Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for SB 834
       
       
       
       
       
       
                                Barcode 773988                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/09/2012           .                                
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       The Committee on Criminal Justice (Hays) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (30) through (57) of section
    6  985.03, Florida Statutes, are redesignated as subsections (31)
    7  through (58), respectively, and a new subsection (30) is added
    8  to that section, to read:
    9         985.03 Definitions.—As used in this chapter, the term:
   10         (30) “Juvenile justice education programs” has the same
   11  meaning as provided in s. 1003.01(11)(a).
   12         Section 2. Subsection (6) is added to section 985.46,
   13  Florida Statutes, to read:
   14         985.46 Conditional release.—
   15         (6) Each juvenile committed to a commitment program shall
   16  have a transition plan upon release. Transition planning shall
   17  begin for each juvenile upon placement in a commitment program
   18  and shall result in an individual transition plan for each youth
   19  before he or she is released. The transition plan shall be
   20  developed with the participation of the youth, representatives
   21  of the commitment program, school district personnel, and
   22  representatives of conditional release or postcommitment
   23  probation programs, if appropriate. The transition plan shall
   24  include an education transition plan component as provided in s.
   25  1003.515(10), as well as information regarding pertinent
   26  delinquency treatment and intervention services that are
   27  accessible upon exiting the program.
   28         (a)For a juvenile who is released on conditional release
   29  or postcommitment probation status, the transition plan shall be
   30  incorporated into the conditions of release.
   31         (b)For a juvenile who is not released on conditional
   32  release or postcommitment probation status, the transition plan
   33  shall be explained to the youth and provided upon release, with
   34  all necessary referrals having been made at least 30 days before
   35  the youth exits the program.
   36         (c)For a juvenile who participates in a nonresidential
   37  program, the transition plan shall be explained to the youth and
   38  provided upon release. For a juvenile who participates in a
   39  nonresidential program and who is released on conditional
   40  release or postcommitment probation status, the transition plan
   41  shall be incorporated into the conditions of release.
   42         Section 3. Section 985.618, Florida Statutes, is amended to
   43  read:
   44         (Substantial rewording of section. See
   45         s. 985.618, F.S., for present text.)
   46         985.618 Education and workforce-related programs.—
   47         (1)The Legislature intends for youth in juvenile justice
   48  programs to be provided a quality education that includes
   49  workforce-related skills that lead to continuing education or
   50  meaningful employment, or both, and that results in reduced
   51  rates of recidivism.
   52         (2) The department, in collaboration with the Department of
   53  Education, shall annually verify that each juvenile justice
   54  education program, at a minimum:
   55         (a)Provides access to virtual course offerings that
   56  maximize learning opportunities for youth.
   57         (b) Encourages access to virtual counseling to address the
   58  educational and workforce needs of adjudicated youth.
   59         (c)Provides instruction from individuals who hold industry
   60  credentials in the occupational areas in which they teach.
   61         (d)Ensures student access to instruction during evenings
   62  and weekends.
   63         (e)Considers, before placement, the age, interests, prior
   64  education, training, work experience, emotional and mental
   65  abilities, treatment needs, and physical capabilities of the
   66  youth and the duration of the term of placement imposed.
   67         (f) Provides specialized instruction, related services,
   68  accommodations, and modifications as are necessary to ensure the
   69  provision of a free, appropriate public education for students
   70  with disabilities.
   71         (g) Expends funds in a manner that directly supports the
   72  attainment of successful student outcomes as specified in s.
   73  1003.515(7) and that allows youth to engage in real work
   74  situations whenever possible.
   75         (3)The department shall collaborate with the Department of
   76  Education, the Department of Economic Opportunity, school
   77  districts, and private providers to adopt rules to administer
   78  this section.
   79         Section 4. Section 985.632, Florida Statutes, is amended to
   80  read:
   81         985.632 Quality assurance and cost-effectiveness.—
   82         (1) It is the intent of the Legislature that the
   83  department:
   84         (a) Ensure that information be provided to decisionmakers
   85  in a timely manner so that resources are allocated to programs
   86  of the department which achieve desired performance levels.
   87         (b) Provide information about the cost of such programs and
   88  their differential effectiveness so that the quality of such
   89  programs can be compared and improvements made continually.
   90         (c) Provide information to aid in developing related policy
   91  issues and concerns.
   92         (d) Provide information to the public about the
   93  effectiveness of such programs in meeting established goals and
   94  objectives.
   95         (e) Provide a basis for a system of accountability so that
   96  each client is afforded the best programs to meet his or her
   97  needs.
   98         (f) Improve service delivery to clients.
   99         (g) Modify or eliminate activities that are not effective.
  100         (2) As used in this section, the term:
  101         (a) “Client” means any person who is being provided
  102  treatment or services by the department or by a provider under
  103  contract with the department.
  104         (b) “Program component” means an aggregation of generally
  105  related objectives which, because of their special character,
  106  related workload, and interrelated output, can logically be
  107  considered an entity for purposes of organization, management,
  108  accounting, reporting, and budgeting.
  109         (c) “Program effectiveness” means the ability of the
  110  program to achieve desired client outcomes, goals, and
  111  objectives.
  112         (3) The department shall annually collect and report cost
  113  data for every program operated by the department or its
  114  contracted provider or contracted by the department. The cost
  115  data shall conform to a format approved by the department and
  116  the Legislature. Uniform cost data shall be reported and
  117  collected for each education program operated by a school
  118  district or private provider contracted by a school district
  119  state-operated and contracted programs so that comparisons can
  120  be made among programs. The Department of Education shall ensure
  121  that there is accurate cost accounting for education programs
  122  operated by school districts, including those programs operated
  123  by private providers under contract with school districts state
  124  operated services including market-equivalent rent and other
  125  shared cost. The cost of the educational program provided to a
  126  residential facility shall be reported and included in the cost
  127  of a program. The Department of Education shall submit an annual
  128  cost data report to the department President of the Senate, the
  129  Speaker of the House of Representatives, the Minority Leader of
  130  each house of the Legislature, the appropriate substantive and
  131  fiscal committees of each house of the Legislature, and the
  132  Governor, no later than December 1 of each year. The annual cost
  133  data shall be included in the annual report required in
  134  subsection (7). Cost-benefit analysis for juvenile justice
  135  education educational programs shall will be developed and
  136  implemented in collaboration with and in cooperation with the
  137  Department of Education, local providers, and local school
  138  districts. Cost data for the report shall include data collected
  139  by the Department of Education for the purposes of preparing the
  140  annual report required by s. 1003.52(19).
  141         (4)(a) The department, in consultation with the Office of
  142  Economic and Demographic Research and contract service
  143  providers, shall develop a cost-effectiveness model and apply
  144  the model to each commitment program. Program recidivism rates
  145  shall be a component of the model. The cost-effectiveness model
  146  shall compare program costs to client outcomes and program
  147  outputs. It is the intent of the Legislature that continual
  148  development efforts take place to improve the validity and
  149  reliability of the cost-effectiveness model.
  150         (b) The department shall rank commitment programs based on
  151  the cost-effectiveness model and shall submit a report to the
  152  appropriate substantive and fiscal committees of each house of
  153  the Legislature by December 31 of each year.
  154         (c) Based on reports of the department on client outcomes
  155  and program outputs and on the department’s most recent cost
  156  effectiveness rankings, the department may terminate a program
  157  operated by the department or a provider if the program has
  158  failed to achieve a minimum threshold of program effectiveness.
  159  This paragraph does not preclude the department from terminating
  160  a contract as provided under this section or as otherwise
  161  provided by law or contract, and does not limit the department’s
  162  authority to enter into or terminate a contract.
  163         (d) In collaboration with the Office of Economic and
  164  Demographic Research, and contract service providers, the
  165  department shall develop a work plan to refine the cost
  166  effectiveness model so that the model is consistent with the
  167  performance-based program budgeting measures approved by the
  168  Legislature to the extent the department deems appropriate. The
  169  department shall notify the Office of Program Policy Analysis
  170  and Government Accountability of any meetings to refine the
  171  model.
  172         (e) Contingent upon specific appropriation, the department,
  173  in consultation with the Office of Economic and Demographic
  174  Research, and contract service providers, shall:
  175         1. Construct a profile of each commitment program that uses
  176  the results of the quality assurance report required by this
  177  section, the cost-effectiveness report required in this
  178  subsection, and other reports available to the department.
  179         2. Target, for a more comprehensive evaluation, any
  180  commitment program that has achieved consistently high, low, or
  181  disparate ratings in the reports required under subparagraph 1.
  182         3. Identify the essential factors that contribute to the
  183  high, low, or disparate program ratings.
  184         4. Use the results of these evaluations in developing or
  185  refining juvenile justice programs or program models, client
  186  outcomes and program outputs, provider contracts, quality
  187  assurance standards, and the cost-effectiveness model.
  188         (5)(a) Program effectiveness shall be determined by
  189  implementing systematic data collection, data analysis, and
  190  education and workforce-related program evaluations pursuant to
  191  this section and s. 1003.515.
  192         (b)The evaluation of juvenile justice education and
  193  workforce-related programs shall be based on the performance
  194  outcomes provided in s. 1003.515(7).
  195         (6)(5) The department shall:
  196         (a) Establish a comprehensive quality assurance system for
  197  each program operated by the department or its contracted
  198  provider operated by a provider under contract with the
  199  department. Each contract entered into by the department must
  200  provide for quality assurance.
  201         (b) Provide operational definitions of and criteria for
  202  quality assurance for each specific program component.
  203         (c) Establish quality assurance goals and objectives for
  204  each specific program component.
  205         (d) Establish the information and specific data elements
  206  required for the quality assurance program.
  207         (e) Develop a quality assurance manual of specific,
  208  standardized terminology and procedures to be followed by each
  209  program.
  210         (f) Evaluate each program operated by the department or its
  211  contracted a provider under a contract with the department and
  212  establish minimum thresholds for each program component. If a
  213  provider fails to meet the established minimum thresholds, such
  214  failure shall cause the department to cancel the provider’s
  215  contract unless the provider achieves compliance with minimum
  216  thresholds within 6 months or unless there are documented
  217  extenuating circumstances. In addition, the department may not
  218  contract with the same provider for the canceled service for a
  219  period of 12 months. If a department-operated program fails to
  220  meet the established minimum thresholds, the department must
  221  take necessary and sufficient steps to ensure and document
  222  program changes to achieve compliance with the established
  223  minimum thresholds. If the department-operated program fails to
  224  achieve compliance with the established minimum thresholds
  225  within 6 months and if there are no documented extenuating
  226  circumstances, the department must notify the Executive Office
  227  of the Governor and the Legislature of the corrective action
  228  taken. Appropriate corrective action may include, but is not
  229  limited to:
  230         1. Contracting out for the services provided in the
  231  program;
  232         2. Initiating appropriate disciplinary action against all
  233  employees whose conduct or performance is deemed to have
  234  materially contributed to the program’s failure to meet
  235  established minimum thresholds;
  236         3. Redesigning the program; or
  237         4. Realigning the program.
  238  
  239  The department shall submit an annual report to the President of
  240  the Senate, the Speaker of the House of Representatives, the
  241  Minority Leader of each house of the Legislature, the
  242  appropriate substantive and fiscal committees of each house of
  243  the Legislature, and the Governor, no later than February 1 of
  244  each year. The annual report must contain, at a minimum, for
  245  each specific program component: a comprehensive description of
  246  the population served by the program; a specific description of
  247  the services provided by the program; cost; a comparison of
  248  expenditures to federal and state funding; immediate and long
  249  range concerns; and recommendations to maintain, expand,
  250  improve, modify, or eliminate each program component so that
  251  changes in services lead to enhancement in program quality. The
  252  department shall ensure the reliability and validity of the
  253  information contained in the report.
  254         (7)The department, in collaboration with the Department of
  255  Education and in consultation with the school districts and
  256  private juvenile justice education program providers, shall
  257  prepare an annual report containing the education performance
  258  outcomes, based on the criteria in s. 1003.515(7), of youth in
  259  juvenile justice education programs. The report shall delineate
  260  the performance outcomes of youth in the state, in each school
  261  district’s juvenile justice education program, and for each
  262  private provider’s juvenile justice education program, including
  263  the performance outcomes of all major student populations and
  264  genders, as determined by the Department of Education. The
  265  report shall address the use and successful completion of
  266  virtual instruction courses and the successful implementation of
  267  transition and reintegration plans. The report must include an
  268  analysis of the performance of youth over time, including, but
  269  not limited to, additional education attainment, employment,
  270  earnings, industry certification, and rates of recidivism. The
  271  report must also include recommendations for improving
  272  performance outcomes and for additional cost savings and
  273  efficiencies. The report shall be submitted to the Governor, the
  274  President of the Senate, and the Speaker of the House of
  275  Representatives by December 31, 2013, and each year thereafter.
  276         (8)(6) The department shall collect and analyze available
  277  statistical data for the purpose of ongoing evaluation of all
  278  programs. The department shall provide the Legislature with
  279  necessary information and reports to enable the Legislature to
  280  make informed decisions regarding the effectiveness of, and any
  281  needed changes in, services, programs, policies, and laws.
  282         Section 5. Section 985.721, Florida Statutes, is amended to
  283  read:
  284         985.721 Escapes from secure detention or residential
  285  commitment facility.—An escape from:
  286         (1) Any secure detention facility maintained for the
  287  temporary detention of children, pending adjudication,
  288  disposition, or placement;
  289         (2) Any residential commitment facility described in s.
  290  985.03(46) 985.03(45), maintained for the custody, treatment,
  291  punishment, or rehabilitation of children found to have
  292  committed delinquent acts or violations of law; or
  293         (3) Lawful transportation to or from any such secure
  294  detention facility or residential commitment facility,
  295  
  296  constitutes escape within the intent and meaning of s. 944.40
  297  and is a felony of the third degree, punishable as provided in
  298  s. 775.082, s. 775.083, or s. 775.084.
  299         Section 6. Paragraph (b) of subsection (18) of section
  300  1001.42, Florida Statutes, is amended to read:
  301         1001.42 Powers and duties of district school board.—The
  302  district school board, acting as a board, shall exercise all
  303  powers and perform all duties listed below:
  304         (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.
  305  Maintain a state system of school improvement and education
  306  accountability as provided by statute and State Board of
  307  Education rule. This system of school improvement and education
  308  accountability shall be consistent with, and implemented
  309  through, the district’s continuing system of planning and
  310  budgeting required by this section and ss. 1008.385, 1010.01,
  311  and 1011.01. This system of school improvement and education
  312  accountability shall comply with the provisions of ss. 1008.33,
  313  1008.34, 1008.345, and 1008.385 and include the following:
  314         (b) Public disclosure.—The district school board shall
  315  provide information regarding the performance of students in and
  316  education educational programs as required pursuant to ss.
  317  1008.22 and 1008.385 and implement a system of school reports as
  318  required by statute and State Board of Education rule which
  319  shall include schools operating for the purpose of providing
  320  education educational services to youth in Department of
  321  Juvenile Justice residential and nonresidential programs, and
  322  for those programs schools, report on the data and education
  323  outcomes elements specified in s. 1003.515(7) 1003.52(19).
  324  Annual public disclosure reports shall be in an easy-to-read
  325  report card format and shall include the school’s grade, high
  326  school graduation rate calculated without GED tests,
  327  disaggregated by student ethnicity, and performance data as
  328  specified in state board rule.
  329         Section 7. Subsection (20) of section 1002.20, Florida
  330  Statutes, is amended to read:
  331         1002.20 K-12 student and parent rights.—Parents of public
  332  school students must receive accurate and timely information
  333  regarding their child’s academic progress and must be informed
  334  of ways they can help their child to succeed in school. K-12
  335  students and their parents are afforded numerous statutory
  336  rights including, but not limited to, the following:
  337         (20) JUVENILE JUSTICE PROGRAMS.—Students who are in
  338  juvenile justice programs have the right to receive educational
  339  programs and services in accordance with the provisions of s.
  340  1003.515 1003.52.
  341         Section 8. Paragraph (b) of subsection (1) of section
  342  1002.45, Florida Statutes, is amended to read:
  343         1002.45 Virtual instruction programs.—
  344         (1) PROGRAM.—
  345         (b) Each school district that is eligible for the sparsity
  346  supplement pursuant to s. 1011.62(7) shall provide all enrolled
  347  public school students within its boundaries the option of
  348  participating in part-time and full-time virtual instruction
  349  programs. Each school district that is not eligible for the
  350  sparsity supplement shall provide at least three options for
  351  part-time and full-time virtual instruction. All school
  352  districts must provide parents with timely written notification
  353  of an open enrollment period for full-time students of at least
  354  90 days that ends no later than 30 days before prior to the
  355  first day of the school year. The purpose of the program is to
  356  make quality virtual instruction available to students using
  357  online and distance learning technology in the nontraditional
  358  classroom. A school district virtual instruction program shall
  359  provide the following:
  360         1. Full-time virtual instruction for students enrolled in
  361  kindergarten through grade 12.
  362         2. Part-time virtual instruction for students enrolled in
  363  grades 9 through 12 courses that are measured pursuant to
  364  subparagraph (8)(a)2.
  365         3. Full-time or part-time virtual instruction for students
  366  enrolled in dropout prevention and academic intervention
  367  programs under s. 1003.53, Department of Juvenile Justice
  368  education programs under s. 1003.515 1003.52, core-curricula
  369  courses to meet class size requirements under s. 1003.03, or
  370  Florida College System institutions under this section.
  371         Section 9. Paragraph (a) of subsection (11) of section
  372  1003.01, Florida Statutes, is amended to read:
  373         1003.01 Definitions.—As used in this chapter, the term:
  374         (11)(a) “Juvenile justice education programs or schools”
  375  means programs or schools operating for the purpose of providing
  376  educational services to youth in Department of Juvenile Justice
  377  programs, for a school year comprised of 250 days of instruction
  378  distributed over 12 months. At the request of the provider, a
  379  district school board may decrease the minimum number of days of
  380  instruction by up to 10 days for teacher planning for
  381  residential programs and up to 20 days for teacher planning for
  382  nonresidential programs, subject to the approval of the
  383  Department of Juvenile Justice and the Department of Education.
  384         Section 10. Section 1003.515, Florida Statutes, is created
  385  to read:
  386         1003.515 The Florida Juvenile Justice Education Act.—
  387         (1) SHORT TITLE.—This section may be cited as the “Florida
  388  Juvenile Justice Education Act.”
  389         (2) LEGISLATIVE FINDING.—The Legislature finds that an
  390  education is the single most important factor in the
  391  rehabilitation of adjudicated youth who are in Department of
  392  Juvenile Justice residential and nonresidential programs.
  393         (3) PURPOSES.—The purposes of this section are to:
  394         (a) Provide performance-based outcome measures and
  395  accountability for juvenile justice education programs; and
  396         (b)Improve academic and workforce-related outcomes so that
  397  adjudicated and at-risk youth may successfully complete the
  398  transition to and reenter the academic and workforce
  399  environments.
  400         (4) DEFINITION.—For purposes of this section, the term
  401  “juvenile justice education programs” has the same meaning as in
  402  s. 1003.01(11)(a).
  403         (5) SCHOOL DISTRICT AND CONTRACTED EDUCATION PROVIDER
  404  RESPONSIBILITIES.—
  405         (a) A school district or private provider contracted by a
  406  school district to offer education services to youth in a
  407  juvenile justice education program shall:
  408         1. Provide rigorous and relevant academic and workforce
  409  related curricula that will lead to industry certifications in
  410  an occupational area of high demand identified in the Industry
  411  Certification Funding list adopted by the State Board of
  412  Education, or articulate to secondary or postsecondary-level
  413  coursework, as appropriate.
  414         2.Support state, local, and regional economic development
  415  demands.
  416         3. Make high-wage and high-demand careers more accessible
  417  to adjudicated and at-risk youth.
  418         4. Reduce rates of recidivism for adjudicated youth.
  419         5. Provide access to the appropriate courses and
  420  instruction to prepare youth for a standard high school diploma,
  421  a special diploma, or a high school equivalency diploma, as
  422  appropriate.
  423         6. Provide access to virtual education courses that are
  424  appropriate to meet the requirements of academic or workforce
  425  related programs and the requirements for continuing education
  426  specified in the youth’s transition and postrelease plans.
  427         7. Provide opportunities for earning credits toward high
  428  school graduation or credits that articulate to postsecondary
  429  education institutions while the youth are in residential and
  430  nonresidential juvenile justice facilities.
  431         8. Ensure that the credits and partial credits earned by
  432  the youth are transferred and included in the youth’s records as
  433  part of the transition plan.
  434         9.Ensure that the education program consists of the
  435  appropriate academic, workforce-related, or exceptional
  436  education curricula and related services that directly support
  437  performance outcomes, which must be specified in each youth’s
  438  education transition plan component as required by subsection
  439  (10).
  440         10. If the duration of a youth’s stay in a program is less
  441  than 40 days, ensure that the youth receives employability, life
  442  skills, and academic remediation, as appropriate. In addition,
  443  counseling and transition services must be provided which
  444  mitigate the youth’s identified risk factors and prepare the
  445  youth for a successful reintegration into the school, community,
  446  and home settings.
  447         11. Maintain an academic record for each youth who is
  448  enrolled in a juvenile justice facility, as required by s.
  449  1003.51, and ensure that the coursework, credits, partial
  450  credits, occupational completion points, and industry
  451  certifications earned by the youth are transferred and included
  452  in the youth’s transition plan pursuant to s. 985.46.
  453         (b)Each school district and private provider shall ensure
  454  that the following youth participate in the program:
  455         1.Youth who are of compulsory school attendance age
  456  pursuant to s. 1003.21.
  457         2.Youth who are not of compulsory school attendance age
  458  and who have not received a high school diploma or its
  459  equivalent, if the youth is in a residential or nonresidential
  460  juvenile justice program. Such youth must participate in the
  461  education program and participate in a workforce-related
  462  education program that leads to industry certification in an
  463  occupational area of high demand. This subparagraph does not
  464  limit the rights of students with disabilities, as defined under
  465  the Individuals with Disabilities Education Act, who are not of
  466  compulsory school attendance age and who have not received a
  467  high school diploma to receive a free, appropriate public
  468  education in accordance with their individualized needs.
  469         3.Youth who have attained a high school diploma or its
  470  equivalent and who are not employed. Such youth must participate
  471  in a workforce-related education program that leads to
  472  employment in an occupational area of high demand. Such youth
  473  may enroll in a state postsecondary institution to complete the
  474  workforce-related education program and are exempt from the
  475  payment of tuition and fees pursuant to s. 1009.25(1)(g).
  476         (6) PROGRAM REQUIREMENTS.—In compliance with the strategic
  477  5-year plan under s. 1003.491, each juvenile justice residential
  478  and nonresidential education program shall, in collaboration
  479  with the regional workforce board or economic development agency
  480  and local postsecondary institutions, determine the appropriate
  481  occupational areas for the program. Juvenile justice education
  482  programs must:
  483         (a)Ensure that rigorous academic and workforce-related
  484  coursework is offered and meets or exceeds appropriate state
  485  approved subject area standards, and results in the attainment
  486  of industry certification and postsecondary credit, when
  487  appropriate;
  488         (b)Ensure instruction from individuals who hold industry
  489  credentials in the occupational areas in which they teach;
  490         (c) Maximize the use of private sector personnel;
  491         (d)Use strategies to maximize the delivery of virtual
  492  instruction;
  493         (e) Maximize instructional efficiency for youth in juvenile
  494  justice facilities;
  495         (f)Provide opportunities for youth to earn weighted or
  496  dual enrollment credit for higher-level courses, when
  497  appropriate;
  498         (g) Promote credit recovery; and
  499         (h)Provide instruction that results in competency,
  500  certification, or credentials in workplace skills, including,
  501  but not limited to, communication skills, interpersonal skills,
  502  decisionmaking skills, work ethic, and the importance of
  503  attendance and timeliness in the work environment.
  504         (7)DEPARTMENT RESPONSIBILITIES.—
  505         (a)The department shall identify each residential and
  506  nonresidential juvenile justice education program, excluding
  507  detention programs, as having one of the following performance
  508  ratings as defined by State Board of Education rule:
  509         1.High performance.
  510         2.Adequate performance.
  511         3.Failing performance.
  512         (b)The department shall consider the level of rigor
  513  associated with the attainment of a particular outcome when
  514  assigning weight to the outcome. The department shall evaluate
  515  the following elements in determining a juvenile justice
  516  education program’s performance rating:
  517         1.One or more of the following outcomes for a youth who is
  518  14 years of age or younger:
  519         a.Achieving academic progress in reading and mathematics,
  520  as measured by the statewide common pre- and post-assessment
  521  adopted by the department for use in juvenile justice education
  522  programs, and participating in continuing education upon release
  523  from a juvenile justice residential or nonresidential program.
  524         b.Completing secondary coursework and participating in
  525  continuing education upon release from a juvenile justice
  526  residential or nonresidential program.
  527         c.Attaining occupational completion points in an
  528  occupational area of high demand identified in the Industry
  529  Certification Funding list adopted by the State Board of
  530  Education and participating in continuing education upon release
  531  from a juvenile justice residential or nonresidential program.
  532         d.Attaining an industry certification in an occupational
  533  area of high demand identified in the Industry Certification
  534  Funding list adopted by the State Board of Education, if
  535  available and appropriate, and participating in continuing
  536  education upon release from a juvenile justice residential or
  537  nonresidential program.
  538         2.One or more of the following outcomes for a youth who is
  539  15 years of age or older:
  540         a. Achieving academic progress in reading and mathematics,
  541  as measured by the statewide common pre- and post-assessment
  542  adopted by the department for use in juvenile justice education
  543  programs, and participating in continuing education upon release
  544  from a juvenile justice residential or nonresidential program.
  545         b. Earning secondary or postsecondary credit upon release
  546  from a juvenile justice facility and participating in continuing
  547  education upon release from a juvenile justice residential or
  548  nonresidential program.
  549         c.Attaining a high school diploma or its equivalent and
  550  participating in continuing education at the postsecondary level
  551  upon release from a juvenile justice residential or
  552  nonresidential program.
  553         d. Attaining a high school diploma or its equivalent and
  554  obtaining employment.
  555         e.Attaining an industry certification in an occupational
  556  area of high demand identified in the Industry Certification
  557  Funding list adopted by the State Board of Education and
  558  obtaining employment.
  559         f. Attaining occupational completion points in an
  560  occupational area of high demand and obtaining employment.
  561         g. Attaining occupational completion points in an
  562  occupational area of high demand identified in the Industry
  563  Certification Funding list adopted by the State Board of
  564  Education and, upon release from a juvenile justice residential
  565  or nonresidential program, participating in continuing education
  566  in order to complete the industry certification in that
  567  occupation.
  568         (c)By September 1, 2012, the department shall make
  569  available a common student pre- and post-assessment to measure
  570  the academic progress in reading and mathematics of youth who
  571  are assigned to juvenile justice education programs.
  572  
  573  For purposes of performance ratings, juvenile justice
  574  residential and nonresidential education programs, excluding
  575  detention centers, shall be held accountable for the performance
  576  outcomes of youth for no more than 6 months after the release of
  577  youth from the residential or nonresidential program. This
  578  subsection does not abrogate the provisions of s. 1002.22 which
  579  relate to education records or the requirements of 20 U.S.C. s.
  580  1232g, the Family Educational Rights and Privacy Act.
  581         (8)PROGRAM ACCOUNTABILITY.—
  582         (a) The department shall, in collaboration with the
  583  Department of Juvenile Justice:
  584         1.Monitor the education performance of youth in juvenile
  585  justice facilities.
  586         2.Prohibit school districts or private providers that have
  587  failing performance ratings from delivering the education
  588  services.
  589         3.Verify that a school district is operating or
  590  contracting with a private provider to deliver education
  591  services.
  592         (b) If a school district’s juvenile justice residential or
  593  nonresidential education program earns two failing performance
  594  ratings in any 3-year period, as provided in subsection (7), the
  595  school district shall contract with a private provider that has
  596  an adequate or higher performance rating or enter into an
  597  agreement with a school district that has an adequate or higher
  598  performance rating to deliver the education services to the
  599  youth in the program.
  600         (c)Except as provided in paragraph (b), the school
  601  district of the county in which the residential or
  602  nonresidential facility is located shall deliver education
  603  services to youth in Department of Juvenile Justice programs. A
  604  school district may contract with a private provider to deliver
  605  the education services in lieu of directly providing the
  606  education services. The contract shall include performance
  607  criteria as provided in subsection (7).
  608         (d)When determining educational placement for youth who
  609  enroll in a school district upon release, the school district
  610  must adhere to the transition plan established under s.
  611  985.46(6).
  612         (e)If a private provider under contract with a school
  613  district maintains a high-performance rating pursuant to
  614  subsection (7), the school district may not require a private
  615  provider to use the school district’s personnel.
  616         (f)Academic instructional personnel must be certified by
  617  the Department of Education; however, a nondegreed teacher of
  618  career education may be certified by a local school district
  619  under s. 1012.39 and may be designated as teaching out-of-field.
  620  An instructor who is deemed to be an expert in a specific field
  621  may be employed under s. 1012.55(1).
  622         (g)Each school district must provide juvenile justice
  623  education programs access to substitute classroom teachers used
  624  by the school district.
  625         (9) EXITING PROGRAM.—Upon exiting a program, a youth must:
  626         (a) Attain an industry certification in an occupational
  627  area of high demand identified in the Industry Certification
  628  Funding list adopted by the State Board of Education;
  629         (b) Enroll in a program to complete the industry
  630  certification;
  631         (c) Be gainfully employed and earning full-time wages; or
  632         (d)Enroll in and continue his or her education based on
  633  the transition and postrelease plan provided in s. 958.46.
  634         (10)EDUCATION TRANSITION PLAN COMPONENT.—
  635         (a) The education transition plan component shall be
  636  incorporated in the transition plan pursuant to s. 985.46(6).
  637         (b) Each juvenile justice education program must develop an
  638  education transition plan component during the course of a
  639  youth’s stay in a juvenile justice residential or nonresidential
  640  program which coordinates academic and workforce services and
  641  assists the youth in successful community reintegration upon the
  642  youth’s release.
  643         (c)The development of the education transition plan
  644  component shall begin upon a youth’s placement in the program.
  645  The education transition plan component must include the
  646  academic and workforce services to be provided during the
  647  program stay and the establishment of services to be implemented
  648  upon release. The appropriate personnel in the juvenile justice
  649  residential and nonresidential program, the members of the
  650  community, the youth, and the youth’s family, when appropriate,
  651  shall collaborate to develop the education transition plan
  652  component.
  653         (d)Education planning for reintegration shall begin when
  654  placement decisions are made and continue throughout the youth’s
  655  stay in order to provide for continuing education, job
  656  placement, and other necessary services. Individuals who are
  657  responsible for reintegration shall coordinate activities to
  658  ensure that the education transition plan component is
  659  successfully implemented and a youth is provided access to
  660  support services that will sustain the youth’s success once he
  661  or she is no longer under the supervision of the Department of
  662  Juvenile Justice. The education transition plan component must
  663  provide for continuing education, workforce development, or
  664  meaningful job placement pursuant to the performance outcomes in
  665  subsection (7). For purposes of this section, the term
  666  “reintegration” means the process by which a youth returns to
  667  the community following release from a juvenile justice program.
  668         (11)FUNDING.—
  669         (a)Youth who are participating in GED preparation programs
  670  while under the supervision of the Department of Juvenile
  671  Justice shall be funded at the basic program cost factor for
  672  juvenile justice programs in the Florida Education Finance
  673  Program (FEFP). Juvenile justice education programs shall be
  674  funded in the appropriate FEFP program based on the education
  675  services needed by the students in the programs pursuant to s.
  676  1011.62.
  677         (b)Juvenile justice education programs operated through a
  678  contract with the Department of Juvenile Justice and under the
  679  purview of the department’s quality assurance standards and
  680  performance outcomes shall receive the appropriate FEFP funding
  681  for juvenile justice programs.
  682         (c)A district school board shall fund the education
  683  program in a juvenile justice facility at the same or higher
  684  level of funding for equivalent students in the district school
  685  system based on the funds generated through the FEFP and funds
  686  allocated from federal programs.
  687         (d)Consistent with the rules of the State Board of
  688  Education, district school boards shall request an alternative
  689  full-time equivalent (FTE) survey for juvenile justice programs
  690  experiencing fluctuations in student enrollment.
  691         (e)The State Board of Education shall prescribe rules
  692  relating to FTE count periods which must be the same for
  693  juvenile justice programs and other public school programs. The
  694  summer school period for students in juvenile justice programs
  695  shall begin on the day immediately preceding the subsequent
  696  regular school year. Students may be funded for no more than 25
  697  hours per week of direct instruction; however, students shall be
  698  provided access to virtual instruction in order to maximize the
  699  most efficient use of time.
  700         (12)FACILITIES.—The district school board may not be
  701  charged any rent, maintenance, utilities, or overhead on the
  702  facilities. Maintenance, repairs, and remodeling of existing
  703  facilities shall be provided by the Department of Juvenile
  704  Justice.
  705         (13)RULEMAKING.—The State Board of Education shall
  706  collaborate with the Department of Juvenile Justice, the
  707  Department of Economic Opportunity, school districts, and
  708  private providers to adopt rules pursuant to ss. 120.536(1) and
  709  120.54 to administer this section.
  710         Section 11. Section 1003.52, Florida Statutes, is repealed.
  711         Section 12. Present paragraph (g) of subsection (1) of
  712  section 1009.25, Florida Statutes, is redesignated as paragraph
  713  (h), and a new paragraph (g) is added to that subsection, to
  714  read:
  715         1009.25 Fee exemptions.—
  716         (1) The following students are exempt from the payment of
  717  tuition and fees, including lab fees, at a school district that
  718  provides postsecondary career programs, Florida College System
  719  institution, or state university:
  720         (g) For purposes of completing coursework initiated while
  721  in the temporary custody of the state, youth who are eligible
  722  under s. 1003.515(5)(b)3. and who are ordered by a court to
  723  participate in a juvenile justice residential program.
  724         Section 13. Paragraph (f) of subsection (1) of section
  725  1011.62, Florida Statutes, is amended to read:
  726         1011.62 Funds for operation of schools.—If the annual
  727  allocation from the Florida Education Finance Program to each
  728  district for operation of schools is not determined in the
  729  annual appropriations act or the substantive bill implementing
  730  the annual appropriations act, it shall be determined as
  731  follows:
  732         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
  733  OPERATION.—The following procedure shall be followed in
  734  determining the annual allocation to each district for
  735  operation:
  736         (f) Supplemental academic instruction; categorical fund.—
  737         1. There is created a categorical fund to provide
  738  supplemental academic instruction to students in kindergarten
  739  through grade 12. This paragraph may be cited as the
  740  “Supplemental Academic Instruction Categorical Fund.”
  741         2. Categorical funds for supplemental academic instruction
  742  shall be allocated annually to each school district in the
  743  amount provided in the General Appropriations Act. These funds
  744  shall be in addition to the funds appropriated on the basis of
  745  FTE student membership in the Florida Education Finance Program
  746  and shall be included in the total potential funds of each
  747  district. These funds shall be used to provide supplemental
  748  academic instruction to students enrolled in the K-12 program.
  749  Supplemental instruction strategies may include, but are not
  750  limited to: modified curriculum, reading instruction, after
  751  school instruction, tutoring, mentoring, class size reduction,
  752  extended school year, intensive skills development in summer
  753  school, and other methods for improving student achievement.
  754  Supplemental instruction may be provided to a student in any
  755  manner and at any time during or beyond the regular 180-day term
  756  identified by the school as being the most effective and
  757  efficient way to best help that student progress from grade to
  758  grade and to graduate.
  759         3. Effective with the 2012-2013 1999-2000 fiscal year,
  760  funding on the basis of FTE membership beyond the 180-day
  761  regular term shall be provided in the FEFP only for students
  762  enrolled in juvenile justice education programs or in education
  763  programs for juveniles placed in secure facilities or programs
  764  under s. 985.19. Funding for instruction beyond the regular 180
  765  day school year for all other K-12 students shall be provided
  766  through the supplemental academic instruction categorical fund
  767  and other state, federal, and local fund sources with ample
  768  flexibility for schools to provide supplemental instruction to
  769  assist students in progressing from grade to grade and
  770  graduating.
  771         4. The Florida State University School, as a lab school, is
  772  authorized to expend from its FEFP or Lottery Enhancement Trust
  773  Fund allocation the cost to the student of remediation in
  774  reading, writing, or mathematics for any graduate who requires
  775  remediation at a postsecondary educational institution.
  776         5. Beginning in the 1999-2000 school year, Dropout
  777  prevention programs as defined in ss. 1003.515 1003.52,
  778  1003.53(1)(a), (b), and (c), and 1003.54 shall be included in
  779  group 1 programs under subparagraph (d)3.
  780         Section 14. This act shall take effect upon becoming a law.
  781  
  782  ================= T I T L E  A M E N D M E N T ================
  783         And the title is amended as follows:
  784         Delete everything before the enacting clause
  785  and insert:
  786                        A bill to be entitled                      
  787         An act relating to juvenile justice education and
  788         workforce programs; amending s. 985.03, F.S.;
  789         providing a definition for the term “juvenile justice
  790         education programs” for purposes of the act; amending
  791         s. 985.46, F.S.; requiring that each juvenile
  792         committed to a juvenile justice commitment program
  793         have a transition plan upon release; requiring that
  794         the transition plan include an education transition
  795         plan component and information regarding delinquency
  796         treatment and intervention services that are
  797         accessible upon exiting the program; amending s.
  798         985.618, F.S.; providing legislative intent regarding
  799         juvenile justice education and workforce-related
  800         programs; requiring that the Department of Juvenile
  801         Justice, in collaboration with the Department of
  802         Education, annually verify that each juvenile justice
  803         education program meets specified minimum standards;
  804         requiring that the department collaborate with certain
  805         entities to adopt rules; amending s. 985.632, F.S.;
  806         conforming provisions to changes made by the act;
  807         requiring that the Department of Education rather than
  808         the Department of Juvenile Justice ensure that there
  809         is accurate cost accounting for certain education
  810         programs; requiring that the Department of Education
  811         submit annual cost data to the department; requiring
  812         that the effectiveness of juvenile justice education
  813         programs be determined by implementing systematic data
  814         collection, data analysis, and evaluations; requiring
  815         that the programs be evaluated based on student
  816         performance outcomes; requiring that the Department of
  817         Juvenile Justice, in collaboration with the Department
  818         of Education and in consultation with other entities,
  819         prepare and submit an annual report to the Governor
  820         and the Legislature by a specified date; amending s.
  821         985.721, F.S.; conforming a cross-reference; amending
  822         s. 1001.42, F.S.; conforming provisions to changes
  823         made by the act; conforming a cross-reference;
  824         amending ss. 1002.20 and 1002.45, F.S.; conforming
  825         cross-references; amending s. 1003.01, F.S.; revising
  826         the term “juvenile justice education programs or
  827         schools” to conform to changes made by the act;
  828         creating s. 1003.515, F.S.; providing a short title;
  829         providing a legislative finding; providing purposes of
  830         the Florida Juvenile Justice Education Act; providing
  831         a definition for the term “juvenile justice education
  832         programs”; providing responsibilities for school
  833         districts and private providers contracted by school
  834         districts to offer education services to youth in
  835         juvenile justice education programs; requiring that
  836         each juvenile justice residential and nonresidential
  837         program involve the regional workforce board or
  838         economic development agency and local postsecondary
  839         institutions to determine the occupational areas for
  840         the education and workforce-related program; providing
  841         requirements for education and workforce-related
  842         services in juvenile justice programs; providing
  843         responsibilities for the Department of Education;
  844         requiring that the department identify each juvenile
  845         justice residential and nonresidential education
  846         program, excluding detention programs, by performance
  847         ratings; providing criteria for determining
  848         performance ratings; requiring that the department
  849         make available a common student pre- and post
  850         assessment to measure the academic progress in reading
  851         and mathematics of youth in juvenile justice education
  852         programs; requiring that juvenile justice residential
  853         and nonresidential education programs, excluding
  854         detention centers, be held accountable for student
  855         performance outcomes for a specified period after
  856         youth are released from the programs; providing for
  857         program accountability; requiring that the department
  858         monitor the education performance of youth, prohibit
  859         certain school district or private providers, under
  860         specified circumstances, from delivering education
  861         services, and verify that a school district is
  862         operating or contracting to deliver education
  863         services; providing for a school district’s
  864         responsibilities; requiring that a youth who exits the
  865         program attain an industry certification, enroll in a
  866         program to complete the industry certification, be
  867         gainfully employed, or enroll in and continue his or
  868         her education based on a transition plan; requiring
  869         that an education transition plan component be
  870         incorporated in a youth’s transition plan; requiring
  871         that each juvenile justice education program develop
  872         the education transition plan component during the
  873         course of the youth’s stay in a juvenile justice
  874         residential or nonresidential program; providing
  875         funding requirements for the juvenile justice
  876         education programs; prohibiting a district school
  877         board from being charged rent, maintenance, utilities,
  878         or overhead on facilities; requiring that the
  879         Department of Juvenile Justice provide maintenance,
  880         repairs, and remodeling of existing facilities;
  881         requiring that the State Board of Education
  882         collaborate with the Department of Juvenile Justice,
  883         the Department of Economic Opportunity, school
  884         districts, and private providers to adopt rules;
  885         repealing s. 1003.52, F.S., relating to educational
  886         services in Department of Juvenile Justice programs;
  887         amending s. 1009.25, F.S.; providing an exemption from
  888         the payment of postsecondary education fees and
  889         tuition for certain youth who are ordered by a court
  890         to participate in a juvenile justice residential
  891         program; amending s. 1011.62, F.S.; extending dates
  892         relating to the funding of students who are enrolled
  893         in juvenile justice education programs or in education
  894         programs for juveniles placed in secure facilities;
  895         conforming a cross-reference; providing an effective
  896         date.