Florida Senate - 2021                                     SB 486
       By Senator Bradley
       5-00790-21                                             2021486__
    1                        A bill to be entitled                      
    2         An act relating to juvenile justice education
    3         programs; amending s. 1003.01, F.S.; redefining the
    4         term “juvenile justice education programs or schools”;
    5         amending s. 1003.51, F.S.; increasing the percentage
    6         of certain funds that must be spent on specified
    7         costs; clarifying that Department of Juvenile Justice
    8         education programs are entitled to certain funds;
    9         requiring such funds to be spent in a certain manner;
   10         amending 1003.52, F.S.; requiring that contracts
   11         between district school boards and juvenile justice
   12         education programs be in writing; requiring that
   13         district school boards provide proposed contracts to
   14         juvenile justice education programs by a specified
   15         date; providing a timeframe within which district
   16         school boards and juvenile justice education programs
   17         must negotiate and execute their contracts;
   18         authorizing an extension of time; requiring the
   19         Department of Education to provide mediation services
   20         for certain disputes; requiring district school boards
   21         satisfy certain invoices within a specified timeframe;
   22         requiring district school boards that fail to timely
   23         issue a warrant for payment to also pay interest at a
   24         specified rate to the juvenile justice education
   25         program; prohibiting school boards from delaying
   26         certain payments pending receipt of local funds;
   27         conforming a cross-reference; providing an effective
   28         date.
   30  Be It Enacted by the Legislature of the State of Florida:
   32         Section 1. Paragraph (a) of subsection (11) of section
   33  1003.01, Florida Statutes, is amended to read:
   34         1003.01 Definitions.—As used in this chapter, the term:
   35         (11)(a) “Juvenile justice education programs or schools”
   36  means programs or schools operating for the purpose of providing
   37  educational services to youth in Department of Juvenile Justice
   38  programs, for a school year composed comprised of 250 days of
   39  instruction, or the equivalent expressed in hours as specified
   40  in State Board of Education rule, distributed over 12 months. If
   41  the period of operation is expressed in hours, the State Board
   42  of Education must review the calculation annually. At the
   43  request of the provider, a district school board may decrease
   44  the minimum number of days or hours, as applicable, of
   45  instruction by up to 10 days or equivalent hours as specified in
   46  the State Board of Education rule for teacher planning for
   47  residential programs and up to 20 days or equivalent hours as
   48  specified in the State Board of Education rule for teacher
   49  planning for nonresidential programs, subject to the approval of
   50  the Department of Juvenile Justice and the Department of
   51  Education.
   52         Section 2. Paragraph (i) of subsection (2) of section
   53  1003.51, Florida Statutes, is amended to read:
   54         1003.51 Other public educational services.—
   55         (2) The State Board of Education shall adopt rules
   56  articulating expectations for effective education programs for
   57  students in Department of Juvenile Justice programs, including,
   58  but not limited to, education programs in juvenile justice
   59  prevention, day treatment, residential, and detention programs.
   60  The rule shall establish policies and standards for education
   61  programs for students in Department of Juvenile Justice programs
   62  and shall include the following:
   63         (i) Funding requirements, which must provide shall include
   64  the requirement that at least 95 90 percent of the FEFP funds
   65  generated by students in Department of Juvenile Justice programs
   66  or in an education program for juveniles under s. 985.19 must be
   67  spent on instructional costs for those students. Department of
   68  Juvenile Justice education programs are entitled to 100 one
   69  hundred percent of the formula-based categorical funds generated
   70  by students in Department of Juvenile Justice programs. Such
   71  funds must be spent on appropriate categoricals, such as
   72  instructional materials and public school technology for those
   73  students.
   74         Section 3. Present paragraphs (a) and (b) of subsection (3)
   75  of section 1003.52, Florida Statutes, are redesignated as
   76  paragraphs (c) and (d), respectively, and new paragraphs (a) and
   77  (b) are added to that subsection, and paragraph (a) of
   78  subsection (17) is amended, to read:
   79         1003.52 Educational services in Department of Juvenile
   80  Justice programs.—
   81         (3) The district school board of the county in which the
   82  juvenile justice education prevention, day treatment,
   83  residential, or detention program is located shall provide or
   84  contract for appropriate educational assessments and an
   85  appropriate program of instruction and special education
   86  services.
   87         (a) All contracts between a district school board desiring
   88  to contract directly with juvenile justice education programs to
   89  provide academic instruction for students in such programs must
   90  be in writing. A district school board shall provide a juvenile
   91  justice education program with proposed new or renewal contracts
   92  by each April 1. Unless both parties agree to an extension of
   93  time, the district school board and the juvenile justice
   94  education program shall negotiate and execute the new or renewal
   95  contract within 40 days after the district school board provides
   96  the proposal to the juvenile justice education program. The
   97  Department of Education shall provide mediation services for any
   98  disputes relating to this paragraph.
   99         (b) District school boards shall satisfy invoices issued by
  100  juvenile justice education programs within 10 working days after
  101  receipt. If a district school board does not timely issue a
  102  warrant for payment, it must pay to the juvenile justice
  103  education program interest at a rate of 1 percent per month,
  104  calculated on a daily basis, on the unpaid balance until such
  105  time as a warrant is issued for the invoice and accrued interest
  106  amount. The district school board may not delay payment to a
  107  juvenile justice education program of any portion of funds owed
  108  pending the district’s receipt of local funds.
  109         (17) The department, in collaboration with the Department
  110  of Juvenile Justice, shall collect data and report on
  111  commitment, day treatment, prevention, and detention programs.
  112  The report shall be submitted to the President of the Senate,
  113  the Speaker of the House of Representatives, and the Governor by
  114  February 1 of each year. The report must include, at a minimum:
  115         (a) The number and percentage of students who:
  116         1. Return to an alternative school, middle school, or high
  117  school upon release and the attendance rate of such students
  118  before and after participation in juvenile justice education
  119  programs.
  120         2. Receive a standard high school diploma or a high school
  121  equivalency diploma.
  122         3. Receive industry certification.
  123         4. Enroll in a postsecondary educational institution.
  124         5. Complete a juvenile justice education program without
  125  reoffending.
  126         6. Reoffend within 1 year after completion of a day
  127  treatment or residential commitment program.
  128         7. Remain employed 1 year after completion of a day
  129  treatment or residential commitment program.
  130         8. Demonstrate learning gains pursuant to paragraph (3)(d)
  131  (3)(b).
  132         Section 4. This act shall take effect July 1, 2021.