Senate Bill 1290c1

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    Florida Senate - 1999                           CS for SB 1290

    By the Committee on Education and Senator Horne





    304-2017-99

  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. 230.23161, 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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  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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  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

  9         cross-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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  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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  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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  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 90 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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  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, including

24  clarification on how the GED is to be delivered to students in

25  juvenile justice progams.

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

27  partnership with the Department of Juvenile Justice, school

28  districts, and providers shall:

29         (a)  Develop model contracts for the delivery of

30  appropriate education services to youth in Department of

31  Juvenile Justice programs to be used for the development of

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  1  future contracts. The model contracts shall reflect the policy

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

  3  Education shall ensure that appropriate school district

  4  personnel are trained and held accountable for the management

  5  and monitoring of contracts for education programs for youth

  6  in juvenile justice residential and nonresidential facilities.

  7         (b)  Develop model procedures for transitioning youth

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

  9  procedures shall reflect the policy and standards adopted

10  pursuant to subsection (2).

11         (c)  Develop standardized required content of education

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

13  These requirements shall reflect the policy and standards

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

15  be limited to, the following:

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

17  plan;

18         2.  Assessment data, including grade level proficiency

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

20  taken according to s. 229.57;

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

22  record;

23         4.  A copy of the student's academic transcript; and

24         5.  A portfolio reflecting the youth's academic

25  accomplishments while in the Department of Juvenile Justice

26  program.

27         (d)  Develop model procedures for securing the

28  education record and the roles and responsibilities of the

29  juvenile probation officer and others involved in the

30  withdrawal of the student from school and assignment to a

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

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  1  school year and thereafter, school districts shall be required

  2  to respond to requests for student education records received

  3  from another school district or a juvenile justice facility

  4  within 5 working days of receiving the request.

  5         (4)  The Department of Education shall ensure that

  6  school districts notify students in juvenile justice

  7  residential or nonresidential facilities who attain the age of

  8  16 years of the provisions of s. 232.01(1)(c) regarding

  9  compulsory school attendance and make available the option of

10  enrolling in a program to attain a general education

11  development diploma prior to release from the facility. School

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

13  testing fees for youth in Department of Juvenile Justice

14  residential programs and shall, upon request, designate

15  schools operating for the purpose of providing educational

16  services to youth in Department of Juvenile Justice programs

17  as GED testing centers, subject to GED testing center

18  requirements.

19         (5)  The Department of Education shall establish and

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

21  mechanism to provide quality assurance reviews of all juvenile

22  justice education programs and shall provide technical

23  assistance and related research to school districts and

24  providers on how to establish, develop, and operate

25  educational programs that exceed the minimum quality assurance

26  standards.

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

28  Statutes, 1998 Supplement, is amended to read:

29         229.57  Student assessment program.--

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

31  directed to design and implement a statewide program of

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  1  educational assessment that provides information for the

  2  improvement of the operation and management of the public

  3  schools including schools operating for the purpose of

  4  providing educational services to youth in Department of

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

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

  7  assessment programs and so as to use information obtained from

  8  district programs.  Pursuant to the statewide assessment

  9  program, the commissioner shall:

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

11  student skills and competencies to which the goals for

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

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

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

15  skills as appropriate.  The commissioner shall select such

16  skills and competencies after receiving recommendations from

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

18  The commissioner shall submit to the state board revisions to

19  the list of student skills and competencies in order to

20  maintain continuous progress toward improvements in student

21  proficiency.

22         (b)  Develop and implement a uniform system of

23  indicators to describe the performance of public school

24  students and the characteristics of the public school

25  districts and the public schools.  These indicators must

26  include, without limitation, information gathered by the

27  comprehensive management information system created pursuant

28  to s. 229.555 and student achievement information obtained

29  pursuant to this section.

30         (c)  Develop and implement a student achievement

31  testing program as part of the statewide assessment program,

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  1  to be administered at designated times at the elementary,

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

  3  and mathematics.  The testing program must be designed so

  4  that:

  5         1.  The tests measure student skills and competencies

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

  7  tests must measure and report student proficiency levels in

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

  9  included as directed by the commissioner.  The commissioner

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

11  appropriate, through contracts and project agreements with

12  private vendors, public vendors, public agencies,

13  postsecondary institutions, or school districts.  The

14  commissioner shall obtain input with respect to the design and

15  implementation of the testing program from state educators and

16  the public.

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

18  the extent determined by the commissioner, items that require

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

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

21  measured.

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

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

24  which students are required to produce writings which are then

25  scored by appropriate methods.

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

27  below which score a student's performance is deemed

28  inadequate.  The school districts shall provide appropriate

29  remedial instruction to students who score below these levels.

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

31  competency test developed by the state board to test minimum

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  1  student performance skills and competencies in reading,

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

  3  and competencies adopted by the state board pursuant to

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

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

  6  the high school competency test. In establishing passing

  7  scores, the state board shall consider any possible negative

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

  9  establish criteria whereby a student who successfully

10  demonstrates proficiency in either reading or mathematics or

11  both may be exempted from taking the corresponding section of

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

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

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

15  qualify for a regular high school diploma. The school

16  districts shall provide appropriate remedial instruction to

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

18         6.  Participation in the testing program is mandatory

19  for all students, including students served in Department of

20  Juvenile Justice programs, except as otherwise prescribed by

21  the commissioner.  The commissioner shall recommend rules to

22  the state board for the provision of test adaptations and

23  modifications of procedures as necessary for students in

24  exceptional education programs and for students who have

25  limited English proficiency.

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

27  meet the same testing requirements that a regular high school

28  student must meet.

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

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

31  assessment tools which will be used in all juvenile justice

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  1  programs in the state. These tools must accurately reflect

  2  criteria established in the Florida Sunshine State Standards.

  3

  4  The commissioner may design and implement student testing

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

  6  procedures designated by the commissioner to monitor

  7  educational achievement in the state.

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

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

10  10 to assist them in preparing for further education or

11  entering the workforce.  The statewide student assessment

12  program must include career planning assessment.

13         (e)  Conduct ongoing research to develop improved

14  methods of assessing student performance, including, without

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

16  of electronic transfer of data, the development of

17  work-product assessments, and the development of process

18  assessments.

19         (f)  Conduct ongoing research and analysis of student

20  achievement data, including, without limitation, monitoring

21  trends in student achievement, identifying school programs

22  that are successful, and analyzing correlates of school

23  achievement.

24         (g)  Provide technical assistance to school districts

25  in the implementation of state and district testing programs

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

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

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

29         229.58  District and school advisory councils.--

30         (1)  ESTABLISHMENT.--

31

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

  2  providing educational services to youth in Department of

  3  Juvenile Justice programs, school boards may establish a

  4  district advisory council with appropriate representatives for

  5  the purpose of developing and monitoring a district school

  6  improvement plan which encompasses all such schools in the

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

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

  9  229.592, Florida Statutes, 1998 Supplement, are amended to

10  read:

11         229.592  Implementation of state system of school

12  improvement and education accountability.--

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

14  that every public school in the state, including schools

15  operating for the purpose of providing educational services to

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

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

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

19  school year.  Vocational standards considered pursuant to s.

20  239.229 shall be incorporated into the school improvement plan

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

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

23  prepare school report cards incorporating such standards,

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

25  order to accomplish this, the Florida Commission on Education

26  Reform and Accountability and the school districts and schools

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

28  230.23(16), respectively.

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

30  responsible for implementing and maintaining a system of

31

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  1  intensive school improvement and stringent education

  2  accountability.

  3         (a)  Based on the recommendations of the Florida

  4  Commission on Education Reform and Accountability, the

  5  commissioner shall develop and implement the following

  6  programs and procedures:

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

  8  improve information about the educational success of

  9  individual students and schools, including schools operating

10  for the purpose of providing educational services to youth in

11  Department of Juvenile Justice programs. The information and

12  analyses must be capable of identifying educational programs

13  or activities in need of improvement, and reports prepared

14  pursuant to this subparagraph shall be distributed to the

15  appropriate school boards prior to distribution to the general

16  public.  This provision shall not preclude access to public

17  records as provided in chapter 119.

18         2.  A program of school improvement that will analyze

19  information to identify schools, including schools operating

20  for the purpose of providing educational services to youth in

21  Department of Juvenile Justice programs, educational programs,

22  or educational activities in need of improvement.

23         3.  A method of delivering services to assist school

24  districts and schools to improve, including schools operating

25  for the purpose of providing educational services to youth in

26  Department of Juvenile Justice programs.

27         4.  A method of coordinating with the state educational

28  goals and school improvement plans any other state program

29  that creates incentives for school improvement.

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

31  implementation and maintenance of the system of school

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  1  improvement and education accountability outlined in this

  2  subsection.  There shall be an annual determination of whether

  3  adequate progress is being made toward implementing and

  4  maintaining a system of school improvement and education

  5  accountability.

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

  7  the commission and the Department of Education.

  8         (d)  The commissioner and the commission shall review

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

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

11  being made toward implementing and maintaining a system of

12  school improvement and education accountability, the State

13  Board of Education shall direct the commissioner to prepare

14  and implement a corrective action plan. The commissioner and

15  State Board of Education shall monitor the development and

16  implementation of the corrective action plan.

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

18  Reform and Accountability, the commissioner shall appear

19  before the appropriate committees of the Legislature annually

20  in October to report and recommend changes in state policy

21  necessary to foster school improvement and education

22  accountability.  The report shall reflect the recommendations

23  of the Florida Commission on Education Reform and

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

25  schools, including schools operating for the purpose of

26  providing educational services to youth in Department of

27  Juvenile Justice programs, for which school boards have

28  developed assistance and intervention plans and an analysis of

29  the various strategies used by the school boards. School

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

31

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  1  230.23(16)(e) according to guidelines adopted by the State

  2  Board of Education.

  3         (4)  DEPARTMENT.--

  4         (a)  The Department of Education shall implement a

  5  training program to develop among state and district educators

  6  a cadre of facilitators of school improvement.  These

  7  facilitators shall assist schools and districts to conduct

  8  needs assessments and develop and implement school improvement

  9  plans to meet state goals.

10         (b)  Upon request, the department shall provide

11  technical assistance and training to any school, including any

12  school operating for the purpose of providing educational

13  services to youth in Department of Juvenile Justice programs,

14  school advisory council, district, or school board for

15  conducting needs assessments, developing and implementing

16  school improvement plans, developing and implementing

17  assistance and intervention plans, or implementing other

18  components of school improvement and accountability. Priority

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

20  and sparsely populated areas of the state.

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

22  not release funds from the Educational Enhancement Trust Fund

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

24  for the purpose of providing educational services to youth in

25  Department of Juvenile Justice programs, does not have an

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

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

28  not comply with school advisory council membership composition

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

30  send a technical assistance team to each school without an

31  approved plan to develop such school improvement plan or to

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  1  each school without appropriate school advisory council

  2  membership composition to develop a strategy for corrective

  3  action.  The department shall release the funds upon approval

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

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

  6  department's intervention and shall identify each school

  7  without a plan or without appropriate school advisory council

  8  membership composition.

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

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

11  amended to read:

12         230.23  Powers and duties of school board.--The school

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

14  perform all duties listed below:

15         (16)  IMPLEMENT SCHOOL IMPROVEMENT AND

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

17  education accountability as provided by statute and State

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

19  education accountability shall be consistent with, and

20  implemented through, the district's continuing system of

21  planning and budgeting required by this section and ss.

22  229.555 and 237.041. This system of school improvement and

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

24  the following:

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

26  require implementation of a new, amended, or continuation

27  school improvement plan for each school in the district,

28  except that a school board may establish a district school

29  improvement plan which includes all schools in the district

30  operating for the purpose of providing educational services to

31  youth in Department of Juvenile Justice programs.  Such plan

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  1  shall be designed to achieve the state education goals and

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

  3  229.592. Beginning in 1999-2000, each plan shall also address

  4  issues relative to budget, training, instructional materials,

  5  technology, staffing, student support services, and other

  6  matters of resource allocation, as determined by school board

  7  policy.

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

  9  performance of students and educational programs as required

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

11  reports as required by statute and State Board of Education

12  rule which shall include schools operating for the purpose of

13  providing educational services to youth in Department of

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

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

16         Section 8.  Section 230.23161, Florida Statutes, 1998

17  Supplement, is amended to read:

18         230.23161  Educational services in Department of

19  Juvenile Justice programs.--

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

21  most important factor in the rehabilitation of adjudicated

22  delinquent youth in the custody of the Department of Juvenile

23  Justice in detention or commitment facilities. The Department

24  of Education shall serve as the lead agency for juvenile

25  justice education programs to ensure that curriculum, support

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

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

28  end, the Department of Education and the Department of

29  Juvenile Justice shall each designate a Coordinator for

30  Juvenile Justice Education Programs to serve as the point of

31  contact for resolving issues not addressed by local district

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

  2  the following activities:

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

  4  Department of Juvenile Justice, local school districts,

  5  educational contract providers, and juvenile justice

  6  providers, whether state operated or contracted.

  7         (b)  Collecting information on the academic performance

  8  of students in juvenile justice commitment and detention

  9  programs and reporting on the results.

10         (c)  Developing protocols that provide guidance to

11  school districts and providers in all aspects of education

12  programming, including records transfer and transition.

13         (d)  Prescribing the roles of program personnel.

14         (2)(1)  The Legislature finds that juvenile assessment

15  centers are an important source of information about youth who

16  are entering the juvenile justice system.  Juvenile assessment

17  centers document the condition of youth entering the system,

18  thereby providing baseline data which is essential to evaluate

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

20  The cooperation and involvement of the local school system,

21  including the commitment of appropriate resources for

22  determining the educational status and special learning

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

24  potential benefits of juvenile assessment centers are to be

25  achieved.

26         (3)(2)  Students participating in a detention,

27  commitment, or rehabilitation program pursuant to chapter 985

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

29  or contracted for by the Department of Juvenile Justice shall

30  receive educational programs according to rules of the State

31  Board of Education. These students shall be eligible for

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  1  services afforded to students enrolled in programs pursuant to

  2  s. 230.2316 and all corresponding State Board of Education

  3  rules.

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

  5  which the residential or nonresidential care facility or

  6  juvenile assessment facility is located shall provide

  7  appropriate educational assessments and an appropriate program

  8  of instruction and special education services.  The district

  9  school board shall make provisions for each student to

10  participate in basic, vocational, and exceptional student

11  programs as appropriate. Appropriate students served in

12  Department of Juvenile Justice programs shall have access to

13  instruction to prepare them for the GED test. Students

14  participating in GED preparation programs shall be funded at

15  the weighted cost factor for Department of Juvenile Justice

16  programs in the Florida Education Finance Program. Each

17  program shall be conducted according to applicable law

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

19  state board.

20         (5)(4)  A school day for any student serviced in a

21  Department of Juvenile Justice program shall be the same as

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

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

24  School programming in juvenile justice detention, commitment,

25  and rehabilitation programs shall be made available during the

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

27  district.

28         (6)(5)  The educational program shall consist of

29  appropriate basic academic, vocational, or exceptional

30  curricula and related services which support the treatment

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

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  1  requirements for receipt of a high school diploma or its

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

  3  days, the educational component may be limited to tutorial

  4  activities and vocational employability skills.

  5         (7)(6)  Participation in the program by students of

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

  7  shall be mandatory.  All students of noncompulsory

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

  9  diploma or its equivalent shall participate in the educational

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

11  or her intent to terminate school enrollment as described in

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

13  general education development diploma prior to release from a

14  facility.

15         (8)  An academic improvement plan shall be developed

16  for students who score below the level specified in local

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

18  below the level specified by the Commissioner of Education on

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

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

21  include provisions for intensive remedial instruction in the

22  areas of weakness.

23         (9)  Each school district shall maintain an academic

24  record for each student enrolled in a juvenile justice

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

26  delineate each course completed by the student according to

27  procedures in the State Course Code Directory. The school

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

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

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

31  school districts make provisions for high school level

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  1  committed youth to earn credits toward high school graduation

  2  while in residential and nonresidential juvenile justice

  3  facilities. Provisions must be made for the transfer of

  4  credits and partial credits earned.

  5         (11)(7)  The school district shall recruit and train

  6  teachers who are interested, qualified, or experienced in

  7  educating students in juvenile justice programs. Students in

  8  juvenile justice programs shall be provided a wide range of

  9  educational programs and opportunities including textbooks,

10  technology, instructional support, and other resources

11  available to students in public schools.  Teachers assigned to

12  educational programs in juvenile justice settings in which the

13  school district operates the educational program shall be

14  selected by the school district in consultation with the

15  director of the juvenile justice facility.  Educational

16  programs in juvenile justice facilities shall have access to

17  the substitute teacher pool utilized by the school district.

18         (12)(8)  School districts are authorized and strongly

19  encouraged to contract with a private provider for the

20  provision of educational programs to youths placed with the

21  Department of Juvenile Justice and shall generate local,

22  state, and federal funding, including funding through the

23  Florida Education Finance Program for such students. The

24  school district's planning and budgeting process shall include

25  the needs of Department of Juvenile Justice programs in the

26  district's plan for expenditures for state categorical and

27  federal funds.

28         (13)(9)  The local school district shall fund the

29  education program in a Department of Juvenile Justice facility

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

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

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  1  state funding through the Florida Education Finance Program

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

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

  4  federal funding to a juvenile justice program.

  5         (a)  Juvenile justice education programs shall be

  6  funded through the FEFP with a weighted cost factor for

  7  Department of Juvenile Justice programs in accordance with s.

  8  236.081, except that students with disabilities shall be

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

10  qualifies. Funding for students in Department of Juvenile

11  Justice programs beyond the 180 day school year and summer

12  school shall be specified in the General Appropriations Act.

13         (b)  Juvenile justice education programs to receive the

14  weighted cost factor for Department of Juvenile Justice

15  programs shall include those operated through a contract with

16  the Department of Juvenile Justice and which are under purview

17  of the Department of Juvenile Justice quality assurance

18  standards for education.

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

20  Education, local school districts are authorized and required

21  to request an alternative FTE survey for Department of

22  Juvenile Justice programs experiencing fluctuations in student

23  enrollment.

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

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

26  students in Department of Juvenile Justice programs shall

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

28  school year and end on the day immediately preceding the

29  subsequent regular school year. Students shall be funded for

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

31  Department of Education shall develop a method which captures

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  1  all direct instructional time provided to such students during

  2  the summer school period.

  3         (14)(10)  Each school district shall negotiate a

  4  cooperative agreement with the Department of Juvenile Justice

  5  on the delivery of educational services to youths under the

  6  jurisdiction of the department. Such agreement must include,

  7  but is not limited to:

  8         (a)  Roles and responsibilities of each agency,

  9  including the roles and responsibilities of contract

10  providers.

11         (b)  Administrative issues including procedures for

12  sharing information.

13         (c)  Allocation of resources including maximization of

14  local, state, and federal funding.

15         (d)  Procedures for educational evaluation for

16  educational exceptionalities and special needs.

17         (e)  Curriculum and delivery of instruction.

18         (f)  Classroom management procedures and attendance

19  policies.

20         (g)  Procedures for provision of qualified

21  instructional personnel, whether supplied by the school

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

23  performance of duties while in a juvenile justice setting.

24         (h)  Provisions for improving skills in teaching and

25  working with juvenile delinquents.

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

27  of juvenile facilities.

28         (j)  Procedures and timelines for the timely

29  documentation of credits earned and transfer of student

30  records.

31         (k)  Methods and procedures for dispute resolution.

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  1         (l)  Provisions for ensuring the safety of education

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

  3         (m)  Strategies for correcting any deficiencies found

  4  through the quality assurance process.

  5         (15)(11)  The cooperative agreement pursuant to

  6  subsection (14) (10) does not preclude the development of an

  7  operating agreement or contract between the school district

  8  and the provider for each juvenile justice program in the

  9  school district where educational programs are to be provided.

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

11  pursuant to subsection (14) (10) may be defined in the

12  operational agreements or operating contracts rather than in

13  the cooperative agreement if agreed to by the Department of

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

15  agreement shall be construed to require the school board to

16  provide more services than can be supported by the funds

17  generated by students in the juvenile justice programs.

18         (16)(a)(12)  The Department of Education in

19  consultation with the Department of Juvenile Justice, school

20  districts, and providers shall establish objective and

21  measurable quality assurance standards for the educational

22  component of residential and nonresidential juvenile justice

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

24  performance both as a provider and contractor. The quality

25  assurance rating for the education component shall be

26  disaggregated from the overall quality assurance score and

27  reported separately.

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

29  comprehensive quality assurance review process and schedule

30  for the evaluation of the educational component in juvenile

31  justice programs. The Department of Juvenile Justice quality

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  1  assurance site visit and the education quality assurance site

  2  visit shall be conducted during the same visit.

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

  4  school districts and providers, shall establish minimum

  5  thresholds for the standards and key indicators for education

  6  programs in juvenile justice facilities. If a school district

  7  fails to meet the established minimum standards, the district

  8  will be given 6 months to achieve compliance with the

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

10  performance is still below minimum standards, the Department

11  of Education shall exercise sanctions as prescribed by rules

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

13  contract with the school district, fails to meet minimum

14  standards, such failure shall cause the school district to

15  cancel the provider's contract unless the provider achieves

16  compliance within 6 months or unless there are documented

17  extenuating circumstances.

18         (17)(13)  The district school board shall not be

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

20  facilities. Maintenance, repairs, and remodeling of existing

21  facilities shall be provided by the Department of Juvenile

22  Justice.

23         (18)(14)  When additional facilities are required, the

24  district school board and the Department of Juvenile Justice

25  shall agree on the appropriate site based on the instructional

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

27  instruction is on district school board property, a special

28  capital outlay request shall be made by the commissioner in

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

30  on state property, state capital outlay funds shall be

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

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  1  216.043 and shall be submitted as specified by s. 216.023.

  2  Any instructional facility to be built on state property shall

  3  have educational specifications jointly developed by the

  4  school district and the Department of Juvenile Justice and

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

  6  and occupant design capacity criteria as provided by state

  7  board rules shall be used for remodeling or new construction

  8  whether facilities are provided on state property or district

  9  school board property.

10         (19)(15)  The parent or guardian of exceptional

11  students shall have the due process rights provided for in

12  chapter 232.

13         (20)(16)  Department of Juvenile Justice detention and

14  commitment programs may be designated as second chance schools

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

16  shall be governed by chapter 985.

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

18  Juvenile Justice, after consultation with and assistance from

19  local providers and local school districts, shall report

20  annually to the Legislature by February December 1 on the

21  progress towards developing effective educational programs for

22  juvenile delinquents including the amount of funding provided

23  by local school districts to juvenile justice programs, the

24  amount retained for administration including documenting the

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

26  cooperative agreements, and the results of the quality

27  assurance reviews including recommendations for system

28  improvement, and information on the identification of, and

29  services provided to, exceptional students in juvenile justice

30  commitment facilities to determine whether these students are

31  properly reported for funding and are appropriately served.

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  1         (22)(18)  The educational programs at the Arthur Dozier

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

  3  Boys in Okeechobee shall be operated by the Department of

  4  Education, either directly or through grants or contractual

  5  agreements with other public or duly accredited education

  6  agencies approved by the Department of Education.

  7         (23)(19)  The Department of Education shall have the

  8  authority to adopt any rules necessary to implement the

  9  provisions of this section, including uniform curriculum,

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

11  the minimum amount of paperwork and reporting necessary to

12  comply with this act.

13         Section 9.  Section 235.1975, Florida Statutes, is

14  created to read:

15         235.1975  Cooperative Development of Educational

16  Facilities in Juvenile Justice Programs.--

17         (1)  The Department of Management Services, in

18  consultation with the Department of Education and the

19  Department of Juvenile Justice, shall conduct a review and

20  analysis of existing education facilities in Department of

21  Juvenile Justice facilities to determine the adequacy of the

22  facilities for educational use. This information shall be used

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

24  equipment, furnishings, and technology, including

25  retrofitting. The Department of Education shall submit this

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

27  the House of Representatives, and the Secretary of the

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

29  shall contain sufficient detail for the development of a fixed

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

31  nonrecurring general revenue is hereby appropriated to the

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  1  Department of Education for the purpose of conducting this

  2  study.

  3         (2)  The Department of Juvenile Justice shall provide

  4  early notice to school districts regarding the siting of new

  5  juvenile justice facilities. School districts shall include

  6  the projected number of students in the districts' annual

  7  estimates. School districts should be consulted regarding the

  8  types of students expected to be assigned to commitment

  9  facilities for education planning and budgeting purposes. The

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

11  Department of Education when a request for proposals is issued

12  for the construction or operation of a commitment or detention

13  facility anywhere in the state. The Department of Juvenile

14  Justice shall notify, in writing, the appropriate school

15  district when a request for proposals is issued for the

16  construction or operation of a commitment or detention

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

18  Department of Juvenile Justice is also required to notify the

19  district school superintendent within 30 days of the award of

20  a contract for the construction or operation of a commitment

21  or detention facility within that school district.

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

23  237.34, Florida Statutes, is amended to read:

24         237.34  Cost accounting and reporting.--

25         (3)  PROGRAM EXPENDITURE REQUIREMENTS.--

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

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

28  the aggregate total school costs for such programs:

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

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

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

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  1         4.  Programs for exceptional students, on an aggregate

  2  program basis, 80 percent.

  3         5.  Grades 7 through 12 vocational education programs,

  4  on an aggregate program basis, 80 percent.

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

  6  basis, 80 percent.

  7         7.  Juvenile justice programs, on an aggregate program

  8  basis, 90 percent.

  9         8.7.  Any new program established and funded under s.

10  236.081(1)(c), that is not included under subparagraphs 1.

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

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

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

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

15         985.401  Juvenile Justice Accountability Board.--

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

17  education programs for juvenile offenders committed by the

18  court to the Department of Juvenile Justice and for juvenile

19  offenders under court supervision in the community. The board

20  shall utilize a subcommittee of interested board members and

21  may request other interested persons to participate and act as

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

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

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

25  commitment programs;

26         (b)  The barriers impeding the timely transfer of

27  education records;

28         (c)  The development and implementation of vocational

29  programming in commitment programs;

30         (d)  The implementation of provisions for earning high

31  school credits regardless of varied lengths of stay; and

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  1         (e)  The accountability of school districts and

  2  providers regarding the expenditure of education funds.

  3         (7)(6)  Each state agency shall provide assistance when

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

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

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

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

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

  9  department.

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

11  985.413, Florida Statutes, 1998 Supplement, is amended to

12  read:

13         985.413  District juvenile justice boards.--

14         (3)  DISTRICT JUVENILE JUSTICE BOARDS.--

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

16  power, and duty to:

17         1.  Advise the district juvenile justice manager and

18  the district administrator on the need for and the

19  availability of juvenile justice programs and services in the

20  district, including the educational services in Department of

21  Juvenile Justice programs.

22         2.  Develop a district juvenile justice plan that is

23  based upon the juvenile justice plans developed by each county

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

25  county within the district.

26         3.  Develop a district interagency cooperation and

27  information-sharing agreement that supplements county

28  agreements and expands the scope to include appropriate

29  circuit and district officials and groups.

30         4.  Coordinate the efforts of the district juvenile

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

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  1  Justice and Delinquency Prevention Advisory Committee and

  2  other public and private entities.

  3         5.  Advise and assist the district juvenile justice

  4  manager in the provision of optional, innovative delinquency

  5  services in the district to meet the unique needs of

  6  delinquent children and their families.

  7         6.  Develop, in consultation with the district juvenile

  8  justice manager, funding sources external to the Department of

  9  Juvenile Justice for the provision and maintenance of

10  additional delinquency programs and services. The board may,

11  either independently or in partnership with one or more county

12  juvenile justice councils or other public or private entities,

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

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

15  public agencies, and from public and private foundations,

16  agencies, and charities for the purpose of funding optional

17  innovative prevention, diversion, or treatment services in the

18  district for delinquent children and children at risk of

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

20  department shall provide fiscal agency services for the

21  councils.

22         7.  Educate the community about and assist in the

23  community juvenile justice partnership grant program

24  administered by the Department of Juvenile Justice.

25         8.  Advise the district health and human services

26  board, the district juvenile justice manager, and the

27  Secretary of Juvenile Justice regarding the development of the

28  legislative budget request for juvenile justice programs and

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

30  coordination with the district health and human services

31  board, make recommendations, develop programs, and provide

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  1  funding for prevention and early intervention programs and

  2  services designed to serve children in need of services,

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

  4  delinquency within the district or region.

  5         9.  Assist the district juvenile justice manager in

  6  collecting information and statistical data useful in

  7  assessing the need for prevention programs and services within

  8  the juvenile justice continuum program in the district.

  9         10.  Make recommendations with respect to, and monitor

10  the effectiveness of, the judicial administrative plan for

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

12  Administration.

13         11.  Provide periodic reports to the health and human

14  services board in the appropriate district of the Department

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

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

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

18  concerning the unmet needs of juveniles within the district.

19         12.  Provide a written annual report on the activities

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

21  Juvenile Justice, and the Juvenile Justice Accountability

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

23  effectiveness of juvenile justice continuum programs and

24  services within the district, recommendations for elimination,

25  modification, or expansion of existing programs, and

26  suggestions for new programs or services in the juvenile

27  justice continuum that would meet identified needs of children

28  and families in the district.

29         Section 13.  The Department of Education shall work in

30  consultation with the Department of Juvenile Justice and the

31  local school districts to develop a plan for education

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  1  programs in detention centers. The plan shall reflect the

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

  3  youth assigned to juvenile justice detention centers. The plan

  4  shall anticipate the use of dropout prevention funding and

  5  appropriate education funding categories available to juvenile

  6  justice facilities and shall provide for appropriate benchmark

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

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

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

10  appropriate cost estimates.

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

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

13         985.404  Administering the juvenile justice

14  continuum.--

15         (10)  The department shall annually collect and report

16  cost data for every program operated or contracted by the

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

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

19  be reported and collected for state-operated and contracted

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

21  department shall ensure that there is accurate cost accounting

22  for state-operated services including market-equivalent rent

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

24  provided to a residential facility shall be reported and

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

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

27  Speaker of the House of Representatives, the Minority Leader

28  of each house of the Legislature, the appropriate substantive

29  and appropriations committees of each house of the

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

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

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  1  be developed and implemented in collaboration with and

  2  cooperation by the Department of Education, local providers,

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

  4  include data collected by the Department of Education for the

  5  purposes of preparing the annual report required by s.

  6  230.23161(21)(17).

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

  8  law.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                              s1290

  3

  4  The committee substitute differs from the original bill in the
    following areas:
  5
    Changes the definition of "school year for juvenile justice
  6  programs" by decreasing the number of days from 260 days to
    250 days.
  7
    Changes the time requirements for school boards to respond to
  8  requests for student education records (increases the
    requirements from 3 to 5 working days). Includes, as a
  9  responsibility for coordinators of juvenile justice education
    programs, prescribing the roles of program personnel.
10
    Includes school districts  as participants in the process to
11  establish juvenile justice quality assurance standards.

12  Requires the Department of Management Services, in
    consultation with the Department of Juvenile Justice and the
13  Department of Education, to conduct the education facilities
    review and decreases the related appropriation of $250,000 to
14  $100,000. Requires the Department of Juvenile Justice to
    provide written notification to school districts related to
15  the siting of commitment or detention facilities.

16  Revises the required content for administrative rules related
    to funding to clarify that 100% of the formula based
17  categorical funds generated by Department of Juvenile Justice
    students must be spent on appropriate categoricals such as
18  instructional materials and public school technology. Revises
    the required content for administrative rules related to
19  assessment procedures.

20  Adds sanctions for school districts to the required content
    for administrative rules and eliminates specific sanctions
21  related to the GED, record keeping, and transfer of credits.

22  Revises the provisions for sanctioning school districts and
    providers to require the Department of Education to impose
23  sanctions adopted by State Board of Education rule.

24  Amends s. 229.57, F.S., to require the Department of Education
    to develop, select, or implement a common battery of
25  assessment tools for use in all juvenile justice programs.

26  Amends s. 229.58, F.S., to authorize certain school boards to
    establish a district advisory council to develop and monitor a
27  school improvement plan.

28  Allows a school board to establish a district improvement plan
    rather than a separate plan for each school.
29
    Requires the school district planning and budgeting process to
30  include the needs of Department of Juvenile Justice programs.

31  Revises the annual progress reporting requirements by the
    Department of Education and the Department of Juvenile Justice
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  1  for exceptional students.

  2  Requires district juvenile justice boards to provide advice
    related to juvenile justice education services in Department
  3  of Juvenile Justice programs.

  4  Specifies funding requirements for students participating in
    GED programs.
  5
    Revises the date for submitting the plan for education in
  6  detention centers.

  7  Changes the funding requirements in juvenile justice education
    programs, specifies that full time equivalent (FTE) count
  8  periods must be prescribed by State Board of Education rule,
    and requires the Department of Education to develop a method
  9  for capturing all direct instructional time for students
    during summer school.
10
    Eliminates the following provisions from the bill: provisions
11  in s. 230.2316, F.S., related to required education
    assessments; the requirement to provide each juvenile justice
12  district manager with a general education facilities report
    and an education plan survey; provisions in s. 236.013, F.S.,
13  related to defining a  full-time equivalent student for
    purposes of Department of Juvenile Justice programs; the
14  requirements for district juvenile justice boards to create
    standing committees on education; the study by the Department
15  of Education related to exceptional students; and the
    responsibility for coordinators of juvenile justice education
16  programs to secure workforce development funding.

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