House Bill 1033e1

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                                       CS/HB 1033, First Engrossed



  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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                                       CS/HB 1033, First Engrossed



  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. 230.23161, F.S., relating to

21         educational services in Department of Juvenile

22         Justice programs; providing legislative intent;

23         requiring the Department of Education to serve

24         as the lead agency; requiring the Department of

25         Education and the Department of Juvenile

26         Justice to designate a coordinator to ensure

27         department participation in certain activities;

28         requiring student access to GED programs;

29         requiring certain funding; revising provisions

30         relating to compulsory school attendance;

31         requiring the development of an academic


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                                       CS/HB 1033, First Engrossed



  1         improvement plan for certain students;

  2         providing requirements regarding academic

  3         records; requiring provisions for the earning

  4         and transfer of credits; providing funding

  5         requirements; revising provisions relating to

  6         quality assurance standards; requiring the

  7         Department of Juvenile Justice site visit and

  8         the education quality assurance site visit to

  9         take place during the same visit; requiring the

10         establishment of minimum standards; requiring

11         the State Board of Education to adopt rules

12         establishing sanctions for performance below

13         minimum standards; revising requirements

14         regarding an annual report; creating s.

15         235.1975, F.S., relating to cooperative

16         development of educational facilities in

17         juvenile justice programs; requiring a review

18         and analysis of existing facilities; requiring

19         the development and submission of a plan;

20         requiring the Department of Juvenile Justice to

21         provide certain information to school districts

22         and the Department of Education regarding new

23         juvenile justice facilities; providing an

24         appropriation; providing requirements regarding

25         planning and budgeting; amending s. 237.34,

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

27         least 90 percent of the funds generated by

28         juvenile justice programs on the aggregate

29         total school costs for such programs; amending

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

31         Justice Accountability Board to study the


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                                       CS/HB 1033, First Engrossed



  1         extent and nature of education programs for

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

  3         revising the duties of district juvenile

  4         justice boards; requiring the development and

  5         submission of a plan for education programs in

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

  7         relating to the administration of the juvenile

  8         justice continuum; correcting a cross

  9         reference; providing an effective date.

10

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

12

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

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

15         228.041  Definitions.--Specific definitions shall be as

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

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

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

19  schools operating for the purpose of providing educational

20  services to youth in Department of Juvenile Justice programs,

21  the school year shall be comprised of 250 days of instruction

22  distributed over 12 months. A district school board may

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

24  days for teacher planning.

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

26  provider" means the Department of Juvenile Justice or a

27  private, public, or other governmental organization under

28  contract with the Department of Juvenile Justice which

29  provides treatment, care and custody, or educational programs

30  for youth in juvenile justice intervention, detention, or

31  commitment programs.


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                                       CS/HB 1033, First Engrossed



  1         Section 2.  Section 228.051, Florida Statutes, is

  2  amended to read:

  3         228.051  Organization and funding of required public

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

  5  consecutive years of instruction, beginning with kindergarten,

  6  and shall also provide such instruction for exceptional

  7  children and youth in Department of Juvenile Justice programs

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

  9  maintenance of such schools shall be derived from state,

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

11  sources and shall include any tuition fees charged

12  nonresidents as provided by law.  Public schools,

13  institutions, and agencies providing this instruction shall

14  constitute the uniform system of free public schools

15  prescribed by Art. IX of the State Constitution.

16         Section 3.  Section 228.081, Florida Statutes, is

17  amended to read:

18         228.081  Other public educational services.--

19         (1)  The general control of other public educational

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

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

22  Department of Children and Family Services and the Department

23  of Juvenile Justice, advise as to standards and requirements

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

25  institutions under their control which provide educational

26  programs.  The Department of Education shall provide

27  supervisory services for the educational programs of all such

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

29  services provided as part of the district program of education

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

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


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                                       CS/HB 1033, First Engrossed



  1  funds, depending on the requirements of the services being

  2  supported.

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

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

  5  rule articulating expectations for high-quality, effective

  6  education programs for youth in Department of Juvenile Justice

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

  8  juvenile justice commitment and detention facilities. The rule

  9  shall articulate policies and standards for education programs

10  for youth in Department of Juvenile Justice programs and shall

11  include the following:

12         (a)  The interagency collaborative process needed to

13  ensure effective programs with measurable results.

14         (b)  The responsibilities of the Department of

15  Education, the Department of Juvenile Justice, school

16  districts, and providers of education services to youth in

17  Department of Juvenile Justice programs.

18         (c)  Academic expectations.

19         (d)  Service delivery options available to school

20  districts, including direct service and contracting.

21         (e)  Assessment procedures, which:

22         1.  Include appropriate academic and vocational

23  assessments administered at program entry and exit which are

24  selected by the Department of Education in partnership with

25  representatives from the Department of Juvenile Justice,

26  school districts, and providers.

27         2.  Require school districts to be responsible for

28  ensuring the completion of the assessment process.

29         3.  Require assessments for students in detention who

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

31


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                                       CS/HB 1033, First Engrossed



  1  create the foundation for developing the student's education

  2  program in the assigned commitment facility.

  3         4.  Require assessments of students sent directly to

  4  commitment facilities to be completed within the first week of

  5  the student's commitment.

  6

  7  The results of these assessments, together with a portfolio

  8  depicting the student's academic and vocational

  9  accomplishments, shall be included in the discharge package

10  assembled for each youth.

11         (f)  Recommended instructional programs including, but

12  not limited to, vocational training and job preparation.

13         (g)  Funding requirements, which shall include the

14  requirement that at least 80 percent of the FEFP funds

15  generated by students in Department of Juvenile Justice

16  Programs be spent on instructional costs for those students.

17  One hundred percent of the formula-based categorial funds

18  generated by students in Department of Juvenile Justice

19  Programs must be spent on appropriate categoricals such as

20  instructional materials and public school technology for those

21  students.

22         (h)  Qualifications of instructional staff and

23  procedures for the selection of instructional staff.

24         (i)  Transition services, including the roles and

25  responsibilities of appropriate personnel in school districts,

26  provider organizations, and the Department of Juvenile

27  Justice.

28         (j)  Procedures and timeframe for transfer of education

29  records when a youth enters and leaves a facility.

30         (k)  The requirement that each school district maintain

31  an academic transcript for each student enrolled in a juvenile


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                                       CS/HB 1033, First Engrossed



  1  justice facility which delineates each course completed by the

  2  student as provided by the State Course Code Directory.

  3         (l)  The requirement that each school district make

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

  5  discharge packet when the student exits a facility.

  6         (m)  Contract requirements.

  7         (n)  Performance expectations for providers and school

  8  districts, including the provision of academic improvement

  9  plan as required in s. 232.245.

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

11  in securing workforce development funds.

12         (p)  A series of graduated sanctions for school

13  districts whose educational programs in Department of Juvenile

14  Justice facilities are considered to be unsatisfactory and for

15  instances in which school districts fail to meet standards

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

17  These sanctions shall include the option of requiring a school

18  district to contract with a provider or another school

19  district if the educational program at the Department of

20  Juvenile Justice facility has failed a quality assurance

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

22  standards.

23         (q)  Other aspects of program operations.

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

25  partnership with the Department of Juvenile Justice, school

26  districts, and providers shall:

27         (a)  Develop model contracts for the delivery of

28  appropriate education services to youth in Department of

29  Juvenile Justice programs to be used for the development of

30  future contracts. The model contracts shall reflect the policy

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


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                                       CS/HB 1033, First Engrossed



  1  Education shall ensure that appropriate school district

  2  personnel are trained and held accountable for the management

  3  and monitoring of contracts for education programs for youth

  4  in juvenile justice residential and nonresidential facilities.

  5         (b)  Develop model procedures for transitioning youth

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

  7  procedures shall reflect the policy and standards adopted

  8  pursuant to subsection (2).

  9         (c)  Develop standardized required content of education

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

11  These requirements shall reflect the policy and standards

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

13  be limited to, the following:

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

15  plan;

16         2.  Assessment data, including grade level proficiency

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

18  taken according to s. 229.57;

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

20  record; and

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

22         5.  A portfolio reflecting the youth's academic

23  accomplishments while in the Department of Juvenile Justice

24  program.

25         (d)  Develop model procedures for securing the

26  education record and the roles and responsibilities of the

27  juvenile probation officer and others involved in the

28  withdrawal of the student from school and assignment to a

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

30  school year and thereafter, school districts shall be required

31  to respond to requests for student education records received


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                                       CS/HB 1033, First Engrossed



  1  from another school district or a juvenile justice facility

  2  within 5 working days of receiving the request.

  3         (4)  The Department of Education shall ensure that

  4  school districts notify students in juvenile justice

  5  residential or nonresidential facilities who attain the age of

  6  16 years of the provisions of s. 232.01(1)(c) regarding

  7  compulsory school attendance and make available the option of

  8  enrolling in a program to attain a general education

  9  development diploma prior to release from the facility. School

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

11  testing fees for youth in Department of Juvenile Justice

12  residential programs and shall, upon request, designate

13  schools operating for the purpose of providing educational

14  services to youth in Department of Juvenile Justice programs

15  as GED testing centers, subject to GED testing center

16  requirements.

17         (5)  The Department of Education shall establish and

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

19  mechanism to provide quality assurance reviews of all juvenile

20  justice education programs and shall provide technical

21  assistance and related research to school districts and

22  providers on how to establish, develop, and operate

23  educational programs that exceed the minimum quality assurance

24  standards.

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

26  Statutes, 1998 Supplement, is amended to read.

27         229.57  Student assessment program.--

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

29  directed to design and implement a statewide program of

30  educational assessment that provides information for the

31  improvement of the operation and management of the public


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                                       CS/HB 1033, First Engrossed



  1  schools including schools operating for the purpose of

  2  providing educational services to youth in Department of

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

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

  5  assessment programs and so as to use information obtained from

  6  district programs.  Pursuant to the statewide assessment

  7  program, the commissioner shall:

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

  9  student skills and competencies to which the goals for

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

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

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

13  skills as appropriate.  The commissioner shall select such

14  skills and competencies after receiving recommendations from

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

16  The commissioner shall submit to the state board revisions to

17  the list of student skills and competencies in order to

18  maintain continuous progress toward improvements in student

19  proficiency.

20         (b)  Develop and implement a uniform system of

21  indicators to describe the performance of public school

22  students and the characteristics of the public school

23  districts and the public schools.  These indicators must

24  include, without limitation, information gathered by the

25  comprehensive management information system created pursuant

26  to s. 229.555 and student achievement information obtained

27  pursuant to this section.

28         (c)  Develop and implement a student achievement

29  testing program as part of the statewide assessment program,

30  to be administered at designated times at the elementary,

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


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                                       CS/HB 1033, First Engrossed



  1  and mathematics.  The testing program must be designed so

  2  that:

  3         1.  The tests measure student skills and competencies

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

  5  tests must measure and report student proficiency levels in

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

  7  included as directed by the commissioner.  The commissioner

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

  9  appropriate, through contracts and project agreements with

10  private vendors, public vendors, public agencies,

11  postsecondary institutions, or school districts.  The

12  commissioner shall obtain input with respect to the design and

13  implementation of the testing program from state educators and

14  the public.

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

16  the extent determined by the commissioner, items that require

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

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

19  measured.

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

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

22  which students are required to produce writings which are then

23  scored by appropriate methods.

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

25  below which score a student's performance is deemed

26  inadequate.  The school districts shall provide appropriate

27  remedial instruction to students who score below these levels.

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

29  competency test developed by the state board to test minimum

30  student performance skills and competencies in reading,

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


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                                       CS/HB 1033, First Engrossed



  1  and competencies adopted by the state board pursuant to

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

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

  4  the high school competency test. In establishing passing

  5  scores, the state board shall consider any possible negative

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

  7  establish criteria whereby a student who successfully

  8  demonstrates proficiency in either reading or mathematics or

  9  both may be exempted from taking the corresponding section of

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

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

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

13  qualify for a regular high school diploma. The school

14  districts shall provide appropriate remedial instruction to

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

16         6.  Participation in the testing program is mandatory

17  for all students, including students served in Department of

18  Juvenile Justice programs, except as otherwise prescribed by

19  the commissioner.  The commissioner shall recommend rules to

20  the state board for the provision of test adaptations and

21  modifications of procedures as necessary for students in

22  exceptional education programs and for students who have

23  limited English proficiency.

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

25  meet the same testing requirements that a regular high school

26  student must meet.

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

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

29  assessment tools which will be used in all juvenile justice

30  programs in the state. These tools must accurately reflect

31  criteria established in the Florida Sunshine State Standards.


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                                       CS/HB 1033, First Engrossed



  1

  2  The commissioner may design and implement student testing

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

  4  procedures designated by the commissioner to monitor

  5  educational achievement in the state.

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

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

  8  10 to assist them in preparing for further education or

  9  entering the workforce.  The statewide student assessment

10  program must include career planning assessment.

11         (e)  Conduct ongoing research to develop improved

12  methods of assessing student performance, including, without

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

14  of electronic transfer of data, the development of

15  work-product assessments, and the development of process

16  assessments.

17         (f)  Conduct ongoing research and analysis of student

18  achievement data, including, without limitation, monitoring

19  trends in student achievement, identifying school programs

20  that are successful, and analyzing correlates of school

21  achievement.

22         (g)  Provide technical assistance to school districts

23  in the implementation of state and district testing programs

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

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

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

27         229.58  District and school advisory councils.--

28         (1)  ESTABLISHMENT.--

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

30  providing educational services to youth in Department of

31  Juvenile Justice programs, school boards may establish a


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                                       CS/HB 1033, First Engrossed



  1  district advisory council with appropriate representatives for

  2  the purpose of developing and monitoring a district school

  3  improvement plan which encompasses all such schools in the

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

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

  6  229.592, Florida Statutes, 1998 Supplement, are amended to

  7  read:

  8         229.592  Implementation of state system of school

  9  improvement and education accountability.--

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

11  that every public school in the state, including schools

12  operating for the purpose of providing educational services to

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

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

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

16  school year.  Vocational standards considered pursuant to s.

17  239.229 shall be incorporated into the school improvement plan

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

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

20  prepare school report cards incorporating such standards,

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

22  order to accomplish this, the Florida Commission on Education

23  Reform and Accountability and the school districts and schools

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

25  230.23(16), respectively.

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

27  responsible for implementing and maintaining a system of

28  intensive school improvement and stringent education

29  accountability.

30         (a)  Based on the recommendations of the Florida

31  Commission on Education Reform and Accountability, the


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                                       CS/HB 1033, First Engrossed



  1  commissioner shall develop and implement the following

  2  programs and procedures:

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

  4  improve information about the educational success of

  5  individual students and schools, including schools operating

  6  for the purpose of providing educational services to youth in

  7  Department of Juvenile Justice programs. The information and

  8  analyses must be capable of identifying educational programs

  9  or activities in need of improvement, and reports prepared

10  pursuant to this subparagraph shall be distributed to the

11  appropriate school boards prior to distribution to the general

12  public.  This provision shall not preclude access to public

13  records as provided in chapter 119.

14         2.  A program of school improvement that will analyze

15  information to identify schools, including schools operating

16  for the purpose of providing educational services to youth in

17  Department of Juvenile Justice programs, educational programs,

18  or educational activities in need of improvement.

19         3.  A method of delivering services to assist school

20  districts and schools to improve, including schools operating

21  for the purpose of providing educational services to youth in

22  Department of Juvenile Justice programs.

23         4.  A method of coordinating with the state educational

24  goals and school improvement plans any other state program

25  that creates incentives for school improvement.

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

27  implementation and maintenance of the system of school

28  improvement and education accountability outlined in this

29  subsection.  There shall be an annual determination of whether

30  adequate progress is being made toward implementing and

31


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                                       CS/HB 1033, First Engrossed



  1  maintaining a system of school improvement and education

  2  accountability.

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

  4  the commission and the Department of Education.

  5         (d)  The commissioner and the commission shall review

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

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

  8  being made toward implementing and maintaining a system of

  9  school improvement and education accountability, the State

10  Board of Education shall direct the commissioner to prepare

11  and implement a corrective action plan. The commissioner and

12  State Board of Education shall monitor the development and

13  implementation of the corrective action plan.

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

15  Reform and Accountability, the commissioner shall appear

16  before the appropriate committees of the Legislature annually

17  in October to report and recommend changes in state policy

18  necessary to foster school improvement and education

19  accountability.  The report shall reflect the recommendations

20  of the Florida Commission on Education Reform and

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

22  schools, including schools operating for the purpose of

23  providing educational services to youth in Department of

24  Juvenile Justice programs, for which school boards have

25  developed assistance and intervention plans and an analysis of

26  the various strategies used by the school boards. School

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

28  230.23(16)(e) according to guidelines adopted by the State

29  Board of Education.

30         (4)  DEPARTMENT.--

31


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                                       CS/HB 1033, First Engrossed



  1         (a)  The Department of Education shall implement a

  2  training program to develop among state and district educators

  3  a cadre of facilitators of school improvement.  These

  4  facilitators shall assist schools and districts to conduct

  5  needs assessments and develop and implement school improvement

  6  plans to meet state goals.

  7         (b)  Upon request, the department shall provide

  8  technical assistance and training to any school, including any

  9  school operating for the purpose of providing educational

10  services to youth in Department of Juvenile Justice programs,

11  school advisory council, district, or school board for

12  conducting needs assessments, developing and implementing

13  school improvement plans, developing and implementing

14  assistance and intervention plans, or implementing other

15  components of school improvement and accountability. Priority

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

17  and sparsely populated areas of the state.

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

19  not release funds from the Educational Enhancement Trust Fund

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

21  for the purpose of providing educational services to youth in

22  Department of Juvenile Justice programs, does not have an

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

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

25  not comply with school advisory council membership composition

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

27  send a technical assistance team to each school without an

28  approved plan to develop such school improvement plan or to

29  each school without appropriate school advisory council

30  membership composition to develop a strategy for corrective

31  action.  The department shall release the funds upon approval


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                                       CS/HB 1033, First Engrossed



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

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

  3  department's intervention and shall identify each school

  4  without a plan or without appropriate school advisory council

  5  membership composition.

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

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

  8  amended to read:

  9         230.23  Powers and duties of school board.--The school

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

11  perform all duties listed below:

12         (16)  IMPLEMENT SCHOOL IMPROVEMENT AND

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

14  education accountability as provided by statute and State

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

16  education accountability shall be consistent with, and

17  implemented through, the district's continuing system of

18  planning and budgeting required by this section and ss.

19  229.555 and 237.041. This system of school improvement and

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

21  the following:

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

23  require implementation of a new, amended, or continuation

24  school improvement plan for each school in the district,

25  except that a school board may establish a district school

26  improvement plan which includes all schools in the district

27  operating for the purpose of providing educational services to

28  youth in Department of Juvenile Justice programs.  Such plan

29  shall be designed to achieve the state education goals and

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

31  229.592. Beginning in 1999-2000, each plan shall also address


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                                       CS/HB 1033, First Engrossed



  1  issues relative to budget, training, instructional materials,

  2  technology, staffing, student support services, and other

  3  matters of resource allocation, as determined by school board

  4  policy.

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

  6  performance of students and educational programs as required

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

  8  reports as required by statute and State Board of Education

  9  rule which shall include schools operating for the purpose of

10  providing educational services to youth in Department of

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

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

13         Section 8.  Section 230.23161, Florida Statutes, 1998

14  Supplement, is amended to read.

15         230.23161  Educational services in Department of

16  Juvenile Justice programs.--

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

18  most important factor in the rehabilitation of adjudicated

19  delinquent youth in the custody of the Department of Juvenile

20  Justice in detention or commitment facilities. The Department

21  of Education shall serve as the lead agency for juvenile

22  justice education programs to ensure that curriculum, support

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

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

25  end, the Department of Education and the Department of

26  Juvenile Justice shall each designate a Coordinator for

27  Juvenile Justice Education Programs to serve as the point of

28  contact for resolving issues not addressed by local district

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

30  the following activities:

31


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                                       CS/HB 1033, First Engrossed



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

  2  Department of Juvenile Justice, local school districts,

  3  educational contract providers, and juvenile justice

  4  providers, whether state operated or contracted.

  5         (b)  Collecting information on the academic performance

  6  of students in juvenile justice commitment and detention

  7  programs and reporting on the results.

  8         (c)  Developing protocols that provide guidance to

  9  school districts and providers in all aspects of education

10  programming, including records transfer and transition.

11         (d)  Prescribing the roles of program personnel.

12         (2)(1)  The Legislature finds that juvenile assessment

13  centers are an important source of information about youth who

14  are entering the juvenile justice system.  Juvenile assessment

15  centers document the condition of youth entering the system,

16  thereby providing baseline data which is essential to evaluate

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

18  The cooperation and involvement of the local school system,

19  including the commitment of appropriate resources for

20  determining the educational status and special learning

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

22  potential benefits of juvenile assessment centers are to be

23  achieved.

24         (3)(2)  Students participating in a detention,

25  commitment, or rehabilitation program pursuant to chapter 985

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

27  or contracted for by the Department of Juvenile Justice shall

28  receive educational programs according to rules of the State

29  Board of Education. These students shall be eligible for

30  services afforded to students enrolled in programs pursuant to

31


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                                       CS/HB 1033, First Engrossed



  1  s. 230.2316 and all corresponding State Board of Education

  2  rules.

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

  4  which the residential or nonresidential care facility or

  5  juvenile assessment facility is located shall provide

  6  appropriate educational assessments and an appropriate program

  7  of instruction and special education services.  The district

  8  school board shall make provisions for each student to

  9  participate in basic, vocational, and exceptional student

10  programs as appropriate. Students served in Department of

11  Juvenile Justice programs shall have access to the appropriate

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

13  Students participating in GED preparation programs shall be

14  funded at the basic program cost factor for Department of

15  Juvenile Justice programs in the Florida Education Finance

16  Program. Each program shall be conducted according to

17  applicable law providing for the operation of public schools

18  and rules of the state board.

19         (5)(4)  A school day for any student serviced in a

20  Department of Juvenile Justice program shall be the same as

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

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

23  School programming in juvenile justice detention, commitment,

24  and rehabilitation programs shall be made available during the

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

26  district.

27         (6)(5)  The educational program shall consist of

28  appropriate basic academic, vocational, or exceptional

29  curricula and related services which support the treatment

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

31  requirements for receipt of a high school diploma or its


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                                       CS/HB 1033, First Engrossed



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

  2  days, the educational component may be limited to tutorial

  3  activities and vocational employability skills.

  4         (7)(6)  Participation in the program by students of

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

  6  shall be mandatory.  All students of noncompulsory

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

  8  diploma or its equivalent shall participate in the educational

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

10  or her intent to terminate school enrollment as described in

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

12  general education development diploma prior to release from a

13  facility.

14         (8)  An academic improvement plan shall be developed

15  for students who score below the level specified in local

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

17  below the level specified by the Commissioner of Education on

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

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

20  include provisions for intensive remedial instruction in the

21  areas of weakness.

22         (9)  Each school district shall maintain an academic

23  record for each student enrolled in a juvenile justice

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

25  delineate each course completed by the student according to

26  procedures in the State Course Code Directory. The school

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

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

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

30  school districts make provisions for high school level

31  committed youth to earn credits toward high school graduation


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                                       CS/HB 1033, First Engrossed



  1  while in residential and nonresidential juvenile justice

  2  facilities. Provisions must be made for the transfer of

  3  credits and partial credits earned.

  4         (11)(7)  The school district shall recruit and train

  5  teachers who are interested, qualified, or experienced in

  6  educating students in juvenile justice programs. Students in

  7  juvenile justice programs shall be provided a wide range of

  8  educational programs and opportunities including textbooks,

  9  technology, instructional support, and other resources

10  available to students in public schools.  Teachers assigned to

11  educational programs in juvenile justice settings in which the

12  school district operates the educational program shall be

13  selected by the school district in consultation with the

14  director of the juvenile justice facility.  Educational

15  programs in juvenile justice facilities shall have access to

16  the substitute teacher pool utilized by the school district.

17         (12)(8)  School districts are authorized and strongly

18  encouraged to contract with a private provider for the

19  provision of educational programs to youths placed with the

20  Department of Juvenile Justice and shall generate local,

21  state, and federal funding, including funding through the

22  Florida Education Finance Program for such students. The

23  school district's planning and budgeting process shall include

24  the needs of Department of Juvenile Justice programs in the

25  district's plan for expenditures for state categorical and

26  federal funds.

27         (13)(9)  The local school district shall fund the

28  education program in a Department of Juvenile Justice facility

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

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

31  state funding through the Florida Education Finance Program


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                                       CS/HB 1033, First Engrossed



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

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

  3  federal funding to a juvenile justice program.

  4         (a)  Juvenile justice education programs shall be

  5  funded in the appropriate FEFP program based on the

  6  educational services needed by the student for Department of

  7  Juvenile Justice programs in accordance with s. 236.081.

  8         (b)  Juvenile justice education programs to receive the

  9  appropriate FEFP program funding for Department of Juvenile

10  Justice programs shall include those operated through a

11  contract with the Department of Juvenile Justice and which are

12  under purview of the Department of Juvenile Justice quality

13  assurance standards for education.

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

15  Education, local school districts are authorized and required

16  to request an alternative FTE survey for Department of

17  Juvenile Justice programs experiencing fluctuations in student

18  enrollment.

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

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

21  students in Department of Juvenile Justice programs shall

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

23  school year and end on the day immediately preceding the

24  subsequent regular school year. Students shall be funded for

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

26  Department of Education shall develop a method which captures

27  all direct instructional time provided to such students during

28  the summer school period.

29         (14)(10)  Each school district shall negotiate a

30  cooperative agreement with the Department of Juvenile Justice

31  on the delivery of educational services to youths under the


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                                       CS/HB 1033, First Engrossed



  1  jurisdiction of the department. Such agreement must include,

  2  but is not limited to:

  3         (a)  Roles and responsibilities of each agency,

  4  including the roles and responsibilities of contract

  5  providers.

  6         (b)  Administrative issues including procedures for

  7  sharing information.

  8         (c)  Allocation of resources including maximization of

  9  local, state, and federal funding.

10         (d)  Procedures for educational evaluation for

11  educational exceptionalities and special needs.

12         (e)  Curriculum and delivery of instruction.

13         (f)  Classroom management procedures and attendance

14  policies.

15         (g)  Procedures for provision of qualified

16  instructional personnel, whether supplied by the school

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

18  performance of duties while in a juvenile justice setting.

19         (h)  Provisions for improving skills in teaching and

20  working with juvenile delinquents.

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

22  of juvenile facilities.

23         (j)  Procedures and timelines for the timely

24  documentation of credits earned and transfer of student

25  records.

26         (k)  Methods and procedures for dispute resolution.

27         (l)  Provisions for ensuring the safety of education

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

29         (m)  Strategies for correcting any deficiencies found

30  through the quality assurance process.

31


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                                       CS/HB 1033, First Engrossed



  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, school

16  districts and providers shall establish objective and

17  measurable quality assurance standards for the educational

18  component of residential and nonresidential juvenile justice

19  facilities. These standards shall rate the school district's

20  performance both as a provider and contractor. The quality

21  assurance rating for the education component shall be

22  disaggregated from the overall quality assurance score and

23  reported separately.

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

25  comprehensive quality assurance review process and schedule

26  for the evaluation of the educational component in juvenile

27  justice programs. The Department of Juvenile Justice quality

28  assurance site visit and the education quality assurance site

29  visit shall be conducted during the same visit.

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

31  school districts and providers, shall establish minimum


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                                       CS/HB 1033, First Engrossed



  1  thresholds for the standards and key indicators for education

  2  programs in juvenile justice facilities. If a school district

  3  fails to meet the established minimum standards, the district

  4  will be given 6 months to achieve compliance with the

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

  6  performance is still below minimum standards, the Department

  7  of Education shall exercise sanctions as prescribed by rules

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

  9  contract with the school district, fails to meet minimum

10  standards, such failure shall cause the school district to

11  cancel the provider's contract unless the provider achieves

12  compliance within 6 months or unless there are documented

13  extenuating circumstances.

14         (17)(13)  The district school board shall not be

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

16  facilities. Maintenance, repairs, and remodeling of existing

17  facilities shall be provided by the Department of Juvenile

18  Justice.

19         (18)(14)  When additional facilities are required, the

20  district school board and the Department of Juvenile Justice

21  shall agree on the appropriate site based on the instructional

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

23  instruction is on district school board property, a special

24  capital outlay request shall be made by the commissioner in

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

26  on state property, state capital outlay funds shall be

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

28  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 Juvenile Justice and


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                                       CS/HB 1033, First Engrossed



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

  2  and occupant design capacity criteria as provided by state

  3  board rules shall be used for remodeling or new construction

  4  whether facilities are provided on state property or district

  5  school board property.

  6         (19)(15)  The parent or guardian of exceptional

  7  students shall have the due process rights provided for in

  8  chapter 232.

  9         (20)(16)  Department of Juvenile Justice detention and

10  commitment programs may be designated as second chance schools

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

12  shall be governed by chapter 985.

13         (21)(17)  The Department of Education and Department of

14  Juvenile Justice, after consultation with and assistance from

15  local providers and local school districts, shall report

16  annually to the Legislature by February December 1 on the

17  progress towards developing effective educational programs for

18  juvenile delinquents including the amount of funding provided

19  by local school districts to juvenile justice programs, the

20  amount retained for administration including documenting the

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

22  cooperative agreements, and the results of the quality

23  assurance reviews including recommendations for system

24  improvement, and information on the identification of, and

25  services provided to, exceptional students in juvenile justice

26  commitment facilities to determine whether these students are

27  properly reported for funding and are appropriately served.

28         (22)(18)  The educational programs at the Arthur Dozier

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

30  Boys in Okeechobee shall be operated by the Department of

31  Education, either directly or through grants or contractual


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                                       CS/HB 1033, First Engrossed



  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 9.  Section 235.1975, Florida Statutes, is

10  created to read:

11         235.1975  Cooperative Development of Educational

12  Facilities in Juvenile Justice Programs.--

13         (1)  The Department of Management Services, in

14  consultation with the Department of Education and the

15  Department of Juvenile Justice, shall conduct a review and

16  analysis of existing education facilities in Department of

17  Juvenile Justice facilities to determine the adequacy of the

18  facilities for educational use. This information shall be used

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

20  equipment, furnishings, and technology for improving the

21  learner's educational outcomes.  The Department of Education

22  shall submit this plan to the Governor, the President of the

23  Senate, the Speaker of the House of Representatives, and the

24  Secretary of the Department of Juvenile Justice by November 1,

25  1999.  The plan shall contain sufficient detail for the

26  development of a fixed capital outlay budget request which

27  will ensure that student achievement will be enhanced.

28         (2)  The Department of Juvenile Justice shall provide

29  early notice to school districts regarding the siting of new

30  juvenile justice facilities. School districts shall include

31  the projected number of students in the districts' annual


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                                       CS/HB 1033, First Engrossed



  1  estimates. School districts should be consulted regarding the

  2  types of students expected to be assigned to commitment

  3  facilities for education planning and budgeting purposes. The

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

  5  Department of Education when a request for proposals is issued

  6  for the construction or operation of a commitment or detention

  7  facility anywhere in the state. The Department of Juvenile

  8  Justice shall notify, in writing, the appropriate school

  9  district when a request for proposals is issued for the

10  construction or operation of a commitment or detention

11  facility when a county or site is specifically identified. The

12  Department of Juvenile Justice is also required to notify the

13  district school superintendent within 30 days of the award of

14  a contract for the construction or operation of a commitment

15  or detention facility within that school district.

16         Section 10.  Paragraph (a) of subsection (3) of section

17  237.34, Florida Statutes, is amended to read.

18         237.34  Cost accounting and reporting.--

19         (3)  PROGRAM EXPENDITURE REQUIREMENTS.--

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

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

22  the aggregate total school costs for such programs:

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

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

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

26         4.  Programs for exceptional students, on an aggregate

27  program basis, 80 percent.

28         5.  Grades 7 through 12 vocational education programs,

29  on an aggregate program basis, 80 percent.

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

31  basis, 80 percent.


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                                       CS/HB 1033, First Engrossed



  1         7.  Juvenile justice programs, on an aggregate program

  2  basis, 80 percent.

  3         8.7.  Any new program established and funded under s.

  4  236.081(1)(c), that is not included under subparagraphs 1.

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

  6         Section 11.  Subsection (6) of section 985.401, Florida

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

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

  9         985.401  Juvenile Justice Accountability Board.--

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

11  education programs for juvenile offenders committed by the

12  court to the Department of Juvenile Justice and for juvenile

13  offenders under court supervision in the community. The board

14  shall utilize a subcommittee of interested board members and

15  may request other interested persons to participate and act as

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

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

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

19  commitment programs;

20         (b)  The barriers impeding the timely transfer of

21  education records;

22         (c)  The development and implementation of vocational

23  programming in commitment programs;

24         (d)  The implementation of provisions for earning high

25  school credits regardless of varied lengths of stay; and

26         (e)  The accountability of school districts and

27  providers regarding the expenditure of education funds.

28         (7)(6)  Each state agency shall provide assistance when

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

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

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


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                                       CS/HB 1033, First Engrossed



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

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

  3  department.

  4         Section 12.  Paragraph (d) of subsection (3) of section

  5  985.413, Florida Statutes, 1998 Supplement, is amended to

  6  read:

  7         985.413  District juvenile justice boards.--

  8         (3)  DISTRICT JUVENILE JUSTICE BOARDS.--

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

10  power, and duty to:

11         1.  Advise the district juvenile justice manager and

12  the district administrator on the need for and the

13  availability of juvenile justice programs and services in the

14  district, including the educational services in Department of

15  Juvenile Justice programs.

16         2.  Develop a district juvenile justice plan that is

17  based upon the juvenile justice plans developed by each county

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

19  county within the district.

20         3.  Develop a district interagency cooperation and

21  information-sharing agreement that supplements county

22  agreements and expands the scope to include appropriate

23  circuit and district officials and groups.

24         4.  Coordinate the efforts of the district juvenile

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

26  Justice and Delinquency Prevention Advisory Committee and

27  other public and private entities.

28         5.  Advise and assist the district juvenile justice

29  manager in the provision of optional, innovative delinquency

30  services in the district to meet the unique needs of

31  delinquent children and their families.


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                                       CS/HB 1033, First Engrossed



  1         6.  Develop, in consultation with the district juvenile

  2  justice manager, funding sources external to the Department of

  3  Juvenile Justice for the provision and maintenance of

  4  additional delinquency programs and services. The board may,

  5  either independently or in partnership with one or more county

  6  juvenile justice councils or other public or private entities,

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

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

  9  public agencies, and from public and private foundations,

10  agencies, and charities for the purpose of funding optional

11  innovative prevention, diversion, or treatment services in the

12  district for delinquent children and children at risk of

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

14  department shall provide fiscal agency services for the

15  councils.

16         7.  Educate the community about and assist in the

17  community juvenile justice partnership grant program

18  administered by the Department of Juvenile Justice.

19         8.  Advise the district health and human services

20  board, the district juvenile justice manager, and the

21  Secretary of Juvenile Justice regarding the development of the

22  legislative budget request for juvenile justice programs and

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

24  coordination with the district health and human services

25  board, make recommendations, develop programs, and provide

26  funding for prevention and early intervention programs and

27  services designed to serve children in need of services,

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

29  delinquency within the district or region.

30         9.  Assist the district juvenile justice manager in

31  collecting information and statistical data useful in


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                                       CS/HB 1033, First Engrossed



  1  assessing the need for prevention programs and services within

  2  the juvenile justice continuum program in the district.

  3         10.  Make recommendations with respect to, and monitor

  4  the effectiveness of, the judicial administrative plan for

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

  6  Administration.

  7         11.  Provide periodic reports to the health and human

  8  services board in the appropriate district of the Department

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

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

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

12  concerning the unmet needs of juveniles within the district.

13         12.  Provide a written annual report on the activities

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

15  Juvenile Justice, and the Juvenile Justice Accountability

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

17  effectiveness of juvenile justice continuum programs and

18  services within the district, recommendations for elimination,

19  modification, or expansion of existing programs, and

20  suggestions for new programs or services in the juvenile

21  justice continuum that would meet identified needs of children

22  and families in the district.

23         Section 13.  The Department of Education shall work in

24  consultation with the Department of Juvenile Justice and the

25  local school districts to develop a plan for educational

26  programs in detention centers.  The plan shall reflect the

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

28  youth assigned to juvenile justice detention centers, and

29  instructional strategies to improve student achievement.  The

30  plan shall anticipate the use of all state and local funding

31  categories available to ensure the success of students who are


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                                       CS/HB 1033, First Engrossed



  1  being educated in juvenile justice facilities.  The plan shall

  2  provide for appropriate performance outcome measures.  The

  3  plan shall be submitted to the Governor, the Speaker of the

  4  House of Representatives, and the President of the Senate

  5  prior to January 1, 2000, and shall include appropriate cost

  6  estimates.

  7         Section 14.  Subsection (10) of section 985.404,

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

  9         985.404  Administering the juvenile justice

10  continuum.--

11         (10)  The department shall annually collect and report

12  cost data for every program operated or contracted by the

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

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

15  be reported and collected for state-operated and contracted

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

17  department shall ensure that there is accurate cost accounting

18  for state-operated services including market-equivalent rent

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

20  provided to a residential facility shall be reported and

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

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

23  Speaker of the House of Representatives, the Minority Leader

24  of each house of the Legislature, the appropriate substantive

25  and appropriations committees of each house of the

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

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

28  be developed and implemented in collaboration with and

29  cooperation by the Department of Education, local providers,

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

31  include data collected by the Department of Education for the


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                                       CS/HB 1033, First Engrossed



  1  purposes of preparing the annual report required by s.

  2  230.23161(21)(17).

  3         Section 15.  This act shall take effect upon becoming a

  4  law.

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