House Bill 1033c1

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    Florida House of Representatives - 1999             CS/HB 1033

        By the Committee on Juvenile Justice and Representatives
    Bainter, Merchant and Patterson





  1                      A bill to be entitled

  2         An act relating to education; amending s.

  3         228.041, F.S.; defining "juvenile justice

  4         provider" and "school year for juvenile justice

  5         programs"; amending s. 228.051, F.S., relating

  6         to the organization and funding of required

  7         public schools; requiring the public schools of

  8         the state to provide instruction for youth in

  9         Department of Juvenile Justice programs;

10         amending s. 228.081, F.S.; requiring the

11         development and adoption of a rule articulating

12         expectations for education programs for youth

13         in Department of Juvenile Justice programs;

14         requiring the development of model contracts

15         for the delivery of educational services to

16         youth in Department of Juvenile Justice

17         programs; requiring the Department of Education

18         to provide training and technical assistance;

19         requiring the development of model procedures

20         for transitioning youth into and out of

21         Department of Juvenile Justice programs;

22         requiring the development of model procedures

23         regarding education records; requiring the

24         Department of Education to provide, or contract

25         for the provision of, quality assurance reviews

26         of all juvenile justice education programs;

27         amending s. 229.57, F.S.; revising provisions

28         relating to the statewide assessment program to

29         include schools operating for the purpose of

30         providing educational services to youth in

31         Department of Juvenile Justice programs;

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  1         requiring the Department of Education to

  2         develop and implement assessment tools to be

  3         used in juvenile justice programs; amending s.

  4         229.58, F.S.; authorizing the establishment of

  5         district advisory councils for juvenile justice

  6         education programs; amending s. 229.592, F.S.;

  7         revising provisions relating to the

  8         implementation of the state system of school

  9         improvement and education accountability to

10         include schools operating for the purpose of

11         providing educational services to youth in

12         Department of Juvenile Justice programs;

13         deleting obsolete language; amending s. 230.23,

14         F.S., relating to powers and duties of the

15         school board; revising provisions relating to

16         school improvement plans and public disclosure

17         to include schools operating for the purpose of

18         providing educational services to youth in

19         Department of Juvenile Justice programs;

20         amending s. 230.2316, F.S., relating to program

21         criteria for dropout prevention programs;

22         requiring common education assessments for all

23         students assigned to residential or

24         nonresidential commitment or detention

25         facilities; amending s. 230.23161, F.S.,

26         relating to educational services in Department

27         of Juvenile Justice programs; providing

28         legislative intent; requiring the Department of

29         Education to serve as the lead agency;

30         requiring the Department of Education and the

31         Department of Juvenile Justice to designate a

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  1         coordinator to ensure department participation

  2         in certain activities; requiring student access

  3         to GED programs; requiring certain funding;

  4         revising provisions relating to compulsory

  5         school attendance; requiring the development of

  6         an academic improvement plan for certain

  7         students; providing requirements regarding

  8         academic records; requiring provisions for the

  9         earning and transfer of credits; providing

10         funding requirements; revising provisions

11         relating to quality assurance standards;

12         requiring the Department of Juvenile Justice

13         site visit and the education quality assurance

14         site visit to take place during the same visit;

15         requiring the establishment of minimum

16         standards; requiring the State Board of

17         Education to adopt rules establishing sanctions

18         for performance below minimum standards;

19         revising requirements regarding an annual

20         report; amending s. 235.194, F.S.; requiring

21         the submission of the district's general

22         educational facilities report to each juvenile

23         justice district manager within the school

24         board's jurisdiction; requiring the inclusion

25         of educational facilities serving youth in

26         Department of Juvenile Justice programs in the

27         educational facilities report; creating s.

28         235.1975, F.S., relating to cooperative

29         development of educational facilities in

30         juvenile justice programs; requiring a review

31         and analysis of existing facilities; requiring

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  1         the development and submission of a plan;

  2         requiring the Department of Juvenile Justice to

  3         provide certain information to school districts

  4         and the Department of Education regarding new

  5         juvenile justice facilities; providing an

  6         appropriation; providing requirements regarding

  7         planning and budgeting; amending s. 237.34,

  8         F.S.; requiring each district to expend at

  9         least 90 percent of the funds generated by

10         juvenile justice programs on the aggregate

11         total school costs for such programs; amending

12         s. 985.401, F.S.; requiring the Juvenile

13         Justice Accountability Board to study the

14         extent and nature of education programs for

15         juvenile offenders; amending s. 985.413, F.S.;

16         revising the duties of district juvenile

17         justice boards; requiring the development and

18         submission of a plan for education programs in

19         detention centers; amending s. 985.404, F.S.,

20         relating to the administration of the juvenile

21         justice continuum; correcting a cross

22         reference; providing an effective date.

23

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

25

26         Section 1.  Subsections (43) and (44) are added to

27  section 228.041, Florida Statutes, 1998 Supplement, to read:

28         228.041  Definitions.--Specific definitions shall be as

29  follows, and wherever such defined words or terms are used in

30  the Florida School Code, they shall be used as follows:

31

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  1         (43)  SCHOOL YEAR FOR JUVENILE JUSTICE PROGRAMS.--For

  2  schools operating for the purpose of providing educational

  3  services to youth in Department of Juvenile Justice programs,

  4  the school year shall be comprised of 260 days of instruction

  5  distributed over 12 months. A district school board may

  6  decrease the minimum number of days of instruction by up to 10

  7  days for teacher planning.

  8         (44)  JUVENILE JUSTICE PROVIDER.--"Juvenile justice

  9  provider" means the Department of Juvenile Justice or a

10  private, public, or other governmental organization under

11  contract with the Department of Juvenile Justice which

12  provides treatment, care and custody, or educational programs

13  for youth in juvenile justice intervention, detention, or

14  commitment programs.

15         Section 2.  Section 228.051, Florida Statutes, is

16  amended to read:

17         228.051  Organization and funding of required public

18  schools.--The public schools of the state shall provide 13

19  consecutive years of instruction, beginning with kindergarten,

20  and shall also provide such instruction for exceptional

21  children and youth in Department of Juvenile Justice programs

22  as may be required by law.  The funds for support and

23  maintenance of such schools shall be derived from state,

24  district, federal, or other lawful sources or combinations of

25  sources and shall include any tuition fees charged

26  nonresidents as provided by law.  Public schools,

27  institutions, and agencies providing this instruction shall

28  constitute the uniform system of free public schools

29  prescribed by Art. IX of the State Constitution.

30         Section 3.  Section 228.081, Florida Statutes, is

31  amended to read:

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  1         228.081  Other public educational services.--

  2         (1)  The general control of other public educational

  3  services shall be vested in the state board except as provided

  4  herein.  The state board shall, at the request of the

  5  Department of Children and Family Services and the Department

  6  of Juvenile Justice, advise as to standards and requirements

  7  relating to education to be met in all state schools or

  8  institutions under their control which provide educational

  9  programs.  The Department of Education shall provide

10  supervisory services for the educational programs of all such

11  schools or institutions.  The direct control of any of these

12  services provided as part of the district program of education

13  shall rest with the school board.  These services shall be

14  supported out of state, district, federal, or other lawful

15  funds, depending on the requirements of the services being

16  supported.

17         (2)  The Department of Education shall recommend and by

18  August 1, 1999, the state board shall adopt an administrative

19  rule articulating expectations for high-quality, effective

20  education programs for youth in Department of Juvenile Justice

21  programs, including, but not limited to, education programs in

22  juvenile justice commitment and detention facilities. The rule

23  shall articulate policies and standards for education programs

24  for youth in Department of Juvenile Justice programs and shall

25  include the following:

26         (a)  The interagency collaborative process needed to

27  ensure effective programs with measurable results.

28         (b)  The responsibilities of the Department of

29  Education, the Department of Juvenile Justice, school

30  districts, and providers of education services to youth in

31  Department of Juvenile Justice programs.

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  1         (c)  Academic expectations.

  2         (d)  Service delivery options available to school

  3  districts, including direct service and contracting.

  4         (e)  Assessment procedures, which:

  5         1.  Include appropriate academic and vocational

  6  assessments administered at program entry and exit which are

  7  selected by the Department of Education in partnership with

  8  representatives from the Department of Juvenile Justice,

  9  school districts, and providers.

10         2.  Require school districts to be responsible for

11  ensuring the completion of the assessment process.

12         3.  Require assessments for students in detention who

13  will move on to commitment facilities, to be designed to

14  create the foundation for developing the student's education

15  program in the assigned commitment facility.

16         4.  Require assessments of students sent directly to

17  commitment facilities to be completed within the first week of

18  the student's commitment.

19

20  The results of these assessments, together with a portfolio

21  depicting the student's academic and vocational

22  accomplishments, shall be included in the discharge package

23  assembled for each youth.

24         (f)  Recommended instructional programs including, but

25  not limited to, vocational training and job preparation.

26         (g)  Funding requirements, which shall include the

27  requirement that at least 90 percent of the FEFP funds

28  generated by students in Department of Juvenile Justice

29  Programs be spent on instructional costs for those students.

30  One hundred percent of the formula-based categorial funds

31  generated by students in Department of Juvenile Justice

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  1  Programs must be spent on appropriate categoricals such as

  2  instructional materials and public school technology for those

  3  students.

  4         (h)  Qualifications of instructional staff and

  5  procedures for the selection of instructional staff.

  6         (i)  Transition services, including the roles and

  7  responsibilities of appropriate personnel in school districts,

  8  provider organizations, and the Department of Juvenile

  9  Justice.

10         (j)  Procedures and timeframe for transfer of education

11  records when a youth enters and leaves a facility.

12         (k)  The requirement that each school district maintain

13  an academic transcript for each student enrolled in a juvenile

14  justice facility which delineates each course completed by the

15  student as provided by the State Course Code Directory.

16         (l)  The requirement that each school district make

17  available and transmit a copy of a student's transcript in the

18  discharge packet when the student exits a facility.

19         (m)  Contract requirements.

20         (n)  Performance expectations for providers and school

21  districts, including the provision of academic improvement

22  plan as required in s. 232.245.

23         (o)  The role and responsibility of the school district

24  in securing workforce development funds.

25         (p)  A series of graduated sanctions for school

26  districts whose educational programs in Department of Juvenile

27  Justice facilities are considered to be unsatisfactory and for

28  instances in which school districts fail to meet standards

29  prescribed by law, rule, or State Board of Education policy.

30  These sanctions shall include the option of requiring a school

31  district to contract with a provider or another school

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  1  district if the educational program at the Department of

  2  Juvenile Justice facility has failed a quality assurance

  3  review and after 6 months, is still performing below minimum

  4  standards.

  5         (q)  Other aspects of program operations.

  6         (3)  By January 1, 2000, the Department of Education in

  7  partnership with the Department of Juvenile Justice, school

  8  districts, and providers shall:

  9         (a)  Develop model contracts for the delivery of

10  appropriate education services to youth in Department of

11  Juvenile Justice programs to be used for the development of

12  future contracts. The model contracts shall reflect the policy

13  and standards included in subsection (2). The Department of

14  Education shall ensure that appropriate school district

15  personnel are trained and held accountable for the management

16  and monitoring of contracts for education programs for youth

17  in juvenile justice residential and nonresidential facilities.

18         (b)  Develop model procedures for transitioning youth

19  into and out of Department of Juvenile Justice programs. These

20  procedures shall reflect the policy and standards adopted

21  pursuant to subsection (2).

22         (c)  Develop standardized required content of education

23  records to be included as part of a youth's commitment record.

24  These requirements shall reflect the policy and standards

25  adopted pursuant to subsection (2) and shall include, but not

26  be limited to, the following:

27         1.  A copy of the student's individualized education

28  plan;

29         2.  Assessment data, including grade level proficiency

30  in reading, writing, and mathematics, and performance on tests

31  taken according to s. 229.57;

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  1         3.  A copy of the student's permanent cumulative

  2  record; and

  3         4.  A copy of the student's academic transcript.

  4         5.  A portfolio reflecting the youth's academic

  5  accomplishments while in the Department of Juvenile Justice

  6  program.

  7         (d)  Develop model procedures for securing the

  8  education record and the roles and responsibilities of the

  9  juvenile probation officer and others involved in the

10  withdrawal of the student from school and assignment to a

11  commitment or detention facility. Effective for the 2000-2001

12  school year and thereafter, school districts shall be required

13  to respond to requests for student education records received

14  from another school district or a juvenile justice facility

15  within 3 working days of receiving the request.

16         (4)  The Department of Education shall ensure that

17  school districts notify students in juvenile justice

18  residential or nonresidential facilities who attain the age of

19  16 years of the provisions of s. 232.01(1)(c) regarding

20  compulsory school attendance and make available the option of

21  enrolling in a program to attain a general education

22  development diploma prior to release from the facility. School

23  districts or community colleges, or both, shall waive GED

24  testing fees for youth in Department of Juvenile Justice

25  residential programs and shall, upon request, designate

26  schools operating for the purpose of providing educational

27  services to youth in Department of Juvenile Justice programs

28  as GED testing centers, subject to GED testing center

29  requirements.

30         (5)  The Department of Education shall establish and

31  operate, either directly or indirectly through a contract, a

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  1  mechanism to provide quality assurance reviews of all juvenile

  2  justice education programs and shall provide technical

  3  assistance and related research to school districts and

  4  providers on how to establish, develop, and operate

  5  educational programs that exceed the minimum quality assurance

  6  standards.

  7         Section 4.  Subsection (3) of section 229.57, Florida

  8  Statutes, 1998 Supplement, is amended to read.

  9         229.57  Student assessment program.--

10         (3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner is

11  directed to design and implement a statewide program of

12  educational assessment that provides information for the

13  improvement of the operation and management of the public

14  schools including schools operating for the purpose of

15  providing educational services to youth in Department of

16  Juvenile Justice programs. The program must be designed, as

17  far as possible, so as not to conflict with ongoing district

18  assessment programs and so as to use information obtained from

19  district programs.  Pursuant to the statewide assessment

20  program, the commissioner shall:

21         (a)  Submit to the state board a list that specifies

22  student skills and competencies to which the goals for

23  education specified in the state plan apply, including, but

24  not limited to, reading, writing, and mathematics.  The skills

25  and competencies must include problem-solving and higher-order

26  skills as appropriate.  The commissioner shall select such

27  skills and competencies after receiving recommendations from

28  educators, citizens, and members of the business community.

29  The commissioner shall submit to the state board revisions to

30  the list of student skills and competencies in order to

31

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  1  maintain continuous progress toward improvements in student

  2  proficiency.

  3         (b)  Develop and implement a uniform system of

  4  indicators to describe the performance of public school

  5  students and the characteristics of the public school

  6  districts and the public schools.  These indicators must

  7  include, without limitation, information gathered by the

  8  comprehensive management information system created pursuant

  9  to s. 229.555 and student achievement information obtained

10  pursuant to this section.

11         (c)  Develop and implement a student achievement

12  testing program as part of the statewide assessment program,

13  to be administered at designated times at the elementary,

14  middle, and high school levels to measure reading, writing,

15  and mathematics.  The testing program must be designed so

16  that:

17         1.  The tests measure student skills and competencies

18  adopted by the state board as specified in paragraph (a).  The

19  tests must measure and report student proficiency levels in

20  reading, writing, and mathematics.  Other content areas may be

21  included as directed by the commissioner.  The commissioner

22  shall provide for the tests to be developed or obtained, as

23  appropriate, through contracts and project agreements with

24  private vendors, public vendors, public agencies,

25  postsecondary institutions, or school districts.  The

26  commissioner shall obtain input with respect to the design and

27  implementation of the testing program from state educators and

28  the public.

29         2.  The tests are criterion-referenced and include, to

30  the extent determined by the commissioner, items that require

31  the student to produce information or perform tasks in such a

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  1  way that the skills and competencies he or she uses can be

  2  measured.

  3         3.  Each testing program, whether at the elementary,

  4  middle, or high school level, includes a test of writing in

  5  which students are required to produce writings which are then

  6  scored by appropriate methods.

  7         4.  A score is designated for each subject area tested,

  8  below which score a student's performance is deemed

  9  inadequate.  The school districts shall provide appropriate

10  remedial instruction to students who score below these levels.

11         5.  All 11th grade students take a high school

12  competency test developed by the state board to test minimum

13  student performance skills and competencies in reading,

14  writing, and mathematics. The test must be based on the skills

15  and competencies adopted by the state board pursuant to

16  paragraph (a). Upon recommendation of the commissioner, the

17  state board shall designate a passing score for each part of

18  the high school competency test. In establishing passing

19  scores, the state board shall consider any possible negative

20  impact of the test on minority students. The commissioner may

21  establish criteria whereby a student who successfully

22  demonstrates proficiency in either reading or mathematics or

23  both may be exempted from taking the corresponding section of

24  the high school competency test or the college placement test.

25  A student must earn a passing score or have been exempted from

26  each part of the high school competency test in order to

27  qualify for a regular high school diploma. The school

28  districts shall provide appropriate remedial instruction to

29  students who do not pass part of the competency test.

30         6.  Participation in the testing program is mandatory

31  for all students, including students served in Department of

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  1  Juvenile Justice programs, except as otherwise prescribed by

  2  the commissioner.  The commissioner shall recommend rules to

  3  the state board for the provision of test adaptations and

  4  modifications of procedures as necessary for students in

  5  exceptional education programs and for students who have

  6  limited English proficiency.

  7         7.  A student seeking an adult high school diploma must

  8  meet the same testing requirements that a regular high school

  9  student must meet.

10         8.  By January 1, 2000, the Department of Education

11  must develop, or select, and implement a common battery of

12  assessment tools which will be used in all juvenile justice

13  programs in the state. These tools must accurately reflect

14  criteria established in the Florida Sunshine State Standards.

15

16  The commissioner may design and implement student testing

17  programs for any grade level and subject area, based on

18  procedures designated by the commissioner to monitor

19  educational achievement in the state.

20         (d)  Obtain or develop a career planning assessment to

21  be administered to students, at their option, in grades 7 and

22  10 to assist them in preparing for further education or

23  entering the workforce.  The statewide student assessment

24  program must include career planning assessment.

25         (e)  Conduct ongoing research to develop improved

26  methods of assessing student performance, including, without

27  limitation, the use of technology to administer tests, the use

28  of electronic transfer of data, the development of

29  work-product assessments, and the development of process

30  assessments.

31

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  1         (f)  Conduct ongoing research and analysis of student

  2  achievement data, including, without limitation, monitoring

  3  trends in student achievement, identifying school programs

  4  that are successful, and analyzing correlates of school

  5  achievement.

  6         (g)  Provide technical assistance to school districts

  7  in the implementation of state and district testing programs

  8  and the use of the data produced pursuant to such programs.

  9         Section 5.  Paragraph (c) is added to subsection (1) of

10  section 229.58, Florida Statutes, 1998 Supplement, to read:

11         229.58  District and school advisory councils.--

12         (1)  ESTABLISHMENT.--

13         (c)  For those schools operating for the purpose of

14  providing educational services to youth in Department of

15  Juvenile Justice programs, school boards may establish a

16  district advisory council with appropriate representatives for

17  the purpose of developing and monitoring a district school

18  improvement plan which encompasses all such schools in the

19  district, pursuant to s. 230.23(16)(a).

20         Section 6.  Subsections (1), (3), and (4) of section

21  229.592, Florida Statutes, 1998 Supplement, are amended to

22  read:

23         229.592  Implementation of state system of school

24  improvement and education accountability.--

25         (1)  DEVELOPMENT.--It is the intent of the Legislature

26  that every public school in the state, including schools

27  operating for the purpose of providing educational services to

28  youth in Department of Juvenile Justice programs, shall have a

29  school improvement plan, as required by s. 230.23(16), fully

30  implemented and operational by the beginning of the 1993-1994

31  school year.  Vocational standards considered pursuant to s.

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  1  239.229 shall be incorporated into the school improvement plan

  2  for each area technical center operated by a school board by

  3  the 1994-1995 school year, and area technical centers shall

  4  prepare school report cards incorporating such standards,

  5  pursuant to s. 230.23(16), for the 1995-1996 school year.  In

  6  order to accomplish this, the Florida Commission on Education

  7  Reform and Accountability and the school districts and schools

  8  shall carry out the duties assigned to them by ss. 229.594 and

  9  230.23(16), respectively.

10         (3)  COMMISSIONER.--The commissioner shall be

11  responsible for implementing and maintaining a system of

12  intensive school improvement and stringent education

13  accountability.

14         (a)  Based on the recommendations of the Florida

15  Commission on Education Reform and Accountability, the

16  commissioner shall develop and implement the following

17  programs and procedures:

18         1.  A system of data collection and analysis that will

19  improve information about the educational success of

20  individual students and schools, including schools operating

21  for the purpose of providing educational services to youth in

22  Department of Juvenile Justice programs. The information and

23  analyses must be capable of identifying educational programs

24  or activities in need of improvement, and reports prepared

25  pursuant to this subparagraph shall be distributed to the

26  appropriate school boards prior to distribution to the general

27  public.  This provision shall not preclude access to public

28  records as provided in chapter 119.

29         2.  A program of school improvement that will analyze

30  information to identify schools, including schools operating

31  for the purpose of providing educational services to youth in

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  1  Department of Juvenile Justice programs, educational programs,

  2  or educational activities in need of improvement.

  3         3.  A method of delivering services to assist school

  4  districts and schools to improve, including schools operating

  5  for the purpose of providing educational services to youth in

  6  Department of Juvenile Justice programs.

  7         4.  A method of coordinating with the state educational

  8  goals and school improvement plans any other state program

  9  that creates incentives for school improvement.

10         (b)  The commissioner shall be held responsible for the

11  implementation and maintenance of the system of school

12  improvement and education accountability outlined in this

13  subsection.  There shall be an annual determination of whether

14  adequate progress is being made toward implementing and

15  maintaining a system of school improvement and education

16  accountability.

17         (c)  The annual feedback report shall be developed by

18  the commission and the Department of Education.

19         (d)  The commissioner and the commission shall review

20  each school board's feedback report and submit its findings to

21  the State Board of Education.  If adequate progress is not

22  being made toward implementing and maintaining a system of

23  school improvement and education accountability, the State

24  Board of Education shall direct the commissioner to prepare

25  and implement a corrective action plan. The commissioner and

26  State Board of Education shall monitor the development and

27  implementation of the corrective action plan.

28         (e)  As co-chair of the Florida Commission on Education

29  Reform and Accountability, the commissioner shall appear

30  before the appropriate committees of the Legislature annually

31  in October to report and recommend changes in state policy

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  1  necessary to foster school improvement and education

  2  accountability.  The report shall reflect the recommendations

  3  of the Florida Commission on Education Reform and

  4  Accountability. Included in the report shall be a list of the

  5  schools, including schools operating for the purpose of

  6  providing educational services to youth in Department of

  7  Juvenile Justice programs, for which school boards have

  8  developed assistance and intervention plans and an analysis of

  9  the various strategies used by the school boards. School

10  reports shall be distributed pursuant to this paragraph and s.

11  230.23(16)(e) according to guidelines adopted by the State

12  Board of Education.

13         (4)  DEPARTMENT.--

14         (a)  The Department of Education shall implement a

15  training program to develop among state and district educators

16  a cadre of facilitators of school improvement.  These

17  facilitators shall assist schools and districts to conduct

18  needs assessments and develop and implement school improvement

19  plans to meet state goals.

20         (b)  Upon request, the department shall provide

21  technical assistance and training to any school, including any

22  school operating for the purpose of providing educational

23  services to youth in Department of Juvenile Justice programs,

24  school advisory council, district, or school board for

25  conducting needs assessments, developing and implementing

26  school improvement plans, developing and implementing

27  assistance and intervention plans, or implementing other

28  components of school improvement and accountability. Priority

29  for these services shall be given to school districts in rural

30  and sparsely populated areas of the state.

31

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  1         (c)  Pursuant to s. 24.121(5)(d), the department shall

  2  not release funds from the Educational Enhancement Trust Fund

  3  to any district in which a school, including schools operating

  4  for the purpose of providing educational services to youth in

  5  Department of Juvenile Justice programs, does not have an

  6  approved school improvement plan, pursuant to s. 230.23(16),

  7  after 1 full school year of planning and development, or does

  8  not comply with school advisory council membership composition

  9  requirements pursuant to s. 229.58(1). The department shall

10  send a technical assistance team to each school without an

11  approved plan to develop such school improvement plan or to

12  each school without appropriate school advisory council

13  membership composition to develop a strategy for corrective

14  action.  The department shall release the funds upon approval

15  of the plan or upon establishment of a plan of corrective

16  action. Notice shall be given to the public of the

17  department's intervention and shall identify each school

18  without a plan or without appropriate school advisory council

19  membership composition.

20         Section 7.  Paragraphs (a) and (e) of subsection (16)

21  of section 230.23, Florida Statutes, 1998 Supplement, are

22  amended to read:

23         230.23  Powers and duties of school board.--The school

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

25  perform all duties listed below:

26         (16)  IMPLEMENT SCHOOL IMPROVEMENT AND

27  ACCOUNTABILITY.--Maintain a system of school improvement and

28  education accountability as provided by statute and State

29  Board of Education rule. This system of school improvement and

30  education accountability shall be consistent with, and

31  implemented through, the district's continuing system of

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  1  planning and budgeting required by this section and ss.

  2  229.555 and 237.041. This system of school improvement and

  3  education accountability shall include, but not be limited to,

  4  the following:

  5         (a)  School improvement plans.--Annually approve and

  6  require implementation of a new, amended, or continuation

  7  school improvement plan for each school in the district,

  8  except that a school board may establish a district school

  9  improvement plan which includes all schools in the district

10  operating for the purpose of providing educational services to

11  youth in Department of Juvenile Justice programs.  Such plan

12  shall be designed to achieve the state education goals and

13  student performance standards pursuant to ss. 229.591(3) and

14  229.592. Beginning in 1999-2000, each plan shall also address

15  issues relative to budget, training, instructional materials,

16  technology, staffing, student support services, and other

17  matters of resource allocation, as determined by school board

18  policy.

19         (e)  Public disclosure.--Provide information regarding

20  performance of students and educational programs as required

21  pursuant to s. 229.555 and implement a system of school

22  reports as required by statute and State Board of Education

23  rule which shall include schools operating for the purpose of

24  providing educational services to youth in Department of

25  Juvenile Justice programs, and for those schools, report on

26  the elements specified in s. 230.23161(21).

27         Section 8.  Paragraph (c) of subsection (3) of section

28  230.2316, Florida Statutes, 1998 Supplement, is amended to

29  read:

30         230.2316  Dropout prevention.--

31         (3)  STUDENT ELIGIBILITY AND PROGRAM CRITERIA.--

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  1         (c)  A student shall be identified as being a potential

  2  dropout based upon one of the following criteria:

  3         1.  The student has shown a lack of motivation in

  4  school through grades which are not commensurate with

  5  documented ability levels or high absenteeism or habitual

  6  truancy as defined in s. 228.041(28).

  7         2.  The student has not been successful in school as

  8  determined by retentions, failing grades, or low achievement

  9  test scores and has needs and interests that cannot be met

10  through traditional programs.

11         3.  The student has been identified as a potential

12  school dropout by student services personnel using district

13  criteria. District criteria that are used as a basis for

14  student referral to an educational alternatives program shall

15  identify specific student performance indicators that the

16  educational alternative program seeks to address.

17         4.  The student has documented drug-related or

18  alcohol-related problems, or has immediate family members with

19  documented drug-related or alcohol-related problems that

20  adversely affect the student's performance in school.

21         5.  The student has a history of disruptive behavior in

22  school or has committed an offense that warrants out-of-school

23  suspension or expulsion from school according to the district

24  code of student conduct. For the purposes of this program,

25  "disruptive behavior" is behavior that:

26         a.  Interferes with the student's own learning or the

27  educational process of others and requires attention and

28  assistance beyond that which the traditional program can

29  provide or results in frequent conflicts of a disruptive

30  nature while the student is under the jurisdiction of the

31  school either in or out of the classroom; or

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  1         b.  Severely threatens the general welfare of students

  2  or others with whom the student comes into contact.

  3         6.  The student is assigned to a program provided

  4  pursuant to chapter 39, chapter 984, or chapter 985 which is

  5  sponsored by a state-based or community-based agency or is

  6  operated or contracted for by the Department of Children and

  7  Family Services or the Department of Juvenile Justice provided

  8  that beginning with the 2000-2001 school year, common

  9  education assessments are required for all students assigned

10  to residential or nonresidential commitment or detention

11  facilities, pursuant to s. 228.081.

12         Section 9.  Section 230.23161, Florida Statutes, 1998

13  Supplement, is amended to read.

14         230.23161  Educational services in Department of

15  Juvenile Justice programs.--

16         (1)  The Legislature finds that education is the single

17  most important factor in the rehabilitation of adjudicated

18  delinquent youth in the custody of the Department of Juvenile

19  Justice in detention or commitment facilities. The Department

20  of Education shall serve as the lead agency for juvenile

21  justice education programs to ensure that curriculum, support

22  services, and resources are provided to maximize the public's

23  investment in the custody and care of these youth. To this

24  end, the Department of Education and the Department of

25  Juvenile Justice shall each designate a Coordinator for

26  Juvenile Justice Education Programs to serve as the point of

27  contact for resolving issues not addressed by local district

28  school boards and to ensure each department's participation in

29  the following activities:

30         (a)  Training, collaborating, and coordinating with the

31  Department of Juvenile Justice, local school districts,

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  1  educational contract providers, and juvenile justice

  2  providers, whether state operated or contracted.

  3         (b)  Collecting information on the academic performance

  4  of students in juvenile justice commitment and detention

  5  programs and reporting on the results.

  6         (c)  Developing protocols that provide guidance to

  7  school districts and providers in all aspects of education

  8  programming, including records transfer and transition.

  9         (2)(1)  The Legislature finds that juvenile assessment

10  centers are an important source of information about youth who

11  are entering the juvenile justice system.  Juvenile assessment

12  centers document the condition of youth entering the system,

13  thereby providing baseline data which is essential to evaluate

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

15  The cooperation and involvement of the local school system,

16  including the commitment of appropriate resources for

17  determining the educational status and special learning

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

19  potential benefits of juvenile assessment centers are to be

20  achieved.

21         (3)(2)  Students participating in a detention,

22  commitment, or rehabilitation program pursuant to chapter 985

23  which is sponsored by a community-based agency or is operated

24  or contracted for by the Department of Juvenile Justice shall

25  receive educational programs according to rules of the State

26  Board of Education. These students shall be eligible for

27  services afforded to students enrolled in programs pursuant to

28  s. 230.2316 and all corresponding State Board of Education

29  rules.

30         (4)(3)  The district school board of the county in

31  which the residential or nonresidential care facility or

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  1  juvenile assessment facility is located shall provide

  2  appropriate educational assessments and an appropriate program

  3  of instruction and special education services.  The district

  4  school board shall make provisions for each student to

  5  participate in basic, vocational, and exceptional student

  6  programs as appropriate. Students served in Department of

  7  Juvenile Justice programs shall have access to the appropriate

  8  courses and instruction to prepare them for the GED test.

  9  Students participating in GED preparation programs shall be

10  funded at the weighted cost factor for Department of Juvenile

11  Justice programs in the Florida Education Finance Program.

12  Each program shall be conducted according to applicable law

13  providing for the operation of public schools and rules of the

14  state board.

15         (5)(4)  A school day for any student serviced in a

16  Department of Juvenile Justice program shall be the same as

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

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

19  School programming in juvenile justice detention, commitment,

20  and rehabilitation programs shall be made available during the

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

22  district.

23         (6)(5)  The educational program shall consist of

24  appropriate basic academic, vocational, or exceptional

25  curricula and related services which support the treatment

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

27  requirements for receipt of a high school diploma or its

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

29  days, the educational component may be limited to tutorial

30  activities and vocational employability skills.

31

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  1         (7)(6)  Participation in the program by students of

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

  3  shall be mandatory.  All students of noncompulsory

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

  5  diploma or its equivalent shall participate in the educational

  6  program, unless the student files a formal declaration of his

  7  or her intent to terminate school enrollment as described in

  8  s. 232.01(1)(c) and is afforded the opportunity to attain a

  9  general education development diploma prior to release from a

10  facility.

11         (8)  An academic improvement plan shall be developed

12  for students who score below the level specified in local

13  school board policy in reading, writing, and mathematics or

14  below the level specified by the Commissioner of Education on

15  statewide assessments as required by s. 232.245. These plans

16  shall address academic, literacy, and life skills and shall

17  include provisions for intensive remedial instruction in the

18  areas of weakness.

19         (9)  Each school district shall maintain an academic

20  record for each student enrolled in a juvenile justice

21  facility as prescribed by s. 228.081. Such record shall

22  delineate each course completed by the student according to

23  procedures in the State Course Code Directory. The school

24  district shall include a copy of a student's academic record

25  in the discharge packet when the student exits the facility.

26         (10)  The Department of Education shall ensure that all

27  school districts make provisions for high school level

28  committed youth to earn credits toward high school graduation

29  while in residential and nonresidential juvenile justice

30  facilities. Provisions must be made for the transfer of

31  credits and partial credits earned.

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  1         (11)(7)  The school district shall recruit and train

  2  teachers who are interested, qualified, or experienced in

  3  educating students in juvenile justice programs. Students in

  4  juvenile justice programs shall be provided a wide range of

  5  educational programs and opportunities including textbooks,

  6  technology, instructional support, and other resources

  7  available to students in public schools.  Teachers assigned to

  8  educational programs in juvenile justice settings in which the

  9  school district operates the educational program shall be

10  selected by the school district in consultation with the

11  director of the juvenile justice facility.  Educational

12  programs in juvenile justice facilities shall have access to

13  the substitute teacher pool utilized by the school district.

14         (12)(8)  School districts are authorized and strongly

15  encouraged to contract with a private provider for the

16  provision of educational programs to youths placed with the

17  Department of Juvenile Justice and shall generate local,

18  state, and federal funding, including funding through the

19  Florida Education Finance Program for such students. The

20  school district's planning and budgeting process shall include

21  the needs of Department of Juvenile Justice programs in the

22  district's plan for expenditures for state categorical and

23  federal funds.

24         (13)(9)  The local school district shall fund the

25  education program in a Department of Juvenile Justice facility

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

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

28  state funding through the Florida Education Finance Program

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

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

31  federal funding to a juvenile justice program.

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  1         (a)  Juvenile justice education programs shall be

  2  funded through the FEFP with a weighted cost factor for

  3  Department of Juvenile Justice programs in accordance with s.

  4  236.081, except that students with disabilities shall be

  5  funded at the higher of the weights for which the student

  6  qualifies. Funding for students in Department of Juvenile

  7  Justice programs beyond the 180 day school year and summer

  8  school shall be specified in the General Appropriations Act.

  9         (b)  Juvenile justice education programs to receive the

10  weighted cost factor for Department of Juvenile Justice

11  programs shall include those operated through a contract with

12  the Department of Juvenile Justice and which are under purview

13  of the Department of Juvenile Justice quality assurance

14  standards for education.

15         (c)  Consistent with the rules of the State Board of

16  Education, local school districts are authorized and required

17  to request an alternative FTE survey for Department of

18  Juvenile Justice programs experiencing fluctuations in student

19  enrollment.

20         (d)  FTE count periods shall be prescribed in rules of

21  the State Board of Education. The summer school period for

22  students in Department of Juvenile Justice programs shall

23  begin on the day immediately following the end of the regular

24  school year and end on the day immediately preceding the

25  subsequent regular school year. Students shall be funded for

26  no more than 25 hours per week of direct instruction. The

27  Department of Education shall develop a method which captures

28  all direct instructional time provided to such students during

29  the summer school period.

30         (14)(10)  Each school district shall negotiate a

31  cooperative agreement with the Department of Juvenile Justice

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  1  on the delivery of educational services to youths under the

  2  jurisdiction of the department. Such agreement must include,

  3  but is not limited to:

  4         (a)  Roles and responsibilities of each agency,

  5  including the roles and responsibilities of contract

  6  providers.

  7         (b)  Administrative issues including procedures for

  8  sharing information.

  9         (c)  Allocation of resources including maximization of

10  local, state, and federal funding.

11         (d)  Procedures for educational evaluation for

12  educational exceptionalities and special needs.

13         (e)  Curriculum and delivery of instruction.

14         (f)  Classroom management procedures and attendance

15  policies.

16         (g)  Procedures for provision of qualified

17  instructional personnel, whether supplied by the school

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

19  performance of duties while in a juvenile justice setting.

20         (h)  Provisions for improving skills in teaching and

21  working with juvenile delinquents.

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

23  of juvenile facilities.

24         (j)  Procedures and timelines for the timely

25  documentation of credits earned and transfer of student

26  records.

27         (k)  Methods and procedures for dispute resolution.

28         (l)  Provisions for ensuring the safety of education

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

30         (m)  Strategies for correcting any deficiencies found

31  through the quality assurance process.

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  1         (15)(11)  The cooperative agreement pursuant to

  2  subsection (14) (10) 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 (14) (10) 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         (16)(a)(12)  The Department of Education in

15  consultation with the Department of Juvenile Justice and

16  providers shall establish objective and measurable quality

17  assurance standards for the educational component of

18  residential and nonresidential juvenile justice facilities.

19  These standards shall rate the school district's performance

20  both as a provider and contractor. The quality assurance

21  rating for the education component shall be disaggregated from

22  the overall quality assurance score and reported separately.

23         (b)  The Department of Education shall develop and a

24  comprehensive quality assurance review process and schedule

25  for the evaluation of the educational component in juvenile

26  justice programs. The Department of Juvenile Justice quality

27  assurance site visit and the education quality assurance site

28  visit shall be conducted during the same visit.

29         (c)  The Department of Education, in consultation with

30  school districts and providers, shall establish minimum

31  thresholds for the standards and key indicators for education

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  1  programs in juvenile justice facilities. If a school district

  2  fails to meet the established minimum standards, the district

  3  will be given 6 months to achieve compliance with the

  4  standards. If after 6 months, the school district's

  5  performance is still below minimum standards, the Department

  6  of Education shall exercise sanctions as prescribed by rules

  7  adopted by the State Board of Education. If a provider, under

  8  contract with the school district, fails to meet minimum

  9  standards, such failure shall cause the school district to

10  cancel the provider's contract unless the provider achieves

11  compliance within 6 months or unless there are documented

12  extenuating circumstances.

13         (17)(13)  The district school board shall not be

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

15  facilities. Maintenance, repairs, and remodeling of existing

16  facilities shall be provided by the Department of Juvenile

17  Justice.

18         (18)(14)  When additional facilities are required, the

19  district school board and the Department of Juvenile Justice

20  shall agree on the appropriate site based on the instructional

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

22  instruction is on district school board property, a special

23  capital outlay request shall be made by the commissioner in

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

25  on state property, state capital outlay funds shall be

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

27  216.043 and shall be submitted as specified by s. 216.023.

28  Any instructional facility to be built on state property shall

29  have educational specifications jointly developed by the

30  school district and the Department of Juvenile Justice and

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

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  1  and occupant design capacity criteria as provided by state

  2  board rules shall be used for remodeling or new construction

  3  whether facilities are provided on state property or district

  4  school board property.

  5         (19)(15)  The parent or guardian of exceptional

  6  students shall have the due process rights provided for in

  7  chapter 232.

  8         (20)(16)  Department of Juvenile Justice detention and

  9  commitment programs may be designated as second chance schools

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

11  shall be governed by chapter 985.

12         (21)(17)  The Department of Education and Department of

13  Juvenile Justice, after consultation with and assistance from

14  local providers and local school districts, shall report

15  annually to the Legislature by February December 1 on the

16  progress towards developing effective educational programs for

17  juvenile delinquents including the amount of funding provided

18  by local school districts to juvenile justice programs, the

19  amount retained for administration including documenting the

20  purposes for such expenses, the status of the development of

21  cooperative agreements, and the results of the quality

22  assurance reviews including recommendations for system

23  improvement, and information on the identification of, and

24  services provided to, exceptional students in juvenile justice

25  commitment facilities to determine whether these students are

26  properly reported for funding and are appropriately served.

27         (22)(18)  The educational programs at the Arthur Dozier

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

29  Boys in Okeechobee shall be operated by the Department of

30  Education, either directly or through grants or contractual

31

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  1  agreements with other public or duly accredited education

  2  agencies approved by the Department of Education.

  3         (23)(19)  The Department of Education shall have the

  4  authority to adopt any rules necessary to implement the

  5  provisions of this section, including uniform curriculum,

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

  7  the minimum amount of paperwork and reporting necessary to

  8  comply with this act.

  9         Section 10.  Subsection (2) of section 235.194, Florida

10  Statutes, is amended to read:

11         235.194  General educational facilities report.--

12         (2)  Beginning October 1, 1995, Each school board shall

13  submit annually on October 1 to each local government and to

14  each juvenile justice district manager within the school

15  board's jurisdiction a general educational facilities report.

16  The general educational facilities report must contain

17  information detailing existing educational facilities and

18  their locations, including those serving youth in Department

19  of Juvenile Justice programs, and projected needs.  The report

20  must also contain the board's capital improvement plan,

21  including planned facilities with funding over the next 3

22  years, and the educational facilities representing the

23  district's unmet need.  The school board shall also provide a

24  copy of its educational plan survey to each local government

25  and juvenile justice district manager at least once every 5

26  years.

27         Section 11.  Section 235.1975, Florida Statutes, is

28  created to read:

29         235.1975  Cooperative Development of Educational

30  Facilities in Juvenile Justice Programs.--

31

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  1         (1)  The Department of Management Services, in

  2  consultation with the Department of Education and the

  3  Department of Juvenile Justice, shall conduct a review and

  4  analysis of existing education facilities in Department of

  5  Juvenile Justice facilities to determine the adequacy of the

  6  facilities for educational use. This information shall be used

  7  to generate a 3-year plan for the provision of adequate space,

  8  equipment, furnishings, and technology, including

  9  retrofitting. The Department of Education shall submit this

10  plan to the Governor, the President the Senate, the Speaker of

11  the House of Representatives, and the Secretary of the

12  Department of Juvenile Justice by November 1, 1999. The plan

13  shall contain sufficient detail for the development of a fixed

14  capital outlay budget request. The amount of $100,000 in

15  nonrecurring general revenue is hereby appropriated to the

16  Department of Education for the purpose of conducting this

17  study.

18         (2)  The Department of Juvenile Justice shall provide

19  early notice to school districts regarding the siting of new

20  juvenile justice facilities. School districts shall include

21  the projected number of students in the districts' annual

22  estimates. School districts should be consulted regarding the

23  types of students expected to be assigned to commitment

24  facilities for education planning and budgeting purposes. The

25  Department of Juvenile Justice shall notify, in writing, the

26  Department of Education when a request for proposals is issued

27  for the construction or operation of a commitment or detention

28  facility anywhere in the state. The Department of Juvenile

29  Justice is also required to notify the district school

30  superintendent within 30 days of the award of a contract for

31

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  1  the construction or operation of a commitment or detention

  2  facility within that school district.

  3         Section 12.  Paragraph (a) of subsection (3) of section

  4  237.34, Florida Statutes, is amended to read.

  5         237.34  Cost accounting and reporting.--

  6         (3)  PROGRAM EXPENDITURE REQUIREMENTS.--

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

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

  9  the aggregate total school costs for such programs:

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

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

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

13         4.  Programs for exceptional students, on an aggregate

14  program basis, 80 percent.

15         5.  Grades 7 through 12 vocational education programs,

16  on an aggregate program basis, 80 percent.

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

18  basis, 80 percent.

19         7.  Juvenile justice programs, on an aggregate program

20  basis, 90 percent.

21         8.7.  Any new program established and funded under s.

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

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

24         Section 13.  Subsection (6) of section 985.401, Florida

25  Statutes, 1998 Supplement, is renumbered as subsection (7),

26  and a new subsection (6) is added to said section to read:

27         985.401  Juvenile Justice Accountability Board.--

28         (6)  The board shall study the extent and nature of

29  education programs for juvenile offenders committed by the

30  court to the Department of Juvenile Justice and for juvenile

31  offenders under court supervision in the community. The board

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  1  shall utilize a subcommittee of interested board members and

  2  may request other interested persons to participate and act as

  3  a juvenile justice education task force for the study. The

  4  task force shall address, at a minimum, the following issues:

  5         (a)  The impact of education services on students in

  6  commitment programs;

  7         (b)  The barriers impeding the timely transfer of

  8  education records;

  9         (c)  The development and implementation of vocational

10  programming in commitment programs;

11         (d)  The implementation of provisions for earning high

12  school credits regardless of varied lengths of stay; and

13         (e)  The accountability of school districts and

14  providers regarding the expenditure of education funds.

15         (7)(6)  Each state agency shall provide assistance when

16  requested by the board.  The board shall have access to all

17  records, files, and reports that are material to its duties

18  and that are in the custody of a school board, a law

19  enforcement agency, a state attorney, a public defender, the

20  court, the Department of Children and Family Services, and the

21  department.

22         Section 14.  Paragraph (d) of subsection (3) of section

23  985.413, Florida Statutes, 1998 Supplement, is amended to

24  read:

25         985.413  District juvenile justice boards.--

26         (3)  DISTRICT JUVENILE JUSTICE BOARDS.--

27         (d)  A district juvenile justice board has the purpose,

28  power, and duty to:

29         1.  Advise the district juvenile justice manager and

30  the district administrator on the need for and the

31  availability of juvenile justice programs and services in the

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  1  district, including the educational services in Department of

  2  Juvenile Justice programs.

  3         2.  Develop a district juvenile justice plan that is

  4  based upon the juvenile justice plans developed by each county

  5  within the district, and that addresses the needs of each

  6  county within the district.

  7         3.  Develop a district interagency cooperation and

  8  information-sharing agreement that supplements county

  9  agreements and expands the scope to include appropriate

10  circuit and district officials and groups.

11         4.  Coordinate the efforts of the district juvenile

12  justice board with the activities of the Governor's Juvenile

13  Justice and Delinquency Prevention Advisory Committee and

14  other public and private entities.

15         5.  Advise and assist the district juvenile justice

16  manager in the provision of optional, innovative delinquency

17  services in the district to meet the unique needs of

18  delinquent children and their families.

19         6.  Develop, in consultation with the district juvenile

20  justice manager, funding sources external to the Department of

21  Juvenile Justice for the provision and maintenance of

22  additional delinquency programs and services. The board may,

23  either independently or in partnership with one or more county

24  juvenile justice councils or other public or private entities,

25  apply for and receive funds, under contract or other funding

26  arrangement, from federal, state, county, city, and other

27  public agencies, and from public and private foundations,

28  agencies, and charities for the purpose of funding optional

29  innovative prevention, diversion, or treatment services in the

30  district for delinquent children and children at risk of

31  delinquency, and their families. To aid in this process, the

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  1  department shall provide fiscal agency services for the

  2  councils.

  3         7.  Educate the community about and assist in the

  4  community juvenile justice partnership grant program

  5  administered by the Department of Juvenile Justice.

  6         8.  Advise the district health and human services

  7  board, the district juvenile justice manager, and the

  8  Secretary of Juvenile Justice regarding the development of the

  9  legislative budget request for juvenile justice programs and

10  services in the district and the commitment region, and, in

11  coordination with the district health and human services

12  board, make recommendations, develop programs, and provide

13  funding for prevention and early intervention programs and

14  services designed to serve children in need of services,

15  families in need of services, and children who are at risk of

16  delinquency within the district or region.

17         9.  Assist the district juvenile justice manager in

18  collecting information and statistical data useful in

19  assessing the need for prevention programs and services within

20  the juvenile justice continuum program in the district.

21         10.  Make recommendations with respect to, and monitor

22  the effectiveness of, the judicial administrative plan for

23  each circuit pursuant to Rule 2.050, Florida Rules of Judicial

24  Administration.

25         11.  Provide periodic reports to the health and human

26  services board in the appropriate district of the Department

27  of Children and Family Services. These reports must contain,

28  at a minimum, data about the clients served by the juvenile

29  justice programs and services in the district, as well as data

30  concerning the unmet needs of juveniles within the district.

31

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  1         12.  Provide a written annual report on the activities

  2  of the board to the district administrator, the Secretary of

  3  Juvenile Justice, and the Juvenile Justice Accountability

  4  Advisory Board. The report should include an assessment of the

  5  effectiveness of juvenile justice continuum programs and

  6  services within the district, recommendations for elimination,

  7  modification, or expansion of existing programs, and

  8  suggestions for new programs or services in the juvenile

  9  justice continuum that would meet identified needs of children

10  and families in the district.

11         Section 15.  The Department of Education shall work in

12  consultation with the Department of Juvenile Justice and the

13  local school districts to develop a plan for education

14  programs in detention centers. The plan shall reflect the

15  unique needs, variability in lengths of stay, and diversity of

16  youth assigned to juvenile justice detention centers. The plan

17  shall anticipate the use of dropout prevention funding and

18  appropriate education funding categories available to juvenile

19  justice facilities and shall provide for appropriate benchmark

20  measures. The plan shall be submitted to the Governor, the

21  Speaker of the House of Representatives, and the President of

22  the Senate prior to January 1, 2000, and shall include

23  appropriate cost estimates.

24         Section 16.  Subsection (10) of section 985.404,

25  Florida Statutes, 1998 Supplement, is amended to read:

26         985.404  Administering the juvenile justice

27  continuum.--

28         (10)  The department shall annually collect and report

29  cost data for every program operated or contracted by the

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

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

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  1  be reported and collected for state-operated and contracted

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

  3  department shall ensure that there is accurate cost accounting

  4  for state-operated services including market-equivalent rent

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

  6  provided to a residential facility shall be reported and

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

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

  9  Speaker of the House of Representatives, the Minority Leader

10  of each house of the Legislature, the appropriate substantive

11  and appropriations committees of each house of the

12  Legislature, and the Governor, no later than December 1 of

13  each year. Cost-benefit analysis for educational programs will

14  be developed and implemented in collaboration with and

15  cooperation by the Department of Education, local providers,

16  and local school districts. Cost data for the report shall

17  include data collected by the Department of Education for the

18  purposes of preparing the annual report required by s.

19  230.23161(21)(17).

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

21  law.

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