Florida Senate - 2021                              CS for SB 486
       By the Committee on Education; and Senator Bradley
       581-02355-21                                           2021486c1
    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; providing a
   13         timeframe within which district school boards and
   14         juvenile justice education programs must negotiate and
   15         execute their contracts; authorizing an extension of
   16         time; requiring the Department of Education to provide
   17         mediation services for certain disputes; requiring
   18         district school boards satisfy certain invoices within
   19         a specified timeframe; requiring district school
   20         boards that fail to timely issue a warrant for payment
   21         to also pay interest at a specified rate to the
   22         juvenile justice education program; prohibiting school
   23         boards from delaying certain payments pending receipt
   24         of local funds; conforming a cross-reference;
   25         providing an effective date.
   27  Be It Enacted by the Legislature of the State of Florida:
   29         Section 1. Paragraph (a) of subsection (11) of section
   30  1003.01, Florida Statutes, is amended to read:
   31         1003.01 Definitions.—As used in this chapter, the term:
   32         (11)(a) “Juvenile justice education programs or schools”
   33  means programs or schools operating for the purpose of providing
   34  educational services to youth in Department of Juvenile Justice
   35  programs, for a school year composed comprised of 250 days of
   36  instruction, or the equivalent expressed in hours as specified
   37  in State Board of Education rule, distributed over 12 months. If
   38  the period of operation is expressed in hours, the State Board
   39  of Education must review the calculation annually. The use of
   40  the equivalent expressed in hours is only applicable to
   41  nonresidential programs. At the request of the provider, a
   42  district school board may decrease the minimum number of days of
   43  instruction by up to 10 days for teacher planning for
   44  residential programs and up to 20 days or equivalent hours as
   45  specified in the State Board of Education rule for teacher
   46  planning for nonresidential programs, subject to the approval of
   47  the Department of Juvenile Justice and the Department of
   48  Education.
   49         Section 2. Paragraph (i) of subsection (2) of section
   50  1003.51, Florida Statutes, is amended to read:
   51         1003.51 Other public educational services.—
   52         (2) The State Board of Education shall adopt rules
   53  articulating expectations for effective education programs for
   54  students in Department of Juvenile Justice programs, including,
   55  but not limited to, education programs in juvenile justice
   56  prevention, day treatment, residential, and detention programs.
   57  The rule shall establish policies and standards for education
   58  programs for students in Department of Juvenile Justice programs
   59  and shall include the following:
   60         (i) Funding requirements, which must provide shall include
   61  the requirement that at least 95 90 percent of the FEFP funds
   62  generated by students in Department of Juvenile Justice programs
   63  or in an education program for juveniles under s. 985.19 must be
   64  spent on instructional costs for those students. Department of
   65  Juvenile Justice education programs are entitled to 100 one
   66  hundred percent of the formula-based categorical funds generated
   67  by students in Department of Juvenile Justice programs. Such
   68  funds must be spent on appropriate categoricals, such as
   69  instructional materials and public school technology for those
   70  students.
   71         Section 3. Present paragraphs (a) and (b) of subsection (3)
   72  of section 1003.52, Florida Statutes, are redesignated as
   73  paragraphs (c) and (d), respectively, and new paragraphs (a) and
   74  (b) are added to that subsection, and paragraph (a) of
   75  subsection (17) of that section is amended, to read:
   76         1003.52 Educational services in Department of Juvenile
   77  Justice programs.—
   78         (3) The district school board of the county in which the
   79  juvenile justice education prevention, day treatment,
   80  residential, or detention program is located shall provide or
   81  contract for appropriate educational assessments and an
   82  appropriate program of instruction and special education
   83  services.
   84         (a) All contracts between a district school board desiring
   85  to contract directly with juvenile justice education programs to
   86  provide academic instruction for students in such programs must
   87  be in writing. Unless both parties agree to an extension of
   88  time, the district school board and the juvenile justice
   89  education program shall negotiate and execute a new or renewal
   90  contract within 40 days after the district school board provides
   91  the proposal to the juvenile justice education program. The
   92  Department of Education shall provide mediation services for any
   93  disputes relating to this paragraph.
   94         (b) District school boards shall satisfy invoices issued by
   95  juvenile justice education programs within 15 working days after
   96  receipt. If a district school board does not timely issue a
   97  warrant for payment, it must pay to the juvenile justice
   98  education program interest at a rate of 1 percent per month,
   99  calculated on a daily basis, on the unpaid balance until such
  100  time as a warrant is issued for the invoice and accrued interest
  101  amount. The district school board may not delay payment to a
  102  juvenile justice education program of any portion of funds owed
  103  pending the district’s receipt of local funds.
  104         (17) The department, in collaboration with the Department
  105  of Juvenile Justice, shall collect data and report on
  106  commitment, day treatment, prevention, and detention programs.
  107  The report shall be submitted to the President of the Senate,
  108  the Speaker of the House of Representatives, and the Governor by
  109  February 1 of each year. The report must include, at a minimum:
  110         (a) The number and percentage of students who:
  111         1. Return to an alternative school, middle school, or high
  112  school upon release and the attendance rate of such students
  113  before and after participation in juvenile justice education
  114  programs.
  115         2. Receive a standard high school diploma or a high school
  116  equivalency diploma.
  117         3. Receive industry certification.
  118         4. Enroll in a postsecondary educational institution.
  119         5. Complete a juvenile justice education program without
  120  reoffending.
  121         6. Reoffend within 1 year after completion of a day
  122  treatment or residential commitment program.
  123         7. Remain employed 1 year after completion of a day
  124  treatment or residential commitment program.
  125         8. Demonstrate learning gains pursuant to paragraph (3)(d)
  126  (3)(b).
  127         Section 4. This act shall take effect July 1, 2021.