including any virtual
  558  education options.
  559         (c) The Department of Education and the Department of
  560  Juvenile Justice shall provide oversight and guidance to school
  561  districts, education providers, and reentry personnel on how to
  562  implement effective educational transition planning and
  563  services.
  564         (11)(10) The district school board shall recruit and train
  565  teachers who are interested, qualified, or experienced in
  566  educating students in juvenile justice programs. Students in
  567  juvenile justice programs shall be provided a wide range of
  568  education educational programs and opportunities including
  569  textbooks, technology, instructional support, and other
  570  resources commensurate with resources provided available to
  571  students in public schools, including textbooks and access to
  572  technology. If the district school board operates a juvenile
  573  justice education program at a juvenile justice facility, the
  574  district school board, in consultation with the director of the
  575  juvenile justice facility, shall select the instructional
  576  personnel assigned to that program. The Secretary of Juvenile
  577  Justice or the director of a juvenile justice program may
  578  request that the performance of a teacher assigned by the
  579  district to a juvenile justice education program be reviewed by
  580  the district and that the teacher be reassigned based upon an
  581  evaluation conducted pursuant to s. 1012.34 or for inappropriate
  582  behavior Teachers assigned to educational programs in juvenile
  583  justice settings in which the district school board operates the
  584  educational program shall be selected by the district school
  585  board in consultation with the director of the juvenile justice
  586  facility. Educational programs in Juvenile justice education
  587  programs facilities shall have access to the substitute teacher
  588  pool used utilized by the district school board.
  589         (12)(11) District school boards may contract with a private
  590  provider for the provision of education educational programs to
  591  students youths placed with the Department of Juvenile Justice
  592  and shall generate local, state, and federal funding, including
  593  funding through the Florida Education Finance Program for such
  594  students. The district school board’s planning and budgeting
  595  process shall include the needs of Department of Juvenile
  596  Justice education programs in the district school board’s plan
  597  for expenditures for state categorical and federal funds.
  598         (13)(12)(a) Funding for eligible students enrolled in
  599  juvenile justice education programs shall be provided through
  600  the Florida Education Finance Program as provided in s. 1011.62
  601  and the General Appropriations Act. Funding shall include, at a
  602  minimum:
  603         1. Weighted program funding or the basic amount for current
  604  operation multiplied by the district cost differential as
  605  provided in s. 1011.62(1)(s) and (2);
  606         2. The supplemental allocation for juvenile justice
  607  education as provided in s. 1011.62(10);
  608         3. A proportionate share of the district’s exceptional
  609  student education guaranteed allocation, the supplemental
  610  academic instruction allocation, and the instructional materials
  611  allocation;
  612         4. An amount equivalent to the proportionate share of the
  613  state average potential discretionary local effort for
  614  operations, which shall be determined as follows:
  615         a. If the district levies the maximum discretionary local
  616  effort and the district’s discretionary local effort per FTE is
  617  less than the state average potential discretionary local effort
  618  per FTE, the proportionate share shall include both the
  619  discretionary local effort and the compression supplement per
  620  FTE. If the district’s discretionary local effort per FTE is
  621  greater than the state average per FTE, the proportionate share
  622  shall be equal to the state average; or
  623         b. If the district does not levy the maximum discretionary
  624  local effort and the district’s actual discretionary local
  625  effort per FTE is less than the state average potential
  626  discretionary local effort per FTE, the proportionate share
  627  shall be equal to the district’s actual discretionary local
  628  effort per FTE. If the district’s actual discretionary local
  629  effort per FTE is greater than the state average per FTE, the
  630  proportionate share shall be equal to the state average
  631  potential local effort per FTE; and
  632         5. A proportionate share of the district’s proration to
  633  funds available, if necessary.
  634         (b) Juvenile justice education educational programs to
  635  receive the appropriate FEFP funding for Department of Juvenile
  636  Justice education programs shall include those operated through
  637  a contract with the Department of Juvenile Justice and which are
  638  under purview of the Department of Juvenile Justice quality
  639  assurance standards for education.
  640         (c) Consistent with the rules of the State Board of
  641  Education, district school boards shall are required to request
  642  an alternative FTE survey for Department of Juvenile Justice
  643  education programs experiencing fluctuations in student
  644  enrollment.
  645         (d) FTE count periods shall be prescribed in rules of the
  646  State Board of Education and shall be the same for programs of
  647  the Department of Juvenile Justice as for other public school
  648  programs. The summer school period for students in Department of
  649  Juvenile Justice education programs shall begin on the day
  650  immediately following the end of the regular school year and end
  651  on the day immediately preceding the subsequent regular school
  652  year. Students shall be funded for no more than 25 hours per
  653  week of direct instruction.
  654         (e) Each juvenile justice education program must receive
  655  all federal funds for which the program is eligible.
  656         (14)(13) Each district school board shall negotiate a
  657  cooperative agreement with the Department of Juvenile Justice on
  658  the delivery of educational services to students youths under
  659  the jurisdiction of the Department of Juvenile Justice. Such
  660  agreement must include, but is not limited to:
  661         (a) Roles and responsibilities of each agency, including
  662  the roles and responsibilities of contract providers.
  663         (b) Administrative issues including procedures for sharing
  664  information.
  665         (c) Allocation of resources including maximization of
  666  local, state, and federal funding.
  667         (d) Procedures for educational evaluation for educational
  668  exceptionalities and special needs.
  669         (e) Curriculum and delivery of instruction.
  670         (f) Classroom management procedures and attendance
  671  policies.
  672         (g) Procedures for provision of qualified instructional
  673  personnel, whether supplied by the district school board or
  674  provided under contract by the provider, and for performance of
  675  duties while in a juvenile justice setting.
  676         (h) Provisions for improving skills in teaching and working
  677  with students referred to juvenile justice education programs
  678  delinquents.
  679         (i) Transition plans for students moving into and out of
  680  juvenile justice education programs facilities.
  681         (j) Procedures and timelines for the timely documentation
  682  of credits earned and transfer of student records.
  683         (k) Methods and procedures for dispute resolution.
  684         (l) Provisions for ensuring the safety of education
  685  personnel and support for the agreed-upon education program.
  686         (m) Strategies for correcting any deficiencies found
  687  through the accountability and evaluation system and student
  688  performance measures quality assurance process.
  689         (15)(14) Nothing in this section or in a cooperative
  690  agreement requires shall be construed to require the district
  691  school board to provide more services than can be supported by
  692  the funds generated by students in the juvenile justice
  693  programs.
  694         (16)(15)(a) The Department of Education, in consultation
  695  with the Department of Juvenile Justice, district school boards,
  696  and providers, shall adopt rules establishing: establish
  697         (a) Objective and measurable student performance measures
  698  to evaluate a student’s educational progress while participating
  699  in a prevention, day treatment, or residential program. The
  700  student performance measures must be based on appropriate
  701  outcomes for all students in juvenile justice education
  702  programs, taking into consideration the student’s length of stay
  703  in the program. Performance measures shall include outcomes that
  704  relate to student achievement of career education goals,
  705  acquisition of employability skills, receipt of a high school
  706  diploma or its equivalent, grade advancement, and the number of
  707  CAPE industry certifications earned.
  708         (b) A performance rating system to be used by the
  709  Department of Education to evaluate quality assurance standards
  710  for the delivery of educational services within each of the
  711  juvenile justice programs. The performance rating shall be
  712  primarily based on data regarding student performance as
  713  described in paragraph (a) component of residential and
  714  nonresidential juvenile justice facilities.
  715         (c) The timeframes, procedures, and resources to be used to
  716  improve a low-rated educational program or to terminate or
  717  reassign the program These standards shall rate the district
  718  school board’s performance both as a provider and contractor.
  719  The quality assurance rating for the educational component shall
  720  be disaggregated from the overall quality assurance score and
  721  reported separately.
  722         (d)(b) The Department of Education, in partnership with the
  723  Department of Juvenile Justice, shall develop a comprehensive
  724  accountability and program improvement quality assurance review
  725  process. The accountability and program improvement process
  726  shall be based on student performance measures by type of
  727  program and shall rate education program performance. The
  728  accountability system shall identify and recognize high
  729  performing education programs. The Department of Education, in
  730  partnership with the Department of Juvenile Justice, shall
  731  identify low-performing programs. Low-performing education
  732  programs shall receive an onsite program evaluation from the
  733  Department of Juvenile Justice. School improvement, technical
  734  assistance, or the reassignment of the program shall be based,
  735  in part, on the results of the program evaluation. Through a
  736  corrective action process, low-performing programs must
  737  demonstrate improvement or reassign the program and schedule for
  738  the evaluation of the educational component in juvenile justice
  739  programs. The Department of Juvenile Justice quality assurance
  740  site visit and the education quality assurance site visit shall
  741  be conducted during the same visit.
  742         (c) The Department of Education, in consultation with
  743  district school boards and providers, shall establish minimum
  744  thresholds for the standards and key indicators for educational
  745  programs in juvenile justice facilities. If a district school
  746  board fails to meet the established minimum standards, it will
  747  be given 6 months to achieve compliance with the standards. If
  748  after 6 months, the district school board’s performance is still
  749  below minimum standards, the Department of Education shall
  750  exercise sanctions as prescribed by rules adopted by the State
  751  Board of Education. If a provider, under contract with the
  752  district school board, fails to meet minimum standards, such
  753  failure shall cause the district school board to cancel the
  754  provider’s contract unless the provider achieves compliance
  755  within 6 months or unless there are documented extenuating
  756  circumstances.
  757         (d) The requirements in paragraphs (a), (b), and (c) shall
  758  be implemented to the extent that funds are available.
  759         (17) The department, in collaboration with the Department
  760  of Juvenile Justice, shall collect data and report on
  761  commitment, day treatment, prevention, and detention programs.
  762  The report shall be submitted to the President of the Senate,
  763  the Speaker of the House of Representatives, and the Governor by
  764  February 1 of each year. The report must include, at a minimum:
  765         (a) The number and percentage of students who:
  766         1. Return to an alternative school, middle school, or high
  767  school upon release and the attendance rate of such students
  768  before and after participation in juvenile justice education
  769  programs.
  770         2. Receive a standard high school diploma or a high school
  771  equivalency diploma.
  772         3. Receive industry certification.
  773         4. Enroll in a postsecondary educational institution.
  774         5. Complete a juvenile justice education program without
  775  reoffending.
  776         6. Reoffend within 1 year after completion of a day
  777  treatment or residential commitment program.
  778         7. Remain employed 1 year after completion of a day
  779  treatment or residential commitment program.
  780         8. Demonstrate learning gains pursuant to paragraph (3)(b).
  781         (b) The following cost data for each juvenile justice
  782  education program:
  783         1. The amount of funding provided by district school boards
  784  to juvenile justice programs and the amount retained for
  785  administration, including documenting the purposes of such
  786  expenses.
  787         2. The status of the development of cooperative agreements.
  788         3. Recommendations for system improvement.
  789         4. Information on the identification of, and services
  790  provided to, exceptional students, to determine whether these
  791  students are properly reported for funding and are appropriately
  792  served.
  793         (18)(16) The district school board shall not be charged any
  794  rent, maintenance, utilities, or overhead on such facilities.
  795  Maintenance, repairs, and remodeling of existing facilities
  796  shall be provided by the Department of Juvenile Justice.
  797         (19)(17) When additional facilities are required, the
  798  district school board and the Department of Juvenile Justice
  799  shall agree on the appropriate site based on the instructional
  800  needs of the students. When the most appropriate site for
  801  instruction is on district school board property, a special
  802  capital outlay request shall be made by the commissioner in
  803  accordance with s. 1013.60. When the most appropriate site is on
  804  state property, state capital outlay funds shall be requested by
  805  the Department of Juvenile Justice provided by s. 216.043 and
  806  shall be submitted as specified by s. 216.023. Any instructional
  807  facility to be built on state property shall have educational
  808  specifications jointly developed by the district school board
  809  and the Department of Juvenile Justice and approved by the
  810  Department of Education. The size of space and occupant design
  811  capacity criteria as provided by State Board of Education rules
  812  shall be used for remodeling or new construction whether
  813  facilities are provided on state property or district school
  814  board property.
  815         (20)(18) The parent of an exceptional student shall have
  816  the due process rights provided for in this chapter.
  817         (19) The Department of Education and the Department of
  818  Juvenile Justice, after consultation with and assistance from
  819  local providers and district school boards, shall report
  820  annually to the Legislature by February 1 on the progress toward
  821  developing effective educational programs for juvenile
  822  delinquents, including the amount of funding provided by
  823  district school boards to juvenile justice programs, the amount
  824  retained for administration including documenting the purposes
  825  for such expenses, the status of the development of cooperative
  826  agreements, the results of the quality assurance reviews
  827  including recommendations for system improvement, and
  828  information on the identification of, and services provided to,
  829  exceptional students in juvenile justice commitment facilities
  830  to determine whether these students are properly reported for
  831  funding and are appropriately served.
  832         (21)(20) The education educational programs at the Arthur
  833  Dozier School for Boys in Jackson County and the Florida School
  834  for Boys in Okeechobee shall be operated by the Department of
  835  Education, either directly or through grants or contractual
  836  agreements with other public or duly accredited education
  837  agencies approved by the Department of Education.
  838         (22)(21) The State Board of Education shall may adopt any
  839  rules necessary to implement the provisions of this section,
  840  including uniform curriculum, funding, and second chance
  841  schools. Such rules must require the minimum amount of paperwork
  842  and reporting.
  843         (23)(22) The Department of Juvenile Justice and the
  844  Department of Education, in consultation with Workforce Florida,
  845  Inc., the statewide Workforce Development Youth Council,
  846  district school boards, Florida College System institutions,
  847  providers, and others, shall jointly develop a multiagency plan
  848  for CAPE career education which describes the funding,
  849  curriculum, transfer of credits, goals, and outcome measures for
  850  CAPE programs career education programming in juvenile
  851  commitment facilities, pursuant to s. 985.622. The plan must be
  852  reviewed annually.
  853         Section 5. Subsection (3) of section 985.632, Florida
  854  Statutes, is amended to read:
  855         985.632 Quality assurance and cost-effectiveness.—
  856         (3) The department shall annually collect and report cost
  857  data for every program operated or contracted by the department.
  858  The cost data shall conform to a format approved by the
  859  department and the Legislature. Uniform cost data shall be
  860  reported and collected for state-operated and contracted
  861  programs so that comparisons can be made among programs. The
  862  department shall ensure that there is accurate cost accounting
  863  for state-operated services including market-equivalent rent and
  864  other shared cost. The cost of the educational program provided
  865  to a residential facility shall be reported and included in the
  866  cost of a program. The department shall submit an annual cost
  867  report to the President of the Senate, the Speaker of the House
  868  of Representatives, the Minority Leader of each house of the
  869  Legislature, the appropriate substantive and fiscal committees
  870  of each house of the Legislature, and the Governor, no later
  871  than December 1 of each year. Cost-benefit analysis for
  872  educational programs will be developed and implemented in
  873  collaboration with and in cooperation with the Department of
  874  Education, local providers, and local school districts. Cost
  875  data for the report shall include data collected by the
  876  Department of Education for the purposes of preparing the annual
  877  report required by s. 1003.52(17) 1003.52(19).
  878         Section 6. Paragraph (b) of subsection (18) of section
  879  1001.42, Florida Statutes, is amended to read:
  880         1001.42 Powers and duties of district school board.—The
  881  district school board, acting as a board, shall exercise all
  882  powers and perform all duties listed below:
  884  Maintain a state system of school improvement and education
  885  accountability as provided by statute and State Board of
  886  Education rule. This system of school improvement and education
  887  accountability shall be consistent with, and implemented
  888  through, the district’s continuing system of planning and
  889  budgeting required by this section and ss. 1008.385, 1010.01,
  890  and 1011.01. This system of school improvement and education
  891  accountability shall comply with the provisions of ss. 1008.33,
  892  1008.34, 1008.345, and 1008.385 and include the following:
  893         (b) Public disclosure.—The district school board shall
  894  provide information regarding the performance of students and
  895  educational programs as required pursuant to ss. 1008.22 and
  896  1008.385 and implement a system of school reports as required by
  897  statute and State Board of Education rule which shall include
  898  schools operating for the purpose of providing educational
  899  services to students youth in Department of Juvenile Justice
  900  programs, and for those schools, report on the elements
  901  specified in s. 1003.52(17) 1003.52(19). Annual public
  902  disclosure reports shall be in an easy-to-read report card
  903  format and shall include the school’s grade, high school
  904  graduation rate calculated without high school equivalency
  905  examinations GED tests, disaggregated by student ethnicity, and
  906  performance data as specified in state board rule.
  907         Section 7. This act shall take effect July 1, 2014.
  909  ================= T I T L E  A M E N D M E N T ================
  910  And the title is amended as follows:
  911         Delete everything before the enacting clause
  912  and insert:
  913                        A bill to be entitled                      
  914         An act relating to juvenile justice education
  915         programs; amending s. 985.622, F.S.; revising
  916         requirements for the multiagency education plan for
  917         students in juvenile justice education programs;
  918         including virtual education as an option; amending s.
  919         1001.31, F.S.; authorizing instructional personnel at
  920         all juvenile justice facilities to access specific
  921         student records at the district; amending s. 1003.51,
  922         F.S.; revising terminology; revising requirements for
  923         rules to be maintained by the State Board of
  924         Education; providing expectations for effective
  925         education programs for students in Department of
  926         Juvenile Justice programs; revising requirements for
  927         contract and cooperative agreements for the delivery
  928         of appropriate education services to students in
  929         Department of Juvenile Justice programs; requiring the
  930         Department of Education to ensure that juvenile
  931         justice students who are eligible have access to high
  932         school equivalency testing and assist juvenile justice
  933         education programs with becoming high school
  934         equivalency testing centers; revising requirements for
  935         an accountability system for all juvenile justice
  936         education programs; revising requirements for district
  937         school boards; amending s. 1003.52, F.S.; revising
  938         requirements for activities to be coordinated by the
  939         coordinators for juvenile justice education programs;
  940         authorizing contracting for educational assessments;
  941         revising requirements for assessments; authorizing
  942         access to local virtual education courses; requiring
  943         that an education program shall be based on each
  944         student’s transition plan and assessed educational
  945         needs; providing requirements for prevention and day
  946         treatment juvenile justice education programs;
  947         requiring progress monitoring plans for all students
  948         not classified as exceptional student education
  949         students; revising requirements for such plans;
  950         requiring the Department of Education, in partnership
  951         with the Department of Juvenile Justice, to ensure
  952         that school districts and juvenile justice education
  953         providers develop individualized transition plans;
  954         providing requirements for such plans; authorizing the
  955         Secretary of Juvenile Justice or the director of a
  956         juvenile justice program to request that a school
  957         district teacher’s performance be reviewed by the
  958         district and that the teacher be reassigned in certain
  959         circumstances; requiring the Department of Education
  960         to establish by rule objective and measurable student
  961         performance measures and program performance ratings;
  962         providing requirements for such ratings; requiring a
  963         comprehensive accountability and program improvement
  964         process; providing requirements for such a process;
  965         deleting provisions for minimum thresholds for the
  966         standards and key indicators for education programs in
  967         juvenile justice facilities; revising data collection
  968         and annual report requirements; deleting provisions
  969         concerning the Arthur Dozier School for Boys;
  970         requiring rulemaking; amending s. 985.632, F.S.;
  971         revising a cross-reference; amending s. 1001.42, F.S.;
  972         revising terminology; revising a cross-reference;
  973         providing an effective date.