House Bill 4315e2

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                                         HB 4315, Second 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, Second 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

  8         definitions; prohibiting a state agency from

  9         expanding the existing Orlando Regional

10         Juvenile Detention Center; prohibiting a state

11         agency from building a new detention center or

12         other commitment facility on property

13         contiguous to the existing detention center;

14         prohibiting a state agency from using property

15         contiguous to the existing detention center to

16         operate a detention center or other commitment

17         facility; providing an effective date.

18

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

20

21         Section 1.  Juvenile justice education programs.--

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

23  programs for youth committed by the court to residential

24  commitment programs operated by and contracted to the

25  Department of Juvenile Justice be strong components in

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

27  the lives of juvenile offenders toward a path of responsible

28  citizenship.  Education programs are the primary

29  rehabilitative method of turning around and redirecting the

30  lives of juvenile offenders.  Efforts to improve the outcomes

31  of juvenile offenders and the accountability and


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                                         HB 4315, Second Engrossed



  1  cost-effectiveness of juvenile justice programs cannot be

  2  successful unless adequate attention and resources are paid to

  3  educational outcomes of youth in the juvenile justice system.

  4  New and innovative education programs in residential and

  5  nonresidential commitment facilities, in addition to education

  6  programs for juvenile offenders who have not been committed to

  7  the Department of Juvenile Justice and who are under court

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

  9  or implemented.

10         (2)  The Juvenile Justice Advisory Board, created

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

12  study to determine the extent and nature of education programs

13  for juvenile offenders committed by the court to the

14  Department of Juvenile Justice and for juvenile offenders

15  under court supervision in the community.

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

17  analyze existing juvenile justice education policy, statutes,

18  programs, services, and resources and identify new directions

19  for juvenile justice education.

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

21  following issues:

22         1.  The extent and nature of education programs in

23  residential and nonresidential commitment programs for

24  juvenile offenders committed by the court to the Department of

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

26  delivery, and resources.

27         2.  Education curricula and delivery systems most

28  appropriate for youth in the juvenile justice system.

29         3.  The extent and nature of existing education

30  programs for juvenile offenders who are not committed by the

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                                         HB 4315, Second Engrossed



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

  2  some type of community-based supervision.

  3         4.  How educational services for juvenile offenders are

  4  currently funded, and identification of barriers to and

  5  alternative funding methods for ensuring adequate and

  6  effective delivery of educational services for this student

  7  population.

  8         5.  Current statutory provisions for delivering

  9  educational services to juvenile offenders, and determination

10  of whether statutory revisions are needed and what those

11  changes should be.

12         6.  Barriers to the efficient and effective operation

13  of education programs in juvenile justice settings.

14         (4)  The Juvenile Justice Advisory Board shall propose

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

16  regarding education programs and services for juvenile

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

18  educational service delivery; education program criteria and

19  student support and continuity for juvenile offenders

20  returning to public schools; education program evaluation and

21  performance measures; and educational staff development,

22  certification, and training.

23         (5)  The Juvenile Justice Advisory Board shall submit

24  its preliminary findings and recommendations to the Governor,

25  the President of the Senate, the Speaker of the House of

26  Representatives, and the minority leaders of the Senate and

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

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

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

30  Legislature.

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                                         HB 4315, Second Engrossed



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

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

  3  solicit testimony and gather evidence from a broad range of

  4  persons related to juvenile justice education issues.

  5         (7)  The Office of Program Policy Analysis and

  6  Government Accountability shall conduct a performance review

  7  of education programs for youth in residential commitment

  8  facilities.  Facilities selected for review shall consist of

  9  state-operated and contracted residential commitment

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

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

12  addressing issues described in subsection (3).  Specific

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

14  determined through discussions with board staff, Department of

15  Juvenile Justice and the Department of Education staff, and

16  staff from relevant legislative committees.

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

18  the General Revenue Fund to the Juvenile Justice Advisory

19  Board for the purpose of funding the study of education

20  programs for juvenile offenders committed by the court to the

21  Department of Juvenile Justice and for juvenile offenders

22  under court supervision in the community.  The board shall

23  hire personnel necessary to staff the study.  Administrative

24  support services for the study shall be provided by current

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

26  board members and may request other interested persons to

27  participate and act as a juvenile justice education task force

28  for the study.

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

30  230.23, Florida Statutes, is amended to read:

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                                         HB 4315, Second Engrossed



  1         230.23  Powers and duties of school board.--The school

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

  3  perform all duties listed below:

  4         (4)  ESTABLISHMENT, ORGANIZATION, AND OPERATION OF

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

  6  establishment, organization, and operation of the schools of

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

  8         (n)  Alternative education programs for students in

  9  residential care facilities.--Provide educational programs

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

11  in residential care facilities operated by the Department of

12  Children and Family Health and Rehabilitative Services.

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

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

15  Maintenance, repairs, and remodeling of existing facilities

16  shall be provided by the Department of Children and Family

17  Health and Rehabilitative Services.

18         2.  If additional facilities are required, the district

19  school board and the Department of Children and Family Health

20  and Rehabilitative Services shall agree on the appropriate

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

22  the most appropriate site for instruction is on district

23  school board property, a special capital outlay request shall

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

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

26  outlay funds shall be requested by the Department of Children

27  and Family Health and Rehabilitative Services as provided by

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

29  Any instructional facility to be built on state property shall

30  have educational specifications jointly developed by the

31  school district and the Department of Children and Family


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                                         HB 4315, Second Engrossed



  1  Health and Rehabilitative Services and approved by the

  2  Department of Education.  The size of space and occupant

  3  design capacity criteria as provided by state board rules

  4  shall be used for remodeling or new construction whether

  5  facilities are provided on state property or district school

  6  board property. The planning of such additional facilities

  7  shall incorporate current Department of Children and Family

  8  Health and Rehabilitative Services deinstitutionalization

  9  plans.

10         3.  The school board shall have full and complete

11  authority in the matter of the assignment and placement of

12  such students in educational programs. The parent or guardian

13  of exceptional students shall have the due process rights

14  provided for in subparagraph (m)5.

15         4.  The school board shall have a written agreement

16  with the Department of Children and Family Health and

17  Rehabilitative Services outlining the respective duties and

18  responsibilities of each party.

19

20  Notwithstanding the provisions herein, the educational program

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

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

23  Boys at Okeechobee in Okeechobee County shall be operated by

24  the Department of Education, either directly or through grants

25  or contractual agreements with other public or duly accredited

26  educational agencies approved by the Department of Education.

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

28  Statutes, is amended to read:

29         230.2316  Dropout prevention.--

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

31  dropout prevention programs shall be coordinated with social


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                                         HB 4315, Second Engrossed



  1  service, law enforcement, prosecutorial, and juvenile justice

  2  agencies and juvenile assessment centers in the school

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

  4  agencies are authorized to exchange information contained in

  5  student records and juvenile justice records. Such information

  6  is confidential and exempt from the provisions of s.

  7  119.07(1). School districts and other agencies receiving such

  8  information shall use the information only for official

  9  purposes connected with the certification of students for

10  admission to and for the administration of the dropout

11  prevention program, and shall maintain the confidentiality of

12  such information unless otherwise provided by law or rule.

13         Section 4.  Section 230.23161, Florida Statutes, is

14  amended to read:

15         230.23161  Educational services in Department of

16  Juvenile Justice programs.--

17         (1)  The Legislature finds that juvenile assessment

18  centers are an important source of information about youth who

19  are entering the juvenile justice system.  Juvenile assessment

20  centers document the condition of youth entering the system,

21  thereby providing baseline data which is essential to evaluate

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

23  The cooperation and involvement of the local school system,

24  including the commitment of appropriate resources for

25  determining the educational status and special learning

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

27  potential benefits of juvenile assessment centers are to be

28  achieved.

29         (2)(1)  Students participating in a detention,

30  commitment, or rehabilitation program pursuant to chapter 985

31  39 which is sponsored by a community-based agency or is


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                                         HB 4315, Second Engrossed



  1  operated or contracted for by the Department of Juvenile

  2  Justice shall receive educational programs according to rules

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

  4  eligible for services afforded to students enrolled in

  5  programs pursuant to s. 230.2316 and all corresponding State

  6  Board of Education rules.

  7         (3)(2)  The district school board of the county in

  8  which the residential or nonresidential care facility or

  9  juvenile assessment facility is located shall provide

10  appropriate educational assessments and an appropriate program

11  of instruction and special education services.  The district

12  school board shall make provisions for each student to

13  participate in basic, vocational, and exceptional student

14  programs as appropriate.  Each program shall be conducted

15  according to applicable law providing for the operation of

16  public schools and rules of the state board.

17         (4)(3)  A school day for any student serviced in a

18  Department of Juvenile Justice program shall be the same as

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

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

21  School programming in juvenile justice detention, commitment,

22  and rehabilitation programs shall be made available during the

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

24  district.

25         (5)(4)  The educational program shall consist of

26  appropriate basic academic, vocational, or exceptional

27  curricula and related services which support the treatment

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

29  requirements for receipt of a high school diploma or its

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

31


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                                         HB 4315, Second Engrossed



  1  days, the educational component may be limited to tutorial

  2  activities and vocational employability skills.

  3         (6)(5)  Participation in the program by students of

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

  5  shall be mandatory.  All students of noncompulsory

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

  7  diploma or its equivalent shall participate in the educational

  8  program.

  9         (7)(6)  The school district shall make every effort to

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

11  and experienced in educating students in juvenile justice

12  programs. and to provide Students in juvenile justice programs

13  shall be provided with a wide range of educational programs

14  and opportunities including textbooks, technology,

15  instructional support, and other resources available to

16  students in public schools.  Teachers assigned to educational

17  programs in juvenile justice settings in which the school

18  district operates the educational program shall be selected by

19  the school district in consultation with the director of the

20  juvenile justice facility.  Educational programs in juvenile

21  justice facilities shall have access to the substitute teacher

22  pool utilized by the school district.

23         (8)(7)  School districts are authorized and strongly

24  encouraged to A school district may contract with a private

25  provider for the provision of educational programs to youths

26  placed with the Department of Juvenile Justice and shall may

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

28  through the Florida Education Finance Program for such

29  students.

30         (9)(8)  The local school district shall fund the

31  education program in a Department of Juvenile Justice facility


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                                         HB 4315, Second Engrossed



  1  at the same or higher level of funding for equivalent students

  2  in the county school system based on the funds generated by

  3  state funding through the Florida Education Finance Program

  4  for such students.  It is the intent of the Legislature that

  5  the school district maximize its available local, state, and

  6  federal funding to a juvenile justice program.

  7         (10)(9)  Each school district shall negotiate a

  8  cooperative agreement with the Department of Juvenile Justice

  9  on the delivery of educational services to youths under the

10  jurisdiction of the department.  Such agreement must include,

11  but is not limited to:

12         (a)  Roles and responsibilities of each agency,

13  including the roles and responsibilities of contract

14  providers.

15         (b)  Administrative issues including procedures for

16  sharing information.

17         (c)  Allocation of resources including maximization of

18  local, state, and federal funding.

19         (d)  Procedures for educational evaluation for

20  educational exceptionalities and special needs.

21         (e)  Curriculum and delivery of instruction.

22         (f)  Classroom management procedures and attendance

23  policies.

24         (g)  Procedures for provision of qualified

25  instructional personnel, whether supplied by the school

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

27  performance of duties while in a juvenile justice setting.

28         (h)  Provisions for improving skills in teaching and

29  working with juvenile delinquents.

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

31  of juvenile facilities.


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                                         HB 4315, Second Engrossed



  1         (j)  Procedures and timelines for the timely

  2  documentation of credits earned and transfer of student

  3  records.

  4         (k)  Methods and procedures for dispute resolution.

  5         (l)  Provisions for ensuring the safety of education

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

  7         (m)  Strategies for correcting any deficiencies found

  8  through the quality assurance process.

  9         (11)(10)  The cooperative agreement pursuant to

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

11  operating agreement or contract between the school district

12  and the provider for each juvenile justice program in the

13  school district where educational programs are to be provided.

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

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

16  operational agreements or operating contracts rather than in

17  the cooperative agreement if agreed to by the Department of

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

19  agreement shall be construed to require the school board to

20  provide more services than can be supported by the funds

21  generated by students in the juvenile justice programs.

22         (12)(11)  The Department of Education in consultation

23  with the Department of Juvenile Justice shall establish

24  standards and a comprehensive quality assurance review process

25  and schedule for the evaluation of the educational component

26  in juvenile justice programs.

27         (13)(12)  The district school board shall not be

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

29  facilities.  Maintenance, repairs, and remodeling of existing

30  facilities shall be provided by the Department of Juvenile

31  Justice.


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                                         HB 4315, Second Engrossed



  1         (14)(13)  When additional facilities are required, the

  2  district school board and the Department of Juvenile Justice

  3  shall agree on the appropriate site based on the instructional

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

  5  instruction is on district school board property, a special

  6  capital outlay request shall be made by the commissioner in

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

  8  on state property, state capital outlay funds shall be

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

10  216.043 and shall be submitted as specified by s. 216.023.

11  Any instructional facility to be built on state property shall

12  have educational specifications jointly developed by the

13  school district and the Department of Juvenile Justice and

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

15  and occupant design capacity criteria as provided by state

16  board rules shall be used for remodeling or new construction

17  whether facilities are provided on state property or district

18  school board property.

19         (15)(14)  The parent or guardian of exceptional

20  students shall have the due process rights provided for in

21  chapter 232.

22         (16)(15)  Department of Juvenile Justice detention and

23  commitment programs may be designated as second chance schools

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

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

26         (17)(16)  The Department of Education and Department of

27  Juvenile Justice, after consultation with and assistance from

28  local providers and local school districts, shall report

29  annually to the Legislature by December 1 on the progress

30  towards developing effective educational programs for juvenile

31  delinquents including the amount of funding provided by local


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                                         HB 4315, Second Engrossed



  1  school districts to juvenile justice programs, the amount

  2  retained for administration including documenting the purposes

  3  for such expenses, the status of the development of

  4  cooperative agreements, and the results of the quality

  5  assurance reviews including recommendations for system

  6  improvement.

  7         (18)  The educational programs at the Arthur Dozier

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

  9  Boys in Okeechobee shall be operated by the Department of

10  Education, either directly or through grants or contractual

11  agreements with other public or duly accredited education

12  agencies approved by the Department of Education.

13         (19)(17)  The Department of Education shall have the

14  authority to adopt any rules necessary to implement the

15  provisions of this section, including uniform curriculum,

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

17  the minimum amount of paperwork and reporting necessary to

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

19  regarding this section shall be revised.

20         Section 5.  Section 402.22, Florida Statutes, is

21  amended to read:

22         402.22  Education program for students who reside in

23  residential care facilities operated by the Department of

24  Children and Family Health and Rehabilitative Services.--

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

26  of Children and Family Health and Rehabilitative Services has

27  under its residential care students with critical problems of

28  physical impairment, emotional disturbance, social

29  maladjustment, mental impairment, and learning impairment.

30         (b)  The Legislature recognizes the vital role of

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


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                                         HB 4315, Second Engrossed



  1  intent of the Legislature that all such students benefit from

  2  educational services and receive such services.

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

  4  educational services be coordinated with appropriate and

  5  existing diagnostic and evaluative, social, followup, and

  6  other therapeutic services of the Department of Children and

  7  Family Health and Rehabilitative Services so that the effect

  8  of the total rehabilitation process is maximized.

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

10  educational programs for students in residential care

11  facilities are implemented by the district school board,

12  educational personnel in the Department of Children and Family

13  Health and Rehabilitative Services residential care facilities

14  who meet the qualifications for employees of the district

15  school board be employed by the district school board.

16         (2)  District school boards shall establish educational

17  programs for all students ages 5 through 18 under the

18  residential care of the Department of Children and Family

19  Health and Rehabilitative Services and may provide for

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

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

22         (3)  Notwithstanding any provisions of chapters 39,

23  393, 394, and 397 to the contrary, the services of the

24  Department of Children and Family Health and Rehabilitative

25  Services and those of the Department of Education and district

26  school boards shall be mutually supportive and complementary

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

28  school board shall meet the standards prescribed by the State

29  Board of Education and the district school board. Decisions

30  regarding the design and delivery of Department of Children

31  and Family Health and Rehabilitative Services treatment or


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                                         HB 4315, Second Engrossed



  1  habilitative services shall be made by interdisciplinary teams

  2  of professional and paraprofessional staff of which

  3  appropriate district school system administrative and

  4  instructional personnel shall be invited to be participating

  5  members.  The requirements for maintenance of confidentiality

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

  7  applied to information used by such interdisciplinary teams,

  8  and such information shall be exempt from the provisions of

  9  ss. 119.07(1) and 286.011.

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

11  residential care of the Department of Children and Family

12  Health and Rehabilitative Services and who receive an

13  education program shall be calculated as full-time equivalent

14  student membership in the appropriate cost factor as provided

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

16  Department of Children and Family Health and Rehabilitative

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

18  services institutions and, state mental health facilities, and

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

20  students shall receive their education program from the

21  district school system, and funding shall be allocated through

22  the Florida Education Finance Program for the district school

23  system.

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

25  Rehabilitative Services and placed in youth services

26  residential and day programs shall be assigned to the

27  educational alternatives or other basic or special programs,

28  as appropriate.

29         (5)(6)  Instructional and special educational services

30  which are provided to mental health and retardation clients in

31  the Department of Children and Family Health and


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                                         HB 4315, Second Engrossed



  1  Rehabilitative Services residential care facilities by local

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

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

  4  period, unless otherwise stated in rules developed by the

  5  State Board of Education with the concurrence of the

  6  Department of Children and Family Health and Rehabilitative

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

  8         (6)(7)  The State Board of Education and the Department

  9  of Children and Family Health and Rehabilitative Services

10  shall have the authority to promulgate rules which shall

11  assist in the orderly transfer of the instruction of students

12  from Department of Children and Family Health and

13  Rehabilitative Services residential care facilities to the

14  district school system or to the public education agency and

15  which shall assist in implementing the specific intent as

16  stated in this act.

17         (7)(8)  Notwithstanding the provisions of s.

18  230.23(4)(n), the educational program programs at Arthur

19  Dozier School for Boys and the Marianna Sunland Center in

20  Jackson County and the Florida School for Boys in Okeechobee

21  shall be operated by the Department of Education, either

22  directly or through grants or contractual agreements with

23  other public educational agencies.  The annual state

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

25  236.081(1), (2), and (5) and allocated in the amount that

26  would have been provided the local school district in which

27  the residential facility is located.

28         Section 6.  Section 985.317, Florida Statutes, is

29  created to read:

30         985.317  Literacy Programs for Juvenile Offenders.--

31


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                                         HB 4315, Second Engrossed



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

  2  mandatory literacy programs for juvenile offenders committed

  3  by the court and placed in residential commitment programs be

  4  established. Juvenile offenders shall have the opportunity to

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

  6  educational and vocational needs and to assist them in

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

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

  9  ability and needs, and use appropriate instructional

10  technology and qualified educational instructors. The programs

11  shall be offered in each residential commitment program

12  operated by or under contract with the department and shall

13  consist of standardized outcomes so that an offender who is

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

15  her literacy education with minimal disruption.

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

17  Department of Education, in consultation with the Department

18  of Juvenile Justice, shall identify and, contingent upon

19  specific appropriations, implement and administer juvenile

20  offender literacy programs for each residential commitment

21  program operated by or under contract with the department.

22  These programs shall promote the reading and writing skills of

23  juvenile offenders.

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

25  the criteria of this section shall be required to participate

26  in a literacy program.

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

28  admitted to a residential commitment program on or after July

29  1, 1998, shall be required to participate in a literacy

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

31  committed to a residential commitment program before July 1,


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                                         HB 4315, Second Engrossed



  1  1998, may voluntarily participate in a program if the offender

  2  otherwise meets the requirements for eligibility.

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

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

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

  6         (c)  In addition to any other requirements determined

  7  by the department, a literacy program shall:

  8         1.  Provide for the participation of an offender who

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

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

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

12  program.

13         2.  Require an eligible offender to participate in a

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

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

16  is released from the commitment facility.

17         3.  Require counseling for an offender who has not

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

19  after participation in a program. The counseling shall address

20  the benefits of continuing in the program.

21         4.  Include a system of incentives to encourage and

22  reward the performance of an offender in a program.

23         5.  Include a system of disincentives that may include

24  disciplinary action if an offender refuses or intentionally

25  fails to participate in good faith in a program.

26         6.  Provide for reports to be maintained in the

27  offender's records and forwarded to the appropriate

28  educational facility upon the offender's release from the

29  commitment facility.

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

31  to a residential commitment facility, the department or a


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                                         HB 4315, Second Engrossed



  1  provider under contract with the department shall immediately

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

  3  higher reading and writing level. An assessment may be

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

  5  985.209 as a part of the intake process. If the department or

  6  a provider determines that an offender has not achieved a

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

  8  shall participate in a program if the offender meets the

  9  criteria for participation.

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

11  offender is not reasonably expected to benefit from a program

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

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

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

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

16  psychiatrist, or physician.

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

18  Advisory Board shall evaluate the literacy program outcomes as

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

20  985.401. The department, in consultation with the Department

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

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

23  recidivism. The department shall submit an annual report on

24  the implementation and progress of the programs to the

25  President of the Senate and the Speaker of the House of

26  Representatives by January 1 of each year.

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

28  Statutes, is amended to read:

29         985.404  Administering the juvenile justice

30  continuum.--

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                                         HB 4315, Second Engrossed



  1         (10)  The department shall annually collect and report

  2  cost data for every program operated or contracted by the

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

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

  5  be reported and collected for state-operated and contracted

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

  7  department shall ensure that there is accurate cost accounting

  8  for state-operated services including market-equivalent rent

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

10  provided to a residential facility shall be reported and

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

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

13  Speaker of the House of Representatives, the Minority Leader

14  of each house of the Legislature, the appropriate substantive

15  and appropriations committees of each house of the

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

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

18  programs will be developed and implemented in collaboration

19  with and cooperation by the Department of Education, local

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

21  report shall include data collected by the Department of

22  Education for the purposes of preparing the annual report

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

24  whenever possible.

25         Section 8.  As used in this act, the term:

26         (1)  "Detention center or other commitment facility"

27  means a facility used for the intake, supervision, custody,

28  care, or treatment of children who are alleged to be or who

29  have been found to be delinquent. The term includes, but is

30  not limited to, facilities used for the commitment of

31  adjudicated delinquents, facilities used pending court


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                                         HB 4315, Second Engrossed



  1  adjudication or disposition or execution of a court order for

  2  the temporary care of children alleged or found to have

  3  committed a violation of law, detention centers, halfway

  4  houses, shelters, residential sex offender programs, substance

  5  abuse residential programs, boot camps, START Centers,

  6  training schools, and wilderness programs.

  7         (2)  "Orlando Regional Juvenile Detention Center" or

  8  "center" means the property leased by the Board of Trustees of

  9  the Internal Improvement Trust Fund of the State of Florida to

10  the former Department of Health and Rehabilitative Services

11  under lease agreement number 2906 rendered December 10, 1976,

12  which is described in the lease agreement as follows:

13

14         For a Point of Beginning commence at the South

15         1/4 corner of Section 6, township 23 South,

16         Range 30 East; Run thence S 89°39'04" W along

17         the south line of the SW 1/4 of said Section 6

18         a distance of 1055.00 feet; Run thence N

19         00°00'14" E a distance of 300 feet; Run thence

20         N 89°39'04" a distance of 405.00 feet; Run

21         thence N 00°00'14" E a distance of 75.00 feet;

22         Run thence N 89°39'04" E a distance of 300.00

23         feet; Run thence N 00°00'14" E a distance of

24         225.00 feet; Run thence N 89°39'04" E a

25         distance of 350.00 feet to the east line of

26         said SW 1/4; Run thence S 00°00'14" W along

27         said east line a distance of 600.00 feet to the

28         Point of Beginning; LESS the south 30 feet

29         thereof and less the east 30 feet thereof for

30         road right-of-way; All being and lying in

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                                         HB 4315, Second Engrossed



  1         Orange County, Florida, and containing 9.074

  2         acres, more or less.

  3

  4         (3)  "State agency" means any department or

  5  departmental unit, as described in s. 20.04, Florida Statutes,

  6  or any commission, board, authority, agency, or other unit of

  7  state government and specifically includes the Department of

  8  Juvenile Justice, the Department of Corrections, and the

  9  Department of Children and Family Services. The term does not

10  include any county or municipality.

11         Section 9.  (1)  No state agency may expand the

12  existing Orlando Regional Juvenile Detention Center to include

13  property contiguous to the existing center.

14         (2)  No state agency may build a new detention center

15  or other commitment facility on property contiguous to the

16  existing center.

17         (3)  No state agency may use property contiguous to the

18  existing center for the purpose of operating a detention

19  center or other commitment facility.

20         Section 10.  This act shall take effect upon becoming a

21  law.

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