Senate Bill 2464c3

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



    Florida Senate - 2000             CS for CS for CS for SB 2464

    By the Committees on Fiscal Policy, Criminal Justice,
    Education and Senator Horne




    309-2151-00

  1                      A bill to be entitled

  2         An act relating to juvenile justice education

  3         programs; amending s. 230.02, F.S.; providing

  4         for district school systems to provide

  5         instructional personnel at certain juvenile

  6         justice programs; amending s. 230.23161, F.S.;

  7         providing legislative intent; prescribing

  8         duties for the Department of Juvenile Justice

  9         and the Department of Education regarding

10         providing educational instruction to certain

11         delinquent youths; requiring certain delinquent

12         youths to participate in educational programs;

13         allowing full-time teachers in juvenile justice

14         schools to participate in the

15         critical-teacher-shortage tuition-reimbursement

16         program; clarifying the FTE count requirements;

17         requiring a multi-agency plan; amending s.

18         232.032, F.S.; exempting youths in juvenile

19         justice programs from certain immunization

20         requirements; providing for followup; amending

21         s. 235.1975, F.S.; requiring the Department of

22         Juvenile Justice to notify the Department of

23         Education regarding certain actions taken

24         regarding the construction of new facilities;

25         creating s. 985.3155, F.S.; requiring both

26         departments to develop a plan for vocational

27         education in juvenile justice facilities;

28         providing powers, duties, and guidelines for

29         the plan; requiring a report; amending s.

30         985.316, F.S.; providing for compulsory

31         participation in education programs by youths

                                  1

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






    Florida Senate - 2000             CS for CS for CS for SB 2464
    309-2151-00




  1         in custody; requiring a study; requiring a

  2         review and the creation of a plan; providing

  3         appropriations; amending s. 228.081, F.S.;

  4         clarifying the educational option available to

  5         certain students; establishing responsibility

  6         for certain fees; amending s. 230.23, F.S.;

  7         requiring provision of educational services to

  8         certain minors and students who are detained in

  9         specified detention facilities; creating s.

10         951.176, F.S.; requiring provision of

11         educational services to certain minors and

12         students who are detained in specified

13         detention facilities; providing an effective

14         date.

15

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

17

18         Section 1.  Section 230.02, Florida Statutes, is

19  amended to read:

20         230.02  Scope of district system.--A district school

21  system shall include all public schools, classes, and courses

22  of instruction and all services and activities directly

23  related to education in that district which are under the

24  direction of the district school officials.  A district school

25  system may also include alternative site schools for

26  disruptive or violent youth. Such schools for disruptive or

27  violent youth may be funded by each district or provided

28  through cooperative programs administered by a consortium of

29  school districts, private providers, state and local law

30  enforcement agencies, and the Department of Juvenile Justice.

31  Pursuant to cooperative agreement, a district school system

                                  2

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






    Florida Senate - 2000             CS for CS for CS for SB 2464
    309-2151-00




  1  shall provide instructional personnel at juvenile justice

  2  facilities of 50 or more beds or slots with access to the

  3  district school system database for the purpose of accessing

  4  student academic, immunization and registration records for

  5  students assigned to the programs. Such access shall be in the

  6  same manner as provided to other schools in the district.

  7         Section 2.  Subsections (1), (5), (7), (11), and (13)

  8  of section 230.23161, Florida Statutes, are amended and

  9  subsection (24) is added to that section to read:

10         230.23161  Educational services in Department of

11  Juvenile Justice programs.--

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

13  most important factor in the rehabilitation of adjudicated

14  delinquent youth in the custody of the Department of Juvenile

15  Justice in detention or commitment facilities. It is the

16  intent of the Legislature that youth in the juvenile justice

17  system be provided with equal opportunity and access to

18  quality and effective education that will meet the individual

19  needs of each child. The Department of Education shall serve

20  as the lead agency for juvenile justice education programs to

21  ensure that curriculum, support services, and resources are

22  provided to maximize the public's investment in the custody

23  and care of these youth. To this end, the Department of

24  Education and the Department of Juvenile Justice shall each

25  designate a Coordinator for Juvenile Justice Education

26  Programs to serve as the point of contact for resolving issues

27  not addressed by local district school boards and to ensure

28  each department's participation in the following activities:

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

30  Department of Juvenile Justice, local school districts,

31

                                  3

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






    Florida Senate - 2000             CS for CS for CS for SB 2464
    309-2151-00




  1  educational contract providers, and juvenile justice

  2  providers, whether state operated or contracted.

  3         (b)  Collecting information on the academic performance

  4  of students in juvenile justice commitment and detention

  5  programs and reporting on the results.

  6         (c)  Developing academic and vocational protocols that

  7  provide guidance to school districts and providers in all

  8  aspects of education programming, including records transfer

  9  and transition.

10         (d)  Prescribing the roles of program personnel and

11  interdepartmental local school district or provider

12  collaboration strategies.

13

14  Annually, a cooperative agreement and plan for juvenile

15  justice education service enhancement shall be developed

16  between the Department of Juvenile Justice and the Department

17  of Education and submitted to the Secretary of Juvenile

18  Justice and the Commissioner of Education by June 30.

19         (5)  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 juvenile

23  justice program. School programming in juvenile justice

24  detention, commitment, and rehabilitation programs shall be

25  made available by the local school district during the

26  juvenile justice regular school year, as defined in s.

27  228.041(43) and the summer school by the local school

28  district.

29         (7)  Participation in the program by students of

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

31  shall be mandatory.  All students of noncompulsory

                                  4

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






    Florida Senate - 2000             CS for CS for CS for SB 2464
    309-2151-00




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

  2  diploma or its equivalent shall participate in the educational

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

  4  or her intent to terminate school enrollment as described in

  5  s. 232.01(1)(c) and is afforded the opportunity to take the

  6  general education development test and attain a Florida high

  7  school general education development diploma prior to release

  8  from a facility. A youth who has received a high school

  9  diploma or its equivalent and is not employed shall

10  participate in workforce development or other vocational or

11  technical education or community college or university courses

12  while in the program, subject to available funding.

13         (11)  The school district shall recruit and train

14  teachers who are interested, qualified, or experienced in

15  educating students in juvenile justice programs. Students in

16  juvenile justice programs shall be provided a wide range of

17  educational programs and opportunities including textbooks,

18  technology, instructional support, and other resources

19  available to students in public schools. Teachers assigned to

20  educational programs in juvenile justice settings in which the

21  school district operates the educational program shall be

22  selected by the school district in consultation with the

23  director of the juvenile justice facility. Educational

24  programs in juvenile justice facilities shall have access to

25  the substitute teacher pool utilized by the school district.

26  Full-time teachers working in juvenile justice schools,

27  whether employed by a school district or a provider, shall be

28  eligible for the critical-teacher-shortage

29  tuition-reimbursement program as defined by s. 240.4064.

30         (13)  The local school district shall fund the

31  education program in a Department of Juvenile Justice facility

                                  5

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






    Florida Senate - 2000             CS for CS for CS for SB 2464
    309-2151-00




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

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

  3  state funding through the Florida Education Finance Program

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

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

  6  federal funding to a juvenile justice program.

  7         (a)  Juvenile justice education programs shall be

  8  funded in the appropriate FEFP program based on the

  9  educational services needed by the student for Department of

10  Juvenile Justice programs in accordance with s. 236.081.

11         (b)  Juvenile justice education programs to receive the

12  appropriate FEFP program funding for Department of Juvenile

13  Justice programs shall include those operated through a

14  contract with the Department of Juvenile Justice and which are

15  under purview of the Department of Juvenile Justice quality

16  assurance standards for education.

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

18  Education, local school districts are authorized and required

19  to request an alternative FTE survey for Department of

20  Juvenile Justice programs experiencing fluctuations in student

21  enrollment.

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

23  the State Board of Education and shall be the same for

24  programs of the Department of Juvenile Justice as for other

25  public school programs. The summer school period for students

26  in Department of Juvenile Justice programs shall begin on the

27  day immediately following the end of the regular school year

28  and end on the day immediately preceding the subsequent

29  regular school year. Students shall be funded for no more than

30  25 hours per week of direct instruction. The Department of

31  Education shall develop a method which captures all direct

                                  6

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






    Florida Senate - 2000             CS for CS for CS for SB 2464
    309-2151-00




  1  instructional time provided to such students during the summer

  2  school period.

  3         (24)  The Department of Juvenile Justice and the

  4  Department of Education shall, in consultation with the

  5  statewide Workforce Development Youth Council, school

  6  districts, providers, and others, jointly develop a

  7  multi-agency plan for vocational education which describes the

  8  curriculum, goals, and outcome measures for vocational

  9  programming in juvenile commitment facilities, pursuant to s.

10  985.3155.

11         Section 3.  Paragraph (e) of subsection (3) of section

12  232.032, Florida Statutes, is amended to read:

13         232.032  Immunization against communicable diseases;

14  school attendance requirements; exemptions.--

15         (3)  The provisions of this section shall not apply if:

16         (e)  An authorized school official issues a temporary

17  exemption, for a period not to exceed 30 school days, to

18  permit a child who transfers into a new county to attend class

19  until his or her records can be obtained. The public school

20  health nurse or authorized nonpublic school official is

21  responsible for followup of each such child until proper

22  documentation or immunizations are obtained. An exemption for

23  30 days may be issued for a child who enters a juvenile

24  justice program to permit the child to attend class until his

25  or her records can be obtained or until the immunizations can

26  be obtained. An authorized juvenile justice official is

27  responsible for followup of each child who enters a juvenile

28  justice program until proper documentation or immunizations

29  are obtained.

30         Section 4.  Section 235.1975, Florida Statutes, is

31  amended to read:

                                  7

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






    Florida Senate - 2000             CS for CS for CS for SB 2464
    309-2151-00




  1         235.1975  Cooperative Development of Educational

  2  Facilities in Juvenile Justice Programs.--

  3         (1)  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 must should be consulted regarding

  8  the types of students expected to be assigned to commitment

  9  facilities for education planning and budgeting purposes.

10         (2)  The Department of Juvenile Justice shall notify,

11  in writing, the Department of Education when a request for

12  proposals is issued for the construction or operation of a

13  commitment or detention facility anywhere in the state. The

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

15  appropriate school district when a request for proposals is

16  issued for the construction or operation of a commitment or

17  detention facility when a county or site is specifically

18  identified.

19         (3)  The Department of Juvenile Justice shall also is

20  also required to notify the district school superintendent

21  within 30 days after: of

22         (a)  The award of a contract for the construction or

23  operation of a commitment or detention facility within that

24  school district.

25         (b)  Obtaining a permit to begin construction of a new

26  detention or commitment facility within that school district.

27         Section 5.  Section 985.3155, Florida Statutes, is

28  created to read:

29         985.3155  Multi-agency plan for vocational education.--

30         (1)  The Department of Juvenile Justice and the

31  Department of Education shall, in consultation with the

                                  8

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






    Florida Senate - 2000             CS for CS for CS for SB 2464
    309-2151-00




  1  statewide Workforce Development Youth Council, school

  2  districts, providers, and others, jointly develop a

  3  multi-agency plan for vocational education that establishes

  4  the curriculum, goals, and outcome measures for vocational

  5  programs in juvenile commitment facilities. The plan must

  6  include:

  7         (a)  Provisions for maximizing appropriate state and

  8  federal funding sources, including funds under the Workforce

  9  Investment Act and the Perkins Act;

10         (b)  The responsibilities of both departments and all

11  other appropriate entities; and

12         (c)  A detailed implementation schedule.

13

14  The plan must be submitted to the Governor, the President of

15  the Senate, and the Speaker of the House of Representatives by

16  May 1, 2001.

17         (2)  The plan must define vocational programming that

18  is appropriate based upon:

19         (a)  The age and assessed educational abilities and

20  goals of the youth to be served; and

21         (b)  The typical length of stay and custody

22  characteristics at the commitment program to which each youth

23  is assigned.

24         (3)  The plan must include a definition of vocational

25  programming that includes the following classifications of

26  commitment facilities that will offer vocational programming

27  by one of the following types:

28         (a)  Type A.--Programs that teach personal

29  accountability skills and behaviors that are appropriate for

30  youth in all age groups and ability levels and that lead to

31

                                  9

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






    Florida Senate - 2000             CS for CS for CS for SB 2464
    309-2151-00




  1  work habits that help maintain employment and living

  2  standards.

  3         (b)  Type B.--Programs that include Type A program

  4  content and an orientation to the broad scope of career

  5  choices, based upon personal abilities, aptitudes, and

  6  interests. Exploring and gaining knowledge of occupation

  7  options and the level of effort required to achieve them is an

  8  essential prerequisite to skill training.

  9         (c)  Type C.--Programs that include Type A program

10  content and the vocational competencies or the prerequisites

11  needed for entry into a specific occupation.

12         (4)  The plan must also address strategies to

13  facilitate involvement of business and industry in the design,

14  delivery, and evaluation of vocational programming in juvenile

15  justice commitment facilities and aftercare programs,

16  including apprenticeship and work experience programs,

17  mentoring and job shadowing, and other strategies that lead to

18  post-release employment. Incentives for business involvement,

19  such as tax breaks, bonding, and liability limits should be

20  investigated, implemented where appropriate, or recommended to

21  the Legislature for consideration.

22         (5)  The Department of Juvenile Justice and the

23  Department of Education shall each align its respective agency

24  policies, practices, technical manuals, contracts,

25  quality-assurance standards, performance-based-budgeting

26  measures, and outcome measures with the plan in commitment

27  facilities by July 31, 2001. Each agency shall provide a

28  report on the implementation of this section to the Governor,

29  the President of the Senate, and the Speaker of the House of

30  Representatives by August 31, 2001.

31

                                  10

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






    Florida Senate - 2000             CS for CS for CS for SB 2464
    309-2151-00




  1         (6)  All provider contracts executed by the Department

  2  of Juvenile Justice or the school districts after January 1,

  3  2002, must be aligned with the plan.

  4         (7)  The planning and execution of quality assurance

  5  reviews conducted by the Department of Education or the

  6  Department of Juvenile Justice after August 1, 2002, must be

  7  aligned with the plan.

  8         (8)  Outcome measures reported by the Department of

  9  Juvenile Justice, the Department of Education, and the

10  Juvenile Justice Accountability Board for youth released on or

11  after January 1, 2002, should include outcome measures that

12  conform to the plan.

13         Section 6.  Subsection (5) is added to section 985.316,

14  Florida Statutes, to read:

15         985.316  Aftercare.--

16         (5)  Participation in the educational program by

17  students of compulsory school attendance age pursuant to s.

18  232.01 is mandatory for juvenile justice youth on aftercare or

19  postcommitment community control status. A student of

20  noncompulsory school-attendance age who has not received a

21  high school diploma or its equivalent must participate in the

22  educational program. A youth who has received a high school

23  diploma or its equivalent and is not employed must participate

24  in workforce development or other vocational or technical

25  education or attend a community college or a university while

26  in the program, subject to available funding.

27         Section 7.  The Department of Education, in

28  consultation with the Department of Juvenile Justice, school

29  districts, and providers, shall conduct a study to determine

30  the precise funding level needed to provide the specialized

31  education programs, including academic and vocational

                                  11

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






    Florida Senate - 2000             CS for CS for CS for SB 2464
    309-2151-00




  1  programs, to youth in juvenile justice programs. The results

  2  of this study may be used to establish a unique program cost

  3  factor beginning in fiscal year 2001-2002 for juvenile justice

  4  education programs. The results of the study must be presented

  5  to the Governor and Legislature by January 1, 2001. The sum of

  6  $100,000 in nonrecurring general revenue is appropriated from

  7  the General Revenue Fund to the Department of Education for

  8  the purpose of conducting the study.

  9         Section 8.  The Department of Education, in

10  consultation with the Department of Juvenile Justice, shall

11  conduct a review and analysis of existing education facilities

12  in Department of Juvenile Justice facilities to determine the

13  adequacy of the facilities for educational use. This

14  information must be used to generate a 3-year plan to provide

15  adequate space, equipment, furnishings, and technology,

16  including retrofitting. The Department of Education shall

17  submit this plan to the Governor, the President of the Senate,

18  the Speaker of the House of Representatives, and the Secretary

19  of Juvenile Justice by January 1, 2001. The plan must contain

20  sufficient detail for the development of a fixed capital

21  outlay budget request. The sum of $100,000 in nonrecurring

22  general revenue is appropriated from the General Revenue Fund

23  to the Department of Education for the purpose of conducting

24  the study.

25         Section 9.  Subsection (4) of section 228.081, Florida

26  Statutes, is amended to read:

27         228.081  Other public educational services.--

28         (4)  The Department of Education shall ensure that

29  school districts notify students in juvenile justice

30  residential or nonresidential facilities who attain the age of

31  16 years of the provisions of s. 232.01(1)(c) regarding

                                  12

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






    Florida Senate - 2000             CS for CS for CS for SB 2464
    309-2151-00




  1  compulsory school attendance and make available the option of

  2  enrolling in a program to attain a Florida high school general

  3  education development diploma by taking the general education

  4  development test prior to release from the facility. School

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

  6  testing fees for youth in Department of Juvenile Justice

  7  residential programs and shall, upon request, designate

  8  schools operating for the purpose of providing educational

  9  services to youth in Department of Juvenile Justice programs

10  as GED testing centers, subject to GED testing center

11  requirements. The administrative fees for the general

12  education development test required by the Department of

13  Education are the responsibility of school districts and may

14  be required of providers by contractual agreement.

15         Section 10.  Paragraph (p) is added to subsection (4)

16  of section 230.23, Florida Statutes, to read:

17         230.23  Powers and duties of school board.--The school

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

19  perform all duties listed below:

20         (4)  ESTABLISHMENT, ORGANIZATION, AND OPERATION OF

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

22  establishment, organization, and operation of the schools of

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

24         (p)  Educational services in detention

25  facilities.--Minors who have not graduated from high school

26  and eligible students with disabilities under the age of 22

27  who have not graduated with a standard diploma or its

28  equivalent who are detained in a county or municipal detention

29  facility as defined in s. 951.23 shall be offered educational

30  services by the local school district in which the facility is

31  located. These educational services shall be based upon the

                                  13

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






    Florida Senate - 2000             CS for CS for CS for SB 2464
    309-2151-00




  1  estimated length of time the youth will be in the facility and

  2  the youth's current level of functioning. School district

  3  superintendents or their designees shall be notified by the

  4  county sheriff or chief correctional officer, or his or her

  5  designee, upon the assignment of a youth under the age of 21

  6  to the facility. A cooperative agreement with the local school

  7  district and applicable law enforcement units shall be

  8  developed to address the notification requirement and the

  9  provision of educational services to these youth.

10         Section 11.  Section 951.176, Florida Statutes, is

11  created to read:

12         951.176  Provision of education programs for

13  youth.--Minors who have not graduated from high school and

14  eligible students with disabilities under the age of 22 who

15  have not graduated with a standard diploma or its equivalent

16  who are detained in a county or municipal detention facility

17  as defined in s. 951.23 shall be offered educational services

18  by the local school district in which the facility is located.

19  These educational services shall be based upon the estimated

20  length of time the youth will be in the facility and the

21  youth's current level of functioning. School district

22  superintendents or their designees shall be notified by the

23  county sheriff or chief correctional officer, or his or her

24  designee, upon the assignment of a youth under the age of 21

25  to the facility. A cooperative agreement with the local school

26  district and applicable law enforcement units shall be

27  developed to address the notification requirement and the

28  provision of educational services to these youth.

29         Section 12.  This act shall take effect July 1, 2000.

30

31

                                  14

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






    Florida Senate - 2000             CS for CS for CS for SB 2464
    309-2151-00




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                          CS/CS/SB 2464

  3

  4  Allows full-time teachers working in juvenile justice schools
    to participate in the critical teacher shortage tuition
  5  reimbursement program.

  6  Makes the following changes related to juvenile justice
    educational facilities:
  7
    -     the facilities do not have to meet the state
  8        requirements for education facilities prescribed by
          rules of the State Board of Education.
  9
    -     the Department of Education is not required to approve
10        facility designs for substantial renovations prior to
          construction.
11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  15