House Bill 4315e1

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                                          HB 4315, First Engrossed



  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; providing for the operation of

25         specified education programs by the Department

26         of Education; amending s. 402.22, F.S.;

27         revising provisions relating to education

28         programs for students who reside in residential

29         care facilities operated by the Department of

30         Children and Family Services; creating s.

31         985.317, F.S.; requiring the development of a


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                                          HB 4315, First Engrossed



  1         Juvenile Offender Functional Literacy Program;

  2         providing intent, eligibility, and program

  3         requirements; requiring initial assessment;

  4         providing for exemption from the program;

  5         providing for evaluation and reporting;

  6         amending s. 985.404, F.S.; revising provisions

  7         relating to a cost data report; providing an

  8         effective date.

  9

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

11

12         Section 1.  Juvenile justice education programs.--

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

14  programs for youth committed by the court to residential

15  commitment programs operated by and contracted to the

16  Department of Juvenile Justice be strong components in

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

18  the lives of juvenile offenders toward a path of responsible

19  citizenship.  Education programs are the primary

20  rehabilitative method of turning around and redirecting the

21  lives of juvenile offenders.  Efforts to improve the outcomes

22  of juvenile offenders and the accountability and

23  cost-effectiveness of juvenile justice programs cannot be

24  successful unless adequate attention and resources are paid to

25  educational outcomes of youth in the juvenile justice system.

26  New and innovative education programs in residential and

27  nonresidential commitment facilities, in addition to education

28  programs for juvenile offenders who have not been committed to

29  the Department of Juvenile Justice and who are under court

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

31  or implemented.


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                                          HB 4315, First Engrossed



  1         (2)  The Juvenile Justice Advisory Board, created

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

  3  study to determine the extent and nature of education programs

  4  for juvenile offenders committed by the court to the

  5  Department of Juvenile Justice and for juvenile offenders

  6  under court supervision in the community.

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

  8  analyze existing juvenile justice education policy, statutes,

  9  programs, services, and resources and identify new directions

10  for juvenile justice education.

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

12  following issues:

13         1.  The extent and nature of education programs in

14  residential and nonresidential commitment programs for

15  juvenile offenders committed by the court to the Department of

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

17  delivery, and resources.

18         2.  Education curricula and delivery systems most

19  appropriate for youth in the juvenile justice system.

20         3.  The extent and nature of existing education

21  programs for juvenile offenders who are not committed by the

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

23  some type of community-based supervision.

24         4.  How educational services for juvenile offenders are

25  currently funded, and identification of barriers to and

26  alternative funding methods for ensuring adequate and

27  effective delivery of educational services for this student

28  population.

29         5.  Current statutory provisions for delivering

30  educational services to juvenile offenders, and determination

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                                          HB 4315, First Engrossed



  1  of whether statutory revisions are needed and what those

  2  changes should be.

  3         6.  Barriers to the efficient and effective operation

  4  of education programs in juvenile justice settings.

  5         (4)  The Juvenile Justice Advisory Board shall propose

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

  7  regarding education programs and services for juvenile

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

  9  educational service delivery; education program criteria and

10  student support and continuity for juvenile offenders

11  returning to public schools; education program evaluation and

12  performance measures; and educational staff development,

13  certification, and training.

14         (5)  The Juvenile Justice Advisory Board shall submit

15  its preliminary findings and recommendations to the Governor,

16  the President of the Senate, the Speaker of the House of

17  Representatives, and the minority leaders of the Senate and

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

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

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

21  Legislature.

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

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

24  solicit testimony and gather evidence from a broad range of

25  persons related to juvenile justice education issues.

26         (7)  The Office of Program Policy Analysis and

27  Government Accountability shall conduct a performance review

28  of education programs for youth in residential commitment

29  facilities.  Facilities selected for review shall consist of

30  state-operated and contracted residential commitment

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


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                                          HB 4315, First Engrossed



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

  2  addressing issues described in subsection (3).  Specific

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

  4  determined through discussions with board staff, Department of

  5  Juvenile Justice and the Department of Education staff, and

  6  staff from relevant legislative committees.

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

  8  the General Revenue Fund to the Juvenile Justice Advisory

  9  Board for the purpose of funding the study of education

10  programs for juvenile offenders committed by the court to the

11  Department of Juvenile Justice and for juvenile offenders

12  under court supervision in the community.  The board shall

13  hire personnel necessary to staff the study.  Administrative

14  support services for the study shall be provided by current

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

16  board members and may request other interested persons to

17  participate and act as a juvenile justice education task force

18  for the study.

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

20  230.23, Florida Statutes, is amended to read:

21         230.23  Powers and duties of school board.--The school

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

23  perform all duties listed below:

24         (4)  ESTABLISHMENT, ORGANIZATION, AND OPERATION OF

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

26  establishment, organization, and operation of the schools of

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

28         (n)  Alternative education programs for students in

29  residential care facilities.--Provide educational programs

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

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                                          HB 4315, First Engrossed



  1  in residential care facilities operated by the Department of

  2  Children and Family Health and Rehabilitative Services.

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

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

  5  Maintenance, repairs, and remodeling of existing facilities

  6  shall be provided by the Department of Children and Family

  7  Health and Rehabilitative Services.

  8         2.  If additional facilities are required, the district

  9  school board and the Department of Children and Family Health

10  and Rehabilitative Services shall agree on the appropriate

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

12  the most appropriate site for instruction is on district

13  school board property, a special capital outlay request shall

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

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

16  outlay funds shall be requested by the Department of Children

17  and Family Health and Rehabilitative Services as provided by

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

19  Any instructional facility to be built on state property shall

20  have educational specifications jointly developed by the

21  school district and the Department of Children and Family

22  Health and Rehabilitative Services and approved by the

23  Department of Education.  The size of space and occupant

24  design capacity criteria as provided by state board rules

25  shall be used for remodeling or new construction whether

26  facilities are provided on state property or district school

27  board property. The planning of such additional facilities

28  shall incorporate current Department of Children and Family

29  Health and Rehabilitative Services deinstitutionalization

30  plans.

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                                          HB 4315, First Engrossed



  1         3.  The school board shall have full and complete

  2  authority in the matter of the assignment and placement of

  3  such students in educational programs. The parent or guardian

  4  of exceptional students shall have the due process rights

  5  provided for in subparagraph (m)5.

  6         4.  The school board shall have a written agreement

  7  with the Department of Children and Family Health and

  8  Rehabilitative Services outlining the respective duties and

  9  responsibilities of each party.

10

11  Notwithstanding the provisions herein, the educational program

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

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

14  Boys at Okeechobee in Okeechobee County shall be operated by

15  the Department of Education, either directly or through grants

16  or contractual agreements with other public or duly accredited

17  educational agencies approved by the Department of Education.

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

19  Statutes, is amended to read:

20         230.2316  Dropout prevention.--

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

22  dropout prevention programs shall be coordinated with social

23  service, law enforcement, prosecutorial, and juvenile justice

24  agencies and juvenile assessment centers in the school

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

26  agencies are authorized to exchange information contained in

27  student records and juvenile justice records. Such information

28  is confidential and exempt from the provisions of s.

29  119.07(1). School districts and other agencies receiving such

30  information shall use the information only for official

31  purposes connected with the certification of students for


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                                          HB 4315, First Engrossed



  1  admission to and for the administration of the dropout

  2  prevention program, and shall maintain the confidentiality of

  3  such information unless otherwise provided by law or rule.

  4         Section 4.  Section 230.23161, Florida Statutes, is

  5  amended to read:

  6         230.23161  Educational services in Department of

  7  Juvenile Justice programs.--

  8         (1)  The Legislature finds that juvenile assessment

  9  centers are an important source of information about youth who

10  are entering the juvenile justice system.  Juvenile assessment

11  centers document the condition of youth entering the system,

12  thereby providing baseline data which is essential to evaluate

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

14  The cooperation and involvement of the local school system,

15  including the commitment of appropriate resources for

16  determining the educational status and special learning

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

18  potential benefits of juvenile assessment centers are to be

19  achieved.

20         (2)(1)  Students participating in a detention,

21  commitment, or rehabilitation program pursuant to chapter 985

22  39 which is sponsored by a community-based agency or is

23  operated or contracted for by the Department of Juvenile

24  Justice shall receive educational programs according to rules

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

26  eligible for services afforded to students enrolled in

27  programs pursuant to s. 230.2316 and all corresponding State

28  Board of Education rules.

29         (3)(2)  The district school board of the county in

30  which the residential or nonresidential care facility or

31  juvenile assessment facility is located shall provide


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                                          HB 4315, First Engrossed



  1  appropriate educational assessments and an appropriate program

  2  of instruction and special education services.  The district

  3  school board shall make provisions for each student to

  4  participate in basic, vocational, and exceptional student

  5  programs as appropriate.  Each program shall be conducted

  6  according to applicable law providing for the operation of

  7  public schools and rules of the state board.

  8         (4)(3)  A school day for any student serviced in a

  9  Department of Juvenile Justice program shall be the same as

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

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

12  School programming in juvenile justice detention, commitment,

13  and rehabilitation programs shall be made available during the

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

15  district.

16         (5)(4)  The educational program shall consist of

17  appropriate basic academic, vocational, or exceptional

18  curricula and related services which support the treatment

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

20  requirements for receipt of a high school diploma or its

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

22  days, the educational component may be limited to tutorial

23  activities and vocational employability skills.

24         (6)(5)  Participation in the program by students of

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

26  shall be mandatory.  All students of noncompulsory

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

28  diploma or its equivalent shall participate in the educational

29  program.

30         (7)(6)  The school district shall make every effort to

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


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                                          HB 4315, First Engrossed



  1  and experienced in educating students in juvenile justice

  2  programs. and to provide Students in juvenile justice programs

  3  shall be provided with a wide range of educational programs

  4  and opportunities including textbooks, technology,

  5  instructional support, and other resources available to

  6  students in public schools.  Teachers assigned to educational

  7  programs in juvenile justice settings in which the school

  8  district operates the educational program shall be selected by

  9  the school district in consultation with the director of the

10  juvenile justice facility.  Educational programs in juvenile

11  justice facilities shall have access to the substitute teacher

12  pool utilized by the school district.

13         (8)(7)  School districts are authorized and strongly

14  encouraged to A school district may contract with a private

15  provider for the provision of educational programs to youths

16  placed with the Department of Juvenile Justice and shall may

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

18  through the Florida Education Finance Program for such

19  students.

20         (9)  The local school district shall fund the education

21  program in a Department of Juvenile Justice facility at the

22  same or higher level of funding for equivalent students in the

23  county school system based on the funds generated by state

24  funding through the Florida Education Finance Program for such

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

26  district maximize its available local, state, and federal

27  funding to a juvenile justice program.

28         (10)(9)  Each school district shall negotiate a

29  cooperative agreement with the Department of Juvenile Justice

30  on the delivery of educational services to youths under the

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                                          HB 4315, First Engrossed



  1  jurisdiction of the department.  Such agreement must include,

  2  but is not limited to:

  3         (a)  Roles and responsibilities of each agency,

  4  including the roles and responsibilities of contract

  5  providers.

  6         (b)  Administrative issues including procedures for

  7  sharing information.

  8         (c)  Allocation of resources including maximization of

  9  local, state, and federal funding.

10         (d)  Procedures for educational evaluation for

11  educational exceptionalities and special needs.

12         (e)  Curriculum and delivery of instruction.

13         (f)  Classroom management procedures and attendance

14  policies.

15         (g)  Procedures for provision of qualified

16  instructional personnel, whether supplied by the school

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

18  performance of duties while in a juvenile justice setting.

19         (h)  Provisions for improving skills in teaching and

20  working with juvenile delinquents.

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

22  of juvenile facilities.

23         (j)  Procedures and timelines for the timely

24  documentation of credits earned and transfer of student

25  records.

26         (k)  Methods and procedures for dispute resolution.

27         (l)  Provisions for ensuring the safety of education

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

29         (m)  Strategies for correcting any deficiencies found

30  through the quality assurance process.

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                                          HB 4315, First Engrossed



  1         (11)(10)  The cooperative agreement pursuant to

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

  3  operating agreement or contract between the school district

  4  and the provider for each juvenile justice program in the

  5  school district where educational programs are to be provided.

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

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

  8  operational agreements or operating contracts rather than in

  9  the cooperative agreement if agreed to by the Department of

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

11  agreement shall be construed to require the school board to

12  provide more services than can be supported by the funds

13  generated by students in the juvenile justice programs.

14         (12)(11)  The Department of Education in consultation

15  with the Department of Juvenile Justice shall establish

16  standards and a comprehensive quality assurance review process

17  and schedule for the evaluation of the educational component

18  in juvenile justice programs.

19         (13)(12)  The district school board shall not be

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

21  facilities.  Maintenance, repairs, and remodeling of existing

22  facilities shall be provided by the Department of Juvenile

23  Justice.

24         (14)(13)  When additional facilities are required, the

25  district school board and the Department of Juvenile Justice

26  shall agree on the appropriate site based on the instructional

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

28  instruction is on district school board property, a special

29  capital outlay request shall be made by the commissioner in

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

31  on state property, state capital outlay funds shall be


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                                          HB 4315, First Engrossed



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

  2  216.043 and shall be submitted as specified by s. 216.023.

  3  Any instructional facility to be built on state property shall

  4  have educational specifications jointly developed by the

  5  school district and the Department of Juvenile Justice and

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

  7  and occupant design capacity criteria as provided by state

  8  board rules shall be used for remodeling or new construction

  9  whether facilities are provided on state property or district

10  school board property.

11         (15)(14)  The parent or guardian of exceptional

12  students shall have the due process rights provided for in

13  chapter 232.

14         (16)(15)  Department of Juvenile Justice detention and

15  commitment programs may be designated as second chance schools

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

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

18         (17)(16)  The Department of Education and Department of

19  Juvenile Justice, after consultation with and assistance from

20  local providers and local school districts, shall report

21  annually to the Legislature by December 1 on the progress

22  towards developing effective educational programs for juvenile

23  delinquents including the amount of funding provided by local

24  school districts to juvenile justice programs, the amount

25  retained for administration including documenting the purposes

26  for such expenses, the status of the development of

27  cooperative agreements, and the results of the quality

28  assurance reviews including recommendations for system

29  improvement.

30         (18)  The educational programs at the Arthur Dozier

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


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                                          HB 4315, First Engrossed



  1  Boys in Okeechobee shall be operated by the Department of

  2  Education, either directly or through grants or contractual

  3  agreements with other public or duly accredited education

  4  agencies approved by the Department of Education.

  5         (19)(17)  The Department of Education shall have the

  6  authority to adopt any rules necessary to implement the

  7  provisions of this section, including uniform curriculum,

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

  9  the minimum amount of paperwork and reporting necessary to

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

11  regarding this section shall be revised.

12         Section 5.  Section 402.22, Florida Statutes, is

13  amended to read:

14         402.22  Education program for students who reside in

15  residential care facilities operated by the Department of

16  Children and Family Health and Rehabilitative Services.--

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

18  of Children and Family Health and Rehabilitative Services has

19  under its residential care students with critical problems of

20  physical impairment, emotional disturbance, social

21  maladjustment, mental impairment, and learning impairment.

22         (b)  The Legislature recognizes the vital role of

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

24  intent of the Legislature that all such students benefit from

25  educational services and receive such services.

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

27  educational services be coordinated with appropriate and

28  existing diagnostic and evaluative, social, followup, and

29  other therapeutic services of the Department of Children and

30  Family Health and Rehabilitative Services so that the effect

31  of the total rehabilitation process is maximized.


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                                          HB 4315, First Engrossed



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

  2  educational programs for students in residential care

  3  facilities are implemented by the district school board,

  4  educational personnel in the Department of Children and Family

  5  Health and Rehabilitative Services residential care facilities

  6  who meet the qualifications for employees of the district

  7  school board be employed by the district school board.

  8         (2)  District school boards shall establish educational

  9  programs for all students ages 5 through 18 under the

10  residential care of the Department of Children and Family

11  Health and Rehabilitative Services and may provide for

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

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

14         (3)  Notwithstanding any provisions of chapters 39,

15  393, 394, and 397 to the contrary, the services of the

16  Department of Children and Family Health and Rehabilitative

17  Services and those of the Department of Education and district

18  school boards shall be mutually supportive and complementary

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

20  school board shall meet the standards prescribed by the State

21  Board of Education and the district school board. Decisions

22  regarding the design and delivery of Department of Children

23  and Family Health and Rehabilitative Services treatment or

24  habilitative services shall be made by interdisciplinary teams

25  of professional and paraprofessional staff of which

26  appropriate district school system administrative and

27  instructional personnel shall be invited to be participating

28  members.  The requirements for maintenance of confidentiality

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

30  applied to information used by such interdisciplinary teams,

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                                          HB 4315, First Engrossed



  1  and such information shall be exempt from the provisions of

  2  ss. 119.07(1) and 286.011.

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

  4  residential care of the Department of Children and Family

  5  Health and Rehabilitative Services and who receive an

  6  education program shall be calculated as full-time equivalent

  7  student membership in the appropriate cost factor as provided

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

  9  Department of Children and Family Health and Rehabilitative

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

11  services institutions and, state mental health facilities, and

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

13  students shall receive their education program from the

14  district school system, and funding shall be allocated through

15  the Florida Education Finance Program for the district school

16  system.

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

18  Rehabilitative Services and placed in youth services

19  residential and day programs shall be assigned to the

20  educational alternatives or other basic or special programs,

21  as appropriate.

22         (5)(6)  Instructional and special educational services

23  which are provided to mental health and retardation clients in

24  the Department of Children and Family Health and

25  Rehabilitative Services residential care facilities by local

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

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

28  period, unless otherwise stated in rules developed by the

29  State Board of Education with the concurrence of the

30  Department of Children and Family Health and Rehabilitative

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


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                                          HB 4315, First Engrossed



  1         (6)(7)  The State Board of Education and the Department

  2  of Children and Family Health and Rehabilitative Services

  3  shall have the authority to promulgate rules which shall

  4  assist in the orderly transfer of the instruction of students

  5  from Department of Children and Family Health and

  6  Rehabilitative Services residential care facilities to the

  7  district school system or to the public education agency and

  8  which shall assist in implementing the specific intent as

  9  stated in this act.

10         (7)(8)  Notwithstanding the provisions of s.

11  230.23(4)(n), the educational program programs at Arthur

12  Dozier School for Boys and the Marianna Sunland Center in

13  Jackson County and the Florida School for Boys in Okeechobee

14  shall be operated by the Department of Education, either

15  directly or through grants or contractual agreements with

16  other public educational agencies.  The annual state

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

18  236.081(1), (2), and (5) and allocated in the amount that

19  would have been provided the local school district in which

20  the residential facility is located.

21         Section 6.  Section 985.317, Florida Statutes, is

22  created to read:

23         985.317  Literacy Programs for Juvenile Offenders.--

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

25  mandatory literacy programs for juvenile offenders committed

26  by the court and placed in residential commitment programs be

27  established. Juvenile offenders shall have the opportunity to

28  achieve reading and writing skills as a means to further their

29  educational and vocational needs and to assist them in

30  discontinuing a life of crime. The literacy programs shall be

31  of high quality, targeted to the juvenile offender's assessed


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                                          HB 4315, First Engrossed



  1  ability and needs, and use appropriate instructional

  2  technology and qualified educational instructors. The programs

  3  shall be offered in each residential commitment program

  4  operated by or under contract with the department and shall

  5  consist of standardized outcomes so that an offender who is

  6  transferred to another facility may be able to continue his or

  7  her literacy education with minimal disruption.

  8         (2)  JUVENILE OFFENDER LITERACY PROGRAMS.--The

  9  Department of Education, in consultation with the Department

10  of Juvenile Justice, shall identify and, contingent upon

11  specific appropriations, implement, and administer juvenile

12  offender literacy programs for each residential commitment

13  programs operated by or under contract with the department.

14  These programs shall promote the reading and writing skills of

15  juvenile offenders.

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

17  the criteria of this section shall be required to participate

18  in a literacy program.

19         2.  An offender 17 years of age or older who is

20  admitted to a residential commitment program on or after July

21  1, 1998, shall be required to participate in a literacy

22  program. An offender 17 years of age or older who was

23  committed to a residential commitment program before July 1,

24  1998, may voluntarily participate in a program if the offender

25  otherwise meets the requirements for eligibility.

26         (b)  An offender is eligible to participate in a

27  program if the offender is unable to read and write at a

28  sixth-grade level and is not exempt under subsection (4).

29         (c)  In addition to any other requirements determined

30  by the department, a literacy program shall:

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                                          HB 4315, First Engrossed



  1         1.  Provide for the participation of an offender who

  2  may not attain a sixth-grade or higher reading and writing

  3  level due to a medical, developmental, or learning disability

  4  but who can reasonably be expected to benefit from a literacy

  5  program.

  6         2.  Require an eligible offender to participate in a

  7  minimum of 240 hours of education per year unless the offender

  8  attains a sixth-grade or higher reading and writing level or

  9  is released from the commitment facility.

10         3.  Require counseling for an offender who has not

11  achieved a sixth-grade or higher reading and writing level

12  after participation in a program. The counseling shall address

13  the benefits of continuing in the program.

14         4.  Include a system of incentives to encourage and

15  reward the performance of an offender in a program.

16         5.  Include a system of disincentives that may include

17  disciplinary action if an offender refuses or intentionally

18  fails to participate in good faith in a program.

19         6.  Provide for reports to be maintained in the

20  offender's records and forwarded to the appropriate

21  educational facility upon the offender's release from the

22  commitment facility.

23         (3)  INITIAL ASSESSMENT.--When an offender is admitted

24  to a residential commitment facility, the department or a

25  provider under contract with the department shall immediately

26  assess whether the offender has achieved a sixth-grade or

27  higher reading and writing level. An assessment may be

28  conducted at a juvenile assessment center as provided in s.

29  985.209 as a part of the intake process. If the department or

30  a provider determines that an offender has not achieved a

31  sixth-grade or higher reading and writing level the offender


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                                          HB 4315, First Engrossed



  1  shall participate in a program if the offender meets the

  2  criteria for participation.

  3         (4)  OFFENDERS EXEMPT FROM PARTICIPATION.--If an

  4  offender is not reasonably expected to benefit from a program

  5  as a result of a medical, developmental, or learning

  6  disability, the offender may not be required to participate in

  7  a program. The determination that an offender should be exempt

  8  from a program must be made by an appropriate psychologist,

  9  psychiatrist, or physician.

10         (5)  EVALUATION AND REPORT.--The Juvenile Justice

11  Advisory Board shall evaluate the literacy program outcomes as

12  part of its annual evaluation of program outcomes under s.

13  985.401. The department, in consultation with the Department

14  of Education, shall develop and implement an evaluation of the

15  program in order to determine the impact of the programs on

16  recidivism. The department shall submit an annual report on

17  the implementation and progress of the programs to the

18  President of the Senate and the Speaker of the House of

19  Representatives by January 1 of each year.

20         Section 7.  Subsection (10) of section 985.404, Florida

21  Statutes, is amended to read:

22         985.404  Administering the juvenile justice

23  continuum.--

24         (10)  The department shall annually collect and report

25  cost data for every program operated or contracted by the

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

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

28  be reported and collected for state-operated and contracted

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

30  department shall ensure that there is accurate cost accounting

31  for state-operated services including market-equivalent rent


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                                          HB 4315, First Engrossed



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

  2  provided to a residential facility shall be reported and

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

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

  5  Speaker of the House of Representatives, the Minority Leader

  6  of each house of the Legislature, the appropriate substantive

  7  and appropriations committees of each house of the

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

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

10  programs will be developed and implemented in collaboration

11  with and cooperation by the Department of Education, local

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

13  report shall include data collected by the Department of

14  Education for the purposes of preparing the annual report

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

16  whenever possible.

17         Section 8.  This act shall take effect upon becoming a

18  law.

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