Florida Senate - 2012 CS for CS for CS for SB 834
By the Committees on Budget Subcommittee on Criminal and Civil
Justice Appropriations; Criminal Justice; Education Pre-K - 12;
and Education Pre-K - 12
604-04279-12 2012834c3
1 A bill to be entitled
2 An act relating to juvenile justice education and
3 workforce programs; amending s. 985.03, F.S.;
4 providing a definition for the term “juvenile justice
5 education programs” for purposes of the act; amending
6 s. 985.46, F.S.; requiring that each juvenile
7 committed to a juvenile justice commitment program
8 have a transition plan upon release; requiring that
9 the transition plan include an education transition
10 plan component and information regarding delinquency
11 treatment and intervention services that are
12 accessible upon exiting the program; amending s.
13 985.618, F.S.; providing legislative intent regarding
14 juvenile justice education and workforce-related
15 programs; requiring that the Department of Juvenile
16 Justice, in collaboration with the Department of
17 Education, annually verify that each juvenile justice
18 education program meets specified minimum standards;
19 requiring that the department collaborate with certain
20 entities to adopt rules; amending s. 985.632, F.S.;
21 conforming provisions to changes made by the act;
22 requiring that the Department of Education rather than
23 the Department of Juvenile Justice ensure that there
24 is accurate cost accounting for certain education
25 programs; requiring that the Department of Education
26 submit annual cost data to the Department of Juvenile
27 Justice; requiring that the effectiveness of juvenile
28 justice education programs be determined by
29 implementing systematic data collection, data
30 analysis, and evaluations; requiring that the programs
31 be evaluated based on student performance outcomes;
32 requiring that the Department of Juvenile Justice, in
33 collaboration with the Department of Education and in
34 consultation with other entities, prepare and submit
35 an annual report to the Governor and the Legislature
36 by a specified date; amending s. 985.721, F.S.;
37 conforming a cross-reference; amending s. 1001.42,
38 F.S.; conforming provisions to changes made by the
39 act; conforming a cross-reference; amending ss.
40 1002.20 and 1002.45, F.S.; conforming cross
41 references; amending s. 1003.01, F.S.; revising the
42 term “juvenile justice education programs or schools”
43 to conform to changes made by the act; creating s.
44 1003.515, F.S.; providing a short title; providing a
45 legislative finding; providing purposes of the Florida
46 Juvenile Justice Education Act; providing a definition
47 for the term “juvenile justice education programs”;
48 providing responsibilities for school districts and
49 private providers contracted by school districts to
50 offer education services to youth in juvenile justice
51 education programs; requiring that each juvenile
52 justice residential and nonresidential program involve
53 the regional workforce board or economic development
54 agency and local postsecondary institutions to
55 determine the occupational areas for the education and
56 workforce-related program; providing requirements for
57 education and workforce-related services in juvenile
58 justice programs; providing responsibilities for the
59 Department of Education; requiring that the department
60 identify each juvenile justice residential and
61 nonresidential education program, excluding detention
62 programs, by performance ratings; providing criteria
63 for determining performance ratings; requiring that
64 the department make available a common student pre-
65 and post-assessment to measure the academic progress
66 in reading and mathematics of youth in juvenile
67 justice education programs; requiring that juvenile
68 justice residential and nonresidential education
69 programs, excluding detention centers, be held
70 accountable for student performance outcomes for a
71 specified period after youth are released from the
72 programs; providing for program accountability;
73 requiring that the department monitor the education
74 performance of youth, prohibit certain school district
75 or private providers, under specified circumstances,
76 from delivering education services, and verify that a
77 school district is operating or contracting to deliver
78 education services; providing for a school district’s
79 responsibilities; requiring that a youth who exits the
80 program attain an industry certification or
81 occupational completion points, enroll in a program to
82 complete the industry certification, be gainfully
83 employed, or enroll in and continue his or her
84 education based on a transition plan; requiring that
85 an education transition plan component be incorporated
86 in a youth’s transition plan; requiring that each
87 juvenile justice education program develop the
88 education transition plan component during the course
89 of the youth’s stay in a juvenile justice residential
90 or nonresidential program; prohibiting a district
91 school board from being charged rent, maintenance,
92 utilities, or overhead on facilities; requiring that
93 the Department of Juvenile Justice provide
94 maintenance, repairs, and remodeling of existing
95 facilities; requiring that the State Board of
96 Education collaborate with the Department of Juvenile
97 Justice, the Department of Economic Opportunity,
98 school districts, and private providers to adopt
99 rules; amending s. 1003.52, F.S.; deleting provisions
100 relating to educational services in Department of
101 Juvenile Justice programs to conform to changes made
102 by the act; amending s. 1009.25, F.S.; providing an
103 exemption from the payment of postsecondary education
104 fees and tuition for certain youth who are ordered by
105 a court to participate in a juvenile justice
106 residential program; amending s. 1010.20, F.S.;
107 revising provisions relating to expenditure
108 requirements for juvenile justice programs; amending
109 s. 1011.62, F.S.; extending dates relating to the
110 funding of students who are enrolled in juvenile
111 justice education programs or in education programs
112 for juveniles placed in secure facilities; conforming
113 a cross-reference; providing an effective date.
114
115 Be It Enacted by the Legislature of the State of Florida:
116
117 Section 1. Present subsections (30) through (57) of section
118 985.03, Florida Statutes, are redesignated as subsections (31)
119 through (58), respectively, and a new subsection (30) is added
120 to that section, to read:
121 985.03 Definitions.—As used in this chapter, the term:
122 (30) “Juvenile justice education programs” has the same
123 meaning as provided in s. 1003.01(11)(a).
124 Section 2. Subsection (6) is added to section 985.46,
125 Florida Statutes, to read:
126 985.46 Conditional release.—
127 (6) Each juvenile committed to a commitment program shall
128 have a transition plan upon release. Transition planning shall
129 begin for each juvenile upon placement in a commitment program
130 and shall result in an individual transition plan for each youth
131 before he or she is released. The transition plan shall be
132 developed with the participation of the youth, representatives
133 of the commitment program, school district personnel, and
134 representatives of conditional release or postcommitment
135 probation programs, if appropriate. The transition plan shall
136 include an education transition plan component as provided in s.
137 1003.515(10), as well as information regarding pertinent
138 delinquency treatment and intervention services that are
139 accessible upon exiting the program.
140 (a) For a juvenile who is released on conditional release
141 or postcommitment probation status, the transition plan shall be
142 incorporated into the conditions of release.
143 (b) For a juvenile who is not released on conditional
144 release or postcommitment probation status, the transition plan
145 shall be explained to the youth and provided upon release, with
146 all necessary referrals having been made at least 30 days before
147 the youth exits the program.
148 (c) For a juvenile who participates in a nonresidential
149 program, the transition plan shall be explained to the youth and
150 provided upon release. For a juvenile who participates in a
151 nonresidential program and who is released on conditional
152 release or postcommitment probation status, the transition plan
153 shall be incorporated into the conditions of release.
154 Section 3. Section 985.618, Florida Statutes, is amended to
155 read:
156 (Substantial rewording of section. See
157 s. 985.618, F.S., for present text.)
158 985.618 Education and workforce-related programs.—
159 (1) The Legislature intends for youth in juvenile justice
160 programs to be provided a quality education that includes
161 workforce-related skills that lead to continuing education or
162 meaningful employment, or both, and that results in reduced
163 rates of recidivism.
164 (2) The department, in collaboration with the Department of
165 Education, shall annually verify that each juvenile justice
166 education program, at a minimum:
167 (a) Provides access to virtual course offerings that
168 maximize learning opportunities for youth.
169 (b) Encourages access to virtual counseling to address the
170 educational and workforce needs of adjudicated youth.
171 (c) Provides instruction from individuals who hold industry
172 credentials in the occupational areas in which they teach.
173 (d) Ensures that students in juvenile justice residential
174 education programs have access to virtual instruction or
175 instruction offered by volunteers during evenings and weekends.
176 (e) Considers, before placement, the age, interests, prior
177 education, training, work experience, emotional and mental
178 abilities, treatment needs, and physical capabilities of the
179 youth and the duration of the term of placement imposed.
180 (f) Provides specialized instruction, related services,
181 accommodations, and modifications as are necessary to ensure the
182 provision of a free, appropriate public education for students
183 with disabilities.
184 (g) Expends funds in a manner that directly supports the
185 attainment of successful student outcomes as specified in s.
186 1003.515(7) and that allows youth to engage in real work
187 situations whenever possible.
188 (3) The department shall collaborate with the Department of
189 Education, the Department of Economic Opportunity, school
190 districts, and private providers to adopt rules to administer
191 this section.
192 Section 4. Section 985.632, Florida Statutes, is amended to
193 read:
194 985.632 Quality assurance and cost-effectiveness.—
195 (1) It is the intent of the Legislature that the
196 department:
197 (a) Ensure that information be provided to decisionmakers
198 in a timely manner so that resources are allocated to programs
199 of the department which achieve desired performance levels.
200 (b) Provide information about the cost of such programs and
201 their differential effectiveness so that the quality of such
202 programs can be compared and improvements made continually.
203 (c) Provide information to aid in developing related policy
204 issues and concerns.
205 (d) Provide information to the public about the
206 effectiveness of such programs in meeting established goals and
207 objectives.
208 (e) Provide a basis for a system of accountability so that
209 each client is afforded the best programs to meet his or her
210 needs.
211 (f) Improve service delivery to clients.
212 (g) Modify or eliminate activities that are not effective.
213 (2) As used in this section, the term:
214 (a) “Client” means any person who is being provided
215 treatment or services by the department or by a provider under
216 contract with the department.
217 (b) “Program component” means an aggregation of generally
218 related objectives which, because of their special character,
219 related workload, and interrelated output, can logically be
220 considered an entity for purposes of organization, management,
221 accounting, reporting, and budgeting.
222 (c) “Program effectiveness” means the ability of the
223 program to achieve desired client outcomes, goals, and
224 objectives.
225 (3) The department shall annually collect and report cost
226 data for every program operated by the department or its
227 contracted provider or contracted by the department. The cost
228 data shall conform to a format approved by the department and
229 the Legislature. Uniform cost data shall be reported and
230 collected for each education program operated by a school
231 district or private provider contracted by a school district
232 state-operated and contracted programs so that comparisons can
233 be made among programs. The Department of Education shall ensure
234 that there is accurate cost accounting for education programs
235 operated by school districts, including those programs operated
236 by private providers under contract with school districts state
237 operated services including market-equivalent rent and other
238 shared cost. The cost of the educational program provided to a
239 residential facility shall be reported and included in the cost
240 of a program. The Department of Education shall submit an annual
241 cost data report to the department President of the Senate, the
242 Speaker of the House of Representatives, the Minority Leader of
243 each house of the Legislature, the appropriate substantive and
244 fiscal committees of each house of the Legislature, and the
245 Governor, no later than December 1 of each year. The annual cost
246 data shall be included in the annual report required in
247 subsection (7). Cost-benefit analysis for juvenile justice
248 education educational programs shall will be developed and
249 implemented in collaboration with and in cooperation with the
250 Department of Education, local providers, and local school
251 districts. Cost data for the report shall include data collected
252 by the Department of Education for the purposes of preparing the
253 annual report required by s. 1003.52(19).
254 (4)(a) The department, in consultation with the Office of
255 Economic and Demographic Research and contract service
256 providers, shall develop a cost-effectiveness model and apply
257 the model to each commitment program. Program recidivism rates
258 shall be a component of the model. The cost-effectiveness model
259 shall compare program costs to client outcomes and program
260 outputs. It is the intent of the Legislature that continual
261 development efforts take place to improve the validity and
262 reliability of the cost-effectiveness model.
263 (b) The department shall rank commitment programs based on
264 the cost-effectiveness model and shall submit a report to the
265 appropriate substantive and fiscal committees of each house of
266 the Legislature by December 31 of each year.
267 (c) Based on reports of the department on client outcomes
268 and program outputs and on the department’s most recent cost
269 effectiveness rankings, the department may terminate a program
270 operated by the department or a provider if the program has
271 failed to achieve a minimum threshold of program effectiveness.
272 This paragraph does not preclude the department from terminating
273 a contract as provided under this section or as otherwise
274 provided by law or contract, and does not limit the department’s
275 authority to enter into or terminate a contract.
276 (d) In collaboration with the Office of Economic and
277 Demographic Research, and contract service providers, the
278 department shall develop a work plan to refine the cost
279 effectiveness model so that the model is consistent with the
280 performance-based program budgeting measures approved by the
281 Legislature to the extent the department deems appropriate. The
282 department shall notify the Office of Program Policy Analysis
283 and Government Accountability of any meetings to refine the
284 model.
285 (e) Contingent upon specific appropriation, the department,
286 in consultation with the Office of Economic and Demographic
287 Research, and contract service providers, shall:
288 1. Construct a profile of each commitment program that uses
289 the results of the quality assurance report required by this
290 section, the cost-effectiveness report required in this
291 subsection, and other reports available to the department.
292 2. Target, for a more comprehensive evaluation, any
293 commitment program that has achieved consistently high, low, or
294 disparate ratings in the reports required under subparagraph 1.
295 3. Identify the essential factors that contribute to the
296 high, low, or disparate program ratings.
297 4. Use the results of these evaluations in developing or
298 refining juvenile justice programs or program models, client
299 outcomes and program outputs, provider contracts, quality
300 assurance standards, and the cost-effectiveness model.
301 (5)(a) Program effectiveness shall be determined by
302 implementing systematic data collection, data analysis, and
303 education and workforce-related program evaluations pursuant to
304 this section and s. 1003.515.
305 (b) The evaluation of juvenile justice education and
306 workforce-related programs shall be based on the performance
307 outcomes provided in s. 1003.515(7).
308 (6)(5) The department shall:
309 (a) Establish a comprehensive quality assurance system for
310 each program operated by the department or its contracted
311 provider operated by a provider under contract with the
312 department. Each contract entered into by the department must
313 provide for quality assurance.
314 (b) Provide operational definitions of and criteria for
315 quality assurance for each specific program component.
316 (c) Establish quality assurance goals and objectives for
317 each specific program component.
318 (d) Establish the information and specific data elements
319 required for the quality assurance program.
320 (e) Develop a quality assurance manual of specific,
321 standardized terminology and procedures to be followed by each
322 program.
323 (f) Evaluate each program operated by the department or its
324 contracted a provider under a contract with the department and
325 establish minimum thresholds for each program component. If a
326 provider fails to meet the established minimum thresholds, such
327 failure shall cause the department to cancel the provider’s
328 contract unless the provider achieves compliance with minimum
329 thresholds within 6 months or unless there are documented
330 extenuating circumstances. In addition, the department may not
331 contract with the same provider for the canceled service for a
332 period of 12 months. If a department-operated program fails to
333 meet the established minimum thresholds, the department must
334 take necessary and sufficient steps to ensure and document
335 program changes to achieve compliance with the established
336 minimum thresholds. If the department-operated program fails to
337 achieve compliance with the established minimum thresholds
338 within 6 months and if there are no documented extenuating
339 circumstances, the department must notify the Executive Office
340 of the Governor and the Legislature of the corrective action
341 taken. Appropriate corrective action may include, but is not
342 limited to:
343 1. Contracting out for the services provided in the
344 program;
345 2. Initiating appropriate disciplinary action against all
346 employees whose conduct or performance is deemed to have
347 materially contributed to the program’s failure to meet
348 established minimum thresholds;
349 3. Redesigning the program; or
350 4. Realigning the program.
351
352 The department shall submit an annual report to the President of
353 the Senate, the Speaker of the House of Representatives, the
354 Minority Leader of each house of the Legislature, the
355 appropriate substantive and fiscal committees of each house of
356 the Legislature, and the Governor, no later than February 1 of
357 each year. The annual report must contain, at a minimum, for
358 each specific program component: a comprehensive description of
359 the population served by the program; a specific description of
360 the services provided by the program; cost; a comparison of
361 expenditures to federal and state funding; immediate and long
362 range concerns; and recommendations to maintain, expand,
363 improve, modify, or eliminate each program component so that
364 changes in services lead to enhancement in program quality. The
365 department shall ensure the reliability and validity of the
366 information contained in the report.
367 (7) The department, in collaboration with the Department of
368 Education and in consultation with the school districts and
369 private juvenile justice education program providers, shall
370 prepare an annual report containing the education performance
371 outcomes, based on the criteria in s. 1003.515(7), of youth in
372 juvenile justice education programs. The report shall delineate
373 the performance outcomes of youth in the state, in each school
374 district’s juvenile justice education program, and for each
375 private provider’s juvenile justice education program, including
376 the performance outcomes of all major student populations and
377 genders, as determined by the Department of Education. The
378 report shall address the use and successful completion of
379 virtual instruction courses and the successful implementation of
380 transition and reintegration plans. The report must include an
381 analysis of the performance of youth over time, including, but
382 not limited to, additional education attainment, employment,
383 earnings, industry certification, and rates of recidivism. The
384 report must also include recommendations for improving
385 performance outcomes and for additional cost savings and
386 efficiencies. The report shall be submitted to the Governor, the
387 President of the Senate, and the Speaker of the House of
388 Representatives by February 15, 2014, and each year thereafter.
389 (8)(6) The department shall collect and analyze available
390 statistical data for the purpose of ongoing evaluation of all
391 programs. The department shall provide the Legislature with
392 necessary information and reports to enable the Legislature to
393 make informed decisions regarding the effectiveness of, and any
394 needed changes in, services, programs, policies, and laws.
395 Section 5. Section 985.721, Florida Statutes, is amended to
396 read:
397 985.721 Escapes from secure detention or residential
398 commitment facility.—An escape from:
399 (1) Any secure detention facility maintained for the
400 temporary detention of children, pending adjudication,
401 disposition, or placement;
402 (2) Any residential commitment facility described in s.
403 985.03(46) 985.03(45), maintained for the custody, treatment,
404 punishment, or rehabilitation of children found to have
405 committed delinquent acts or violations of law; or
406 (3) Lawful transportation to or from any such secure
407 detention facility or residential commitment facility,
408
409 constitutes escape within the intent and meaning of s. 944.40
410 and is a felony of the third degree, punishable as provided in
411 s. 775.082, s. 775.083, or s. 775.084.
412 Section 6. Paragraph (b) of subsection (18) of section
413 1001.42, Florida Statutes, is amended to read:
414 1001.42 Powers and duties of district school board.—The
415 district school board, acting as a board, shall exercise all
416 powers and perform all duties listed below:
417 (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.
418 Maintain a state system of school improvement and education
419 accountability as provided by statute and State Board of
420 Education rule. This system of school improvement and education
421 accountability shall be consistent with, and implemented
422 through, the district’s continuing system of planning and
423 budgeting required by this section and ss. 1008.385, 1010.01,
424 and 1011.01. This system of school improvement and education
425 accountability shall comply with the provisions of ss. 1008.33,
426 1008.34, 1008.345, and 1008.385 and include the following:
427 (b) Public disclosure.—The district school board shall
428 provide information regarding the performance of students in and
429 education educational programs as required pursuant to ss.
430 1008.22 and 1008.385 and implement a system of school reports as
431 required by statute and State Board of Education rule which
432 shall include schools operating for the purpose of providing
433 education educational services to youth in Department of
434 Juvenile Justice residential and nonresidential programs, and
435 for those programs schools, report on the data and education
436 outcomes elements specified in s. 1003.515(7) 1003.52(19).
437 Annual public disclosure reports shall be in an easy-to-read
438 report card format and shall include the school’s grade, high
439 school graduation rate calculated without GED tests,
440 disaggregated by student ethnicity, and performance data as
441 specified in state board rule.
442 Section 7. Subsection (20) of section 1002.20, Florida
443 Statutes, is amended to read:
444 1002.20 K-12 student and parent rights.—Parents of public
445 school students must receive accurate and timely information
446 regarding their child’s academic progress and must be informed
447 of ways they can help their child to succeed in school. K-12
448 students and their parents are afforded numerous statutory
449 rights including, but not limited to, the following:
450 (20) JUVENILE JUSTICE PROGRAMS.—Students who are in
451 juvenile justice programs have the right to receive educational
452 programs and services in accordance with the provisions of s.
453 1003.515 1003.52.
454 Section 8. Paragraph (b) of subsection (1) of section
455 1002.45, Florida Statutes, is amended to read:
456 1002.45 Virtual instruction programs.—
457 (1) PROGRAM.—
458 (b) Each school district that is eligible for the sparsity
459 supplement pursuant to s. 1011.62(7) shall provide all enrolled
460 public school students within its boundaries the option of
461 participating in part-time and full-time virtual instruction
462 programs. Each school district that is not eligible for the
463 sparsity supplement shall provide at least three options for
464 part-time and full-time virtual instruction. All school
465 districts must provide parents with timely written notification
466 of an open enrollment period for full-time students of at least
467 90 days that ends no later than 30 days before prior to the
468 first day of the school year. The purpose of the program is to
469 make quality virtual instruction available to students using
470 online and distance learning technology in the nontraditional
471 classroom. A school district virtual instruction program shall
472 provide the following:
473 1. Full-time virtual instruction for students enrolled in
474 kindergarten through grade 12.
475 2. Part-time virtual instruction for students enrolled in
476 grades 9 through 12 courses that are measured pursuant to
477 subparagraph (8)(a)2.
478 3. Full-time or part-time virtual instruction for students
479 enrolled in dropout prevention and academic intervention
480 programs under s. 1003.53, Department of Juvenile Justice
481 education programs under s. 1003.515 1003.52, core-curricula
482 courses to meet class size requirements under s. 1003.03, or
483 Florida College System institutions under this section.
484 Section 9. Paragraph (a) of subsection (11) of section
485 1003.01, Florida Statutes, is amended to read:
486 1003.01 Definitions.—As used in this chapter, the term:
487 (11)(a) “Juvenile justice education programs or schools”
488 means programs or schools operating for the purpose of providing
489 educational services to youth in Department of Juvenile Justice
490 programs, for a school year comprised of 250 days of instruction
491 distributed over 12 months. At the request of the provider, a
492 district school board may decrease the minimum number of days of
493 instruction by up to 10 days for teacher planning for
494 residential programs and up to 20 days for teacher planning for
495 nonresidential programs, subject to the approval of the
496 Department of Juvenile Justice and the Department of Education.
497 Section 10. Section 1003.515, Florida Statutes, is created
498 to read:
499 1003.515 The Florida Juvenile Justice Education Act.—
500 (1) SHORT TITLE.—This section may be cited as the “Florida
501 Juvenile Justice Education Act.”
502 (2) LEGISLATIVE FINDING.—The Legislature finds that an
503 education is the single most important factor in the
504 rehabilitation of adjudicated youth who are in Department of
505 Juvenile Justice residential and nonresidential programs.
506 (3) PURPOSES.—The purposes of this section are to:
507 (a) Provide performance-based outcome measures and
508 accountability for juvenile justice education programs; and
509 (b) Improve academic and workforce-related outcomes so that
510 adjudicated and at-risk youth may successfully complete the
511 transition to and reenter the academic and workforce
512 environments.
513 (4) DEFINITION.—For purposes of this section, the term
514 “juvenile justice education programs” has the same meaning as in
515 s. 1003.01(11)(a).
516 (5) SCHOOL DISTRICT AND CONTRACTED EDUCATION PROVIDER
517 RESPONSIBILITIES.—
518 (a) A school district or private provider contracted by a
519 school district to offer education services to youth in a
520 juvenile justice education program shall:
521 1. Provide rigorous and relevant academic and workforce
522 related curricula that will lead to industry certifications or
523 occupational completion points in an occupational area
524 identified in the Industry Certification Funding list adopted by
525 the State Board of Education, or articulate to secondary or
526 postsecondary-level coursework, as appropriate.
527 2. Support state, local, and regional economic development
528 demands.
529 3. Make high-wage and high-demand careers more accessible
530 to adjudicated and at-risk youth.
531 4. Reduce rates of recidivism for adjudicated youth.
532 5. Provide access to the appropriate courses and
533 instruction to prepare youth for a standard high school diploma,
534 a special diploma, or a high school equivalency diploma, as
535 appropriate.
536 6. Provide access to virtual education courses that are
537 appropriate to meet the requirements of academic or workforce
538 related programs and the requirements for continuing education
539 specified in the youth’s transition and postrelease plans.
540 7. Provide opportunities for earning credits toward high
541 school graduation or credits that articulate to postsecondary
542 education institutions while the youth are in residential and
543 nonresidential juvenile justice facilities.
544 8. Ensure that the credits and partial credits earned by
545 the youth are transferred and included in the youth’s records as
546 part of the transition plan.
547 9. Ensure that the education program consists of the
548 appropriate academic, workforce-related, or exceptional
549 education curricula and related services that directly support
550 performance outcomes, which must be specified in each youth’s
551 education transition plan component as required by subsection
552 (10).
553 10. If the duration of a youth’s stay in a program is less
554 than 40 days, ensure that the youth receives employability, life
555 skills, and academic remediation, as appropriate. In addition,
556 counseling and transition services must be provided which
557 mitigate the youth’s identified risk factors and prepare the
558 youth for a successful reintegration into the school, community,
559 and home settings.
560 11. Maintain an academic record for each youth who is
561 enrolled in a juvenile justice facility, as required by s.
562 1003.51, and ensure that the coursework, credits, partial
563 credits, occupational completion points, and industry
564 certifications earned by the youth are transferred and included
565 in the youth’s transition plan pursuant to s. 985.46.
566 (b) Each school district and private provider shall ensure
567 that the following youth participate in the program:
568 1. Youth who are of compulsory school attendance age
569 pursuant to s. 1003.21.
570 2. Youth who are not of compulsory school attendance age
571 and who have not received a high school diploma or its
572 equivalent, if the youth is in a residential or nonresidential
573 juvenile justice program. Such youth must participate in the
574 education program and participate in a workforce-related
575 education program that leads to industry certification or
576 occupational completion points in an occupational area
577 identified in the Industry Certification Funding list adopted by
578 the State Board of Education. This subparagraph does not limit
579 the rights of students with disabilities, as defined under the
580 Individuals with Disabilities Education Act, who are not of
581 compulsory school attendance age and who have not received a
582 high school diploma to receive a free, appropriate public
583 education in accordance with their individualized needs.
584 3. Youth who have attained a high school diploma or its
585 equivalent and who are not employed. Such youth must participate
586 in a workforce-related education program that leads to
587 employment in an occupational area identified in the Industry
588 Certification Funding list adopted by the State Board of
589 Education. Such youth may enroll in a state postsecondary
590 institution to complete the workforce-related education program
591 and are exempt from the payment of tuition and fees pursuant to
592 s. 1009.25(1)(g).
593 (6) PROGRAM REQUIREMENTS.—In compliance with the strategic
594 5-year plan under s. 1003.491, each juvenile justice residential
595 and nonresidential education program shall, in collaboration
596 with the regional workforce board or economic development agency
597 and local postsecondary institutions, determine the appropriate
598 occupational areas for the program. Juvenile justice education
599 programs must:
600 (a) Ensure that rigorous academic and workforce-related
601 coursework is offered and meets or exceeds appropriate state
602 approved subject area standards, and results in the attainment
603 of industry certification and postsecondary credit, when
604 appropriate;
605 (b) Ensure instruction from individuals who hold state
606 certifications, school district certifications pursuant to ss.
607 1012.39 and 1012.55(1), or industry credentials in the
608 occupational areas in which they teach;
609 (c) Maximize the use of private sector personnel;
610 (d) Use strategies to maximize the delivery of virtual
611 instruction;
612 (e) Maximize instructional efficiency for youth in juvenile
613 justice facilities;
614 (f) Provide opportunities for youth to earn weighted or
615 dual enrollment credit for higher-level courses, when
616 appropriate;
617 (g) Promote credit recovery; and
618 (h) Provide instruction that results in competency,
619 certification, or credentials in workplace skills, including,
620 but not limited to, communication skills, interpersonal skills,
621 decisionmaking skills, work ethic, and the importance of
622 attendance and timeliness in the work environment.
623 (7) DEPARTMENT RESPONSIBILITIES.—
624 (a) The department shall identify each residential and
625 nonresidential juvenile justice education program, excluding
626 detention programs, as having one of the following performance
627 ratings as defined by State Board of Education rule:
628 1. High performance.
629 2. Adequate performance.
630 3. Failing performance.
631 (b) The department shall consider the level of rigor
632 associated with the attainment of a particular outcome when
633 assigning weight to the outcome. The department shall evaluate
634 the following elements in determining a juvenile justice
635 education program’s performance rating:
636 1. One or more of the following outcomes for a youth who is
637 14 years of age or younger:
638 a. Achieving academic progress in reading and mathematics,
639 as measured by the statewide common pre- and post-assessment
640 adopted by the department for use in juvenile justice education
641 programs.
642 b. Participating in continuing education upon release from
643 a juvenile justice residential or nonresidential program.
644 c. Completing secondary coursework upon release from a
645 juvenile justice residential or nonresidential program.
646 d. Attaining occupational completion points in an
647 occupational area identified in the Industry Certification
648 Funding list adopted by the State Board of Education.
649 e. Attaining an industry certification in an occupational
650 area identified in the Industry Certification Funding list
651 adopted by the State Board of Education, if available and
652 appropriate.
653 2. One or more of the following outcomes for a youth who is
654 15 years of age or older:
655 a. Achieving academic progress in reading and mathematics,
656 as measured by the statewide common pre- and post-assessment
657 adopted by the department for use in juvenile justice education
658 programs.
659 b. Participating in continuing education upon release from
660 a juvenile justice residential or nonresidential program.
661 c. Earning secondary or postsecondary credit upon release
662 from a juvenile justice residential or nonresidential program.
663 d. Attaining a high school diploma or its equivalent upon
664 release from a juvenile justice residential or nonresidential
665 program.
666 e. Obtaining employment upon release from a juvenile
667 justice residential or nonresidential program.
668 f. Attaining an industry certification in an occupational
669 area identified in the Industry Certification Funding list
670 adopted by the State Board of Education.
671 g. Attaining occupational completion points in an
672 occupational area identified in the Industry Certification
673 Funding list adopted by the State Board of Education.
674 h. Participating in continuing education upon release from
675 a juvenile justice residential or nonresidential program in
676 order to complete the industry certification identified in the
677 Industry Certification Funding list adopted by the State Board
678 of Education.
679 (c) By September 1, 2012, the department shall make
680 available a common student pre- and post-assessment to measure
681 the academic progress in reading and mathematics of youth who
682 are assigned to juvenile justice education programs.
683
684 For purposes of performance ratings, juvenile justice
685 residential and nonresidential education programs, excluding
686 detention centers, shall be held accountable for the performance
687 outcomes of youth for no more than 6 months after the release of
688 youth from the residential or nonresidential program. This
689 subsection does not abrogate the provisions of s. 1002.22 which
690 relate to education records or the requirements of 20 U.S.C. s.
691 1232g, the Family Educational Rights and Privacy Act.
692 (8) PROGRAM ACCOUNTABILITY.—
693 (a) The department shall, in collaboration with the
694 Department of Juvenile Justice:
695 1. Monitor the education performance of youth in juvenile
696 justice facilities.
697 2. Prohibit school districts or private providers that have
698 failing performance ratings from delivering the education
699 services.
700 3. Verify that a school district is operating or
701 contracting with a private provider to deliver education
702 services.
703 (b) If a school district’s juvenile justice residential or
704 nonresidential education program earns two failing performance
705 ratings in any 3-year period, as provided in subsection (7), the
706 school district shall contract with a private provider that has
707 an adequate or higher performance rating or enter into an
708 agreement with a school district that has an adequate or higher
709 performance rating to deliver the education services to the
710 youth in the program.
711 (c) Except as provided in paragraph (b), the school
712 district of the county in which the residential or
713 nonresidential facility is located shall deliver education
714 services to youth in Department of Juvenile Justice programs. A
715 school district may contract with a private provider to deliver
716 the education services in lieu of directly providing the
717 education services. The contract shall include performance
718 criteria as provided in subsection (7).
719 (d) When determining educational placement for youth who
720 enroll in a school district upon release, the school district
721 must adhere to the transition plan established under s.
722 985.46(6).
723 (e) If a private provider under contract with a school
724 district maintains an adequate or high-performance rating
725 pursuant to subsection (7), the school district may not require
726 a private provider to use the school district’s personnel.
727 (f) Academic instructional personnel must be certified by
728 the Department of Education; however, a nondegreed teacher of
729 career education may be certified by a local school district
730 under s. 1012.39 and may be designated as teaching out-of-field.
731 An instructor who is deemed to be an expert in a specific field
732 may be employed under s. 1012.55(1).
733 (g) Each school district must provide juvenile justice
734 education programs access to substitute classroom teachers used
735 by the school district.
736 (9) EXITING PROGRAM.—Upon exiting a program, a youth must:
737 (a) Attain an industry certification or occupational
738 completion points in an occupational area identified in the
739 Industry Certification Funding list adopted by the State Board
740 of Education;
741 (b) Enroll in a program to complete the industry
742 certification;
743 (c) Be gainfully employed and earning full-time wages; or
744 (d) Enroll in and continue his or her education based on
745 the transition and postrelease plan provided in s. 958.46.
746 (10) EDUCATION TRANSITION PLAN COMPONENT.—
747 (a) The education transition plan component shall be
748 incorporated in the transition plan pursuant to s. 985.46(6).
749 (b) Each juvenile justice education program must develop an
750 education transition plan component during the course of a
751 youth’s stay in a juvenile justice residential or nonresidential
752 program which coordinates academic and workforce services and
753 assists the youth in successful community reintegration upon the
754 youth’s release.
755 (c) The development of the education transition plan
756 component shall begin upon a youth’s placement in the program.
757 The education transition plan component must include the
758 academic and workforce services to be provided during the
759 program stay and the establishment of services to be implemented
760 upon release. The appropriate personnel in the juvenile justice
761 residential and nonresidential program, the members of the
762 community, the youth, and the youth’s family, when appropriate,
763 shall collaborate to develop the education transition plan
764 component.
765 (d) Education planning for reintegration shall begin when
766 placement decisions are made and continue throughout the youth’s
767 stay in order to provide for continuing education, job
768 placement, and other necessary services. Individuals who are
769 responsible for reintegration shall coordinate activities to
770 ensure that the education transition plan component is
771 successfully implemented and a youth is provided access to
772 support services that will sustain the youth’s success once he
773 or she is no longer under the supervision of the Department of
774 Juvenile Justice. The education transition plan component must
775 provide for continuing education, workforce development, or
776 meaningful job placement pursuant to the performance outcomes in
777 subsection (7). For purposes of this section, the term
778 “reintegration” means the process by which a youth returns to
779 the community following release from a juvenile justice program.
780 (11) FACILITIES.—The district school board may not be
781 charged any rent, maintenance, utilities, or overhead on the
782 facilities. Maintenance, repairs, and remodeling of existing
783 facilities shall be provided by the Department of Juvenile
784 Justice.
785 (12) RULEMAKING.—The State Board of Education shall
786 collaborate with the Department of Juvenile Justice, the
787 Department of Economic Opportunity, school districts, and
788 private providers to adopt rules pursuant to ss. 120.536(1) and
789 120.54 to administer this section which must include provisions
790 for uniform contracts and contract requirements between school
791 districts and private providers.
792 Section 11. Section 1003.52, Florida Statutes, is amended
793 to read:
794 1003.52 Educational services in Department of Juvenile
795 Justice programs.—
796 (1) The Legislature finds that education is the single most
797 important factor in the rehabilitation of adjudicated delinquent
798 youth in the custody of Department of Juvenile Justice programs.
799 It is the goal of the Legislature that youth in the juvenile
800 justice system continue to be allowed the opportunity to obtain
801 a high quality education. The Department of Education shall
802 serve as the lead agency for juvenile justice education
803 programs, curriculum, support services, and resources. To this
804 end, the Department of Education and the Department of Juvenile
805 Justice shall each designate a Coordinator for Juvenile Justice
806 Education Programs to serve as the point of contact for
807 resolving issues not addressed by district school boards and to
808 provide each department’s participation in the following
809 activities:
810 (a) Training, collaborating, and coordinating with the
811 Department of Juvenile Justice, district school boards,
812 educational contract providers, and juvenile justice providers,
813 whether state operated or contracted.
814 (b) Collecting information on the academic performance of
815 students in juvenile justice programs and reporting on the
816 results.
817 (c) Developing academic and career protocols that provide
818 guidance to district school boards and providers in all aspects
819 of education programming, including records transfer and
820 transition.
821 (d) Prescribing the roles of program personnel and
822 interdepartmental district school board or provider
823 collaboration strategies.
824
825 Annually, a cooperative agreement and plan for juvenile justice
826 education service enhancement shall be developed between the
827 Department of Juvenile Justice and the Department of Education
828 and submitted to the Secretary of Juvenile Justice and the
829 Commissioner of Education by June 30.
830 (2) Students participating in Department of Juvenile
831 Justice programs pursuant to chapter 985 which are sponsored by
832 a community-based agency or are operated or contracted for by
833 the Department of Juvenile Justice shall receive educational
834 programs according to rules of the State Board of Education.
835 These students shall be eligible for services afforded to
836 students enrolled in programs pursuant to s. 1003.53 and all
837 corresponding State Board of Education rules.
838 (3) The district school board of the county in which the
839 residential or nonresidential care facility or juvenile
840 assessment facility is located shall provide appropriate
841 educational assessments and an appropriate program of
842 instruction and special education services.
843 (a) The district school board shall make provisions for
844 each student to participate in basic, career education, and
845 exceptional student programs as appropriate. Students served in
846 Department of Juvenile Justice programs shall have access to the
847 appropriate courses and instruction to prepare them for the GED
848 test. Students participating in GED preparation programs shall
849 be funded at the basic program cost factor for Department of
850 Juvenile Justice programs in the Florida Education Finance
851 Program. Each program shall be conducted according to applicable
852 law providing for the operation of public schools and rules of
853 the State Board of Education. School districts shall provide the
854 GED exit option for all juvenile justice programs.
855 (b) By October 1, 2004, the Department of Education, with
856 the assistance of the school districts, shall select a common
857 student assessment instrument and protocol for measuring student
858 learning gains and student progression while a student is in a
859 juvenile justice education program. The assessment instrument
860 and protocol must be implemented in all juvenile justice
861 education programs in this state by January 1, 2005.
862 (4) Educational services shall be provided at times of the
863 day most appropriate for the juvenile justice program. School
864 programming in juvenile justice detention, commitment, and
865 rehabilitation programs shall be made available by the local
866 school district during the juvenile justice school year, as
867 defined in s. 1003.01(11). In addition, students in juvenile
868 justice education programs shall have access to Florida Virtual
869 School courses. The Department of Education and the school
870 districts shall adopt policies necessary to ensure such access.
871 (5) The educational program shall consist of appropriate
872 basic academic, career, or exceptional curricula and related
873 services which support the treatment goals and reentry and which
874 may lead to completion of the requirements for receipt of a high
875 school diploma or its equivalent. If the duration of a program
876 is less than 40 days, the educational component may be limited
877 to tutorial activities and career employability skills.
878 (6) Participation in the program by students of compulsory
879 school-attendance age as provided for in s. 1003.21 shall be
880 mandatory. All students of noncompulsory school-attendance age
881 who have not received a high school diploma or its equivalent
882 shall participate in the educational program, unless the student
883 files a formal declaration of his or her intent to terminate
884 school enrollment as described in s. 1003.21 and is afforded the
885 opportunity to take the general educational development test and
886 attain a Florida high school diploma prior to release from a
887 facility. A youth who has received a high school diploma or its
888 equivalent and is not employed shall participate in workforce
889 development or other career or technical education or Florida
890 College System institution or university courses while in the
891 program, subject to available funding.
892 (7) A progress monitoring plan shall be developed for
893 students who score below the level specified in district school
894 board policy in reading, writing, and mathematics or below the
895 level specified by the Commissioner of Education on statewide
896 assessments as required by s. 1008.25. These plans shall address
897 academic, literacy, and life skills and shall include provisions
898 for intensive remedial instruction in the areas of weakness.
899 (8) Each district school board shall maintain an academic
900 record for each student enrolled in a juvenile justice facility
901 as prescribed by s. 1003.51. Such record shall delineate each
902 course completed by the student according to procedures in the
903 State Course Code Directory. The district school board shall
904 include a copy of a student’s academic record in the discharge
905 packet when the student exits the facility.
906 (9) The Department of Education shall ensure that all
907 district school boards make provisions for high school level
908 youth to earn credits toward high school graduation while in
909 residential and nonresidential juvenile justice facilities.
910 Provisions must be made for the transfer of credits and partial
911 credits earned.
912 (10) The district school board shall recruit and train
913 teachers who are interested, qualified, or experienced in
914 educating students in juvenile justice programs. Students in
915 juvenile justice programs shall be provided a wide range of
916 educational programs and opportunities including textbooks,
917 technology, instructional support, and other resources available
918 to students in public schools. Teachers assigned to educational
919 programs in juvenile justice settings in which the district
920 school board operates the educational program shall be selected
921 by the district school board in consultation with the director
922 of the juvenile justice facility. Educational programs in
923 juvenile justice facilities shall have access to the substitute
924 teacher pool utilized by the district school board.
925 (11) District school boards may contract with a private
926 provider for the provision of educational programs to youths
927 placed with the Department of Juvenile Justice and shall
928 generate local, state, and federal funding, including funding
929 through the Florida Education Finance Program for such students.
930 The district school board’s planning and budgeting process shall
931 include the needs of Department of Juvenile Justice programs in
932 the district school board’s plan for expenditures for state
933 categorical and federal funds.
934 (12) The district school board shall fund the educational
935 program in a Department of Juvenile Justice facility at the same
936 or higher level of funding for equivalent students in the
937 district school system based on the funds generated by state
938 funding through the Florida Education Finance Program for such
939 students. It is the intent of the Legislature that the school
940 district maximize its available local, state, and federal
941 funding to a juvenile justice program.
942 (1)(a) Juvenile justice educational programs shall be
943 funded in the appropriate FEFP program based on the educational
944 services needed by the student for Department of Juvenile
945 Justice programs in accordance with s. 1011.62.
946 (2)(b) Juvenile justice educational programs to receive the
947 appropriate FEFP funding for Department of Juvenile Justice
948 programs shall include those that are operated through a
949 contract with the Department of Juvenile Justice and which are
950 under purview of the Department of Juvenile Justice quality
951 assurance standards for education.
952 (3)(c) Consistent with the rules of the State Board of
953 Education, district school boards are required to request an
954 alternative FTE survey for Department of Juvenile Justice
955 programs experiencing fluctuations in student enrollment.
956 (4)(d) FTE count periods shall be prescribed in rules of
957 the State Board of Education and shall be the same for programs
958 of the Department of Juvenile Justice as for other public school
959 programs. The summer school period for students in Department of
960 Juvenile Justice programs shall begin on the day immediately
961 following the end of the regular school year and end on the day
962 immediately preceding the subsequent regular school year.
963 Students shall be funded for no more than 25 hours per week of
964 direct instruction.
965 (5)(e) Each juvenile justice education program must receive
966 all federal funds for which the program is eligible.
967 (13) Each district school board shall negotiate a
968 cooperative agreement with the Department of Juvenile Justice on
969 the delivery of educational services to youths under the
970 jurisdiction of the Department of Juvenile Justice. Such
971 agreement must include, but is not limited to:
972 (a) Roles and responsibilities of each agency, including
973 the roles and responsibilities of contract providers.
974 (b) Administrative issues including procedures for sharing
975 information.
976 (c) Allocation of resources including maximization of
977 local, state, and federal funding.
978 (d) Procedures for educational evaluation for educational
979 exceptionalities and special needs.
980 (e) Curriculum and delivery of instruction.
981 (f) Classroom management procedures and attendance
982 policies.
983 (g) Procedures for provision of qualified instructional
984 personnel, whether supplied by the district school board or
985 provided under contract by the provider, and for performance of
986 duties while in a juvenile justice setting.
987 (h) Provisions for improving skills in teaching and working
988 with juvenile delinquents.
989 (i) Transition plans for students moving into and out of
990 juvenile facilities.
991 (j) Procedures and timelines for the timely documentation
992 of credits earned and transfer of student records.
993 (k) Methods and procedures for dispute resolution.
994 (l) Provisions for ensuring the safety of education
995 personnel and support for the agreed-upon education program.
996 (m) Strategies for correcting any deficiencies found
997 through the quality assurance process.
998 (14) Nothing in this section or in a cooperative agreement
999 shall be construed to require the district school board to
1000 provide more services than can be supported by the funds
1001 generated by students in the juvenile justice programs.
1002 (15)(a) The Department of Education in consultation with
1003 the Department of Juvenile Justice, district school boards, and
1004 providers shall establish objective and measurable quality
1005 assurance standards for the educational component of residential
1006 and nonresidential juvenile justice facilities. These standards
1007 shall rate the district school board’s performance both as a
1008 provider and contractor. The quality assurance rating for the
1009 educational component shall be disaggregated from the overall
1010 quality assurance score and reported separately.
1011 (b) The Department of Education shall develop a
1012 comprehensive quality assurance review process and schedule for
1013 the evaluation of the educational component in juvenile justice
1014 programs. The Department of Juvenile Justice quality assurance
1015 site visit and the education quality assurance site visit shall
1016 be conducted during the same visit.
1017 (c) The Department of Education, in consultation with
1018 district school boards and providers, shall establish minimum
1019 thresholds for the standards and key indicators for educational
1020 programs in juvenile justice facilities. If a district school
1021 board fails to meet the established minimum standards, it will
1022 be given 6 months to achieve compliance with the standards. If
1023 after 6 months, the district school board’s performance is still
1024 below minimum standards, the Department of Education shall
1025 exercise sanctions as prescribed by rules adopted by the State
1026 Board of Education. If a provider, under contract with the
1027 district school board, fails to meet minimum standards, such
1028 failure shall cause the district school board to cancel the
1029 provider’s contract unless the provider achieves compliance
1030 within 6 months or unless there are documented extenuating
1031 circumstances.
1032 (d) The requirements in paragraphs (a), (b), and (c) shall
1033 be implemented to the extent that funds are available.
1034 (16) The district school board shall not be charged any
1035 rent, maintenance, utilities, or overhead on such facilities.
1036 Maintenance, repairs, and remodeling of existing facilities
1037 shall be provided by the Department of Juvenile Justice.
1038 (17) When additional facilities are required, the district
1039 school board and the Department of Juvenile Justice shall agree
1040 on the appropriate site based on the instructional needs of the
1041 students. When the most appropriate site for instruction is on
1042 district school board property, a special capital outlay request
1043 shall be made by the commissioner in accordance with s. 1013.60.
1044 When the most appropriate site is on state property, state
1045 capital outlay funds shall be requested by the Department of
1046 Juvenile Justice provided by s. 216.043 and shall be submitted
1047 as specified by s. 216.023. Any instructional facility to be
1048 built on state property shall have educational specifications
1049 jointly developed by the district school board and the
1050 Department of Juvenile Justice and approved by the Department of
1051 Education. The size of space and occupant design capacity
1052 criteria as provided by State Board of Education rules shall be
1053 used for remodeling or new construction whether facilities are
1054 provided on state property or district school board property.
1055 (18) The parent of an exceptional student shall have the
1056 due process rights provided for in this chapter.
1057 (19) The Department of Education and the Department of
1058 Juvenile Justice, after consultation with and assistance from
1059 local providers and district school boards, shall report
1060 annually to the Legislature by February 1 on the progress toward
1061 developing effective educational programs for juvenile
1062 delinquents, including the amount of funding provided by
1063 district school boards to juvenile justice programs, the amount
1064 retained for administration including documenting the purposes
1065 for such expenses, the status of the development of cooperative
1066 agreements, the results of the quality assurance reviews
1067 including recommendations for system improvement, and
1068 information on the identification of, and services provided to,
1069 exceptional students in juvenile justice commitment facilities
1070 to determine whether these students are properly reported for
1071 funding and are appropriately served.
1072 (20) The educational programs at the Arthur Dozier School
1073 for Boys in Jackson County and the Florida School for Boys in
1074 Okeechobee shall be operated by the Department of Education,
1075 either directly or through grants or contractual agreements with
1076 other public or duly accredited education agencies approved by
1077 the Department of Education.
1078 (21) The State Board of Education may adopt any rules
1079 necessary to implement the provisions of this section, including
1080 uniform curriculum, funding, and second chance schools. Such
1081 rules must require the minimum amount of paperwork and
1082 reporting.
1083 (22) The Department of Juvenile Justice and the Department
1084 of Education, in consultation with Workforce Florida, Inc., the
1085 statewide Workforce Development Youth Council, district school
1086 boards, Florida College System institutions, providers, and
1087 others, shall jointly develop a multiagency plan for career
1088 education which describes the funding, curriculum, transfer of
1089 credits, goals, and outcome measures for career education
1090 programming in juvenile commitment facilities, pursuant to s.
1091 985.622. The plan must be reviewed annually.
1092 Section 12. Present paragraph (g) of subsection (1) of
1093 section 1009.25, Florida Statutes, is redesignated as paragraph
1094 (h), and a new paragraph (g) is added to that subsection, to
1095 read:
1096 1009.25 Fee exemptions.—
1097 (1) The following students are exempt from the payment of
1098 tuition and fees, including lab fees, at a school district that
1099 provides postsecondary career programs, Florida College System
1100 institution, or state university:
1101 (g) For purposes of completing coursework initiated while
1102 in the temporary custody of the state, youth who are eligible
1103 under s. 1003.515(5)(b)3. and who are ordered by a court to
1104 participate in a juvenile justice residential program.
1105 Section 13. Paragraph (a) of subsection (3) of section
1106 1010.20, Florida Statutes, is amended to read:
1107 1010.20 Cost accounting and reporting for school
1108 districts.—
1109 (3) PROGRAM EXPENDITURE REQUIREMENTS.—
1110 (a) Each district shall expend at least the percent of the
1111 funds generated by each of the programs listed in this section
1112 on the aggregate total school costs for such programs:
1113 1. Kindergarten and grades 1, 2, and 3, 90 percent.
1114 2. Grades 4, 5, 6, 7, and 8, 80 percent.
1115 3. Grades 9, 10, 11, and 12, 80 percent.
1116 4. Programs for exceptional students, on an aggregate
1117 program basis, 90 percent.
1118 5. Grades 7 through 12 career education programs, on an
1119 aggregate program basis, 80 percent.
1120 6. Students-at-risk programs, on an aggregate program
1121 basis, 80 percent.
1122 7. Juvenile justice programs, on an aggregate program
1123 basis, 95 90 percent.
1124 8. Any new program established and funded under s.
1125 1011.62(1)(c), that is not included under subparagraphs 1.-7.,
1126 on an aggregate basis as appropriate, 80 percent.
1127 Section 14. Paragraph (f) of subsection (1) of section
1128 1011.62, Florida Statutes, is amended to read:
1129 1011.62 Funds for operation of schools.—If the annual
1130 allocation from the Florida Education Finance Program to each
1131 district for operation of schools is not determined in the
1132 annual appropriations act or the substantive bill implementing
1133 the annual appropriations act, it shall be determined as
1134 follows:
1135 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
1136 OPERATION.—The following procedure shall be followed in
1137 determining the annual allocation to each district for
1138 operation:
1139 (f) Supplemental academic instruction; categorical fund.—
1140 1. There is created a categorical fund to provide
1141 supplemental academic instruction to students in kindergarten
1142 through grade 12. This paragraph may be cited as the
1143 “Supplemental Academic Instruction Categorical Fund.”
1144 2. Categorical funds for supplemental academic instruction
1145 shall be allocated annually to each school district in the
1146 amount provided in the General Appropriations Act. These funds
1147 shall be in addition to the funds appropriated on the basis of
1148 FTE student membership in the Florida Education Finance Program
1149 and shall be included in the total potential funds of each
1150 district. These funds shall be used to provide supplemental
1151 academic instruction to students enrolled in the K-12 program.
1152 Supplemental instruction strategies may include, but are not
1153 limited to: modified curriculum, reading instruction, after
1154 school instruction, tutoring, mentoring, class size reduction,
1155 extended school year, intensive skills development in summer
1156 school, and other methods for improving student achievement.
1157 Supplemental instruction may be provided to a student in any
1158 manner and at any time during or beyond the regular 180-day term
1159 identified by the school as being the most effective and
1160 efficient way to best help that student progress from grade to
1161 grade and to graduate.
1162 3. Effective with the 2012-2013 1999-2000 fiscal year,
1163 funding on the basis of FTE membership beyond the 180-day
1164 regular term shall be provided in the FEFP only for students
1165 enrolled in juvenile justice education programs or in education
1166 programs for juveniles placed in secure facilities or programs
1167 under s. 985.19. Funding for instruction beyond the regular 180
1168 day school year for all other K-12 students shall be provided
1169 through the supplemental academic instruction categorical fund
1170 and other state, federal, and local fund sources with ample
1171 flexibility for schools to provide supplemental instruction to
1172 assist students in progressing from grade to grade and
1173 graduating.
1174 4. The Florida State University School, as a lab school, is
1175 authorized to expend from its FEFP or Lottery Enhancement Trust
1176 Fund allocation the cost to the student of remediation in
1177 reading, writing, or mathematics for any graduate who requires
1178 remediation at a postsecondary educational institution.
1179 5. Beginning in the 1999-2000 school year, Dropout
1180 prevention programs as defined in ss. 1003.515 1003.52,
1181 1003.53(1)(a), (b), and (c), and 1003.54 shall be included in
1182 group 1 programs under subparagraph (d)3.
1183 Section 15. This act shall take effect upon becoming a law.