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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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
31
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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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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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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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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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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
20
CODING: Words stricken are deletions; words underlined are additions.
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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