House Bill 4315

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    Florida House of Representatives - 1998                HB 4315

        By the Committee on Juvenile Justice and Representatives
    Bainter, Putnam, D. Prewitt, Stafford, Murman, Melvin and
    Betancourt




  1                      A bill to be entitled

  2         An act relating to juvenile justice education

  3         programs; requiring the Juvenile Justice

  4         Advisory Board to conduct a study relating to

  5         education programs for juvenile offenders;

  6         requiring findings and recommendations;

  7         requiring a performance review by the Office of

  8         Program Policy Analysis and Government

  9         Accountability; providing an appropriation;

10         amending s. 230.23, F.S., relating to district

11         school board duties; revising provisions

12         relating to alternative education programs for

13         students in residential care facilities;

14         amending s. 230.2316, F.S.; providing for

15         certain coordination with school district

16         dropout prevention programs; amending s.

17         230.23161, F.S.; revising provisions relating

18         to educational services in Department of

19         Juvenile Justice programs; providing findings

20         relating to juvenile assessment centers;

21         providing school board and school district

22         duties; providing requirements relating to

23         teachers assigned to juvenile justice education

24         programs; requiring rules relating to

25         educational services; providing funding

26         requirements; providing for the operation of

27         specified education programs by the Department

28         of Education; amending s. 237.34, F.S.;

29         revising provisions relating to school district

30         expenditure of funds for specified programs;

31         amending s. 402.22, F.S.; revising provisions

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  1         relating to education programs for students who

  2         reside in residential care facilities operated

  3         by the Department of Children and Family

  4         Services; creating s. 985.317, F.S.; requiring

  5         the development of a Juvenile Offender

  6         Functional Literacy Program; providing intent,

  7         eligibility, and program requirements;

  8         requiring initial assessment; providing for

  9         exemption from the program; providing for

10         evaluation and reporting; amending s. 985.404,

11         F.S.; revising provisions relating to a cost

12         data report; providing an effective date.

13

14  Be It Enacted by the Legislature of the State of Florida:

15

16         Section 1.  Juvenile justice education programs.--

17         (1)  It is the intent of the Legislature that education

18  programs for youth committed by the court to residential

19  commitment programs operated by and contracted to the

20  Department of Juvenile Justice be strong components in

21  Florida's efforts to rehabilitate, habilitate, and redirect

22  the lives of juvenile offenders toward a path of responsible

23  citizenship.  Education programs are the primary

24  rehabilitative method of turning around and redirecting the

25  lives of juvenile offenders.  Efforts to improve the outcomes

26  of juvenile offenders and the accountability and

27  cost-effectiveness of juvenile justice programs cannot be

28  successful unless adequate attention and resources are paid to

29  educational outcomes of youth in the juvenile justice system.

30  New and innovative education programs in residential and

31  nonresidential commitment facilities, in addition to education

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  1  programs for juvenile offenders who have not been committed to

  2  the Department of Juvenile Justice and who are under court

  3  supervision in the community, should be explored, developed,

  4  or implemented.

  5         (2)  The Juvenile Justice Advisory Board, created

  6  pursuant to s. 985.401, Florida Statutes, shall conduct a

  7  study to determine the extent and nature of education programs

  8  for juvenile offenders committed by the court to the

  9  Department of Juvenile Justice and for juvenile offenders

10  under court supervision in the community.

11         (3)(a)  The Juvenile Justice Advisory Board shall

12  analyze existing juvenile justice education policy, statutes,

13  programs, services, and resources and identify new directions

14  for juvenile justice education.

15         (b)  The board shall address, at a minimum, the

16  following issues:

17         1.  The extent and nature of education programs in

18  residential and nonresidential commitment programs for

19  juvenile offenders committed by the court to the Department of

20  Juvenile Justice in terms of assessment, curriculum, staffing,

21  delivery, and resources.

22         2.  Education curricula and delivery systems most

23  appropriate for youth in the juvenile justice system.

24         3.  The extent and nature of existing education

25  programs for juvenile offenders who are not committed by the

26  court to the Department of Juvenile Justice but who are under

27  some type of community-based supervision.

28         4.  How educational services for juvenile offenders are

29  currently funded, and identification of barriers to and

30  alternative funding methods for ensuring adequate and

31

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  1  effective delivery of educational services for this student

  2  population.

  3         5.  Current statutory provisions for delivering

  4  educational services to juvenile offenders, and determination

  5  of whether statutory revisions are needed and what those

  6  changes should be.

  7         6.  Barriers to the efficient and effective operation

  8  of education programs in juvenile justice settings.

  9         (4)  The Juvenile Justice Advisory Board shall propose

10  any changes to policy, statutes, programs, and funding

11  regarding education programs and services for juvenile

12  offenders, including, but not limited to:  flexibility in

13  educational service delivery; education program criteria and

14  student support and continuity for juvenile offenders

15  returning to public schools; education program evaluation and

16  performance measures; and educational staff development,

17  certification, and training.

18         (5)  The Juvenile Justice Advisory Board shall submit

19  its preliminary findings and recommendations to the Governor,

20  the President of the Senate, the Speaker of the House of

21  Representatives, and the minority leaders of the Senate and

22  the House of Representatives by December 31, 1998.  Findings

23  and recommendations of the board may serve as the basis for

24  changes in substantive law for the 1999 Regular Session of the

25  Legislature.

26         (6)  The Juvenile Justice Advisory Board shall hold not

27  less than two public hearings at sites throughout the state to

28  solicit testimony and gather evidence from a broad range of

29  persons related to juvenile justice education issues.

30         (7)  The Office of Program Policy Analysis and

31  Government Accountability shall conduct a performance review

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  1  of education programs for youth in residential commitment

  2  facilities.  Facilities selected for review shall consist of

  3  state-operated and contracted residential commitment

  4  facilities in different parts of the state.  The purpose of

  5  the review is to assist the Juvenile Justice Advisory Board in

  6  addressing issues described in subsection (3).  Specific

  7  issues and questions to be addressed in the review shall be

  8  determined through discussions with board staff, Department of

  9  Juvenile Justice and the Department of Education staff, and

10  staff from relevant legislative committees.

11         (8)  The sum of $150,000 is hereby appropriated from

12  the General Revenue Fund to the Juvenile Justice Advisory

13  Board for the purpose of funding the study of education

14  programs for juvenile offenders committed by the court to the

15  Department of Juvenile Justice and for juvenile offenders

16  under court supervision in the community.  The board shall

17  hire personnel necessary to staff the study.  Administrative

18  support services for the study shall be provided by current

19  board staff.  The board shall use a subcommittee of interested

20  board members and may request other interested persons to

21  participate and act as a juvenile justice education task force

22  for the study.

23         Section 2.  Paragraph (n) of subsection (4) of section

24  230.23, Florida Statutes, is amended to read:

25         230.23  Powers and duties of school board.--The school

26  board, acting as a board, shall exercise all powers and

27  perform all duties listed below:

28         (4)  ESTABLISHMENT, ORGANIZATION, AND OPERATION OF

29  SCHOOLS.--Adopt and provide for the execution of plans for the

30  establishment, organization, and operation of the schools of

31  the district, including, but not limited to, the following:

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  1         (n)  Alternative education programs for students in

  2  residential care facilities.--Provide educational programs

  3  according to rules of the state board to students who reside

  4  in residential care facilities operated by the Department of

  5  Children and Family Health and Rehabilitative Services.

  6         1.  The district school board shall not be charged any

  7  rent, maintenance, utilities, or overhead on such facilities.

  8  Maintenance, repairs, and remodeling of existing facilities

  9  shall be provided by the Department of Children and Family

10  Health and Rehabilitative Services.

11         2.  If additional facilities are required, the district

12  school board and the Department of Children and Family Health

13  and Rehabilitative Services shall agree on the appropriate

14  site based on the instructional needs of the students.  When

15  the most appropriate site for instruction is on district

16  school board property, a special capital outlay request shall

17  be made by the commissioner in accordance with s. 235.41. When

18  the most appropriate site is on state property, state capital

19  outlay funds shall be requested by the Department of Children

20  and Family Health and Rehabilitative Services as provided by

21  s. 216.043 and shall be submitted as specified by s. 216.023.

22  Any instructional facility to be built on state property shall

23  have educational specifications jointly developed by the

24  school district and the Department of Children and Family

25  Health and Rehabilitative Services and approved by the

26  Department of Education.  The size of space and occupant

27  design capacity criteria as provided by state board rules

28  shall be used for remodeling or new construction whether

29  facilities are provided on state property or district school

30  board property. The planning of such additional facilities

31  shall incorporate current Department of Children and Family

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  1  Health and Rehabilitative Services deinstitutionalization

  2  plans.

  3         3.  The school board shall have full and complete

  4  authority in the matter of the assignment and placement of

  5  such students in educational programs. The parent or guardian

  6  of exceptional students shall have the due process rights

  7  provided for in subparagraph (m)5.

  8         4.  The school board shall have a written agreement

  9  with the Department of Children and Family Health and

10  Rehabilitative Services outlining the respective duties and

11  responsibilities of each party.

12

13  Notwithstanding the provisions herein, the educational program

14  programs at the Arthur Dozier School for Boys, the Marianna

15  Sunland Center in Jackson County, and the Florida School for

16  Boys at Okeechobee in Okeechobee County shall be operated by

17  the Department of Education, either directly or through grants

18  or contractual agreements with other public or duly accredited

19  educational agencies approved by the Department of Education.

20         Section 3.  Subsection (8) of section 230.2316, Florida

21  Statutes, is amended to read:

22         230.2316  Dropout prevention.--

23         (8)  COORDINATION WITH OTHER AGENCIES.--School district

24  dropout prevention programs shall be coordinated with social

25  service, law enforcement, prosecutorial, and juvenile justice

26  agencies and juvenile assessment centers in the school

27  district. Notwithstanding the provisions of s. 228.093, these

28  agencies are authorized to exchange information contained in

29  student records and juvenile justice records. Such information

30  is confidential and exempt from the provisions of s.

31  119.07(1). School districts and other agencies receiving such

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  1  information shall use the information only for official

  2  purposes connected with the certification of students for

  3  admission to and for the administration of the dropout

  4  prevention program, and shall maintain the confidentiality of

  5  such information unless otherwise provided by law or rule.

  6         Section 4.  Section 230.23161, Florida Statutes, is

  7  amended to read:

  8         230.23161  Educational services in Department of

  9  Juvenile Justice programs.--

10         (1)  The Legislature finds that juvenile assessment

11  centers are an important source of information about youth who

12  are entering the juvenile justice system.  Juvenile assessment

13  centers document the condition of youth entering the system,

14  thereby providing baseline data which is essential to evaluate

15  changes in the condition of youth as a result of treatment.

16  The cooperation and involvement of the local school system,

17  including the commitment of appropriate resources for

18  determining the educational status and special learning

19  problems and needs of youth, are essential if the full

20  potential benefits of juvenile assessment centers are to be

21  achieved.

22         (2)(1)  Students participating in a detention,

23  commitment, or rehabilitation program pursuant to chapter 985

24  39 which is sponsored by a community-based agency or is

25  operated or contracted for by the Department of Juvenile

26  Justice shall receive educational programs according to rules

27  of the State Board of Education. These students shall be

28  eligible for services afforded to students enrolled in

29  programs pursuant to s. 230.2316 and all corresponding State

30  Board of Education rules.

31

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  1         (3)(2)  The district school board of the county in

  2  which the residential or nonresidential care facility or

  3  juvenile assessment facility is located shall provide

  4  appropriate educational assessments and an appropriate program

  5  of instruction and special education services.  The district

  6  school board shall make provisions for each student to

  7  participate in basic, vocational, and exceptional student

  8  programs as appropriate.  Each program shall be conducted

  9  according to applicable law providing for the operation of

10  public schools and rules of the state board.

11         (4)(3)  A school day for any student serviced in a

12  Department of Juvenile Justice program shall be the same as

13  specified in s. 228.041(13). Educational services shall may be

14  provided at times of the day most appropriate for the program.

15  School programming in juvenile justice detention, commitment,

16  and rehabilitation programs shall be made available during the

17  regular school year and the summer school by the local school

18  district.

19         (5)(4)  The educational program shall consist of

20  appropriate basic academic, vocational, or exceptional

21  curricula and related services which support the treatment

22  goals and reentry and which may lead to completion of the

23  requirements for receipt of a high school diploma or its

24  equivalent.  If the duration of a program is less than 40

25  days, the educational component may be limited to tutorial

26  activities and vocational employability skills.

27         (6)(5)  Participation in the program by students of

28  compulsory school attendance age as provided for in s. 232.01

29  shall be mandatory.  All students of noncompulsory

30  school-attendance age who have not received a high school

31

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  1  diploma or its equivalent shall participate in the educational

  2  program.

  3         (7)(6)  The school district shall make every effort to

  4  recruit and train teachers who are interested, qualified, or

  5  and experienced in educating students in juvenile justice

  6  programs. and to provide Students in juvenile justice programs

  7  shall be provided with a wide range of educational programs

  8  and opportunities including textbooks, technology,

  9  instructional support, and other resources available to

10  students in public schools.  Teachers assigned to educational

11  programs in juvenile justice settings in which the school

12  district operates the educational program shall be jointly

13  selected by the school district and the director of the

14  juvenile justice facility.  Teachers assigned to juvenile

15  justice programs shall receive specialized training on how to

16  effectively provide educational services for students in such

17  settings.  Educational programs in juvenile justice facilities

18  shall have access to the substitute teacher pool utilized by

19  the school district.

20         (8)(7)  School districts are authorized and strongly

21  encouraged to A school district may contract with a private

22  provider for the provision of educational programs to youths

23  placed with the Department of Juvenile Justice and shall may

24  generate local, state, and federal funding, including funding

25  through the Florida Education Finance Program for such

26  students.

27         (9)(a)(8)  The Department of Education shall develop an

28  administrative rule that defines "direct educational services"

29  and "administrative educational services."  These definitions

30  shall govern the allocation by a local school district of

31

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  1  funds generated by state funding through the Florida Education

  2  Finance Program.

  3         (b)  The local school district shall fund the direct

  4  educational services education program in a Department of

  5  Juvenile Justice facility at a the same or higher level not

  6  less than 95 percent of funding for equivalent students in the

  7  county school system based on the funds generated by state

  8  funding through the Florida Education Finance Program for such

  9  students.  It is the intent of the Legislature that the school

10  district maximize its available local, state, and federal

11  funding to a juvenile justice program, and that these funds be

12  used primarily for direct educational services.

13         (10)(9)  Each school district shall negotiate a

14  cooperative agreement with the Department of Juvenile Justice

15  on the delivery of educational services to youths under the

16  jurisdiction of the department.  Such agreement must include,

17  but is not limited to:

18         (a)  Roles and responsibilities of each agency,

19  including the roles and responsibilities of contract

20  providers.

21         (b)  Administrative issues including procedures for

22  sharing information.

23         (c)  Allocation of resources including maximization of

24  local, state, and federal funding.

25         (d)  Procedures for educational evaluation for

26  educational exceptionalities and special needs.

27         (e)  Curriculum and delivery of instruction.

28         (f)  Classroom management procedures and attendance

29  policies.

30         (g)  Procedures for provision of qualified

31  instructional personnel, whether supplied by the school

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  1  district or provided under contract by the provider, and for

  2  performance of duties while in a juvenile justice setting.

  3         (h)  Provisions for improving skills in teaching and

  4  working with juvenile delinquents.

  5         (i)  Transition plans for students moving into and out

  6  of juvenile facilities.

  7         (j)  Procedures and timelines for the timely

  8  documentation of credits earned and transfer of student

  9  records.

10         (k)  Methods and procedures for dispute resolution.

11         (l)  Provisions for ensuring the safety of education

12  personnel and support for the agreed-upon education program.

13         (m)  Strategies for correcting any deficiencies found

14  through the quality assurance process.

15         (11)(10)  The cooperative agreement pursuant to

16  subsection (10) (9) does not preclude the development of an

17  operating agreement or contract between the school district

18  and the provider for each juvenile justice program in the

19  school district where educational programs are to be provided.

20  Any of the matters which must be included in the agreement

21  pursuant to subsection (10) (9) may be defined in the

22  operational agreements or operating contracts rather than in

23  the cooperative agreement if agreed to by the Department of

24  Juvenile Justice. Nothing in this section or in a cooperative

25  agreement shall be construed to require the school board to

26  provide more services than can be supported by the funds

27  generated by students in the juvenile justice programs.

28  However, it is the intent of the Legislature that not less

29  than 95 percent of the funds generated by students in juvenile

30  justice programs be allocated to direct educational services

31  as defined by rule.  When a school board contracts with

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  1  another entity to provide educational services in juvenile

  2  justice programs, it must require that not less than 95

  3  percent of the funds received by the entity be spent on direct

  4  educational services.  Compliance with this requirement shall

  5  be subject to audit.

  6         (12)(11)  The Department of Education in consultation

  7  with the Department of Juvenile Justice shall establish

  8  standards and a comprehensive quality assurance review process

  9  and schedule for the evaluation of the educational component

10  in juvenile justice programs.

11         (13)(12)  The district school board shall not be

12  charged any rent, maintenance, utilities, or overhead on such

13  facilities.  Maintenance, repairs, and remodeling of existing

14  facilities shall be provided by the Department of Juvenile

15  Justice.

16         (14)(13)  When additional facilities are required, the

17  district school board and the Department of Juvenile Justice

18  shall agree on the appropriate site based on the instructional

19  needs of the students.  When the most appropriate site for

20  instruction is on district school board property, a special

21  capital outlay request shall be made by the commissioner in

22  accordance with s. 235.41. When the most appropriate site is

23  on state property, state capital outlay funds shall be

24  requested by the Department of Juvenile Justice provided by s.

25  216.043 and shall be submitted as specified by s. 216.023.

26  Any instructional facility to be built on state property shall

27  have educational specifications jointly developed by the

28  school district and the Department of Juvenile Justice and

29  approved by the Department of Education.  The size of space

30  and occupant design capacity criteria as provided by state

31  board rules shall be used for remodeling or new construction

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  1  whether facilities are provided on state property or district

  2  school board property.

  3         (15)(14)  The parent or guardian of exceptional

  4  students shall have the due process rights provided for in

  5  chapter 232.

  6         (16)(15)  Department of Juvenile Justice detention and

  7  commitment programs may be designated as second chance schools

  8  pursuant to s. 230.2316(3)(d). Admission to such programs

  9  shall be governed by part II of chapter 985 39.

10         (17)(16)  The Department of Education and Department of

11  Juvenile Justice, after consultation with and assistance from

12  local providers and local school districts, shall report

13  annually to the Legislature by December 1 on the progress

14  towards developing effective educational programs for juvenile

15  delinquents including the amount of funding provided by local

16  school districts to juvenile justice programs, the amount

17  retained for administration including documenting the purposes

18  for such expenses, the status of the development of

19  cooperative agreements, and the results of the quality

20  assurance reviews including recommendations for system

21  improvement.

22         (18)  The educational programs at the Arthur Dozier

23  School for Boys in Jackson County and the Florida School for

24  Boys in Okeechobee shall be operated by the Department of

25  Education, either directly or through grants or contractual

26  agreements with other public or duly accredited education

27  agencies approved by the Department of Education.

28         (19)(17)  The Department of Education shall have the

29  authority to adopt any rules necessary to implement the

30  provisions of this section, including uniform curriculum,

31  funding, and second chance schools.  Such rules shall require

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  1  the minimum amount of paperwork and reporting necessary to

  2  comply with this act. By January 1, 1997, current rules

  3  regarding this section shall be revised.

  4         Section 5.  Paragraph (a) of subsection (3) of section

  5  237.34, Florida Statutes, is amended to read:

  6         237.34  Cost accounting and reporting.--

  7         (3)  PROGRAM EXPENDITURE REQUIREMENTS.--

  8         (a)  Each district shall expend at least the percent of

  9  the funds generated by each of the programs listed herein on

10  the aggregate total school costs for such programs:

11         1.  Kindergarten and grades 1, 2, and 3, 90 percent.

12         2.  Grades 4, 5, 6, 7, and 8, 80 percent.

13         3.  Grades 9, 10, 11, and 12, 80 percent.

14         4.  Programs for exceptional students, on an aggregate

15  program basis, 80 percent.

16         5.  Grades 7 through 12 vocational education programs,

17  on an aggregate program basis, 80 percent.

18         6.  Students-at-risk programs, on an aggregate program

19  basis, 80 percent, with the exception of programs for students

20  in Department of Juvenile Justice facilities, 95 percent.

21         7.  Any new program established and funded under s.

22  236.081(1)(c), that is not included under subparagraphs 1.

23  through 6., on an aggregate basis as appropriate, 80 percent.

24         Section 6.  Section 402.22, Florida Statutes, is

25  amended to read:

26         402.22  Education program for students who reside in

27  residential care facilities operated by the Department of

28  Children and Family Health and Rehabilitative Services.--

29         (1)(a)  The Legislature recognizes that the Department

30  of Children and Family Health and Rehabilitative Services has

31  under its residential care students with critical problems of

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  1  physical impairment, emotional disturbance, social

  2  maladjustment, mental impairment, and learning impairment.

  3         (b)  The Legislature recognizes the vital role of

  4  education in the rehabilitation of such students.  It is the

  5  intent of the Legislature that all such students benefit from

  6  educational services and receive such services.

  7         (c)  It is the intent of the Legislature that

  8  educational services be coordinated with appropriate and

  9  existing diagnostic and evaluative, social, followup, and

10  other therapeutic services of the Department of Children and

11  Family Health and Rehabilitative Services so that the effect

12  of the total rehabilitation process is maximized.

13         (d)  It is the intent of the Legislature that, as

14  educational programs for students in residential care

15  facilities are implemented by the district school board,

16  educational personnel in the Department of Children and Family

17  Health and Rehabilitative Services residential care facilities

18  who meet the qualifications for employees of the district

19  school board be employed by the district school board.

20         (2)  District school boards shall establish educational

21  programs for all students ages 5 through 18 under the

22  residential care of the Department of Children and Family

23  Health and Rehabilitative Services and may provide for

24  students below age 3 as provided for in s. 232.01(1)(e).

25  Funding of such programs shall be pursuant to s. 236.081.

26         (3)  Notwithstanding any provisions of chapters 39,

27  393, 394, and 397 to the contrary, the services of the

28  Department of Children and Family Health and Rehabilitative

29  Services and those of the Department of Education and district

30  school boards shall be mutually supportive and complementary

31  of each other. The education programs provided by the district

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  1  school board shall meet the standards prescribed by the State

  2  Board of Education and the district school board. Decisions

  3  regarding the design and delivery of Department of Children

  4  and Family Health and Rehabilitative Services treatment or

  5  habilitative services shall be made by interdisciplinary teams

  6  of professional and paraprofessional staff of which

  7  appropriate district school system administrative and

  8  instructional personnel shall be invited to be participating

  9  members.  The requirements for maintenance of confidentiality

10  as prescribed in chapters 39, 393, 394, and 397 shall be

11  applied to information used by such interdisciplinary teams,

12  and such information shall be exempt from the provisions of

13  ss. 119.07(1) and 286.011.

14         (4)  Students age 18 and under who are under the

15  residential care of the Department of Children and Family

16  Health and Rehabilitative Services and who receive an

17  education program shall be calculated as full-time equivalent

18  student membership in the appropriate cost factor as provided

19  for in s. 236.081(1)(c). Residential care facilities of the

20  Department of Children and Family Health and Rehabilitative

21  Services shall include, but not be limited to, developmental

22  services institutions and, state mental health facilities, and

23  youth services programs (residential and day programs).  All

24  students shall receive their education program from the

25  district school system, and funding shall be allocated through

26  the Florida Education Finance Program for the district school

27  system.

28         (5)  Students committed to the Department of Health and

29  Rehabilitative Services and placed in youth services

30  residential and day programs shall be assigned to the

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  1  educational alternatives or other basic or special programs,

  2  as appropriate.

  3         (5)(6)  Instructional and special educational services

  4  which are provided to mental health and retardation clients in

  5  the Department of Children and Family Health and

  6  Rehabilitative Services residential care facilities by local

  7  school districts shall not be less than 180 days or 900 hours;

  8  however, the 900 hours may be distributed over a 12-month

  9  period, unless otherwise stated in rules developed by the

10  State Board of Education with the concurrence of the

11  Department of Children and Family Health and Rehabilitative

12  Services promulgated pursuant to subsection (6) (7).

13         (6)(7)  The State Board of Education and the Department

14  of Children and Family Health and Rehabilitative Services

15  shall have the authority to promulgate rules which shall

16  assist in the orderly transfer of the instruction of students

17  from Department of Children and Family Health and

18  Rehabilitative Services residential care facilities to the

19  district school system or to the public education agency and

20  which shall assist in implementing the specific intent as

21  stated in this act.

22         (7)(8)  Notwithstanding the provisions of s.

23  230.23(4)(n), the educational program programs at Arthur

24  Dozier School for Boys and the Marianna Sunland Center in

25  Jackson County and the Florida School for Boys in Okeechobee

26  shall be operated by the Department of Education, either

27  directly or through grants or contractual agreements with

28  other public educational agencies.  The annual state

29  allocation to any such agency shall be computed pursuant to s.

30  236.081(1), (2), and (5) and allocated in the amount that

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  1  would have been provided the local school district in which

  2  the residential facility is located.

  3         Section 7.  Section 985.317, Florida Statutes, is

  4  created to read:

  5         985.317  Juvenile Offender Functional Literacy

  6  Program.--

  7         (1)  INTENT.--It is the intent of the Legislature that

  8  a mandatory functional literacy program for juvenile offenders

  9  committed by the court and placed in residential commitment

10  programs be established.  Juvenile offenders should have the

11  opportunity to achieve functional literacy as a means to

12  further their educational and vocational needs to assist them

13  in being crime free.  The functional literacy program should

14  be of high quality, targeted to the juvenile offender's

15  assessed ability and needs, and use the appropriate

16  instructional technology with qualified educational

17  instructors.  The program should be administered in each

18  state-operated and contracted residential commitment program

19  throughout the state with compatible standardized program

20  criteria so that an offender transferred from one facility to

21  another may be able to continue his or her literacy education

22  with minimal disruption.

23         (2)  JUVENILE OFFENDER FUNCTIONAL LITERACY

24  PROGRAM.--The Department of Education, in consultation with

25  the Department of Juvenile Justice, shall develop and,

26  contingent upon specific appropriations, implement and

27  administer a Juvenile Offender Functional Literacy Program in

28  all state-operated and contracted residential commitment

29  programs.  The program is designed to promote the functional

30  literacy of juvenile offenders and ensure continuity and

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  1  consistency in the program among the residential commitment

  2  programs.

  3         (3)  ELIGIBILITY REQUIREMENTS.--

  4         (a)1.  An offender 16 years of age or younger who meets

  5  the criteria of this section shall be required to participate

  6  in the program.

  7         2.  An offender over 16 years of age who is admitted to

  8  a residential commitment program on or after the effective

  9  date of this section and who meets the criteria of this

10  section shall be required to participate in the program.  An

11  offender over 16 years of age who was admitted to a

12  residential commitment program prior to the effective date of

13  this section may voluntarily participate in the program if the

14  offender otherwise meets eligibility requirements.

15         (b)  To be required to participate in the program, an

16  offender shall not have attained a sixth grade reading level

17  and shall not be exempt from the program pursuant to

18  subsection (6).

19         (4)  PROGRAM REQUIREMENTS.--In addition to any other

20  requirements determined by the Department of Education and the

21  Department of Juvenile Justice, the program shall:

22         (a)  Enroll an offender whose functional literacy is

23  below the sixth grade reading level due to a medical,

24  developmental, or learning disability, but who can reasonably

25  be expected to benefit from the program.

26         (b)  Require an offender who meets the eligibility

27  criteria to participate in the program for a minimum of 240

28  hours unless the offender becomes functionally literate or is

29  released from the commitment facility before the offender has

30  completed the program.

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  1         (c)  Require counseling for an offender who has not

  2  become functionally literate after participation in the

  3  program.  The counseling shall address the benefits of

  4  continuing in the program.

  5         (d)  Establish a system of incentives to encourage and

  6  reward offender performance in the program.

  7         (e)  Establish a system of disincentives which may

  8  include disciplinary action should an offender refuse or

  9  intentionally fail to participate in good faith in the

10  program.

11         (f)  Ensure that reports are maintained in an

12  offender's records to record the offender's efforts and

13  progress in the program and that such records are forwarded to

14  the appropriate educational facility upon the offender's

15  release from the commitment facility.

16         (5)  INITIAL ASSESSMENT.--When an offender is admitted

17  to a residential commitment facility, the Department of

18  Juvenile Justice or contracted provider shall immediately

19  assess whether the offender is functionally literate.  An

20  assessment may be done by a juvenile assessment center

21  pursuant to s. 985.209, as part of the juvenile justice intake

22  process as provided in s. 985.21.  If the department or

23  contracted provider determines from its assessment or an

24  assessment completed by a juvenile assessment center that the

25  offender is not functionally literate, then the offender shall

26  participate in the program if the other requirements of the

27  program are met.

28         (6)  EXEMPT OFFENDERS.--An offender who cannot

29  reasonably be expected to benefit from the program as a result

30  of a medical, developmental, or learning disability shall not

31  be required to participate in the program. An offender who may

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  1  be considered exempt from the program shall be evaluated by an

  2  appropriate psychologist, psychiatrist, or physician who will

  3  make such a determination.

  4         (7)  EVALUATION AND REPORTING REQUIREMENTS.--The

  5  Juvenile Offender Functional Literacy Program shall be

  6  evaluated by the Juvenile Justice Advisory Board, in

  7  consultation with the Department of Education, as part of the

  8  board's outcome evaluation reporting requirements pursuant to

  9  s. 985.401. The Department of Juvenile Justice, in

10  consultation with the Department of Education, shall develop

11  and implement a research design to determine the impact of the

12  program on recidivism and submit an annual report on the

13  implementation and progress of the program to the President of

14  the Senate and the Speaker of the House of Representatives no

15  later than January 1 of each year.

16         Section 8.  Subsection (10) of section 985.404, Florida

17  Statutes, is amended to read:

18         985.404  Administering the juvenile justice

19  continuum.--

20         (10)  The department shall annually collect and report

21  cost data for every program operated or contracted by the

22  department.  The cost data shall conform to a format approved

23  by the department and the Legislature. Uniform cost data shall

24  be reported and collected for state-operated and contracted

25  programs so that comparisons can be made among programs.  The

26  department shall ensure that there is accurate cost accounting

27  for state-operated services including market-equivalent rent

28  and other shared cost.  The cost of the educational program

29  provided to a residential facility shall be reported and

30  included in the cost of a program. The department shall submit

31  an annual cost report to the President of the Senate, the

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  1  Speaker of the House of Representatives, the Minority Leader

  2  of each house of the Legislature, the appropriate substantive

  3  and appropriations committees of each house of the

  4  Legislature, and the Governor, no later than December 1

  5  February 1 of each year. Cost-benefit analysis for educational

  6  programs will be developed and implemented in collaboration

  7  with and cooperation by the Department of Education, local

  8  providers, and local school districts. Cost data for the

  9  report shall include data collected by the Department of

10  Education for the purposes of preparing the annual report

11  required by s. 230.23161(17) and will use current data sources

12  whenever possible.

13         Section 9.  This act shall take effect upon becoming a

14  law.

15

16            *****************************************

17                          HOUSE SUMMARY

18
      Requires the Juvenile Justice Advisory Board to conduct a
19    study relating to education programs for juvenile
      offenders and provides an appropriation therefor. Revises
20    provisions relating to alternative education programs for
      students in residential care facilities. Provides for
21    certain coordination with school district dropout
      prevention programs. Revises provisions relating to
22    educational services in Department of Juvenile Justice
      programs. Provides school board and school district
23    duties and requirements relating to teachers assigned to
      juvenile justice education programs. Requires rules
24    relating to educational services and provides funding
      requirements. Requires the development of a Juvenile
25    Offender Functional Literacy Program. Provides intent,
      eligibility, and program requirements. Revises provisions
26    relating to a Department of Juvenile Justice cost data
      report.
27

28

29

30

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