Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 598
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/24/2014           .                                

    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 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 be
   15  reviewed annually, revised as appropriate, and include:
   16         (a) Provisions for maximizing appropriate state and federal
   17  funding sources, including funds under the Workforce Investment
   18  Act and the Perkins Act.;
   19         (b) Provisions for eliminating barriers to increasing
   20  occupation-specific job training and high school equivalency
   21  examination preparation opportunities.
   22         (c)(b) The responsibilities of both departments and all
   23  other appropriate entities.; and
   24         (d)(c) A detailed implementation schedule.
   25         (2) The plan must define career vocational programming that
   26  is appropriate based upon:
   27         (a) The age and assessed educational abilities and goals of
   28  the student youth to be served; and
   29         (b) The typical length of stay and custody characteristics
   30  at the juvenile justice education commitment program to which
   31  each student youth is assigned.
   32         (3) The plan must include a definition of career vocational
   33  programming that includes the following classifications of
   34  juvenile justice education programs commitment facilities that
   35  will offer career vocational programming by one of the following
   36  types:
   37         (a) Type 1 A.—Programs that teach personal accountability
   38  skills and behaviors that are appropriate for students youth in
   39  all age groups and ability levels and that lead to work habits
   40  that help maintain employment and living standards.
   41         (b) Type 2 B.—Programs that include Type 1 A program
   42  content and an orientation to the broad scope of career choices,
   43  based upon personal abilities, aptitudes, and interests.
   44  Exploring and gaining knowledge of occupation options and the
   45  level of effort required to achieve them are essential
   46  prerequisites to skill training.
   47         (c) Type 3 C.—Programs that include Type 1 A program
   48  content and the career education vocational competencies or the
   49  prerequisites needed for entry into a specific occupation.
   50         (4) The plan must also address strategies to facilitate
   51  involvement of business and industry in the design, delivery,
   52  and evaluation of career vocational programming in juvenile
   53  justice education commitment facilities and conditional release
   54  programs, including apprenticeship and work experience programs,
   55  mentoring and job shadowing, and other strategies that lead to
   56  postrelease employment. Incentives for business involvement,
   57  such as tax breaks, bonding, and liability limits should be
   58  investigated, implemented where appropriate, or recommended to
   59  the Legislature for consideration.
   60         (5) The plan must also evaluate the effect of students’
   61  mobility between juvenile justice education programs and school
   62  districts on the students’ educational outcomes and whether the
   63  continuity of the students’ education can be better addressed
   64  through virtual education.
   65         (6)(5) The Department of Juvenile Justice and the
   66  Department of Education shall each align its respective agency
   67  policies, practices, technical manuals, contracts, quality
   68  assurance standards, performance-based-budgeting measures, and
   69  outcome measures with the plan in juvenile justice education
   70  programs commitment facilities by July 31, 2015 2001. Each
   71  agency shall provide a report on the implementation of this
   72  section to the Governor, the President of the Senate, and the
   73  Speaker of the House of Representatives by August 31, 2015 2001.
   74         (7)(6) All provider contracts executed by the Department of
   75  Juvenile Justice or the school districts after January 1, 2015
   76  2002, must be aligned with the plan.
   77         (8)(7) The planning and execution of quality assurance
   78  reviews conducted by the Department of Education or the
   79  Department of Juvenile Justice after August 1, 2015 2002, must
   80  be aligned with the plan.
   81         (9)(8) Outcome measures reported by the Department of
   82  Juvenile Justice and the Department of Education for students
   83  youth released on or after January 1, 2016 2002, should include
   84  outcome measures that conform to the plan.
   85         Section 2. Section 1001.31, Florida Statutes, is amended to
   86  read:
   87         1001.31 Scope of district system.—A district school system
   88  shall include all public schools, classes, and courses of
   89  instruction and all services and activities directly related to
   90  education in that district which are under the direction of the
   91  district school officials. A district school system may also
   92  include alternative site schools for disruptive or violent
   93  students youth. Such schools for disruptive or violent students
   94  youth may be funded by each district or provided through
   95  cooperative programs administered by a consortium of school
   96  districts, private providers, state and local law enforcement
   97  agencies, and the Department of Juvenile Justice. Pursuant to
   98  cooperative agreement, a district school system shall provide
   99  instructional personnel at juvenile justice facilities of 50 or
  100  more beds or slots with access to the district school system
  101  database for the purpose of accessing student academic,
  102  immunization, and registration records for students assigned to
  103  the programs. Such access shall be in the same manner as
  104  provided to other schools in the district.
  105         Section 3. Section 1003.51, Florida Statutes, is amended to
  106  read:
  107         1003.51 Other public educational services.—
  108         (1) The general control of other public educational
  109  services shall be vested in the State Board of Education except
  110  as provided in this section herein. The State Board of Education
  111  shall, at the request of the Department of Children and Families
  112  Family Services and the Department of Juvenile Justice, advise
  113  as to standards and requirements relating to education to be met
  114  in all state schools or institutions under their control which
  115  provide educational programs. The Department of Education shall
  116  provide supervisory services for the educational programs of all
  117  such schools or institutions. The direct control of any of these
  118  services provided as part of the district program of education
  119  shall rest with the district school board. These services shall
  120  be supported out of state, district, federal, or other lawful
  121  funds, depending on the requirements of the services being
  122  supported.
  123         (2) The State Board of Education shall adopt rules and
  124  maintain an administrative rule articulating expectations for
  125  effective education programs for students youth in Department of
  126  Juvenile Justice programs, including, but not limited to,
  127  education programs in juvenile justice prevention, day
  128  treatment, residential, commitment and detention facilities. The
  129  rule shall establish articulate policies and standards for
  130  education programs for students youth in Department of Juvenile
  131  Justice programs and shall include the following:
  132         (a) The interagency collaborative process needed to ensure
  133  effective programs with measurable results.
  134         (b) The responsibilities of the Department of Education,
  135  the Department of Juvenile Justice, Workforce Florida, Inc.,
  136  district school boards, and providers of education services to
  137  students youth in Department of Juvenile Justice programs.
  138         (c) Academic expectations.
  139         (d) Career and technical expectations.
  140         (e) Education transition planning and services.
  141         (f)(d) Service delivery options available to district
  142  school boards, including direct service and contracting.
  143         (g)(e) Assessment procedures, which:
  144         1. For prevention, day treatment, and residential programs,
  145  include appropriate academic and career assessments administered
  146  at program entry and exit that are selected by the Department of
  147  Education in partnership with representatives from the
  148  Department of Juvenile Justice, district school boards, and
  149  education providers. Assessments must be completed within the
  150  first 10 school days after a student’s entry into the program.
  151         2. Provide for determination of the areas of academic need
  152  and strategies for appropriate intervention and instruction for
  153  each student in a detention facility within 5 school days after
  154  the student’s entry into the program and administer a research
  155  based assessment that will assist the student in determining his
  156  or her educational and career options and goals within 22 school
  157  days after the student’s entry into the program Require district
  158  school boards to be responsible for ensuring the completion of
  159  the assessment process.
  160         3. Require assessments for students in detention who will
  161  move on to commitment facilities, to be designed to create the
  162  foundation for developing the student’s education program in the
  163  assigned commitment facility.
  164         4. Require assessments of students sent directly to
  165  commitment facilities to be completed within the first 10 school
  166  days of the student’s commitment.
  168  The results of these assessments, together with a portfolio
  169  depicting the student’s academic and career accomplishments,
  170  shall be included in the discharge packet package assembled for
  171  each student youth.
  172         (h)(f) Recommended instructional programs, including, but
  173  not limited to:,
  174         1. Secondary education.
  175         2. High school equivalency examination preparation.
  176         3. Postsecondary education.
  177         4. Career training. and
  178         5. Job preparation.
  179         6. Virtual education that:
  180         a. Provides competency-based instruction that addresses the
  181  unique academic needs of the student through delivery by an
  182  entity accredited by AdvanceED or the Southern Association of
  183  Colleges and Schools.
  184         b. Confers certifications and diplomas.
  185         c. Issues credit that articulates with and transcripts that
  186  are recognized by secondary schools.
  187         d. Allows the student to continue to access and progress
  188  through the program once the student leaves the juvenile justice
  189  system.
  190         (i)(g) Funding requirements, which shall include the
  191  requirement that at least 90 percent of the FEFP funds generated
  192  by students in Department of Juvenile Justice programs or in an
  193  education program for juveniles under s. 985.19 be spent on
  194  instructional costs for those students. One hundred percent of
  195  the formula-based categorical funds generated by students in
  196  Department of Juvenile Justice programs must be spent on
  197  appropriate categoricals such as instructional materials and
  198  public school technology for those students.
  199         (j)(h) Qualifications of instructional staff, procedures
  200  for the selection of instructional staff, and procedures for to
  201  ensure consistent instruction and qualified staff year round.
  202  Qualifications shall include those for career education
  203  instructors, standardized across the state, and shall be based
  204  on state certification, local school district approval, and
  205  industry-recognized credentials or industry training. Procedures
  206  for the use of noncertified instructional personnel who possess
  207  expert knowledge or experience in their fields of instruction
  208  shall be established.
  209         (k)(i) Transition services, including the roles and
  210  responsibilities of appropriate personnel in the juvenile
  211  justice education program, the school district where the student
  212  will reenter districts, provider organizations, and the
  213  Department of Juvenile Justice.
  214         (l)(j) Procedures and timeframe for transfer of education
  215  records when a student youth enters and leaves a Department of
  216  Juvenile Justice education program facility.
  217         (m)(k) The requirement that each district school board
  218  maintain an academic transcript for each student enrolled in a
  219  juvenile justice education program facility that delineates each
  220  course completed by the student as provided by the State Course
  221  Code Directory.
  222         (n)(l) The requirement that each district school board make
  223  available and transmit a copy of a student’s transcript in the
  224  discharge packet when the student exits a juvenile justice
  225  education program facility.
  226         (o)(m) Contract requirements.
  227         (p)(n) Performance expectations for providers and district
  228  school boards, including student performance measures by type of
  229  program, education program performance ratings, school
  230  improvement, and corrective action plans for low-performing
  231  programs the provision of a progress monitoring plan as required
  232  in s. 1008.25.
  233         (q)(o) The role and responsibility of the district school
  234  board in securing workforce development funds.
  235         (r)(p) A series of graduated sanctions for district school
  236  boards whose educational programs in Department of Juvenile
  237  Justice programs facilities are considered to be unsatisfactory
  238  and for instances in which district school boards fail to meet
  239  standards prescribed by law, rule, or State Board of Education
  240  policy. These sanctions shall include the option of requiring a
  241  district school board to contract with a provider or another
  242  district school board if the educational program at the
  243  Department of Juvenile Justice program is performing below
  244  minimum standards facility has failed a quality assurance review
  245  and, after 6 months, is still performing below minimum
  246  standards.
  247         (s) Curriculum, guidance counseling, transition, and
  248  education services expectations, including curriculum
  249  flexibility for detention centers operated by the Department of
  250  Juvenile Justice.
  251         (t)(q) Other aspects of program operations.
  252         (3) The Department of Education in partnership with the
  253  Department of Juvenile Justice, the district school boards, and
  254  providers shall:
  255         (a) Develop and implement requirements for contracts and
  256  cooperative agreements regarding Maintain model contracts for
  257  the delivery of appropriate education services to students youth
  258  in Department of Juvenile Justice programs to be used for the
  259  development of future contracts. The minimum contract
  260  requirements shall include, but are not limited to, payment
  261  structure and amounts; access to district services; contract
  262  management provisions; data reporting requirements, including
  263  reporting of full-time equivalent student membership;
  264  administration of federal programs such as Title I, exceptional
  265  student education, and the Carl D. Perkins Career and Technical
  266  Education Act of 2006; and model contracts shall reflect the
  267  policy and standards included in subsection (2). The Department
  268  of Education shall ensure that appropriate district school board
  269  personnel are trained and held accountable for the management
  270  and monitoring of contracts for education programs for youth in
  271  juvenile justice residential and nonresidential facilities.
  272         (b) Develop and implement Maintain model procedures for
  273  transitioning students youth into and out of Department of
  274  Juvenile Justice education programs. These procedures shall
  275  reflect the policy and standards adopted pursuant to subsection
  276  (2).
  277         (c) Maintain standardized required content of education
  278  records to be included as part of a student’s youth’s commitment
  279  record and procedures for securing the student’s records. The
  280  education records These requirements shall reflect the policy
  281  and standards adopted pursuant to subsection (2) and shall
  282  include, but not be limited to, the following:
  283         1. A copy of the student’s individual educational plan.
  284         2. A copy of the student’s individualized progress
  285  monitoring plan.
  286         3. A copy of the student’s individualized transition plan.
  287         4.2. Data on student performance on assessments taken
  288  according to s. 1008.22.
  289         5.3. A copy of the student’s permanent cumulative record.
  290         6.4. A copy of the student’s academic transcript.
  291         7.5. A portfolio reflecting the student’s youth’s academic
  292  and career and technical accomplishments, when age appropriate,
  293  while in the Department of Juvenile Justice program.
  294         (d) Establish Maintain model procedures for securing the
  295  education record and the roles and responsibilities of the
  296  juvenile probation officer and others involved in the withdrawal
  297  of the student from school and assignment to a juvenile justice
  298  education program commitment or detention facility. District
  299  school boards shall respond to requests for student education
  300  records received from another district school board or a
  301  juvenile justice facility within 5 working days after receiving
  302  the request.
  303         (4) Each The Department of Education shall ensure that
  304  district school board shall: boards
  305         (a) Notify students in juvenile justice education programs
  306  residential or nonresidential facilities who attain the age of
  307  16 years of the provisions of law regarding compulsory school
  308  attendance and make available the option of enrolling in a
  309  program to attain a Florida high school diploma by taking the
  310  high school equivalency examination before General Educational
  311  Development test prior to release from the program facility. The
  312  Department of Education shall assist juvenile justice education
  313  programs with becoming high school equivalency examination
  314  centers District school boards or Florida College System
  315  institutions, or both, shall waive GED testing fees for youth in
  316  Department of Juvenile Justice residential programs and shall,
  317  upon request, designate schools operating for the purpose of
  318  providing educational services to youth in Department of
  319  Juvenile Justice programs as GED testing centers, subject to GED
  320  testing center requirements. The administrative fees for the
  321  General Educational Development test required by the Department
  322  of Education are the responsibility of district school boards
  323  and may be required of providers by contractual agreement.
  324         (b) Respond to requests for student education records
  325  received from another district school board or a juvenile
  326  justice education program within 5 working days after receiving
  327  the request.
  328         (c) Provide access to courses offered pursuant to ss.
  329  1002.37, 1002.45, and 1003.498. School districts and providers
  330  may enter into cooperative agreements for the provision of
  331  curriculum associated with courses offered pursuant to s.
  332  1003.498 to enable providers to offer such courses.
  333         (d) Complete the assessment process required by subsection
  334  (2).
  335         (e) Monitor compliance with contracts for education
  336  programs for students in juvenile justice prevention, day
  337  treatment, residential, and detention programs.
  338         (5) The Department of Education shall establish and
  339  operate, either directly or indirectly through a contract, a
  340  mechanism to provide accountability measures that annually
  341  assesses and evaluates all juvenile justice education programs
  342  using student performance data and program performance ratings
  343  by type of program quality assurance reviews of all juvenile
  344  justice education programs and shall provide technical
  345  assistance and related research to district school boards and
  346  juvenile justice education providers on how to establish,
  347  develop, and operate educational programs that exceed the
  348  minimum quality assurance standards. The Department of
  349  Education, with input from the Department of Juvenile Justice,
  350  school districts, and education providers shall develop annual
  351  recommendations for system and school improvement.
  352         Section 4. Section 1003.52, Florida Statutes, is amended to
  353  read:
  354         1003.52 Educational services in Department of Juvenile
  355  Justice programs.—
  356         (1) The Legislature finds that education is the single most
  357  important factor in the rehabilitation of adjudicated delinquent
  358  youth in the custody of Department of Juvenile Justice programs.
  359  It is the goal of the Legislature that youth in the juvenile
  360  justice system continue to be allowed the opportunity to obtain
  361  a high quality education. The Department of Education shall
  362  serve as the lead agency for juvenile justice education
  363  programs, curriculum, support services, and resources. To this
  364  end, the Department of Education and the Department of Juvenile
  365  Justice shall each designate a Coordinator for Juvenile Justice
  366  Education Programs to serve as the point of contact for
  367  resolving issues not addressed by district school boards and to
  368  provide each department’s participation in the following
  369  activities:
  370         (a) Training, collaborating, and coordinating with the
  371  Department of Juvenile Justice, district school boards, local
  372  workforce boards and youth councils, educational contract
  373  providers, and juvenile justice providers, whether state
  374  operated or contracted.
  375         (b) Collecting information on the academic, career
  376  education, and transition performance of students in juvenile
  377  justice programs and reporting on the results.
  378         (c) Developing academic and career education protocols that
  379  provide guidance to district school boards and juvenile justice
  380  education providers in all aspects of education programming,
  381  including records transfer and transition.
  382         (d) Implementing a joint accountability, program
  383  performance, and program improvement process Prescribing the
  384  roles of program personnel and interdepartmental district school
  385  board or provider collaboration strategies.
  387  Annually, a cooperative agreement and plan for juvenile justice
  388  education service enhancement shall be developed between the
  389  Department of Juvenile Justice and the Department of Education
  390  and submitted to the Secretary of Juvenile Justice and the
  391  Commissioner of Education by June 30. The plan shall include, at
  392  a minimum, each agency’s role regarding educational program
  393  accountability, technical assistance, training, and coordination
  394  of services.
  395         (2) Students participating in Department of Juvenile
  396  Justice programs pursuant to chapter 985 which are sponsored by
  397  a community-based agency or are operated or contracted for by
  398  the Department of Juvenile Justice shall receive education
  399  educational programs according to rules of the State Board of
  400  Education. These students shall be eligible for services
  401  afforded to students enrolled in programs pursuant to s. 1003.53
  402  and all corresponding State Board of Education rules.
  403         (3) The district school board of the county in which the
  404  juvenile justice education prevention, day treatment,
  405  residential, or detention program residential or nonresidential
  406  care facility or juvenile assessment facility is located shall
  407  provide or contract for appropriate educational assessments and
  408  an appropriate program of instruction and special education
  409  services.
  410         (a) The district school board shall make provisions for
  411  each student to participate in basic, career education, and
  412  exceptional student programs as appropriate. Students served in
  413  Department of Juvenile Justice programs shall have access to the
  414  appropriate courses and instruction to prepare them for the high
  415  school equivalency examination GED test. Students participating
  416  in high school equivalency examination GED preparation programs
  417  shall be funded at the basic program cost factor for Department
  418  of Juvenile Justice programs in the Florida Education Finance
  419  Program. Each program shall be conducted according to applicable
  420  law providing for the operation of public schools and rules of
  421  the State Board of Education. School districts shall provide the
  422  high school equivalency examination GED exit option for all
  423  juvenile justice programs.
  424         (b) By October 1, 2004, The Department of Education, with
  425  the assistance of the school districts and juvenile justice
  426  education providers, shall select a common student assessment
  427  instrument and protocol for measuring student learning gains and
  428  student progression while a student is in a juvenile justice
  429  education program. The Department of Education and Department of
  430  Juvenile Justice shall jointly review the effectiveness of this
  431  assessment and implement changes as necessary The assessment
  432  instrument and protocol must be implemented in all juvenile
  433  justice education programs in this state by January 1, 2005.
  434         (4) Educational services shall be provided at times of the
  435  day most appropriate for the juvenile justice program. School
  436  programming in juvenile justice detention, prevention, day
  437  treatment, and residential commitment, and rehabilitation
  438  programs shall be made available by the local school district
  439  during the juvenile justice school year, as provided defined in
  440  s. 1003.01(11). In addition, students in juvenile justice
  441  education programs shall have access to courses offered pursuant
  442  to ss. 1002.37, 1002.45, and 1003.498 Florida Virtual School
  443  courses. The Department of Education and the school districts
  444  shall adopt policies necessary to provide ensure such access.
  445         (5) The educational program shall provide instruction based
  446  on each student’s individualized transition plan, assessed
  447  educational needs, and the education programs available in the
  448  school district in which the student will return. Depending on
  449  the student’s needs, educational programming may consist of
  450  remedial courses, consist of appropriate basic academic courses
  451  required for grade advancement, career education courses, high
  452  school equivalency examination preparation, or exceptional
  453  student education curricula and related services which support
  454  the transition treatment goals and reentry and which may lead to
  455  completion of the requirements for receipt of a high school
  456  diploma or its equivalent. Prevention and day treatment juvenile
  457  justice education programs, at a minimum, shall provide career
  458  readiness and exploration opportunities as well as truancy and
  459  dropout prevention intervention services. Residential juvenile
  460  justice education programs with a contracted minimum length of
  461  stay of 9 months shall provide career education courses that
  462  lead to preapprentice certifications, industry certifications,
  463  occupational completion points, or work-related certifications.
  464  Residential programs with contracted lengths of stay of less
  465  than 9 months may provide career education courses that lead to
  466  preapprentice certifications, industry certifications,
  467  occupational completion points, or work-related certifications.
  468  If the duration of a program is less than 40 days, the
  469  educational component may be limited to tutorial remediation
  470  activities, and career employability skills instruction,
  471  education counseling, and transition services that prepare
  472  students for a return to school, the community, and their home
  473  settings based on the students’ needs.
  474         (6) Participation in the program by students of compulsory
  475  school-attendance age as provided for in s. 1003.21 shall be
  476  mandatory. All students of noncompulsory school-attendance age
  477  who have not received a high school diploma or its equivalent
  478  shall participate in the educational program, unless the student
  479  files a formal declaration of his or her intent to terminate
  480  school enrollment as described in s. 1003.21 and is afforded the
  481  opportunity to take the general educational development test and
  482  attain a Florida high school diploma before prior to release
  483  from a juvenile justice education program facility. A student
  484  youth who has received a high school diploma or its equivalent
  485  and is not employed shall participate in workforce development
  486  or other career or technical education or Florida College System
  487  institution or university courses while in the program, subject
  488  to available funding.
  489         (7) An individualized A progress monitoring plan shall be
  490  developed for all students not classified as exceptional
  491  education students upon entry in a juvenile justice education
  492  program and upon reentry in the school district who score below
  493  the level specified in district school board policy in reading,
  494  writing, and mathematics or below the level specified by the
  495  Commissioner of Education on statewide assessments as required
  496  by s. 1008.25. These plans shall address academic, literacy, and
  497  career and technical life skills and shall include provisions
  498  for intensive remedial instruction in the areas of weakness.
  499         (8) Each district school board shall maintain an academic
  500  record for each student enrolled in a juvenile justice program
  501  facility as prescribed by s. 1003.51. Such record shall
  502  delineate each course completed by the student according to
  503  procedures in the State Course Code Directory. The district
  504  school board shall include a copy of a student’s academic record
  505  in the discharge packet when the student exits the program
  506  facility.
  507         (9) Each The Department of Education shall ensure that all
  508  district school board shall boards make provisions for high
  509  school level students youth to earn credits toward high school
  510  graduation while in residential and nonresidential juvenile
  511  justice programs facilities. Provisions must be made for the
  512  transfer of credits and partial credits earned.
  513         (10) School districts and juvenile justice education
  514  providers shall develop individualized transition plans during
  515  the course of a student’s stay in a juvenile justice education
  516  program to coordinate academic, career and technical, and
  517  secondary and postsecondary services that assist the student in
  518  successful community reintegration upon release. Development of
  519  the transition plan shall be a collaboration of the personnel in
  520  the juvenile justice education program, reentry personnel,
  521  personnel from the school district where the student will
  522  return, the student, the student’s family, and Department of
  523  Juvenile Justice personnel for committed students.
  524         (a) Transition planning must begin upon a student’s
  525  placement in the program. The transition plan must include, at a
  526  minimum:
  527         1. Services and interventions that address the student’s
  528  assessed educational needs and postrelease education plans.
  529         2. Services to be provided during the program stay and
  530  services to be implemented upon release, including, but not
  531  limited to, continuing education in secondary school, career and
  532  technical programs, postsecondary education, or employment,
  533  based on the student’s needs.
  534         3. Specific monitoring responsibilities to determine
  535  whether the individualized transition plan is being implemented
  536  and the student is provided access to support services that will
  537  sustain the student’s success by individuals who are responsible
  538  for the reintegration and coordination of these activities.
  539         (b) For the purpose of transition planning and reentry
  540  services, representatives from the school district and the one
  541  stop center where the student will return shall participate as
  542  members of the local Department of Juvenile Justice reentry
  543  teams. The school district, upon return of a student from a
  544  juvenile justice education program, must consider the individual
  545  needs and circumstances of the student and the transition plan
  546  recommendations when reenrolling a student in a public school. A
  547  local school district may not maintain a standardized policy for
  548  all students returning from a juvenile justice program but place
  549  students based on their needs and their performance in the
  550  program.
  551         (c) The Department of Education and the Department of
  552  Juvenile Justice shall provide oversight and guidance to school
  553  districts, education providers, and reentry personnel on how to
  554  implement effective educational transition planning and
  555  services.
  556         (11)(10) The district school board shall recruit and train
  557  teachers who are interested, qualified, or experienced in
  558  educating students in juvenile justice programs. Students in
  559  juvenile justice programs shall be provided a wide range of
  560  education educational programs and opportunities including
  561  textbooks, technology, instructional support, and other
  562  resources commensurate with resources provided available to
  563  students in public schools, including textbooks and access to
  564  technology. If the district school board operates a juvenile
  565  justice education program at a juvenile justice facility, the
  566  district school board, in consultation with the director of the
  567  juvenile justice facility, shall select the instructional
  568  personnel assigned to that program. The Secretary of Juvenile
  569  Justice or the director of a juvenile justice program may
  570  request that the performance of a teacher assigned by the
  571  district to a juvenile justice education program be reviewed by
  572  the district and that the teacher be reassigned based upon an
  573  evaluation conducted pursuant to s. 1012.34 or for inappropriate
  574  behavior Teachers assigned to educational programs in juvenile
  575  justice settings in which the district school board operates the
  576  educational program shall be selected by the district school
  577  board in consultation with the director of the juvenile justice
  578  facility. Educational programs in Juvenile justice education
  579  programs facilities shall have access to the substitute teacher
  580  pool used utilized by the district school board.
  581         (12)(11) District school boards may contract with a private
  582  provider for the provision of education educational programs to
  583  students youths placed with the Department of Juvenile Justice
  584  and shall generate local, state, and federal funding, including
  585  funding through the Florida Education Finance Program for such
  586  students. The district school board’s planning and budgeting
  587  process shall include the needs of Department of Juvenile
  588  Justice programs in the district school board’s plan for
  589  expenditures for state categorical and federal funds.
  590         (13)(12)(a) Funding for eligible students enrolled in
  591  juvenile justice education programs shall be provided through
  592  the Florida Education Finance Program as provided in s. 1011.62
  593  and the General Appropriations Act. Funding shall include, at a
  594  minimum:
  595         1. Weighted program funding or the basic amount for current
  596  operation multiplied by the district cost differential as
  597  provided in s. 1011.62(1)(s) and (2);
  598         2. The supplemental allocation for juvenile justice
  599  education as provided in s. 1011.62(10);
  600         3. A proportionate share of the district’s exceptional
  601  student education guaranteed allocation, the supplemental
  602  academic instruction allocation, and the instructional materials
  603  allocation;
  604         4. An amount equivalent to the proportionate share of the
  605  state average potential discretionary local effort for
  606  operations, which shall be determined as follows:
  607         a. If the district levies the maximum discretionary local
  608  effort and the district’s discretionary local effort per FTE is
  609  less than the state average potential discretionary local effort
  610  per FTE, the proportionate share shall include both the
  611  discretionary local effort and the compression supplement per
  612  FTE. If the district’s discretionary local effort per FTE is
  613  greater than the state average per FTE, the proportionate share
  614  shall be equal to the state average; or
  615         b. If the district does not levy the maximum discretionary
  616  local effort and the district’s actual discretionary local
  617  effort per FTE is less than the state average potential
  618  discretionary local effort per FTE, the proportionate share
  619  shall be equal to the district’s actual discretionary local
  620  effort per FTE. If the district’s actual discretionary local
  621  effort per FTE is greater than the state average per FTE, the
  622  proportionate share shall be equal to the state average
  623  potential local effort per FTE; and
  624         5. A proportionate share of the district’s proration to
  625  funds available, if necessary.
  626         (b) Juvenile justice education educational programs to
  627  receive the appropriate FEFP funding for Department of Juvenile
  628  Justice programs shall include those operated through a contract
  629  with the Department of Juvenile Justice and which are under
  630  purview of the Department of Juvenile Justice quality assurance
  631  standards for education.
  632         (c) Consistent with the rules of the State Board of
  633  Education, district school boards are required to request an
  634  alternative FTE survey for Department of Juvenile Justice
  635  programs experiencing fluctuations in student enrollment.
  636         (d) FTE count periods shall be prescribed in rules of the
  637  State Board of Education and shall be the same for programs of
  638  the Department of Juvenile Justice as for other public school
  639  programs. The summer school period for students in Department of
  640  Juvenile Justice programs shall begin on the day immediately
  641  following the end of the regular school year and end on the day
  642  immediately preceding the subsequent regular school year.
  643  Students shall be funded for no more than 25 hours per week of
  644  direct instruction.
  645         (e) Each juvenile justice education program must receive
  646  all federal funds for which the program is eligible.
  647         (14)(13) Each district school board shall negotiate a
  648  cooperative agreement with the Department of Juvenile Justice on
  649  the delivery of educational services to students youths under
  650  the jurisdiction of the Department of Juvenile Justice. Such
  651  agreement must include, but is not limited to:
  652         (a) Roles and responsibilities of each agency, including
  653  the roles and responsibilities of contract providers.
  654         (b) Administrative issues including procedures for sharing
  655  information.
  656         (c) Allocation of resources including maximization of
  657  local, state, and federal funding.
  658         (d) Procedures for educational evaluation for educational
  659  exceptionalities and special needs.
  660         (e) Curriculum and delivery of instruction.
  661         (f) Classroom management procedures and attendance
  662  policies.
  663         (g) Procedures for provision of qualified instructional
  664  personnel, whether supplied by the district school board or
  665  provided under contract by the provider, and for performance of
  666  duties while in a juvenile justice setting.
  667         (h) Provisions for improving skills in teaching and working
  668  with students referred to juvenile justice programs delinquents.
  669         (i) Transition plans for students moving into and out of
  670  juvenile programs facilities.
  671         (j) Procedures and timelines for the timely documentation
  672  of credits earned and transfer of student records.
  673         (k) Methods and procedures for dispute resolution.
  674         (l) Provisions for ensuring the safety of education
  675  personnel and support for the agreed-upon education program.
  676         (m) Strategies for correcting any deficiencies found
  677  through the accountability and evaluation system and student
  678  performance measures quality assurance process.
  679         (15)(14) Nothing in this section or in a cooperative
  680  agreement requires shall be construed to require the district
  681  school board to provide more services than can be supported by
  682  the funds generated by students in the juvenile justice
  683  programs.
  684         (16)(15)(a) The Department of Education, in consultation
  685  with the Department of Juvenile Justice, district school boards,
  686  and providers, shall adopt rules establishing: establish
  687         (a) Objective and measurable student performance measures
  688  to evaluate a student’s educational progress while participating
  689  in a prevention, day treatment, or residential program. The
  690  student performance measures must be based on appropriate
  691  outcomes for all students in juvenile justice education
  692  programs, taking into consideration the student’s length of stay
  693  in the program. Performance measures shall include outcomes that
  694  relate to student achievement of career education goals,
  695  acquisition of employability skills, receipt of a high school
  696  diploma, and grade advancement.
  697         (b) A performance rating system to be used by the
  698  Department of Education to evaluate quality assurance standards
  699  for the delivery of educational services within each of the
  700  juvenile justice programs. The performance rating shall be
  701  primarily based on data regarding student performance as
  702  described in paragraph (a) component of residential and
  703  nonresidential juvenile justice facilities.
  704         (c) The timeframes, procedures, and resources to be used to
  705  improve a low-rated educational program or to terminate or
  706  reassign the program These standards shall rate the district
  707  school board’s performance both as a provider and contractor.
  708  The quality assurance rating for the educational component shall
  709  be disaggregated from the overall quality assurance score and
  710  reported separately.
  711         (d)(b) The Department of Education, in partnership with the
  712  Department of Juvenile Justice, shall develop a comprehensive
  713  accountability and program improvement quality assurance review
  714  process. The accountability and program improvement process
  715  shall be based on student performance measures by type of
  716  program and shall rate education program performance. The
  717  accountability system shall identify and recognize high
  718  performing education programs. The Department of Education, in
  719  partnership with the Department of Juvenile Justice, shall
  720  identify low-performing programs. Low-performing education
  721  programs shall receive an onsite program evaluation from the
  722  Department of Juvenile Justice. School improvement, technical
  723  assistance, or the reassignment of the program shall be based,
  724  in part, on the results of the program evaluation. Through a
  725  corrective action process, low-performing programs must
  726  demonstrate improvement or reassign the program and schedule for
  727  the evaluation of the educational component in juvenile justice
  728  programs. The Department of Juvenile Justice quality assurance
  729  site visit and the education quality assurance site visit shall
  730  be conducted during the same visit.
  731         (c) The Department of Education, in consultation with
  732  district school boards and providers, shall establish minimum
  733  thresholds for the standards and key indicators for educational
  734  programs in juvenile justice facilities. If a district school
  735  board fails to meet the established minimum standards, it will
  736  be given 6 months to achieve compliance with the standards. If
  737  after 6 months, the district school board’s performance is still
  738  below minimum standards, the Department of Education shall
  739  exercise sanctions as prescribed by rules adopted by the State
  740  Board of Education. If a provider, under contract with the
  741  district school board, fails to meet minimum standards, such
  742  failure shall cause the district school board to cancel the
  743  provider’s contract unless the provider achieves compliance
  744  within 6 months or unless there are documented extenuating
  745  circumstances.
  746         (d) The requirements in paragraphs (a), (b), and (c) shall
  747  be implemented to the extent that funds are available.
  748         (17) The department, in collaboration with the Department
  749  of Juvenile Justice, shall collect data and report on
  750  commitment, day treatment, prevention, and detention programs.
  751  The report shall be submitted to the President of the Senate,
  752  the Speaker of the House of Representatives, and the Governor by
  753  February 1 of each year. The report must include, at a minimum:
  754         (a) The number and percentage of students who:
  755         1. Return to an alternative school, middle school, or high
  756  school upon release and the attendance rate of such students
  757  before and after participation in juvenile justice education
  758  programs.
  759         2. Receive a standard high school diploma or a high school
  760  equivalency diploma.
  761         3. Receive industry certification.
  762         4. Receive occupational completion points.
  763         5. Enroll in a postsecondary educational institution.
  764         6. Complete a juvenile justice education program without
  765  reoffending.
  766         7. Reoffend within 1 year after completion of a day
  767  treatment or residential commitment program.
  768         8. Remain employed 1 year after completion of a day
  769  treatment or residential commitment program.
  770         9. Demonstrate learning gains pursuant to paragraph (3)(b).
  771         (b) The following cost data for each juvenile justice
  772  education program:
  773         1. The amount of funding provided by district school boards
  774  to juvenile justice programs and the amount retained for
  775  administration, including documenting the purposes of such
  776  expenses.
  777         2. The status of the development of cooperative agreements.
  778         3. Recommendations for system improvement.
  779         4. Information on the identification of, and services
  780  provided to, exceptional students, to determine whether these
  781  students are properly reported for funding and are appropriately
  782  served.
  783         (18)(16) The district school board shall not be charged any
  784  rent, maintenance, utilities, or overhead on such facilities.
  785  Maintenance, repairs, and remodeling of existing facilities
  786  shall be provided by the Department of Juvenile Justice.
  787         (19)(17) When additional facilities are required, the
  788  district school board and the Department of Juvenile Justice
  789  shall agree on the appropriate site based on the instructional
  790  needs of the students. When the most appropriate site for
  791  instruction is on district school board property, a special
  792  capital outlay request shall be made by the commissioner in
  793  accordance with s. 1013.60. When the most appropriate site is on
  794  state property, state capital outlay funds shall be requested by
  795  the Department of Juvenile Justice provided by s. 216.043 and
  796  shall be submitted as specified by s. 216.023. Any instructional
  797  facility to be built on state property shall have educational
  798  specifications jointly developed by the district school board
  799  and the Department of Juvenile Justice and approved by the
  800  Department of Education. The size of space and occupant design
  801  capacity criteria as provided by State Board of Education rules
  802  shall be used for remodeling or new construction whether
  803  facilities are provided on state property or district school
  804  board property.
  805         (20)(18) The parent of an exceptional student shall have
  806  the due process rights provided for in this chapter.
  807         (19) The Department of Education and the Department of
  808  Juvenile Justice, after consultation with and assistance from
  809  local providers and district school boards, shall report
  810  annually to the Legislature by February 1 on the progress toward
  811  developing effective educational programs for juvenile
  812  delinquents, including the amount of funding provided by
  813  district school boards to juvenile justice programs, the amount
  814  retained for administration including documenting the purposes
  815  for such expenses, the status of the development of cooperative
  816  agreements, the results of the quality assurance reviews
  817  including recommendations for system improvement, and
  818  information on the identification of, and services provided to,
  819  exceptional students in juvenile justice commitment facilities
  820  to determine whether these students are properly reported for
  821  funding and are appropriately served.
  822         (21)(20) The education educational programs at the Arthur
  823  Dozier School for Boys in Jackson County and the Florida School
  824  for Boys in Okeechobee shall be operated by the Department of
  825  Education, either directly or through grants or contractual
  826  agreements with other public or duly accredited education
  827  agencies approved by the Department of Education.
  828         (22)(21) The State Board of Education shall may adopt any
  829  rules necessary to implement the provisions of this section,
  830  including uniform curriculum, funding, and second chance
  831  schools. Such rules must require the minimum amount of paperwork
  832  and reporting.
  833         (23)(22) The Department of Juvenile Justice and the
  834  Department of Education, in consultation with Workforce Florida,
  835  Inc., the statewide Workforce Development Youth Council,
  836  district school boards, Florida College System institutions,
  837  providers, and others, shall jointly develop a multiagency plan
  838  for career education which describes the funding, curriculum,
  839  transfer of credits, goals, and outcome measures for career
  840  education programming in juvenile commitment facilities,
  841  pursuant to s. 985.622. The plan must be reviewed annually.
  842         Section 5. Subsection (3) of section 985.632, Florida
  843  Statutes, is amended to read:
  844         985.632 Quality assurance and cost-effectiveness.—
  845         (3) The department shall annually collect and report cost
  846  data for every program operated or contracted by the department.
  847  The cost data shall conform to a format approved by the
  848  department and the Legislature. Uniform cost data shall be
  849  reported and collected for state-operated and contracted
  850  programs so that comparisons can be made among programs. The
  851  department shall ensure that there is accurate cost accounting
  852  for state-operated services including market-equivalent rent and
  853  other shared cost. The cost of the educational program provided
  854  to a residential facility shall be reported and included in the
  855  cost of a program. The department shall submit an annual cost
  856  report to the President of the Senate, the Speaker of the House
  857  of Representatives, the Minority Leader of each house of the
  858  Legislature, the appropriate substantive and fiscal committees
  859  of each house of the Legislature, and the Governor, no later
  860  than December 1 of each year. Cost-benefit analysis for
  861  educational programs will be developed and implemented in
  862  collaboration with and in cooperation with the Department of
  863  Education, local providers, and local school districts. Cost
  864  data for the report shall include data collected by the
  865  Department of Education for the purposes of preparing the annual
  866  report required by s. 1003.52(17) 1003.52(19).
  867         Section 6. Paragraph (b) of subsection (18) of section
  868  1001.42, Florida Statutes, is amended to read:
  869         1001.42 Powers and duties of district school board.—The
  870  district school board, acting as a board, shall exercise all
  871  powers and perform all duties listed below:
  873  Maintain a state system of school improvement and education
  874  accountability as provided by statute and State Board of
  875  Education rule. This system of school improvement and education
  876  accountability shall be consistent with, and implemented
  877  through, the district’s continuing system of planning and
  878  budgeting required by this section and ss. 1008.385, 1010.01,
  879  and 1011.01. This system of school improvement and education
  880  accountability shall comply with the provisions of ss. 1008.33,
  881  1008.34, 1008.345, and 1008.385 and include the following:
  882         (b) Public disclosure.—The district school board shall
  883  provide information regarding the performance of students and
  884  educational programs as required pursuant to ss. 1008.22 and
  885  1008.385 and implement a system of school reports as required by
  886  statute and State Board of Education rule which shall include
  887  schools operating for the purpose of providing educational
  888  services to students youth in Department of Juvenile Justice
  889  programs, and for those schools, report on the elements
  890  specified in s. 1003.52(16) 1003.52(19). Annual public
  891  disclosure reports shall be in an easy-to-read report card
  892  format and shall include the school’s grade, high school
  893  graduation rate calculated without high school equivalency
  894  examinations GED tests, disaggregated by student ethnicity, and
  895  performance data as specified in state board rule.
  896         Section 7. This act shall take effect July 1, 2014.
  898  ================= T I T L E  A M E N D M E N T ================
  899  And the title is amended as follows:
  900         Delete everything before the enacting clause
  901  and insert:
  902                        A bill to be entitled                      
  903         An act relating to juvenile justice education
  904         programs; amending s. 985.622, F.S.; revising
  905         requirements for the multiagency education plan for
  906         students in juvenile justice education programs,
  907         including virtual education as an option; amending s.
  908         1001.31, F.S.; authorizing instructional personnel at
  909         all juvenile justice facilities to access specific
  910         student records at the district; amending s. 1003.51,
  911         F.S.; revising terminology; revising requirements for
  912         rules to be maintained by the State Board of
  913         Education; providing expectations for effective
  914         education programs for students in Department of
  915         Juvenile Justice programs; revising requirements for
  916         contract and cooperative agreements for the delivery
  917         of appropriate education services to students in
  918         Department of Juvenile Justice programs; requiring the
  919         Department of Education to ensure that juvenile
  920         justice students who are eligible have access to high
  921         school equivalency testing and assist juvenile justice
  922         education programs with becoming high school
  923         equivalency testing centers; revising requirements for
  924         an accountability system for juvenile justice
  925         education programs; revising requirements for district
  926         school boards; amending s. 1003.52, F.S.; revising
  927         requirements for activities to be coordinated by the
  928         coordinators for juvenile justice education programs;
  929         authorizing contracting for educational assessments;
  930         revising requirements for assessments; authorizing
  931         access to local virtual education courses; requiring
  932         that an education program shall be based on each
  933         student’s transition plan and assessed educational
  934         needs; providing requirements for prevention and day
  935         treatment juvenile justice education programs;
  936         requiring progress monitoring plans for all students
  937         not classified as exceptional student education
  938         students; revising requirements for such plans;
  939         requiring that the Department of Education, in
  940         partnership with the Department of Juvenile Justice,
  941         ensure that school districts and juvenile justice
  942         education providers develop individualized transition
  943         plans; providing requirements for such plans;
  944         providing that the Secretary of Juvenile Justice or
  945         the director of a juvenile justice program may request
  946         that a school district teacher’s performance be
  947         reviewed by the district and that the teacher be
  948         reassigned in certain circumstances; requiring the
  949         Department of Education to establish by rule objective
  950         and measurable student performance measures and
  951         program performance ratings; providing requirements
  952         for such ratings; requiring a comprehensive
  953         accountability and program improvement process;
  954         providing requirements for such a process; deleting
  955         provisions for minimum thresholds for the standards
  956         and key indicators for education programs in juvenile
  957         justice facilities; revising data collection and
  958         annual report requirements; deleting provisions
  959         concerning the Arthur Dozier School for Boys;
  960         requiring rulemaking; amending ss. 985.632 and
  961         1001.42, F.S.; revising terminology; revising a cross
  962         reference; providing an effective date.