Florida Senate - 2014                              CS for SB 598
       By the Committee on Criminal Justice; and Senator Bean
       591-03094-14                                           2014598c1
    1                        A bill to be entitled                      
    2         An act relating to juvenile justice education
    3         programs; amending s. 985.622, F.S.; revising
    4         requirements for the multiagency education plan for
    5         students in juvenile justice education programs,
    6         including virtual education as an option; amending s.
    7         1001.31, F.S.; authorizing instructional personnel at
    8         all juvenile justice facilities to access specific
    9         student records at the district; amending s. 1003.51,
   10         F.S.; revising terminology; revising requirements for
   11         rules to be maintained by the State Board of
   12         Education; providing expectations for effective
   13         education programs for students in Department of
   14         Juvenile Justice programs; revising requirements for
   15         contract and cooperative agreements for the delivery
   16         of appropriate education services to students in
   17         Department of Juvenile Justice programs; requiring the
   18         Department of Education to ensure that juvenile
   19         justice students who are eligible have access to high
   20         school equivalency testing and assist juvenile justice
   21         education programs with becoming high school
   22         equivalency testing centers; revising requirements for
   23         an accountability system for juvenile justice
   24         education programs; revising requirements for district
   25         school boards; amending s. 1003.52, F.S.; revising
   26         requirements for activities to be coordinated by the
   27         coordinators for juvenile justice education programs;
   28         authorizing contracting for educational assessments;
   29         revising requirements for assessments; authorizing
   30         access to local virtual education courses; requiring
   31         that an education program shall be based on each
   32         student’s transition plan and assessed educational
   33         needs; providing requirements for prevention and day
   34         treatment juvenile justice education programs;
   35         requiring progress monitoring plans for all students
   36         not classified as exceptional student education
   37         students; revising requirements for such plans;
   38         requiring that the Department of Education, in
   39         partnership with the Department of Juvenile Justice,
   40         ensure that school districts and juvenile justice
   41         education providers develop individualized transition
   42         plans; providing requirements for such plans;
   43         providing that the Secretary of Juvenile Justice or
   44         the director of a juvenile justice program may request
   45         that a school district teacher’s performance be
   46         reviewed by the district and that the teacher be
   47         reassigned in certain circumstances; requiring the
   48         Department of Education to establish by rule objective
   49         and measurable student performance measures and
   50         program performance ratings; providing requirements
   51         for such ratings; requiring a comprehensive
   52         accountability and program improvement process;
   53         providing requirements for such a process; deleting
   54         provisions for minimum thresholds for the standards
   55         and key indicators for education programs in juvenile
   56         justice facilities; revising data collection and
   57         annual report requirements; deleting provisions
   58         concerning the Arthur Dozier School for Boys;
   59         requiring rulemaking; amending ss. 985.632 and
   60         1001.42, F.S.; revising terminology; revising a cross
   61         reference; providing an effective date.
   63  Be It Enacted by the Legislature of the State of Florida:
   65         Section 1. Section 985.622, Florida Statutes, is amended to
   66  read:
   67         985.622 Multiagency plan for career vocational education.—
   68         (1) The Department of Juvenile Justice and the Department
   69  of Education shall, in consultation with the statewide Workforce
   70  Development Youth Council, school districts, providers, and
   71  others, jointly develop a multiagency plan for career vocational
   72  education that establishes the curriculum, goals, and outcome
   73  measures for career vocational programs in juvenile justice
   74  education programs commitment facilities. The plan must be
   75  reviewed annually, revised as appropriate, and include:
   76         (a) Provisions for maximizing appropriate state and federal
   77  funding sources, including funds under the Workforce Investment
   78  Act and the Perkins Act.;
   79         (b) Provisions for eliminating barriers to increasing
   80  occupation-specific job training and high school equivalency
   81  examination preparation opportunities.
   82         (c)(b) The responsibilities of both departments and all
   83  other appropriate entities.; and
   84         (d)(c) A detailed implementation schedule.
   85         (2) The plan must define career vocational programming that
   86  is appropriate based upon:
   87         (a) The age and assessed educational abilities and goals of
   88  the student youth to be served; and
   89         (b) The typical length of stay and custody characteristics
   90  at the juvenile justice education commitment program to which
   91  each student youth is assigned.
   92         (3) The plan must include a definition of career vocational
   93  programming that includes the following classifications of
   94  juvenile justice education programs commitment facilities that
   95  will offer career vocational programming by one of the following
   96  types:
   97         (a) Type 1 A.—Programs that teach personal accountability
   98  skills and behaviors that are appropriate for students youth in
   99  all age groups and ability levels and that lead to work habits
  100  that help maintain employment and living standards.
  101         (b) Type 2 B.—Programs that include Type 1 A program
  102  content and an orientation to the broad scope of career choices,
  103  based upon personal abilities, aptitudes, and interests.
  104  Exploring and gaining knowledge of occupation options and the
  105  level of effort required to achieve them are essential
  106  prerequisites to skill training.
  107         (c) Type 3 C.—Programs that include Type 1 A program
  108  content and the career education vocational competencies or the
  109  prerequisites needed for entry into a specific occupation.
  110         (4) The plan must also address strategies to facilitate
  111  involvement of business and industry in the design, delivery,
  112  and evaluation of career vocational programming in juvenile
  113  justice education commitment facilities and conditional release
  114  programs, including apprenticeship and work experience programs,
  115  mentoring and job shadowing, and other strategies that lead to
  116  postrelease employment. Incentives for business involvement,
  117  such as tax breaks, bonding, and liability limits should be
  118  investigated, implemented where appropriate, or recommended to
  119  the Legislature for consideration.
  120         (5) The plan must also evaluate the effect of students’
  121  mobility between juvenile justice education programs and school
  122  districts on the students’ educational outcomes and whether the
  123  continuity of the students’ education can be better addressed
  124  through virtual education.
  125         (6)(5) The Department of Juvenile Justice and the
  126  Department of Education shall each align its respective agency
  127  policies, practices, technical manuals, contracts, quality
  128  assurance standards, performance-based-budgeting measures, and
  129  outcome measures with the plan in juvenile justice education
  130  programs commitment facilities by July 31, 2015 2001. Each
  131  agency shall provide a report on the implementation of this
  132  section to the Governor, the President of the Senate, and the
  133  Speaker of the House of Representatives by August 31, 2015 2001.
  134         (7)(6) All provider contracts executed by the Department of
  135  Juvenile Justice or the school districts after January 1, 2015
  136  2002, must be aligned with the plan.
  137         (8)(7) The planning and execution of quality assurance
  138  reviews conducted by the Department of Education or the
  139  Department of Juvenile Justice after August 1, 2015 2002, must
  140  be aligned with the plan.
  141         (9)(8) Outcome measures reported by the Department of
  142  Juvenile Justice and the Department of Education for students
  143  youth released on or after January 1, 2016 2002, should include
  144  outcome measures that conform to the plan.
  145         Section 2. Section 1001.31, Florida Statutes, is amended to
  146  read:
  147         1001.31 Scope of district system.—A district school system
  148  shall include all public schools, classes, and courses of
  149  instruction and all services and activities directly related to
  150  education in that district which are under the direction of the
  151  district school officials. A district school system may also
  152  include alternative site schools for disruptive or violent
  153  students youth. Such schools for disruptive or violent students
  154  youth may be funded by each district or provided through
  155  cooperative programs administered by a consortium of school
  156  districts, private providers, state and local law enforcement
  157  agencies, and the Department of Juvenile Justice. Pursuant to
  158  cooperative agreement, a district school system shall provide
  159  instructional personnel at juvenile justice facilities of 50 or
  160  more beds or slots with access to the district school system
  161  database for the purpose of accessing student academic,
  162  immunization, and registration records for students assigned to
  163  the programs. Such access shall be in the same manner as
  164  provided to other schools in the district.
  165         Section 3. Section 1003.51, Florida Statutes, is amended to
  166  read:
  167         1003.51 Other public educational services.—
  168         (1) The general control of other public educational
  169  services shall be vested in the State Board of Education except
  170  as provided in this section herein. The State Board of Education
  171  shall, at the request of the Department of Children and Families
  172  Family Services and the Department of Juvenile Justice, advise
  173  as to standards and requirements relating to education to be met
  174  in all state schools or institutions under their control which
  175  provide educational programs. The Department of Education shall
  176  provide supervisory services for the educational programs of all
  177  such schools or institutions. The direct control of any of these
  178  services provided as part of the district program of education
  179  shall rest with the district school board. These services shall
  180  be supported out of state, district, federal, or other lawful
  181  funds, depending on the requirements of the services being
  182  supported.
  183         (2) The State Board of Education shall adopt rules and
  184  maintain an administrative rule articulating expectations for
  185  effective education programs for students youth in Department of
  186  Juvenile Justice programs, including, but not limited to,
  187  education programs in juvenile justice prevention, day
  188  treatment, residential, commitment and detention facilities. The
  189  rule shall establish articulate policies and standards for
  190  education programs for students youth in Department of Juvenile
  191  Justice programs and shall include the following:
  192         (a) The interagency collaborative process needed to ensure
  193  effective programs with measurable results.
  194         (b) The responsibilities of the Department of Education,
  195  the Department of Juvenile Justice, Workforce Florida, Inc.,
  196  district school boards, and providers of education services to
  197  students youth in Department of Juvenile Justice programs.
  198         (c) Academic expectations.
  199         (d) Career and technical expectations.
  200         (e) Education transition planning and services.
  201         (f)(d) Service delivery options available to district
  202  school boards, including direct service and contracting.
  203         (g)(e) Assessment procedures, which:
  204         1. For prevention, day treatment, and residential programs,
  205  include appropriate academic and career assessments administered
  206  at program entry and exit that are selected by the Department of
  207  Education in partnership with representatives from the
  208  Department of Juvenile Justice, district school boards, and
  209  education providers. Assessments must be completed within the
  210  first 10 school days after a student’s entry into the program.
  211         2. Provide for determination of the areas of academic need
  212  and strategies for appropriate intervention and instruction for
  213  each student in a detention facility within 5 school days after
  214  the student’s entry into the program and administer a research
  215  based assessment that will assist the student in determining his
  216  or her educational and career options and goals within 22 school
  217  days after the student’s entry into the program Require district
  218  school boards to be responsible for ensuring the completion of
  219  the assessment process.
  220         3. Require assessments for students in detention who will
  221  move on to commitment facilities, to be designed to create the
  222  foundation for developing the student’s education program in the
  223  assigned commitment facility.
  224         4. Require assessments of students sent directly to
  225  commitment facilities to be completed within the first 10 school
  226  days of the student’s commitment.
  228  The results of these assessments, together with a portfolio
  229  depicting the student’s academic and career accomplishments,
  230  shall be included in the discharge packet package assembled for
  231  each student youth.
  232         (h)(f) Recommended instructional programs, including, but
  233  not limited to:,
  234         1. Secondary education.
  235         2. High school equivalency examination preparation.
  236         3. Postsecondary education.
  237         4. Career training. and
  238         5. Job preparation.
  239         6. Virtual education that:
  240         a. Provides competency-based instruction that addresses the
  241  unique academic needs of the student through delivery by an
  242  entity accredited by AdvanceED or the Southern Association of
  243  Colleges and Schools.
  244         b. Confers certifications and diplomas.
  245         c. Issues credit that articulates with and transcripts that
  246  are recognized by secondary schools.
  247         d. Allows the student to continue to access and progress
  248  through the program once the student leaves the juvenile justice
  249  system.
  250         (i)(g) Funding requirements, which shall include the
  251  requirement that at least 90 percent of the FEFP funds generated
  252  by students in Department of Juvenile Justice programs or in an
  253  education program for juveniles under s. 985.19 be spent on
  254  instructional costs for those students. One hundred percent of
  255  the formula-based categorical funds generated by students in
  256  Department of Juvenile Justice programs must be spent on
  257  appropriate categoricals such as instructional materials and
  258  public school technology for those students.
  259         (j)(h) Qualifications of instructional staff, procedures
  260  for the selection of instructional staff, and procedures for to
  261  ensure consistent instruction and qualified staff year round.
  262  Qualifications shall include those for career education
  263  instructors, standardized across the state, and shall be based
  264  on state certification, local school district approval, and
  265  industry-recognized credentials or industry training. Procedures
  266  for the use of noncertified instructional personnel who possess
  267  expert knowledge or experience in their fields of instruction
  268  shall be established.
  269         (k)(i) Transition services, including the roles and
  270  responsibilities of appropriate personnel in the juvenile
  271  justice education program, the school district where the student
  272  will reenter districts, provider organizations, and the
  273  Department of Juvenile Justice.
  274         (l)(j) Procedures and timeframe for transfer of education
  275  records when a student youth enters and leaves a Department of
  276  Juvenile Justice education program facility.
  277         (m)(k) The requirement that each district school board
  278  maintain an academic transcript for each student enrolled in a
  279  juvenile justice education program facility that delineates each
  280  course completed by the student as provided by the State Course
  281  Code Directory.
  282         (n)(l) The requirement that each district school board make
  283  available and transmit a copy of a student’s transcript in the
  284  discharge packet when the student exits a juvenile justice
  285  education program facility.
  286         (o)(m) Contract requirements.
  287         (p)(n) Performance expectations for providers and district
  288  school boards, including student performance measures by type of
  289  program, education program performance ratings, school
  290  improvement, and corrective action plans for low-performing
  291  programs the provision of a progress monitoring plan as required
  292  in s. 1008.25.
  293         (q)(o) The role and responsibility of the district school
  294  board in securing workforce development funds.
  295         (r)(p) A series of graduated sanctions for district school
  296  boards whose educational programs in Department of Juvenile
  297  Justice programs facilities are considered to be unsatisfactory
  298  and for instances in which district school boards fail to meet
  299  standards prescribed by law, rule, or State Board of Education
  300  policy. These sanctions shall include the option of requiring a
  301  district school board to contract with a provider or another
  302  district school board if the educational program at the
  303  Department of Juvenile Justice program is performing below
  304  minimum standards facility has failed a quality assurance review
  305  and, after 6 months, is still performing below minimum
  306  standards.
  307         (s) Curriculum, guidance counseling, transition, and
  308  education services expectations, including curriculum
  309  flexibility for detention centers operated by the Department of
  310  Juvenile Justice.
  311         (t)(q) Other aspects of program operations.
  312         (3) The Department of Education in partnership with the
  313  Department of Juvenile Justice, the district school boards, and
  314  providers shall:
  315         (a) Develop and implement requirements for contracts and
  316  cooperative agreements regarding Maintain model contracts for
  317  the delivery of appropriate education services to students youth
  318  in Department of Juvenile Justice programs to be used for the
  319  development of future contracts. The minimum contract
  320  requirements shall include, but are not limited to, payment
  321  structure and amounts; access to district services; contract
  322  management provisions; data reporting requirements, including
  323  reporting of full-time equivalent student membership;
  324  administration of federal programs such as Title I, exceptional
  325  student education, and the Carl D. Perkins Career and Technical
  326  Education Act of 2006; and model contracts shall reflect the
  327  policy and standards included in subsection (2). The Department
  328  of Education shall ensure that appropriate district school board
  329  personnel are trained and held accountable for the management
  330  and monitoring of contracts for education programs for youth in
  331  juvenile justice residential and nonresidential facilities.
  332         (b) Develop and implement Maintain model procedures for
  333  transitioning students youth into and out of Department of
  334  Juvenile Justice education programs. These procedures shall
  335  reflect the policy and standards adopted pursuant to subsection
  336  (2).
  337         (c) Maintain standardized required content of education
  338  records to be included as part of a student’s youth’s commitment
  339  record and procedures for securing the student’s records. The
  340  education records These requirements shall reflect the policy
  341  and standards adopted pursuant to subsection (2) and shall
  342  include, but not be limited to, the following:
  343         1. A copy of the student’s individual educational plan.
  344         2. A copy of the student’s individualized progress
  345  monitoring plan.
  346         3. A copy of the student’s individualized transition plan.
  347         4.2. Data on student performance on assessments taken
  348  according to s. 1008.22.
  349         5.3. A copy of the student’s permanent cumulative record.
  350         6.4. A copy of the student’s academic transcript.
  351         7.5. A portfolio reflecting the student’s youth’s academic
  352  and career and technical accomplishments, when age appropriate,
  353  while in the Department of Juvenile Justice program.
  354         (d) Establish Maintain model procedures for securing the
  355  education record and the roles and responsibilities of the
  356  juvenile probation officer and others involved in the withdrawal
  357  of the student from school and assignment to a juvenile justice
  358  education program commitment or detention facility. District
  359  school boards shall respond to requests for student education
  360  records received from another district school board or a
  361  juvenile justice facility within 5 working days after receiving
  362  the request.
  363         (4) Each The Department of Education shall ensure that
  364  district school board shall: boards
  365         (a) Notify students in juvenile justice education programs
  366  residential or nonresidential facilities who attain the age of
  367  16 years of the provisions of law regarding compulsory school
  368  attendance and make available the option of enrolling in a
  369  program to attain a Florida high school diploma by taking the
  370  high school equivalency examination before General Educational
  371  Development test prior to release from the program facility. The
  372  Department of Education shall assist juvenile justice education
  373  programs with becoming high school equivalency examination
  374  centers District school boards or Florida College System
  375  institutions, or both, shall waive GED testing fees for youth in
  376  Department of Juvenile Justice residential programs and shall,
  377  upon request, designate schools operating for the purpose of
  378  providing educational services to youth in Department of
  379  Juvenile Justice programs as GED testing centers, subject to GED
  380  testing center requirements. The administrative fees for the
  381  General Educational Development test required by the Department
  382  of Education are the responsibility of district school boards
  383  and may be required of providers by contractual agreement.
  384         (b) Respond to requests for student education records
  385  received from another district school board or a juvenile
  386  justice education program within 5 working days after receiving
  387  the request.
  388         (c) Provide access to courses offered pursuant to ss.
  389  1002.37, 1002.45, and 1003.498. School districts and providers
  390  may enter into cooperative agreements for the provision of
  391  curriculum associated with courses offered pursuant to s.
  392  1003.498 to enable providers to offer such courses.
  393         (d) Complete the assessment process required by subsection
  394  (2).
  395         (e) Monitor compliance with contracts for education
  396  programs for students in juvenile justice prevention, day
  397  treatment, residential, and detention programs.
  398         (5) The Department of Education shall establish and
  399  operate, either directly or indirectly through a contract, a
  400  mechanism to provide accountability measures that annually
  401  assesses and evaluates all juvenile justice education programs
  402  using student performance data and program performance ratings
  403  by type of program quality assurance reviews of all juvenile
  404  justice education programs and shall provide technical
  405  assistance and related research to district school boards and
  406  juvenile justice education providers on how to establish,
  407  develop, and operate educational programs that exceed the
  408  minimum quality assurance standards. The Department of
  409  Education, with input from the Department of Juvenile Justice,
  410  school districts, and education providers shall develop annual
  411  recommendations for system and school improvement.
  412         Section 4. Section 1003.52, Florida Statutes, is amended to
  413  read:
  414         1003.52 Educational services in Department of Juvenile
  415  Justice programs.—
  416         (1) The Legislature finds that education is the single most
  417  important factor in the rehabilitation of adjudicated delinquent
  418  youth in the custody of Department of Juvenile Justice programs.
  419  It is the goal of the Legislature that youth in the juvenile
  420  justice system continue to be allowed the opportunity to obtain
  421  a high quality education. The Department of Education shall
  422  serve as the lead agency for juvenile justice education
  423  programs, curriculum, support services, and resources. To this
  424  end, the Department of Education and the Department of Juvenile
  425  Justice shall each designate a Coordinator for Juvenile Justice
  426  Education Programs to serve as the point of contact for
  427  resolving issues not addressed by district school boards and to
  428  provide each department’s participation in the following
  429  activities:
  430         (a) Training, collaborating, and coordinating with the
  431  Department of Juvenile Justice, district school boards, local
  432  workforce boards and youth councils, educational contract
  433  providers, and juvenile justice providers, whether state
  434  operated or contracted.
  435         (b) Collecting information on the academic, career
  436  education, and transition performance of students in juvenile
  437  justice programs and reporting on the results.
  438         (c) Developing academic and career education protocols that
  439  provide guidance to district school boards and juvenile justice
  440  education providers in all aspects of education programming,
  441  including records transfer and transition.
  442         (d) Implementing a joint accountability, program
  443  performance, and program improvement process Prescribing the
  444  roles of program personnel and interdepartmental district school
  445  board or provider collaboration strategies.
  447  Annually, a cooperative agreement and plan for juvenile justice
  448  education service enhancement shall be developed between the
  449  Department of Juvenile Justice and the Department of Education
  450  and submitted to the Secretary of Juvenile Justice and the
  451  Commissioner of Education by June 30. The plan shall include, at
  452  a minimum, each agency’s role regarding educational program
  453  accountability, technical assistance, training, and coordination
  454  of services.
  455         (2) Students participating in Department of Juvenile
  456  Justice programs pursuant to chapter 985 which are sponsored by
  457  a community-based agency or are operated or contracted for by
  458  the Department of Juvenile Justice shall receive education
  459  educational programs according to rules of the State Board of
  460  Education. These students shall be eligible for services
  461  afforded to students enrolled in programs pursuant to s. 1003.53
  462  and all corresponding State Board of Education rules.
  463         (3) The district school board of the county in which the
  464  juvenile justice education prevention, day treatment,
  465  residential, or detention program residential or nonresidential
  466  care facility or juvenile assessment facility is located shall
  467  provide or contract for appropriate educational assessments and
  468  an appropriate program of instruction and special education
  469  services.
  470         (a) The district school board shall make provisions for
  471  each student to participate in basic, career education, and
  472  exceptional student programs as appropriate. Students served in
  473  Department of Juvenile Justice programs shall have access to the
  474  appropriate courses and instruction to prepare them for the high
  475  school equivalency examination GED test. Students participating
  476  in high school equivalency examination GED preparation programs
  477  shall be funded at the basic program cost factor for Department
  478  of Juvenile Justice programs in the Florida Education Finance
  479  Program. Each program shall be conducted according to applicable
  480  law providing for the operation of public schools and rules of
  481  the State Board of Education. School districts shall provide the
  482  high school equivalency examination GED exit option for all
  483  juvenile justice programs.
  484         (b) By October 1, 2004, The Department of Education, with
  485  the assistance of the school districts and juvenile justice
  486  education providers, shall select a common student assessment
  487  instrument and protocol for measuring student learning gains and
  488  student progression while a student is in a juvenile justice
  489  education program. The Department of Education and Department of
  490  Juvenile Justice shall jointly review the effectiveness of this
  491  assessment and implement changes as necessary The assessment
  492  instrument and protocol must be implemented in all juvenile
  493  justice education programs in this state by January 1, 2005.
  494         (4) Educational services shall be provided at times of the
  495  day most appropriate for the juvenile justice program. School
  496  programming in juvenile justice detention, prevention, day
  497  treatment, and residential commitment, and rehabilitation
  498  programs shall be made available by the local school district
  499  during the juvenile justice school year, as provided defined in
  500  s. 1003.01(11). In addition, students in juvenile justice
  501  education programs shall have access to courses offered pursuant
  502  to ss. 1002.37, 1002.45, and 1003.498 Florida Virtual School
  503  courses. The Department of Education and the school districts
  504  shall adopt policies necessary to provide ensure such access.
  505         (5) The educational program shall provide instruction based
  506  on each student’s individualized transition plan, assessed
  507  educational needs, and the education programs available in the
  508  school district in which the student will return. Depending on
  509  the student’s needs, educational programming may consist of
  510  remedial courses, consist of appropriate basic academic courses
  511  required for grade advancement, career education courses, high
  512  school equivalency examination preparation, or exceptional
  513  student education curricula and related services which support
  514  the transition treatment goals and reentry and which may lead to
  515  completion of the requirements for receipt of a high school
  516  diploma or its equivalent. Prevention and day treatment juvenile
  517  justice education programs, at a minimum, shall provide career
  518  readiness and exploration opportunities as well as truancy and
  519  dropout prevention intervention services. Residential juvenile
  520  justice education programs with a contracted minimum length of
  521  stay of 9 months shall provide career education courses that
  522  lead to preapprentice certifications, industry certifications,
  523  occupational completion points, or work-related certifications.
  524  Residential programs with contracted lengths of stay of less
  525  than 9 months may provide career education courses that lead to
  526  preapprentice certifications, industry certifications,
  527  occupational completion points, or work-related certifications.
  528  If the duration of a program is less than 40 days, the
  529  educational component may be limited to tutorial remediation
  530  activities, and career employability skills instruction,
  531  education counseling, and transition services that prepare
  532  students for a return to school, the community, and their home
  533  settings based on the students’ needs.
  534         (6) Participation in the program by students of compulsory
  535  school-attendance age as provided for in s. 1003.21 shall be
  536  mandatory. All students of noncompulsory school-attendance age
  537  who have not received a high school diploma or its equivalent
  538  shall participate in the educational program, unless the student
  539  files a formal declaration of his or her intent to terminate
  540  school enrollment as described in s. 1003.21 and is afforded the
  541  opportunity to take the general educational development test and
  542  attain a Florida high school diploma before prior to release
  543  from a juvenile justice education program facility. A student
  544  youth who has received a high school diploma or its equivalent
  545  and is not employed shall participate in workforce development
  546  or other career or technical education or Florida College System
  547  institution or university courses while in the program, subject
  548  to available funding.
  549         (7) An individualized A progress monitoring plan shall be
  550  developed for all students not classified as exceptional
  551  education students upon entry in a juvenile justice education
  552  program and upon reentry in the school district who score below
  553  the level specified in district school board policy in reading,
  554  writing, and mathematics or below the level specified by the
  555  Commissioner of Education on statewide assessments as required
  556  by s. 1008.25. These plans shall address academic, literacy, and
  557  career and technical life skills and shall include provisions
  558  for intensive remedial instruction in the areas of weakness.
  559         (8) Each district school board shall maintain an academic
  560  record for each student enrolled in a juvenile justice program
  561  facility as prescribed by s. 1003.51. Such record shall
  562  delineate each course completed by the student according to
  563  procedures in the State Course Code Directory. The district
  564  school board shall include a copy of a student’s academic record
  565  in the discharge packet when the student exits the program
  566  facility.
  567         (9) Each The Department of Education shall ensure that all
  568  district school board shall boards make provisions for high
  569  school level students youth to earn credits toward high school
  570  graduation while in residential and nonresidential juvenile
  571  justice programs facilities. Provisions must be made for the
  572  transfer of credits and partial credits earned.
  573         (10) School districts and juvenile justice education
  574  providers shall develop individualized transition plans during
  575  the course of a student’s stay in a juvenile justice education
  576  program to coordinate academic, career and technical, and
  577  secondary and postsecondary services that assist the student in
  578  successful community reintegration upon release. Development of
  579  the transition plan shall be a collaboration of the personnel in
  580  the juvenile justice education program, reentry personnel,
  581  personnel from the school district where the student will
  582  return, the student, the student’s family, and Department of
  583  Juvenile Justice personnel for committed students.
  584         (a) Transition planning must begin upon a student’s
  585  placement in the program. The transition plan must include, at a
  586  minimum:
  587         1. Services and interventions that address the student’s
  588  assessed educational needs and postrelease education plans.
  589         2. Services to be provided during the program stay and
  590  services to be implemented upon release, including, but not
  591  limited to, continuing education in secondary school, career and
  592  technical programs, postsecondary education, or employment,
  593  based on the student’s needs.
  594         3. Specific monitoring responsibilities to determine
  595  whether the individualized transition plan is being implemented
  596  and the student is provided access to support services that will
  597  sustain the student’s success by individuals who are responsible
  598  for the reintegration and coordination of these activities.
  599         (b) For the purpose of transition planning and reentry
  600  services, representatives from the school district and the one
  601  stop center where the student will return shall participate as
  602  members of the local Department of Juvenile Justice reentry
  603  teams. The school district, upon return of a student from a
  604  juvenile justice education program, must consider the individual
  605  needs and circumstances of the student and the transition plan
  606  recommendations when reenrolling a student in a public school. A
  607  local school district may not maintain a standardized policy for
  608  all students returning from a juvenile justice program but place
  609  students based on their needs and their performance in the
  610  program.
  611         (c) The Department of Education and the Department of
  612  Juvenile Justice shall provide oversight and guidance to school
  613  districts, education providers, and reentry personnel on how to
  614  implement effective educational transition planning and
  615  services.
  616         (11)(10) The district school board shall recruit and train
  617  teachers who are interested, qualified, or experienced in
  618  educating students in juvenile justice programs. Students in
  619  juvenile justice programs shall be provided a wide range of
  620  education educational programs and opportunities including
  621  textbooks, technology, instructional support, and other
  622  resources commensurate with resources provided available to
  623  students in public schools, including textbooks and access to
  624  technology. If the district school board operates a juvenile
  625  justice education program at a juvenile justice facility, the
  626  district school board, in consultation with the director of the
  627  juvenile justice facility, shall select the instructional
  628  personnel assigned to that program. The Secretary of Juvenile
  629  Justice or the director of a juvenile justice program may
  630  request that the performance of a teacher assigned by the
  631  district to a juvenile justice education program be reviewed by
  632  the district and that the teacher be reassigned based upon an
  633  evaluation conducted pursuant to s. 1012.34 or for inappropriate
  634  behavior Teachers assigned to educational programs in juvenile
  635  justice settings in which the district school board operates the
  636  educational program shall be selected by the district school
  637  board in consultation with the director of the juvenile justice
  638  facility. Educational programs in Juvenile justice education
  639  programs facilities shall have access to the substitute teacher
  640  pool used utilized by the district school board.
  641         (12)(11) District school boards may contract with a private
  642  provider for the provision of education educational programs to
  643  students youths placed with the Department of Juvenile Justice
  644  and shall generate local, state, and federal funding, including
  645  funding through the Florida Education Finance Program for such
  646  students. The district school board’s planning and budgeting
  647  process shall include the needs of Department of Juvenile
  648  Justice programs in the district school board’s plan for
  649  expenditures for state categorical and federal funds.
  650         (13)(12)(a) Funding for eligible students enrolled in
  651  juvenile justice education programs shall be provided through
  652  the Florida Education Finance Program as provided in s. 1011.62
  653  and the General Appropriations Act. Funding shall include, at a
  654  minimum:
  655         1. Weighted program funding or the basic amount for current
  656  operation multiplied by the district cost differential as
  657  provided in s. 1011.62(1)(s) and (2);
  658         2. The supplemental allocation for juvenile justice
  659  education as provided in s. 1011.62(10);
  660         3. A proportionate share of the district’s exceptional
  661  student education guaranteed allocation, the supplemental
  662  academic instruction allocation, and the instructional materials
  663  allocation;
  664         4. An amount equivalent to the proportionate share of the
  665  state average potential discretionary local effort for
  666  operations, which shall be determined as follows:
  667         a. If the district levies the maximum discretionary local
  668  effort and the district’s discretionary local effort per FTE is
  669  less than the state average potential discretionary local effort
  670  per FTE, the proportionate share shall include both the
  671  discretionary local effort and the compression supplement per
  672  FTE. If the district’s discretionary local effort per FTE is
  673  greater than the state average per FTE, the proportionate share
  674  shall be equal to the state average; or
  675         b. If the district does not levy the maximum discretionary
  676  local effort and the district’s actual discretionary local
  677  effort per FTE is less than the state average potential
  678  discretionary local effort per FTE, the proportionate share
  679  shall be equal to the district’s actual discretionary local
  680  effort per FTE. If the district’s actual discretionary local
  681  effort per FTE is greater than the state average per FTE, the
  682  proportionate share shall be equal to the state average
  683  potential local effort per FTE; and
  684         5. A proportionate share of the district’s proration to
  685  funds available, if necessary.
  686         (b) Juvenile justice education educational programs to
  687  receive the appropriate FEFP funding for Department of Juvenile
  688  Justice programs shall include those operated through a contract
  689  with the Department of Juvenile Justice and which are under
  690  purview of the Department of Juvenile Justice quality assurance
  691  standards for education.
  692         (c) Consistent with the rules of the State Board of
  693  Education, district school boards are required to request an
  694  alternative FTE survey for Department of Juvenile Justice
  695  programs experiencing fluctuations in student enrollment.
  696         (d) FTE count periods shall be prescribed in rules of the
  697  State Board of Education and shall be the same for programs of
  698  the Department of Juvenile Justice as for other public school
  699  programs. The summer school period for students in Department of
  700  Juvenile Justice programs shall begin on the day immediately
  701  following the end of the regular school year and end on the day
  702  immediately preceding the subsequent regular school year.
  703  Students shall be funded for no more than 25 hours per week of
  704  direct instruction.
  705         (e) Each juvenile justice education program must receive
  706  all federal funds for which the program is eligible.
  707         (14)(13) Each district school board shall negotiate a
  708  cooperative agreement with the Department of Juvenile Justice on
  709  the delivery of educational services to students youths under
  710  the jurisdiction of the Department of Juvenile Justice. Such
  711  agreement must include, but is not limited to:
  712         (a) Roles and responsibilities of each agency, including
  713  the roles and responsibilities of contract providers.
  714         (b) Administrative issues including procedures for sharing
  715  information.
  716         (c) Allocation of resources including maximization of
  717  local, state, and federal funding.
  718         (d) Procedures for educational evaluation for educational
  719  exceptionalities and special needs.
  720         (e) Curriculum and delivery of instruction.
  721         (f) Classroom management procedures and attendance
  722  policies.
  723         (g) Procedures for provision of qualified instructional
  724  personnel, whether supplied by the district school board or
  725  provided under contract by the provider, and for performance of
  726  duties while in a juvenile justice setting.
  727         (h) Provisions for improving skills in teaching and working
  728  with students referred to juvenile justice programs delinquents.
  729         (i) Transition plans for students moving into and out of
  730  juvenile programs facilities.
  731         (j) Procedures and timelines for the timely documentation
  732  of credits earned and transfer of student records.
  733         (k) Methods and procedures for dispute resolution.
  734         (l) Provisions for ensuring the safety of education
  735  personnel and support for the agreed-upon education program.
  736         (m) Strategies for correcting any deficiencies found
  737  through the accountability and evaluation system and student
  738  performance measures quality assurance process.
  739         (15)(14) Nothing in this section or in a cooperative
  740  agreement requires shall be construed to require the district
  741  school board to provide more services than can be supported by
  742  the funds generated by students in the juvenile justice
  743  programs.
  744         (16)(15)(a) The Department of Education, in consultation
  745  with the Department of Juvenile Justice, district school boards,
  746  and providers, shall adopt rules establishing: establish
  747         (a) Objective and measurable student performance measures
  748  to evaluate a student’s educational progress while participating
  749  in a prevention, day treatment, or residential program. The
  750  student performance measures must be based on appropriate
  751  outcomes for all students in juvenile justice education
  752  programs, taking into consideration the student’s length of stay
  753  in the program. Performance measures shall include outcomes that
  754  relate to student achievement of career education goals,
  755  acquisition of employability skills, receipt of a high school
  756  diploma, and grade advancement.
  757         (b) A performance rating system to be used by the
  758  Department of Education to evaluate quality assurance standards
  759  for the delivery of educational services within each of the
  760  juvenile justice programs. The performance rating shall be
  761  primarily based on data regarding student performance as
  762  described in paragraph (a) component of residential and
  763  nonresidential juvenile justice facilities.
  764         (c) The timeframes, procedures, and resources to be used to
  765  improve a low-rated educational program or to terminate or
  766  reassign the program These standards shall rate the district
  767  school board’s performance both as a provider and contractor.
  768  The quality assurance rating for the educational component shall
  769  be disaggregated from the overall quality assurance score and
  770  reported separately.
  771         (d)(b) The Department of Education, in partnership with the
  772  Department of Juvenile Justice, shall develop a comprehensive
  773  accountability and program improvement quality assurance review
  774  process. The accountability and program improvement process
  775  shall be based on student performance measures by type of
  776  program and shall rate education program performance. The
  777  accountability system shall identify and recognize high
  778  performing education programs. The Department of Education, in
  779  partnership with the Department of Juvenile Justice, shall
  780  identify low-performing programs. Low-performing education
  781  programs shall receive an onsite program evaluation from the
  782  Department of Juvenile Justice. School improvement, technical
  783  assistance, or the reassignment of the program shall be based,
  784  in part, on the results of the program evaluation. Through a
  785  corrective action process, low-performing programs must
  786  demonstrate improvement or reassign the program and schedule for
  787  the evaluation of the educational component in juvenile justice
  788  programs. The Department of Juvenile Justice quality assurance
  789  site visit and the education quality assurance site visit shall
  790  be conducted during the same visit.
  791         (c) The Department of Education, in consultation with
  792  district school boards and providers, shall establish minimum
  793  thresholds for the standards and key indicators for educational
  794  programs in juvenile justice facilities. If a district school
  795  board fails to meet the established minimum standards, it will
  796  be given 6 months to achieve compliance with the standards. If
  797  after 6 months, the district school board’s performance is still
  798  below minimum standards, the Department of Education shall
  799  exercise sanctions as prescribed by rules adopted by the State
  800  Board of Education. If a provider, under contract with the
  801  district school board, fails to meet minimum standards, such
  802  failure shall cause the district school board to cancel the
  803  provider’s contract unless the provider achieves compliance
  804  within 6 months or unless there are documented extenuating
  805  circumstances.
  806         (d) The requirements in paragraphs (a), (b), and (c) shall
  807  be implemented to the extent that funds are available.
  808         (17) The department, in collaboration with the Department
  809  of Juvenile Justice, shall collect data and report on
  810  commitment, day treatment, prevention, and detention programs.
  811  The report shall be submitted to the President of the Senate,
  812  the Speaker of the House of Representatives, and the Governor by
  813  February 1 of each year. The report must include, at a minimum:
  814         (a) The number and percentage of students who:
  815         1. Return to an alternative school, middle school, or high
  816  school upon release and the attendance rate of such students
  817  before and after participation in juvenile justice education
  818  programs.
  819         2. Receive a standard high school diploma or a high school
  820  equivalency diploma.
  821         3. Receive industry certification.
  822         4. Receive occupational completion points.
  823         5. Enroll in a postsecondary educational institution.
  824         6. Complete a juvenile justice education program without
  825  reoffending.
  826         7. Reoffend within 1 year after completion of a day
  827  treatment or residential commitment program.
  828         8. Remain employed 1 year after completion of a day
  829  treatment or residential commitment program.
  830         9. Demonstrate learning gains pursuant to paragraph (3)(b).
  831         (b) The following cost data for each juvenile justice
  832  education program:
  833         1. The amount of funding provided by district school boards
  834  to juvenile justice programs and the amount retained for
  835  administration, including documenting the purposes of such
  836  expenses.
  837         2. The status of the development of cooperative agreements.
  838         3. Recommendations for system improvement.
  839         4. Information on the identification of, and services
  840  provided to, exceptional students, to determine whether these
  841  students are properly reported for funding and are appropriately
  842  served.
  843         (18)(16) The district school board shall not be charged any
  844  rent, maintenance, utilities, or overhead on such facilities.
  845  Maintenance, repairs, and remodeling of existing facilities
  846  shall be provided by the Department of Juvenile Justice.
  847         (19)(17) When additional facilities are required, the
  848  district school board and the Department of Juvenile Justice
  849  shall agree on the appropriate site based on the instructional
  850  needs of the students. When the most appropriate site for
  851  instruction is on district school board property, a special
  852  capital outlay request shall be made by the commissioner in
  853  accordance with s. 1013.60. When the most appropriate site is on
  854  state property, state capital outlay funds shall be requested by
  855  the Department of Juvenile Justice provided by s. 216.043 and
  856  shall be submitted as specified by s. 216.023. Any instructional
  857  facility to be built on state property shall have educational
  858  specifications jointly developed by the district school board
  859  and the Department of Juvenile Justice and approved by the
  860  Department of Education. The size of space and occupant design
  861  capacity criteria as provided by State Board of Education rules
  862  shall be used for remodeling or new construction whether
  863  facilities are provided on state property or district school
  864  board property.
  865         (20)(18) The parent of an exceptional student shall have
  866  the due process rights provided for in this chapter.
  867         (19) The Department of Education and the Department of
  868  Juvenile Justice, after consultation with and assistance from
  869  local providers and district school boards, shall report
  870  annually to the Legislature by February 1 on the progress toward
  871  developing effective educational programs for juvenile
  872  delinquents, including the amount of funding provided by
  873  district school boards to juvenile justice programs, the amount
  874  retained for administration including documenting the purposes
  875  for such expenses, the status of the development of cooperative
  876  agreements, the results of the quality assurance reviews
  877  including recommendations for system improvement, and
  878  information on the identification of, and services provided to,
  879  exceptional students in juvenile justice commitment facilities
  880  to determine whether these students are properly reported for
  881  funding and are appropriately served.
  882         (21)(20) The education educational programs at the Arthur
  883  Dozier School for Boys in Jackson County and the Florida School
  884  for Boys in Okeechobee shall be operated by the Department of
  885  Education, either directly or through grants or contractual
  886  agreements with other public or duly accredited education
  887  agencies approved by the Department of Education.
  888         (22)(21) The State Board of Education shall may adopt any
  889  rules necessary to implement the provisions of this section,
  890  including uniform curriculum, funding, and second chance
  891  schools. Such rules must require the minimum amount of paperwork
  892  and reporting.
  893         (23)(22) The Department of Juvenile Justice and the
  894  Department of Education, in consultation with Workforce Florida,
  895  Inc., the statewide Workforce Development Youth Council,
  896  district school boards, Florida College System institutions,
  897  providers, and others, shall jointly develop a multiagency plan
  898  for career education which describes the funding, curriculum,
  899  transfer of credits, goals, and outcome measures for career
  900  education programming in juvenile commitment facilities,
  901  pursuant to s. 985.622. The plan must be reviewed annually.
  902         Section 5. Subsection (3) of section 985.632, Florida
  903  Statutes, is amended to read:
  904         985.632 Quality assurance and cost-effectiveness.—
  905         (3) The department shall annually collect and report cost
  906  data for every program operated or contracted by the department.
  907  The cost data shall conform to a format approved by the
  908  department and the Legislature. Uniform cost data shall be
  909  reported and collected for state-operated and contracted
  910  programs so that comparisons can be made among programs. The
  911  department shall ensure that there is accurate cost accounting
  912  for state-operated services including market-equivalent rent and
  913  other shared cost. The cost of the educational program provided
  914  to a residential facility shall be reported and included in the
  915  cost of a program. The department shall submit an annual cost
  916  report to the President of the Senate, the Speaker of the House
  917  of Representatives, the Minority Leader of each house of the
  918  Legislature, the appropriate substantive and fiscal committees
  919  of each house of the Legislature, and the Governor, no later
  920  than December 1 of each year. Cost-benefit analysis for
  921  educational programs will be developed and implemented in
  922  collaboration with and in cooperation with the Department of
  923  Education, local providers, and local school districts. Cost
  924  data for the report shall include data collected by the
  925  Department of Education for the purposes of preparing the annual
  926  report required by s. 1003.52(17) 1003.52(19).
  927         Section 6. Paragraph (b) of subsection (18) of section
  928  1001.42, Florida Statutes, is amended to read:
  929         1001.42 Powers and duties of district school board.—The
  930  district school board, acting as a board, shall exercise all
  931  powers and perform all duties listed below:
  933  Maintain a state system of school improvement and education
  934  accountability as provided by statute and State Board of
  935  Education rule. This system of school improvement and education
  936  accountability shall be consistent with, and implemented
  937  through, the district’s continuing system of planning and
  938  budgeting required by this section and ss. 1008.385, 1010.01,
  939  and 1011.01. This system of school improvement and education
  940  accountability shall comply with the provisions of ss. 1008.33,
  941  1008.34, 1008.345, and 1008.385 and include the following:
  942         (b) Public disclosure.—The district school board shall
  943  provide information regarding the performance of students and
  944  educational programs as required pursuant to ss. 1008.22 and
  945  1008.385 and implement a system of school reports as required by
  946  statute and State Board of Education rule which shall include
  947  schools operating for the purpose of providing educational
  948  services to students youth in Department of Juvenile Justice
  949  programs, and for those schools, report on the elements
  950  specified in s. 1003.52(16) 1003.52(19). Annual public
  951  disclosure reports shall be in an easy-to-read report card
  952  format and shall include the school’s grade, high school
  953  graduation rate calculated without high school equivalency
  954  examinations GED tests, disaggregated by student ethnicity, and
  955  performance data as specified in state board rule.
  956         Section 7. This act shall take effect July 1, 2014.