Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1352
       
       
       
       
       
       
                                Ì754204yÎ754204                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/09/2024           .                                
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       The Appropriations Committee on Criminal and Civil Justice
       (Bradley) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 713 - 1430
    4  and insert:
    5         Section 15. Paragraph (b) of subsection (4) of section
    6  985.619, Florida Statutes, is amended to read:
    7         985.619 Florida Scholars Academy.—
    8         (4) GOVERNING BODY; POWERS AND DUTIES.—
    9         (b) The board of trustees shall have the following powers
   10  and duties:
   11         1. Meet at least 4 times each year, upon the call of the
   12  chair, or at the request of a majority of the membership.
   13         2. Be responsible for the Florida Scholars Academy’s
   14  development of an education delivery system that is cost
   15  effective, high-quality, educationally sound, and capable of
   16  sustaining an effective delivery system.
   17         3.a. Identify appropriate performance measures and
   18  standards based on student achievement which reflect the
   19  school’s statutory mission and priorities, and implement an
   20  accountability system approved by the State Board of Education
   21  for the school by the 2024-2025 school year which includes an
   22  assessment of its effectiveness and efficiency in providing
   23  quality services that encourage high student achievement,
   24  seamless articulation, and maximum access to career
   25  opportunities.
   26         b. For the 2024-2025 school year, the results of the
   27  accountability system must serve as an informative baseline for
   28  the academy as it works to improve performance in future years.
   29         4. Administer and maintain the educational programs of the
   30  Florida Scholars Academy in accordance with law and department
   31  rules, in consultation with the State Board of Education.
   32         5. With the approval of the secretary of the department or
   33  his or her designee, determine the compensation, including
   34  salaries and fringe benefits, and other conditions of employment
   35  for such personnel, in alignment with the Florida Scholars
   36  Academy’s provider contracts.
   37         6. The employment of all Florida Scholars Academy
   38  administrative and instructional personnel are subject to
   39  rejection for cause by the secretary of the department or his or
   40  her designee and are subject to policies established by the
   41  board of trustees.
   42         7. Provide for the content and custody of student records
   43  in compliance with s. 1002.22.
   44         8. Maintain the financial records and accounts of the
   45  Florida Scholars Academy in compliance with rules adopted by the
   46  State Board of Education for the uniform system of financial
   47  records and accounts for the schools of this state.
   48         9. Is a body corporate with all the powers of a body
   49  corporate and may exercise such authority as is needed for the
   50  proper operation and improvement of the Florida Scholars
   51  Academy. The board of trustees is specifically authorized to
   52  adopt rules, policies, and procedures, consistent with law and
   53  State Board of Education rules related to governance, personnel,
   54  budget and finance, administration, programs, curriculum and
   55  instruction, travel and purchasing, technology, students,
   56  contracts and grants, and property as necessary for optimal,
   57  efficient operation of the Florida Scholars Academy.
   58         10.Notwithstanding any rule to the contrary, review and
   59  approve an annual academic calendar to provide educational
   60  services to youth for a school year composed of 250 days or
   61  1,250 hours of instruction for students enrolled in a
   62  traditional K-12 education pathway, distributed over 12 months.
   63  The board of trustees may decrease the minimum number of days
   64  for instruction by up to 20 days or 100 hours for teacher
   65  planning.
   66         Section 16. Section 985.664, Florida Statutes, is amended
   67  to read:
   68         985.664 Juvenile justice circuit advisory boards.—
   69         (1) Each judicial circuit in this state shall have There is
   70  authorized a juvenile justice circuit advisory board to be
   71  established in each of the 20 judicial circuits. The Except in
   72  single-county circuits, each juvenile justice circuit advisory
   73  board shall work with the chief probation officer of the circuit
   74  to use data to inform policies and practices that better improve
   75  the juvenile justice continuum have a county organization
   76  representing each of the counties in the circuit. The county
   77  organization shall report directly to the juvenile justice
   78  circuit advisory board on the juvenile justice needs of the
   79  county. The purpose of each juvenile justice circuit advisory
   80  board is to provide advice and direction to the department in
   81  the development and implementation of juvenile justice programs
   82  and to work collaboratively with the department in seeking
   83  program improvements and policy changes to address the emerging
   84  and changing needs of Florida’s youth who are at risk of
   85  delinquency.
   86         (2) The duties and responsibilities of a juvenile justice
   87  circuit advisory board include, but are not limited to:
   88         (a) Developing a comprehensive plan for the circuit. The
   89  initial circuit plan shall be submitted to the department no
   90  later than December 31, 2014, and no later than June 30 every 3
   91  years thereafter. The department shall prescribe a format and
   92  content requirements for the submission of the comprehensive
   93  plan.
   94         (b) Participating in the facilitation of interagency
   95  cooperation and information sharing.
   96         (c) Providing recommendations for public or private grants
   97  to be administered by one of the community partners that support
   98  one or more components of the comprehensive circuit plan.
   99         (d) Providing recommendations to the department in the
  100  evaluation of prevention and early intervention grant programs,
  101  including the Community Juvenile Justice Partnership Grant
  102  program established in s. 985.676 and proceeds from the Invest
  103  in Children license plate annual use fees.
  104         (e) Providing an annual report to the department describing
  105  the board’s activities. The department shall prescribe a format
  106  and content requirements for submission of annual reports. The
  107  annual report must be submitted to the department no later than
  108  August 1 of each year.
  109         (3) Each juvenile justice circuit advisory board shall have
  110  a minimum of 14 16 members. The membership of each board must
  111  reflect:
  112         (a) The circuit’s geography and population distribution.
  113         (b) Diversity in the judicial circuit.
  114         (3)(4) Each member of the juvenile justice circuit advisory
  115  board must be approved by the chief probation officer of the
  116  circuit Secretary of Juvenile Justice, except those members
  117  listed in paragraphs (a), (b), (c), (e), (f), (g), and (h). The
  118  juvenile justice circuit advisory boards established under
  119  subsection (1) must include as members:
  120         (a) The state attorney or his or her designee.
  121         (b) The public defender or his or her designee.
  122         (c) The chief judge or his or her designee.
  123         (d) A representative of the corresponding circuit or
  124  regional entity of the Department of Children and Families.
  125         (e) The sheriff or the sheriff’s designee from each county
  126  in the circuit.
  127         (f) A police chief or his or her designee from each county
  128  in the circuit.
  129         (g) A county commissioner or his or her designee from each
  130  county in the circuit.
  131         (h) The superintendent of each school district in the
  132  circuit or his or her designee.
  133         (i) A representative from the workforce organization of
  134  each county in the circuit.
  135         (j) A representative of the business community.
  136         (k) A youth representative who has had an experience with
  137  the juvenile justice system and is not older than 21 years of
  138  age.
  139         (l) A representative of the faith community.
  140         (m) A health services representative who specializes in
  141  mental health care, victim-service programs, or victims of
  142  crimes.
  143         (n) A parent or family member of a youth who has been
  144  involved with the juvenile justice system.
  145         (o) Up to three five representatives from any of the
  146  community following who are not otherwise represented in this
  147  subsection:
  148         1. Community leaders.
  149         2. Youth-serving coalitions.
  150         (4)(5)The chief probation officer in each circuit shall
  151  serve as the chair of the juvenile justice circuit advisory
  152  board for that circuit When a vacancy in the office of the chair
  153  occurs, the juvenile justice circuit advisory board shall
  154  appoint a new chair, who must meet the board membership
  155  requirements in subsection (4). The chair shall appoint members
  156  to vacant seats within 45 days after the vacancy and submit the
  157  appointments to the department for approval. The chair shall
  158  serve at the pleasure of the Secretary of Juvenile Justice.
  159         (6) A member may not serve more than three consecutive 2
  160  year terms, except those members listed in paragraphs (4)(a),
  161  (b), (c), (e), (f), (g), and (h). A former member who has not
  162  served on the juvenile justice circuit advisory board for 2
  163  years is eligible to serve on the juvenile justice circuit
  164  advisory board again.
  165         (7) At least half of the voting members of the juvenile
  166  justice circuit advisory board constitutes a quorum. A quorum
  167  must be present in order for the board to vote on a measure or
  168  position.
  169         (8) In order for a juvenile justice circuit advisory board
  170  measure or position to pass, it must receive more than 50
  171  percent of the vote.
  172         (9) Each juvenile justice circuit advisory board must
  173  provide for the establishment of an executive committee of not
  174  more than 10 members. The duties and authority of the executive
  175  committee must be addressed in the bylaws.
  176         (10) Each juvenile justice circuit advisory board shall
  177  have bylaws. The department shall prescribe a format and content
  178  requirements for the bylaws. All bylaws must be approved by the
  179  department. The bylaws shall address at least the following
  180  issues: election or appointment of officers; filling of vacant
  181  positions; meeting attendance requirements; and the
  182  establishment and duties of an executive committee.
  183         (11) Members of juvenile justice circuit advisory boards
  184  are subject to part III of chapter 112.
  185         Section 17. Subsections (1) and (2) of section 985.676,
  186  Florida Statutes, are amended to read:
  187         985.676 Community juvenile justice partnership grants.—
  188         (1) GRANTS; CRITERIA.—
  189         (a) In order to encourage the development of a circuit
  190  juvenile justice plan and the development and implementation of
  191  circuit interagency agreements under s. 985.664, the community
  192  juvenile justice partnership grant program is established and
  193  shall be administered by the department.
  194         (b) In awarding these grants, the department shall consider
  195  applications that at a minimum provide for the following:
  196         1. The participation of the agencies and programs needed to
  197  implement the project or program for which the applicant is
  198  applying;
  199         2. The reduction of truancy and in-school and out-of-school
  200  suspensions and expulsions, the enhancement of school safety,
  201  and other delinquency early-intervention and diversion services;
  202         3. The number of youths from 10 through 17 years of age
  203  within the geographic area to be served by the program, giving
  204  those geographic areas having the highest number of youths from
  205  10 to 17 years of age priority for selection;
  206         4. The extent to which the program targets high-juvenile
  207  crime neighborhoods and those public schools serving juveniles
  208  from high-crime neighborhoods;
  209         5. The validity and cost-effectiveness of the program; and
  210         6. The degree to which the program is located in and
  211  managed by local leaders of the target neighborhoods and public
  212  schools serving the target neighborhoods.
  213         (c) In addition, the department may consider the following
  214  criteria in awarding grants:
  215         1. The circuit juvenile justice plan and any county
  216  juvenile justice plans that are referred to or incorporated into
  217  the circuit plan, including a list of individuals, groups, and
  218  public and private entities that participated in the development
  219  of the plan.
  220         2. The diversity of community entities participating in the
  221  development of the circuit juvenile justice plan.
  222         3. The number of community partners who will be actively
  223  involved in the operation of the grant program.
  224         4. The number of students or youths to be served by the
  225  grant and the criteria by which they will be selected.
  226         5. The criteria by which the grant program will be
  227  evaluated and, if deemed successful, the feasibility of
  228  implementation in other communities.
  229         (2) GRANT APPLICATION PROCEDURES.—
  230         (a) Each entity wishing to apply for an annual community
  231  juvenile justice partnership grant, which may be renewed for a
  232  maximum of 2 additional years for the same provision of
  233  services, shall submit a grant proposal for funding or continued
  234  funding to the department. The department shall establish the
  235  grant application procedures. In order to be considered for
  236  funding, the grant proposal shall include the following
  237  assurances and information:
  238         1. A letter from the chair of the juvenile justice circuit
  239  board confirming that the grant application has been reviewed
  240  and found to support one or more purposes or goals of the
  241  juvenile justice plan as developed by the board.
  242         2. A rationale and description of the program and the
  243  services to be provided, including goals and objectives.
  244         2.3. A method for identification of the juveniles most
  245  likely to be involved in the juvenile justice system who will be
  246  the focus of the program.
  247         3.4. Provisions for the participation of parents and
  248  guardians in the program.
  249         4.5. Coordination with other community-based and social
  250  service prevention efforts, including, but not limited to, drug
  251  and alcohol abuse prevention and dropout prevention programs,
  252  that serve the target population or neighborhood.
  253         5.6. An evaluation component to measure the effectiveness
  254  of the program in accordance with s. 985.632.
  255         6.7. A program budget, including the amount and sources of
  256  local cash and in-kind resources committed to the budget. The
  257  proposal must establish to the satisfaction of the department
  258  that the entity will make a cash or in-kind contribution to the
  259  program of a value that is at least equal to 20 percent of the
  260  amount of the grant.
  261         7.8. The necessary program staff.
  262         (b) The department shall consider the recommendations of
  263  community stakeholders the juvenile justice circuit advisory
  264  board as to the priority that should be given to proposals
  265  submitted by entities within a circuit in awarding such grants.
  266         (c) The department shall make available, to anyone wishing
  267  to apply for such a grant, information on all of the criteria to
  268  be used in the selection of the proposals for funding pursuant
  269  to the provisions of this subsection.
  270         (d) The department shall review all program proposals
  271  submitted. Entities submitting proposals shall be notified of
  272  approval not later than June 30 of each year.
  273         (e) Each entity that is awarded a grant as provided for in
  274  this section shall submit an annual evaluation report to the
  275  department and, the circuit juvenile justice manager, and the
  276  juvenile justice circuit advisory board, by a date subsequent to
  277  the end of the contract period established by the department,
  278  documenting the extent to which the program objectives have been
  279  met, the effect of the program on the juvenile arrest rate, and
  280  any other information required by the department. The department
  281  shall coordinate and incorporate all such annual evaluation
  282  reports with s. 985.632. Each entity is also subject to a
  283  financial audit and a performance audit.
  284         (f) The department may establish rules and policy
  285  provisions necessary to implement this section.
  286         Section 18. Paragraph (a) of subsection (14) of section
  287  1003.01, Florida Statutes, is amended to read:
  288         1003.01 Definitions.—As used in this chapter, the term:
  289         (14)(a) “Juvenile justice education programs or schools”
  290  means programs or schools operating for the purpose of providing
  291  educational services to youth in Department of Juvenile Justice
  292  programs, for a school year composed of 250 days of instruction,
  293  or the equivalent expressed in hours as specified in State Board
  294  of Education rule, distributed over 12 months. If the period of
  295  operation is expressed in hours, the State Board of Education
  296  must review the calculation annually. The use of the equivalent
  297  expressed in hours is only applicable to nonresidential
  298  programs. At the request of the provider, A district school
  299  board, including an educational entity under s. 985.619, may
  300  decrease the minimum number of days of instruction by up to 10
  301  days for teacher planning for residential programs and up to 20
  302  days or equivalent hours as specified in the State Board of
  303  Education rule for teacher planning for nonresidential programs,
  304  subject to the approval of the Department of Juvenile Justice
  305  and the Department of Education.
  306         Section 19. Subsections (2) through (5) of section 1003.51,
  307  Florida Statutes, are amended to read:
  308         1003.51 Other public educational services.—
  309         (2) The State Board of Education shall adopt rules
  310  articulating expectations for effective education programs for
  311  students in Department of Juvenile Justice programs, including,
  312  but not limited to, education programs in juvenile justice
  313  prevention, day treatment, residential, and detention programs.
  314  The rules rule shall establish policies and standards for
  315  education programs for students in Department of Juvenile
  316  Justice programs and shall include the following:
  317         (a) The interagency collaborative process needed to ensure
  318  effective programs with measurable results.
  319         (b) The responsibilities of the Department of Education,
  320  the Department of Juvenile Justice, CareerSource Florida, Inc.,
  321  district school boards, and providers of education services to
  322  students in Department of Juvenile Justice programs.
  323         (c) Academic expectations.
  324         (d) Career expectations.
  325         (e) Education transition planning and services.
  326         (f) Service delivery options available to district school
  327  boards, including direct service and contracting.
  328         (g) Assessment procedures, which:
  329         1. For prevention and, day treatment, and residential
  330  programs, include appropriate academic and career assessments
  331  administered at program entry and exit that are selected by the
  332  district school board Department of Education in partnership
  333  with representatives from the Department of Education, the
  334  Department of Juvenile Justice, district school boards, and
  335  education providers. Assessments must be completed within the
  336  first 10 school days after a student’s entry into the program.
  337         2. Provide for determination of the areas of academic need
  338  and strategies for appropriate intervention and instruction for
  339  each student in a detention facility within 5 school days after
  340  the student’s entry into the program and administer a research
  341  based assessment that will assist the student in determining his
  342  or her educational and career options and goals within 22 school
  343  days after the student’s entry into the program.
  344  
  345  The results of these assessments, together with a portfolio
  346  depicting the student’s academic and career accomplishments,
  347  shall be included in the discharge packet assembled for each
  348  student.
  349         (h) Recommended instructional programs, using course
  350  delivery models aligned to the state academic standards. Options
  351  may include direct instruction, blended learning pursuant to s.
  352  1011.61(1), or district virtual instruction programs, virtual
  353  charter schools, Florida Virtual School (FLVS), virtual course
  354  offerings, and district franchises of FLVS pursuant to ss.
  355  1002.33, 1002.37, 1002.45, 1002.455, 1003.498, and 1011.62(1),
  356  and credit recovery course procedures including, but not limited
  357  to:
  358         1. Secondary education.
  359         2. High school equivalency examination preparation.
  360         3. Postsecondary education.
  361         4. Career and technical professional education (CAPE).
  362         5. Job preparation.
  363         6. Virtual education that:
  364         a. Provides competency-based instruction that addresses the
  365  unique academic needs of the student through delivery by an
  366  entity accredited by a Department of Education-approved
  367  accrediting body AdvanceED or the Southern Association of
  368  Colleges and Schools.
  369         b. Confers certifications and diplomas.
  370         c. Issues credit that articulates with and transcripts that
  371  are recognized by secondary schools.
  372         d. Allows the student to continue to access and progress
  373  through the program once the student leaves the juvenile justice
  374  system.
  375         (i) Funding requirements, which must provide that at least
  376  95 percent of the FEFP funds generated by students in Department
  377  of Juvenile Justice programs or in an education program for
  378  juveniles under s. 985.19 must be spent on instructional costs
  379  for those students. Department of Juvenile Justice education
  380  programs are entitled to 100 percent of the formula-based
  381  categorical funds generated by students in Department of
  382  Juvenile Justice programs. Such funds must be spent on
  383  appropriate categoricals, such as instructional materials and
  384  public school technology for those students.
  385         (j) Qualifications of instructional staff, procedures for
  386  the selection of instructional staff, and procedures for
  387  consistent instruction and qualified staff year-round.
  388  Qualifications shall include those for instructors of career and
  389  technical education CAPE courses, standardized across the state,
  390  and shall be based on state certification, local school district
  391  approval, and industry-recognized certifications as identified
  392  on the Master Credential CAPE Industry Certification Funding
  393  List. Procedures for the use of noncertified instructional
  394  personnel who possess expert knowledge or experience in their
  395  fields of instruction shall be established.
  396         (k) Transition services, including the roles and
  397  responsibilities of appropriate personnel in the juvenile
  398  justice education program, the school district where the student
  399  will reenter, provider organizations, and the Department of
  400  Juvenile Justice.
  401         (l) Procedures and timeframe for transfer of education
  402  records when a student enters and leaves a Department of
  403  Juvenile Justice education program.
  404         (m) The requirement that each district school board
  405  maintain an academic transcript for each student enrolled in a
  406  juvenile justice education program that delineates each course
  407  completed by the student as provided by the State Course Code
  408  Directory.
  409         (n) The requirement that each district school board make
  410  available and transmit a copy of a student’s transcript in the
  411  discharge packet when the student exits a juvenile justice
  412  education program.
  413         (o) Contract requirements.
  414         (p) Accountability and school improvement requirements as
  415  public alternative schools pursuant to ss. 1008.31, 1008.34,
  416  1008.341, and 1008.345 Performance expectations for providers
  417  and district school boards, including student performance
  418  measures by type of program, education program performance
  419  ratings, school improvement, and corrective action plans for
  420  low-performing programs.
  421         (q) The role and responsibility of the district school
  422  board in securing workforce development funds.
  423         (r) A series of graduated sanctions for district school
  424  boards whose educational programs in Department of Juvenile
  425  Justice programs are considered to be unsatisfactory and for
  426  instances in which district school boards fail to meet standards
  427  prescribed by law, rule, or State Board of Education policy.
  428  These sanctions shall include the option of requiring a district
  429  school board to contract with a provider or another district
  430  school board if the educational program at the Department of
  431  Juvenile Justice program is performing below minimum standards
  432  and, after 6 months, is still performing below minimum
  433  standards.
  434         (s) Curriculum, school guidance counseling, transition, and
  435  education services expectations, including curriculum
  436  flexibility for detention centers operated by the Department of
  437  Juvenile Justice.
  438         (s)(t) Other aspects of program operations.
  439         (3) The Department of Education in partnership with the
  440  Department of Juvenile Justice, the district school boards, and
  441  providers shall:
  442         (a) Develop and implement requirements for contracts and
  443  cooperative agreements regarding the delivery of appropriate
  444  education services to students in Department of Juvenile Justice
  445  education programs. The minimum contract requirements shall
  446  include, but are not limited to, payment structure and amounts;
  447  access to district services; contract management provisions;
  448  data reporting requirements, including reporting of full-time
  449  equivalent student membership; accountability requirements and
  450  corrective action plans, if needed; administration of federal
  451  programs such as Title I, exceptional student education, and the
  452  federal Strengthening Career and Technical Education for the
  453  21st Century Act Carl D. Perkins Career and Technical Education
  454  Act of 2006; and the policy and standards included in subsection
  455  (2).
  456         (b) Develop and implement procedures for transitioning
  457  students into and out of Department of Juvenile Justice
  458  education programs. These procedures shall reflect the policy
  459  and standards adopted pursuant to subsection (2).
  460         (c) Maintain standardized required content of education
  461  records to be included as part of a student’s commitment record
  462  and procedures for securing the student’s records. The education
  463  records shall include, but not be limited to, the following:
  464         1. A copy of the student’s individual educational plan,
  465  Section 504 plan, or behavioral plan, if applicable.
  466         2. A copy of the student’s individualized progress
  467  monitoring plan.
  468         3. A copy of the student’s individualized transition plan.
  469         4. Data on student performance on assessments taken
  470  according to s. 1008.22.
  471         5. A copy of the student’s permanent cumulative record.
  472         6. A copy of the student’s academic transcript.
  473         7. A portfolio reflecting the student’s academic
  474  accomplishments and industry certification earned, when age
  475  appropriate, while in the Department of Juvenile Justice
  476  program.
  477         (d) Establish the roles and responsibilities of the
  478  juvenile probation officer and others involved in the withdrawal
  479  of the student from school and assignment to a juvenile justice
  480  education program.
  481         (4) Each district school board shall:
  482         (a) Notify students in juvenile justice education programs
  483  who attain the age of 16 years of the law regarding compulsory
  484  school attendance and make available the option of enrolling in
  485  an education program to attain a Florida high school diploma by
  486  taking the high school equivalency examination before release
  487  from the program. The Department of Education shall assist
  488  juvenile justice education programs with becoming high school
  489  equivalency examination centers.
  490         (b) Respond to requests for student education records
  491  received from another district school board or a juvenile
  492  justice education program within 3 5 working days after
  493  receiving the request.
  494         (c) Provide access to courses offered pursuant to ss.
  495  1002.37, 1002.45, 1002.455, and 1003.498. School districts and
  496  providers may enter into cooperative agreements for the
  497  provision of curriculum associated with courses offered pursuant
  498  to s. 1003.498 to enable providers to offer such courses.
  499         (d) Complete the assessment process required by subsection
  500  (2).
  501         (e) Monitor compliance with contracts for education
  502  programs for students in juvenile justice prevention, day
  503  treatment, residential, and detention programs.
  504         (5) The Department of Education shall issue an alternative
  505  school improvement rating for prevention and day treatment
  506  prevention juvenile justice education programs, pursuant to s.
  507  1008.341 establish and operate, either directly or indirectly
  508  through a contract, a mechanism to provide accountability
  509  measures that annually assesses and evaluates all juvenile
  510  justice education programs using student performance data and
  511  program performance ratings by type of program and shall provide
  512  technical assistance and related research to district school
  513  boards and juvenile justice education providers. The Department
  514  of Education, with input from the Department of Juvenile
  515  Justice, school districts, and education providers, shall
  516  develop annual recommendations for system and school
  517  improvement.
  518         Section 20. Section 1003.52, Florida Statutes, is amended
  519  to read:
  520         1003.52 Educational services in Department of Juvenile
  521  Justice programs.—
  522         (1) The Department of Education shall serve as the lead
  523  agency for juvenile justice education programs, curriculum,
  524  support services, and resources. To this end, the Department of
  525  Education and the Department of Juvenile Justice shall each
  526  designate a Coordinator for Juvenile Justice Education Programs
  527  to serve as the point of contact for resolving issues not
  528  addressed by district school boards and to provide each
  529  department’s participation in the following activities:
  530         (a) Training, collaborating, and coordinating with district
  531  school boards, local workforce development boards, and local
  532  youth councils, educational contract providers, and juvenile
  533  justice providers, whether state operated or contracted.
  534         (b) Collecting information on the academic, career and
  535  technical professional education (CAPE), and transition
  536  performance of students in juvenile justice programs and
  537  reporting on the results.
  538         (c) Developing academic and career and technical education
  539  CAPE protocols that provide guidance to district school boards
  540  and juvenile justice education providers in all aspects of
  541  education programming, including records transfer and
  542  transition.
  543         (d) Implementing a joint accountability, program
  544  performance, and program improvement process.
  545  
  546  Annually, a cooperative agreement and plan for juvenile justice
  547  education service enhancement shall be developed between the
  548  Department of Juvenile Justice and the Department of Education
  549  and submitted to the Secretary of Juvenile Justice and the
  550  Commissioner of Education by June 30. The plan shall include, at
  551  a minimum, each agency’s role regarding educational program
  552  accountability, technical assistance, training, and coordination
  553  of services.
  554         (2) Students participating in Department of Juvenile
  555  Justice education programs pursuant to chapter 985 which are
  556  sponsored by a community-based agency or are operated or
  557  contracted for by the Department of Juvenile Justice shall
  558  receive education programs according to rules of the State Board
  559  of Education. These students shall be eligible for services
  560  afforded to students enrolled in programs pursuant to s. 1003.53
  561  and all corresponding State Board of Education rules.
  562         (3) The district school board of the county in which the
  563  juvenile justice education prevention, day treatment,
  564  residential, or detention program is located shall provide or
  565  contract for appropriate educational assessments and an
  566  appropriate program of instruction and special education
  567  services.
  568         (a) All contracts between a district school board desiring
  569  to contract directly with juvenile justice education programs to
  570  provide academic instruction for students in such programs must
  571  be in writing and reviewed by the Department of Juvenile
  572  Justice. Unless both parties agree to an extension of time, the
  573  district school board and the juvenile justice education program
  574  shall negotiate and execute a new or renewal contract within 40
  575  days after the district school board provides the proposal to
  576  the juvenile justice education program. The Department of
  577  Education shall provide mediation services for any disputes
  578  relating to this paragraph.
  579         (b) District school boards shall satisfy invoices issued by
  580  juvenile justice education programs within 15 working days after
  581  receipt. If a district school board does not timely issue a
  582  warrant for payment, it must pay to the juvenile justice
  583  education program interest at a rate of 1 percent per month,
  584  calculated on a daily basis, on the unpaid balance until such
  585  time as a warrant is issued for the invoice and accrued interest
  586  amount. The district school board may not delay payment to a
  587  juvenile justice education program of any portion of funds owed
  588  pending the district’s receipt of local funds.
  589         (c) The district school board shall make provisions for
  590  each student to participate in basic career and technical
  591  education, CAPE, and exceptional student programs, as
  592  appropriate. Students served in Department of Juvenile Justice
  593  education programs shall have access to the appropriate courses
  594  and instruction to prepare them for the high school equivalency
  595  examination. Students participating in high school equivalency
  596  examination preparation programs shall be funded at the basic
  597  program cost factor for Department of Juvenile Justice programs
  598  in the Florida Education Finance Program. Each program shall be
  599  conducted according to applicable law providing for the
  600  operation of public schools and rules of the State Board of
  601  Education. School districts shall provide the high school
  602  equivalency examination exit option for all juvenile justice
  603  education programs, except for residential programs operated
  604  under s. 985.619.
  605         (d) The district school board shall select appropriate
  606  academic and career assessments to be administered at the time
  607  of program entry and exit for the purpose of developing goals
  608  for education transition plans, progress monitoring plans,
  609  individual education plans, as applicable, and federal
  610  reporting, as applicable The Department of Education, with the
  611  assistance of the school districts and juvenile justice
  612  education providers, shall select a common student assessment
  613  instrument and protocol for measuring student learning gains and
  614  student progression while a student is in a juvenile justice
  615  education program. The Department of Education and the
  616  Department of Juvenile Justice shall jointly review the
  617  effectiveness of this assessment and implement changes as
  618  necessary.
  619         (4) Educational services shall be provided at times of the
  620  day most appropriate for the juvenile justice program. School
  621  programming in juvenile justice detention, prevention, or day
  622  treatment, and residential programs shall be made available by
  623  the local school district during the juvenile justice school
  624  year, as provided in s. 1003.01(14). In addition, students in
  625  juvenile justice education programs shall have access to courses
  626  offered pursuant to ss. 1002.37, 1002.45, and 1003.498. The
  627  Department of Education and the school districts shall adopt
  628  policies necessary to provide such access.
  629         (5) The educational program shall provide instruction based
  630  on each student’s individualized transition plan, assessed
  631  educational needs, and the education programs available in the
  632  school district in which the student will return. Depending on
  633  the student’s needs, educational programming may consist of
  634  remedial courses, academic courses required for grade
  635  advancement, career and technical education CAPE courses, high
  636  school equivalency examination preparation, or exceptional
  637  student education curricula and related services which support
  638  the transition goals and reentry and which may lead to
  639  completion of the requirements for receipt of a high school
  640  diploma or its equivalent. Prevention and day treatment juvenile
  641  justice education programs, at a minimum, shall provide career
  642  readiness and exploration opportunities as well as truancy and
  643  dropout prevention intervention services. Residential juvenile
  644  justice education programs with a contracted minimum length of
  645  stay of 9 months shall provide CAPE courses that lead to
  646  preapprentice certifications and industry certifications.
  647  Programs with contracted lengths of stay of less than 9 months
  648  may provide career education courses that lead to preapprentice
  649  certifications and CAPE industry certifications. If the duration
  650  of a program is less than 40 days, the educational component may
  651  be limited to tutorial remediation activities, career
  652  employability skills instruction, education counseling, and
  653  transition services that prepare students for a return to
  654  school, the community, and their home settings based on the
  655  students’ needs.
  656         (6) Participation in the program by students of compulsory
  657  school-attendance age as provided for in s. 1003.21 shall be
  658  mandatory. All students of noncompulsory school-attendance age
  659  who have not received a high school diploma or its equivalent
  660  shall participate in the educational program, unless the student
  661  files a formal declaration of his or her intent to terminate
  662  school enrollment as described in s. 1003.21 and is afforded the
  663  opportunity to take the high school equivalency examination and
  664  attain a Florida high school diploma before release from a
  665  juvenile justice education program. A student who has received a
  666  high school diploma or its equivalent and is not employed shall
  667  participate in workforce development or other CAPE education or
  668  Florida College System institution or university courses while
  669  in the program, subject to available funding.
  670         (7) An individualized progress monitoring plan shall be
  671  developed for all students not classified as exceptional
  672  education students upon entry in a juvenile justice education
  673  program and upon reentry in the school district. These plans
  674  shall address academic, literacy, and career and technical
  675  skills and shall include provisions for intensive remedial
  676  instruction in the areas of weakness.
  677         (8) Each district school board shall maintain an academic
  678  record for each student enrolled in a juvenile justice education
  679  program as prescribed by s. 1003.51. Such record shall delineate
  680  each course completed by the student according to procedures in
  681  the State Course Code Directory. The district school board shall
  682  include a copy of a student’s academic record in the discharge
  683  packet when the student exits the program.
  684         (9) Each district school board shall make provisions for
  685  high school level students to earn credits toward high school
  686  graduation while in residential and nonresidential juvenile
  687  justice detention, prevention, or day treatment education
  688  programs. Provisions must be made for the transfer of credits
  689  and partial credits earned.
  690         (10) School districts and juvenile justice education
  691  providers shall develop individualized transition plans during
  692  the course of a student’s stay in a juvenile justice education
  693  program to coordinate academic, career and technical, and
  694  secondary and postsecondary services that assist the student in
  695  successful community reintegration upon release. Development of
  696  the transition plan shall be a collaboration of the personnel in
  697  the juvenile justice education program, reentry personnel,
  698  personnel from the school district where the student will
  699  return, the student, the student’s family, and the Department of
  700  Juvenile Justice personnel for committed students.
  701         (a) Transition planning must begin upon a student’s
  702  placement in the program. The transition plan must include, at a
  703  minimum:
  704         1. Services and interventions that address the student’s
  705  assessed educational needs and postrelease education plans.
  706         2. Services to be provided during the program stay and
  707  services to be implemented upon release, including, but not
  708  limited to, continuing education in secondary school, career and
  709  technical education CAPE programs, postsecondary education, or
  710  employment, based on the student’s needs.
  711         3. Specific monitoring responsibilities to determine
  712  whether the individualized transition plan is being implemented
  713  and the student is provided access to support services that will
  714  sustain the student’s success by individuals who are responsible
  715  for the reintegration and coordination of these activities.
  716         (b) For the purpose of transition planning and reentry
  717  services, representatives from the school district and the one
  718  stop center where the student will return shall participate as
  719  members of the local Department of Juvenile Justice reentry
  720  teams. The school district, upon return of a student from a
  721  juvenile justice education program, must consider the individual
  722  needs and circumstances of the student and the transition plan
  723  recommendations when reenrolling a student in a public school. A
  724  local school district may not maintain a standardized policy for
  725  all students returning from a juvenile justice program but place
  726  students based on their needs and their performance in the
  727  juvenile justice education program, including any virtual
  728  education options.
  729         (c) The Department of Education and the Department of
  730  Juvenile Justice shall provide oversight and guidance to school
  731  districts, education providers, and reentry personnel on how to
  732  implement effective educational transition planning and
  733  services.
  734         (11) The district school board shall recruit and train
  735  teachers who are interested, qualified, or experienced in
  736  educating students in juvenile justice programs. Students in
  737  juvenile justice programs shall be provided a wide range of
  738  education programs and opportunities including instructional
  739  materials textbooks, technology, instructional support, and
  740  resources commensurate with resources provided to students in
  741  public schools, including instructional materials textbooks and
  742  access to technology. If the district school board operates a
  743  juvenile justice education program at a juvenile justice
  744  facility, the district school board, in consultation with the
  745  director of the juvenile justice facility, shall select the
  746  instructional personnel assigned to that program. The Secretary
  747  of Juvenile Justice or the director of a juvenile justice
  748  program may request that the performance of a teacher assigned
  749  by the district to a juvenile justice education program be
  750  reviewed by the district and that the teacher be reassigned
  751  based upon an evaluation conducted pursuant to s. 1012.34 or for
  752  inappropriate behavior. Juvenile justice education programs
  753  shall have access to the substitute teacher pool used by the
  754  district school board.
  755         (12) District school boards may contract with a private
  756  provider for the provision of education programs to students
  757  placed in juvenile justice detention, prevention, or day
  758  treatment programs with the Department of Juvenile Justice and
  759  shall generate local, state, and federal funding, including
  760  funding through the Florida Education Finance Program for such
  761  students. The district school board’s planning and budgeting
  762  process shall include the needs of Department of Juvenile
  763  Justice education programs in the district school board’s plan
  764  for expenditures for state categorical and federal funds.
  765         (13)(a) Eligible students enrolled in juvenile justice
  766  detention, prevention, or day treatment education programs shall
  767  be funded the same as students enrolled in traditional public
  768  schools funded in the Florida Education Finance Program and as
  769  specified in s. 1011.62 and the General Appropriations Act.
  770         (b) Juvenile justice education programs to receive the
  771  appropriate FEFP funding for Department of Juvenile Justice
  772  education programs shall include those operated through a
  773  contract with the Department of Juvenile Justice.
  774         (c) Consistent with the rules of the State Board of
  775  Education, district school boards shall request an alternative
  776  FTE survey for Department of Juvenile Justice education programs
  777  experiencing fluctuations in student enrollment.
  778         (d) FTE count periods shall be prescribed in rules of the
  779  State Board of Education and shall be the same for programs of
  780  the Department of Juvenile Justice as for other public school
  781  programs. The summer school period for students in Department of
  782  Juvenile Justice education programs shall begin on the day
  783  immediately following the end of the regular school year and end
  784  on the day immediately preceding the subsequent regular school
  785  year. Students shall be funded for no more than 25 hours per
  786  week of direct instruction.
  787         (e) Each juvenile justice education program must receive
  788  all federal funds for which the program is eligible.
  789         (14) Each district school board shall negotiate a
  790  cooperative agreement with the Department of Juvenile Justice on
  791  the delivery of educational services to students in juvenile
  792  justice detention, prevention, or day treatment programs under
  793  the jurisdiction of the Department of Juvenile Justice. Such
  794  agreement must include, but is not limited to:
  795         (a) Roles and responsibilities of each agency, including
  796  the roles and responsibilities of contract providers.
  797         (b) Administrative issues including procedures for sharing
  798  information.
  799         (c) Allocation of resources including maximization of
  800  local, state, and federal funding.
  801         (d) Procedures for educational evaluation for educational
  802  exceptionalities and special needs.
  803         (e) Curriculum and delivery of instruction.
  804         (f) Classroom management procedures and attendance
  805  policies.
  806         (g) Procedures for provision of qualified instructional
  807  personnel, whether supplied by the district school board or
  808  provided under contract by the provider, and for performance of
  809  duties while in a juvenile justice setting.
  810         (h) Provisions for improving skills in teaching and working
  811  with students referred to juvenile justice education programs.
  812         (i) Transition plans for students moving into and out of
  813  juvenile justice education programs.
  814         (j) Procedures and timelines for the timely documentation
  815  of credits earned and transfer of student records.
  816         (k) Methods and procedures for dispute resolution.
  817         (l) Provisions for ensuring the safety of education
  818  personnel and support for the agreed-upon education program.
  819         (m) Strategies for correcting any deficiencies found
  820  through the alternative school improvement rating accountability
  821  and evaluation system and student performance measures.
  822         (n)Career and academic assessments selected by the
  823  district pursuant to paragraph (3)(d).
  824         (15) Nothing in this section or in a cooperative agreement
  825  requires the district school board to provide more services than
  826  can be supported by the funds generated by students in the
  827  juvenile justice programs.
  828         (16) The Department of Education, in consultation with the
  829  Department of Juvenile Justice, district school boards, and
  830  providers, shall adopt rules establishing:
  831         (a) Objective and measurable student performance measures
  832  to evaluate a student’s educational progress while participating
  833  in a prevention, day treatment, or residential program. The
  834  student performance measures must be based on appropriate
  835  outcomes for all students in juvenile justice education
  836  programs, taking into consideration the student’s length of stay
  837  in the program. Performance measures shall include outcomes that
  838  relate to student achievement of career education goals,
  839  acquisition of employability skills, receipt of a high school
  840  diploma or its equivalent, grade advancement, and the number of
  841  CAPE industry certifications earned.
  842         (b) A performance rating system to be used by the
  843  Department of Education to evaluate the delivery of educational
  844  services within each of the juvenile justice programs. The
  845  performance rating shall be primarily based on data regarding
  846  student performance as described in paragraph (a).
  847         (c) The timeframes, procedures, and resources to be used to
  848  improve a low-rated educational program or to terminate or
  849  reassign the program.
  850         (d) The Department of Education, in partnership with the
  851  Department of Juvenile Justice, shall develop a comprehensive
  852  accountability and program improvement process. The
  853  accountability and program improvement process shall be based on
  854  student performance measures by type of program and shall rate
  855  education program performance. The accountability system shall
  856  identify and recognize high-performing education programs. The
  857  Department of Education, in partnership with the Department of
  858  Juvenile Justice, shall identify low-performing programs. Low
  859  performing education programs shall receive an onsite program
  860  evaluation from the Department of Juvenile Justice. School
  861  improvement, technical assistance, or the reassignment of the
  862  program shall be based, in part, on the results of the program
  863  evaluation. Through a corrective action process, low-performing
  864  programs must demonstrate improvement or the programs shall be
  865  reassigned.
  866         (17) The department, in collaboration with the Department
  867  of Juvenile Justice, shall collect data and report on
  868  commitment, day treatment, prevention, and detention programs.
  869  The report shall be submitted to the President of the Senate,
  870  the Speaker of the House of Representatives, and the Governor by
  871  February 1 of each year. The report must include, at a minimum:
  872         (a) The number and percentage of students who:
  873         1. Return to an alternative school, middle school, or high
  874  school upon release and the attendance rate of such students
  875  before and after participation in juvenile justice education
  876  programs.
  877         2. Receive a standard high school diploma or a high school
  878  equivalency diploma.
  879         3. Receive industry certification.
  880         4. Enroll in a postsecondary educational institution.
  881         5. Complete a juvenile justice education program without
  882  reoffending.
  883         6. Reoffend within 1 year after completion of a day
  884  treatment or residential commitment program.
  885         7. Remain employed 1 year after completion of a day
  886  treatment or residential commitment program.
  887         8. Demonstrate learning gains pursuant to paragraph (3)(d).
  888         (b) The following cost data for each juvenile justice
  889  education program:
  890         1. The amount of funding provided by district school boards
  891  to juvenile justice programs and the amount retained for
  892  administration, including documenting the purposes of such
  893  expenses.
  894         2. The status of the development of cooperative agreements.
  895         3. Recommendations for system improvement.
  896         4. Information on the identification of, and services
  897  provided to, exceptional students, to determine whether these
  898  students are properly reported for funding and are appropriately
  899  served.
  900         (18) The district school board shall not be charged any
  901  rent, maintenance, utilities, or overhead on such facilities.
  902  Maintenance, repairs, and remodeling of existing detention
  903  facilities shall be provided by the Department of Juvenile
  904  Justice.
  905         (17)(19) When additional facilities are required for
  906  
  907  ================= T I T L E  A M E N D M E N T ================
  908  And the title is amended as follows:
  909         Delete lines 59 - 112
  910  and insert:
  911         the state for specified purposes; amending s. 985.619,
  912         F.S.; providing the board of trustees of the Florida
  913         Scholars Academy the power and duty to review and
  914         approve an annual academic calendar; authorizing the
  915         board of trustees to decrease the minimum number of
  916         days for instruction; amending s. 985.664, F.S.;
  917         requiring, rather than authorizing, each judicial
  918         circuit to have a juvenile justice circuit advisory
  919         board; requiring the juvenile justice circuit advisory
  920         board to work with the chief probation officer of the
  921         circuit to use data to inform policy and practices
  922         that better improve the juvenile justice continuum;
  923         deleting provisions relating to the juvenile justice
  924         circuit advisory board’s purpose, duties, and
  925         responsibilities; decreasing the minimum number of
  926         members that each juvenile justice circuit advisory
  927         board is required to have; requiring that each member
  928         of the juvenile justice circuit advisory board be
  929         approved by the chief probation officer of the
  930         circuit, rather than the Secretary of Juvenile
  931         Justice; requiring the chief probation officer in each
  932         circuit to serve as the chair of the juvenile justice
  933         circuit advisory board for that circuit; deleting
  934         provisions relating to board membership and vacancies;
  935         deleting provisions relating to quorums and the
  936         passing of measures; deleting provisions requiring the
  937         establishment of executive committees and having
  938         bylaws; amending s. 985.676, F.S.; revising the
  939         required contents of a grant proposal applicants must
  940         submit to be considered for funding from an annual
  941         community juvenile justice partnership grant;
  942         requiring the department to consider the
  943         recommendations of community stakeholders, rather than
  944         the juvenile justice circuit advisory board, as to
  945         certain priorities; deleting the juvenile justice
  946         circuit advisory board from the entities to which each
  947         awarded grantee is required to submit an annual
  948         evaluation report; conforming a provision to changes
  949         made by the act; amending s. 1003.01, F.S.; revising
  950         the definition of the term “juvenile justice education
  951         programs or schools”; amending s. 1003.51, F.S.;
  952         revising requirements for certain State Board of
  953         Education rules to establish policies and standards
  954         for certain education programs; revising requirements
  955         for the Department of Education, in partnership with
  956         the Department of Juvenile Justice, the district
  957         school boards, and education providers, to develop and
  958         implements certain contract requirements and to
  959         maintain standardized required content of education
  960         records; revising district school board requirements;
  961         revising departmental requirements relating to
  962         juvenile justice education programs; amending s.
  963         1003.52, F.S.; revising the role of Coordinators for
  964         Juvenile Justice Education Programs in collecting
  965         certain information and developing certain protocols;
  966         deleting provisions relating to career and
  967         professional education (CAPE); requiring district
  968         school boards to select appropriate academic and
  969         career assessments to be administered at the time of
  970         program entry and exit; deleting provisions related to
  971         requiring residential juvenile justice education
  972         programs to provide certain CAPE courses; requiring
  973         each district school board to make provisions for high
  974         school level students to earn credits toward high
  975         school graduation while in juvenile justice detention,
  976         prevention, or day treatment programs; authorizing
  977         district school boards to contract with private
  978         providers for the provision of education programs to
  979         students placed in such programs; requiring each
  980         district school board to negotiate a cooperative
  981         agreement with the department on the delivery of
  982         educational services to students in such programs;
  983         revising requirements for such agreements; deleting
  984         provisions requiring the