HB 1989

1
A bill to be entitled
2An act relating to juvenile justice education; amending s.
31003.51, F.S.; increasing the percentage of Florida
4Education Finance Program funding generated by students in
5juvenile justice programs which must be spent on
6instructional costs; providing that formula-based
7categorical funds must be spent on juvenile justice
8students; amending s. 1003.52, F.S.; requiring school
9districts to provide the GED exit option for juvenile
10justice programs; requiring the Department of Education,
11by a specified date, to select a student assessment
12instrument and protocol for measuring student learning
13gains and student progression in juvenile justice
14education programs; requiring the instrument and protocol
15to be implemented statewide by a specified date; requiring
16that students in juvenile justice education programs have
17access to Florida Virtual School courses; requiring the
18department and the school districts to adopt policies
19ensuring such access; providing that juvenile justice
20teachers are eligible for all teacher recruitment and
21retention programs; providing that juvenile justice
22education programs are eligible for all federal funds;
23deleting a reference to second chance schools; revising
24requirements for the plan for career and technical
25education; amending s. 1010.20, F.S.; increasing the
26percentage of the funds generated by juvenile justice
27programs which the school district must expend on those
28programs; requiring a workgroup to suggest strategies for
29meeting the requirements of the No Child Left Behind Act
30and for rewarding juvenile justice education programs for
31high performance; requiring the department to report the
32findings of the workgroup to legislative leaders by a
33specified date; amending ss. 985.412 and 1001.42, F.S., to
34conform; providing an effective date.
35
36Be It Enacted by the Legislature of the State of Florida:
37
38     Section 1.  Paragraph (g) of subsection (2) of section
391003.51, Florida Statutes, is amended to read:
40     1003.51  Other public educational services.--
41     (2)  The State Board of Education shall adopt and maintain
42an administrative rule articulating expectations for effective
43education programs for youth in Department of Juvenile Justice
44programs, including, but not limited to, education programs in
45juvenile justice commitment and detention facilities. The rule
46shall articulate policies and standards for education programs
47for youth in Department of Juvenile Justice programs and shall
48include the following:
49     (g)  Funding requirements, which shall include the
50requirement that at least 90 80 percent of the FEFP funds
51generated by students in Department of Juvenile Justice programs
52be spent on instructional costs for those students. One hundred
53percent of the formula-based categorical funds generated by
54students in Department of Juvenile Justice programs must be
55spent on appropriate categoricals such as instructional
56materials and public school technology for those students.
57     Section 2.  Subsections (1), (2), (3), (4), (9), (10),
58(12), (19), (20), (21), (22), and (23) of section 1003.52,
59Florida Statutes, are amended to read:
60     1003.52  Educational services in Department of Juvenile
61Justice programs.--
62     (1)  The Legislature finds that education is the single
63most important factor in the rehabilitation of adjudicated
64delinquent youth in the custody of the Department of Juvenile
65Justice programs in detention or commitment facilities. It is
66the goal of the Legislature that youth in the juvenile justice
67system continue to be allowed the opportunity to obtain a high
68quality education. The Department of Education shall serve as
69the lead agency for juvenile justice education programs,
70curriculum, support services, and resources. To this end, the
71Department of Education and the Department of Juvenile Justice
72shall each designate a Coordinator for Juvenile Justice
73Education Programs to serve as the point of contact for
74resolving issues not addressed by district school boards and to
75provide each department's participation in the following
76activities:
77     (a)  Training, collaborating, and coordinating with the
78Department of Juvenile Justice, district school boards,
79educational contract providers, and juvenile justice providers,
80whether state operated or contracted.
81     (b)  Collecting information on the academic performance of
82students in juvenile justice commitment and detention programs
83and reporting on the results.
84     (c)  Developing academic and career and technical protocols
85that provide guidance to district school boards and providers in
86all aspects of education programming, including records transfer
87and transition.
88     (d)  Prescribing the roles of program personnel and
89interdepartmental district school board or provider
90collaboration strategies.
91
92Annually, a cooperative agreement and plan for juvenile justice
93education service enhancement shall be developed between the
94Department of Juvenile Justice and the Department of Education
95and submitted to the Secretary of Juvenile Justice and the
96Commissioner of Education by June 30.
97     (2)  Students participating in Department of Juvenile
98Justice programs a detention, commitment, or rehabilitation
99program pursuant to chapter 985 which are is sponsored by a
100community-based agency or are is operated or contracted for by
101the Department of Juvenile Justice shall receive educational
102programs according to rules of the State Board of Education.
103These students shall be eligible for services afforded to
104students enrolled in programs pursuant to s. 1003.53 and all
105corresponding State Board of Education rules.
106     (3)  The district school board of the county in which the
107residential or nonresidential care facility or juvenile
108assessment facility is located shall provide appropriate
109educational assessments and an appropriate program of
110instruction and special education services.
111     (a)  The district school board shall make provisions for
112each student to participate in basic, career and technical
113education, and exceptional student programs as appropriate.
114Students served in Department of Juvenile Justice programs shall
115have access to the appropriate courses and instruction to
116prepare them for the GED test. Students participating in GED
117preparation programs shall be funded at the basic program cost
118factor for Department of Juvenile Justice programs in the
119Florida Education Finance Program. Each program shall be
120conducted according to applicable law providing for the
121operation of public schools and rules of the State Board of
122Education. School districts shall provide the GED exit option
123for all juvenile justice programs.
124     (b)  By October 1, 2004, the Department of Education, with
125the assistance of the school districts, shall select a common
126student assessment instrument and protocol for measuring student
127learning gains and student progression while a student is in a
128juvenile justice education program. The assessment instrument
129and protocol must be implemented in all juvenile justice
130education programs in this state by January 1, 2005.
131     (4)  Educational services shall be provided at times of the
132day most appropriate for the juvenile justice program. School
133programming in juvenile justice detention, commitment, and
134rehabilitation programs shall be made available by the local
135school district during the juvenile justice school year, as
136defined in s. 1003.01(11)(12). In addition, students in juvenile
137justice education programs shall have access to Florida Virtual
138School courses. The Department of Education and the school
139districts shall adopt policies necessary to ensure such access.
140     (9)  The Department of Education shall ensure that all
141district school boards make provisions for high school level
142committed youth to earn credits toward high school graduation
143while in residential and nonresidential juvenile justice
144facilities. Provisions must be made for the transfer of credits
145and partial credits earned.
146     (10)  The district school board shall recruit and train
147teachers who are interested, qualified, or experienced in
148educating students in juvenile justice programs. Students in
149juvenile justice programs shall be provided a wide range of
150educational programs and opportunities including textbooks,
151technology, instructional support, and other resources available
152to students in public schools. Teachers assigned to educational
153programs in juvenile justice settings in which the district
154school board operates the educational program shall be selected
155by the district school board in consultation with the director
156of the juvenile justice facility. Educational programs in
157juvenile justice facilities shall have access to the substitute
158teacher pool utilized by the district school board. Full-time
159teachers working in juvenile justice schools, whether employed
160by a district school board or a provider, shall be eligible for
161the critical teacher shortage tuition reimbursement program as
162defined by s. 1009.58 and other teacher recruitment and
163retention programs.
164     (12)  The district school board shall fund the educational
165program in a Department of Juvenile Justice facility at the same
166or higher level of funding for equivalent students in the
167district school system based on the funds generated by state
168funding through the Florida Education Finance Program for such
169students. It is the intent of the Legislature that the school
170district maximize its available local, state, and federal
171funding to a juvenile justice program.
172     (a)  Juvenile justice educational programs shall be funded
173in the appropriate FEFP program based on the educational
174services needed by the student for Department of Juvenile
175Justice programs in accordance with s. 1011.62.
176     (b)  Juvenile justice educational programs to receive the
177appropriate FEFP funding for Department of Juvenile Justice
178programs shall include those operated through a contract with
179the Department of Juvenile Justice and which are under purview
180of the Department of Juvenile Justice quality assurance
181standards for education.
182     (c)  Consistent with the rules of the State Board of
183Education, district school boards are required to request an
184alternative FTE survey for Department of Juvenile Justice
185programs experiencing fluctuations in student enrollment.
186     (d)  FTE count periods shall be prescribed in rules of the
187State Board of Education and shall be the same for programs of
188the Department of Juvenile Justice as for other public school
189programs. The summer school period for students in Department of
190Juvenile Justice programs shall begin on the day immediately
191following the end of the regular school year and end on the day
192immediately preceding the subsequent regular school year.
193Students shall be funded for no more than 25 hours per week of
194direct instruction.
195     (e)  Each juvenile justice education program must receive
196all federal funds for which the program is eligible.
197     (19)  Department of Juvenile Justice detention and
198commitment programs may be designated as second chance schools
199pursuant to s. 1003.53(1)(d). Admission to such programs shall
200be governed by chapter 985.
201     (19)(20)  The Department of Education and the Department of
202Juvenile Justice, after consultation with and assistance from
203local providers and district school boards, shall report
204annually to the Legislature by February 1 on the progress toward
205developing effective educational programs for juvenile
206delinquents, including the amount of funding provided by
207district school boards to juvenile justice programs, the amount
208retained for administration including documenting the purposes
209for such expenses, the status of the development of cooperative
210agreements, the results of the quality assurance reviews
211including recommendations for system improvement, and
212information on the identification of, and services provided to,
213exceptional students in juvenile justice commitment facilities
214to determine whether these students are properly reported for
215funding and are appropriately served.
216     (20)(21)  The educational programs at the Arthur Dozier
217School for Boys in Jackson County and the Florida School for
218Boys in Okeechobee shall be operated by the Department of
219Education, either directly or through grants or contractual
220agreements with other public or duly accredited education
221agencies approved by the Department of Education.
222     (21)(22)  The State Board of Education may adopt any rules
223necessary to implement the provisions of this section, including
224uniform curriculum, funding, and second chance schools. Such
225rules must shall require the minimum amount of paperwork and
226reporting.
227     (22)(23)  The Department of Juvenile Justice and the
228Department of Education shall, in consultation with Workforce
229Florida, Inc., the statewide Workforce Development Youth
230Council, district school boards, community colleges, providers,
231and others, shall jointly develop a multiagency plan for career
232and technical education which describes the funding, curriculum,
233transfer of credits, goals, and outcome measures for career and
234technical education programming in juvenile commitment
235facilities, pursuant to s. 985.3155. The plan must be reviewed
236annually.
237     Section 3.  Paragraph (a) of subsection (3) of section
2381010.20, Florida Statutes, is amended to read:
239     1010.20  Cost accounting and reporting for school
240districts.--
241     (3)  PROGRAM EXPENDITURE REQUIREMENTS.--
242     (a)  Each district shall expend at least the percent of the
243funds generated by each of the programs listed in this section
244on the aggregate total school costs for such programs:
245     1.  Kindergarten and grades 1, 2, and 3, 90 percent.
246     2.  Grades 4, 5, 6, 7, and 8, 80 percent.
247     3.  Grades 9, 10, 11, and 12, 80 percent.
248     4.  Programs for exceptional students, on an aggregate
249program basis, 90 percent.
250     5.  Grades 7 through 12 career and technical education
251programs, on an aggregate program basis, 80 percent.
252     6.  Students-at-risk programs, on an aggregate program
253basis, 80 percent.
254     7.  Juvenile justice programs, on an aggregate program
255basis, 90 80 percent.
256     8.  Any new program established and funded under s.
2571011.62(1)(c), that is not included under subparagraphs 1.-7.
2581.-6., on an aggregate basis as appropriate, 80 percent.
259     Section 4.  The Department of Education and the Department
260of Juvenile Justice, in collaboration with the school districts,
261juvenile justice education providers, and the Florida Juvenile
262Justice Association, shall convene a workgroup to suggest
263strategies for meeting the requirements of the federal No Child
264Left Behind Act and for rewarding juvenile justice education
265programs for high performance based on positive student
266outcomes. The Department of Education shall report the findings
267of the workgroup to the President of the Senate and the Speaker
268of the House of Representatives by December 1, 2004.
269     Section 5.  Subsection (3) of section 985.412, Florida
270Statutes, is amended to read:
271     985.412  Quality assurance and cost-effectiveness.--
272     (3)  The department shall annually collect and report cost
273data for every program operated or contracted by the department.
274The cost data shall conform to a format approved by the
275department and the Legislature. Uniform cost data shall be
276reported and collected for state-operated and contracted
277programs so that comparisons can be made among programs. The
278department shall ensure that there is accurate cost accounting
279for state-operated services including market-equivalent rent and
280other shared cost. The cost of the educational program provided
281to a residential facility shall be reported and included in the
282cost of a program. The department shall submit an annual cost
283report to the President of the Senate, the Speaker of the House
284of Representatives, the Minority Leader of each house of the
285Legislature, the appropriate substantive and fiscal committees
286of each house of the Legislature, and the Governor, no later
287than December 1 of each year. Cost-benefit analysis for
288educational programs will be developed and implemented in
289collaboration with and in cooperation with the Department of
290Education, local providers, and local school districts. Cost
291data for the report shall include data collected by the
292Department of Education for the purposes of preparing the annual
293report required by s. 1003.52(19)(20).
294     Section 6.  Paragraph (e) of subsection (16) of section
2951001.42, Florida Statutes, is amended to read:
296     1001.42  Powers and duties of district school board.--The
297district school board, acting as a board, shall exercise all
298powers and perform all duties listed below:
299     (16)  IMPLEMENT SCHOOL IMPROVEMENT AND
300ACCOUNTABILITY.--Maintain a system of school improvement and
301Maintain a system of school improvement and education
302accountability as provided by statute and State Board of
303Education rule. This system of school improvement and education
304accountability shall be consistent with, and implemented
305through, the district's continuing system of planning and
306budgeting required by this section and ss. 1008.385, 1010.01,
307and 1011.01. This system of school improvement and education
308accountability shall include, but is not limited to, the
309following:
310     (e)  Public disclosure.--Provide information regarding
311performance of students and educational programs as required
312pursuant to ss. 1008.22 and 1008.385 and implement a system of
313school reports as required by statute and State Board of
314Education rule that shall include schools operating for the
315purpose of providing educational services to youth in Department
316of Juvenile Justice programs, and for those schools, report on
317the elements specified in s. 1003.52(19)(20). Annual public
318disclosure reports shall be in an easy-to-read report card
319format and shall include the school's student and school
320performance grade category designation and performance data as
321specified in state board rule.
322     Section 7.  This act shall take effect July 1, 2004.


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