1 | A bill to be entitled |
2 | An act relating to juvenile justice education; amending s. |
3 | 1003.51, F.S.; increasing the percentage of Florida |
4 | Education Finance Program funding generated by students in |
5 | juvenile justice programs which must be spent on |
6 | instructional costs; providing that formula-based |
7 | categorical funds must be spent on juvenile justice |
8 | students; amending s. 1003.52, F.S.; requiring school |
9 | districts to provide the GED exit option for juvenile |
10 | justice programs; requiring the Department of Education, |
11 | by a specified date, to select a student assessment |
12 | instrument and protocol for measuring student learning |
13 | gains and student progression in juvenile justice |
14 | education programs; requiring the instrument and protocol |
15 | to be implemented statewide by a specified date; requiring |
16 | that students in juvenile justice education programs have |
17 | access to Florida Virtual School courses; requiring the |
18 | department and the school districts to adopt policies |
19 | ensuring such access; providing that juvenile justice |
20 | teachers are eligible for all teacher recruitment and |
21 | retention programs; providing that juvenile justice |
22 | education programs are eligible for all federal funds; |
23 | deleting a reference to second chance schools; revising |
24 | requirements for the plan for career and technical |
25 | education; amending s. 1010.20, F.S.; increasing the |
26 | percentage of the funds generated by juvenile justice |
27 | programs which the school district must expend on those |
28 | programs; requiring a workgroup to suggest strategies for |
29 | meeting the requirements of the No Child Left Behind Act |
30 | and for rewarding juvenile justice education programs for |
31 | high performance; requiring the department to report the |
32 | findings of the workgroup to legislative leaders by a |
33 | specified date; amending ss. 985.412 and 1001.42, F.S., to |
34 | conform; providing an effective date. |
35 |
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36 | Be It Enacted by the Legislature of the State of Florida: |
37 |
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38 | Section 1. Paragraph (g) of subsection (2) of section |
39 | 1003.51, Florida Statutes, is amended to read: |
40 | 1003.51 Other public educational services.-- |
41 | (2) The State Board of Education shall adopt and maintain |
42 | an administrative rule articulating expectations for effective |
43 | education programs for youth in Department of Juvenile Justice |
44 | programs, including, but not limited to, education programs in |
45 | juvenile justice commitment and detention facilities. The rule |
46 | shall articulate policies and standards for education programs |
47 | for youth in Department of Juvenile Justice programs and shall |
48 | include the following: |
49 | (g) Funding requirements, which shall include the |
50 | requirement that at least 90 80 percent of the FEFP funds |
51 | generated by students in Department of Juvenile Justice programs |
52 | be spent on instructional costs for those students. One hundred |
53 | percent of the formula-based categorical funds generated by |
54 | students in Department of Juvenile Justice programs must be |
55 | spent on appropriate categoricals such as instructional |
56 | materials 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, |
59 | Florida Statutes, are amended to read: |
60 | 1003.52 Educational services in Department of Juvenile |
61 | Justice programs.-- |
62 | (1) The Legislature finds that education is the single |
63 | most important factor in the rehabilitation of adjudicated |
64 | delinquent youth in the custody of the Department of Juvenile |
65 | Justice programs in detention or commitment facilities. It is |
66 | the goal of the Legislature that youth in the juvenile justice |
67 | system continue to be allowed the opportunity to obtain a high |
68 | quality education. The Department of Education shall serve as |
69 | the lead agency for juvenile justice education programs, |
70 | curriculum, support services, and resources. To this end, the |
71 | Department of Education and the Department of Juvenile Justice |
72 | shall each designate a Coordinator for Juvenile Justice |
73 | Education Programs to serve as the point of contact for |
74 | resolving issues not addressed by district school boards and to |
75 | provide each department's participation in the following |
76 | activities: |
77 | (a) Training, collaborating, and coordinating with the |
78 | Department of Juvenile Justice, district school boards, |
79 | educational contract providers, and juvenile justice providers, |
80 | whether state operated or contracted. |
81 | (b) Collecting information on the academic performance of |
82 | students in juvenile justice commitment and detention programs |
83 | and reporting on the results. |
84 | (c) Developing academic and career and technical protocols |
85 | that provide guidance to district school boards and providers in |
86 | all aspects of education programming, including records transfer |
87 | and transition. |
88 | (d) Prescribing the roles of program personnel and |
89 | interdepartmental district school board or provider |
90 | collaboration strategies. |
91 |
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92 | Annually, a cooperative agreement and plan for juvenile justice |
93 | education service enhancement shall be developed between the |
94 | Department of Juvenile Justice and the Department of Education |
95 | and submitted to the Secretary of Juvenile Justice and the |
96 | Commissioner of Education by June 30. |
97 | (2) Students participating in Department of Juvenile |
98 | Justice programs a detention, commitment, or rehabilitation |
99 | program pursuant to chapter 985 which are is sponsored by a |
100 | community-based agency or are is operated or contracted for by |
101 | the Department of Juvenile Justice shall receive educational |
102 | programs according to rules of the State Board of Education. |
103 | These students shall be eligible for services afforded to |
104 | students enrolled in programs pursuant to s. 1003.53 and all |
105 | corresponding State Board of Education rules. |
106 | (3) The district school board of the county in which the |
107 | residential or nonresidential care facility or juvenile |
108 | assessment facility is located shall provide appropriate |
109 | educational assessments and an appropriate program of |
110 | instruction and special education services. |
111 | (a) The district school board shall make provisions for |
112 | each student to participate in basic, career and technical |
113 | education, and exceptional student programs as appropriate. |
114 | Students served in Department of Juvenile Justice programs shall |
115 | have access to the appropriate courses and instruction to |
116 | prepare them for the GED test. Students participating in GED |
117 | preparation programs shall be funded at the basic program cost |
118 | factor for Department of Juvenile Justice programs in the |
119 | Florida Education Finance Program. Each program shall be |
120 | conducted according to applicable law providing for the |
121 | operation of public schools and rules of the State Board of |
122 | Education. School districts shall provide the GED exit option |
123 | for all juvenile justice programs. |
124 | (b) By October 1, 2004, the Department of Education, with |
125 | the assistance of the school districts, shall select a common |
126 | student assessment instrument and protocol for measuring student |
127 | learning gains and student progression while a student is in a |
128 | juvenile justice education program. The assessment instrument |
129 | and protocol must be implemented in all juvenile justice |
130 | education programs in this state by January 1, 2005. |
131 | (4) Educational services shall be provided at times of the |
132 | day most appropriate for the juvenile justice program. School |
133 | programming in juvenile justice detention, commitment, and |
134 | rehabilitation programs shall be made available by the local |
135 | school district during the juvenile justice school year, as |
136 | defined in s. 1003.01(11)(12). In addition, students in juvenile |
137 | justice education programs shall have access to Florida Virtual |
138 | School courses. The Department of Education and the school |
139 | districts shall adopt policies necessary to ensure such access. |
140 | (9) The Department of Education shall ensure that all |
141 | district school boards make provisions for high school level |
142 | committed youth to earn credits toward high school graduation |
143 | while in residential and nonresidential juvenile justice |
144 | facilities. Provisions must be made for the transfer of credits |
145 | and partial credits earned. |
146 | (10) The district school board shall recruit and train |
147 | teachers who are interested, qualified, or experienced in |
148 | educating students in juvenile justice programs. Students in |
149 | juvenile justice programs shall be provided a wide range of |
150 | educational programs and opportunities including textbooks, |
151 | technology, instructional support, and other resources available |
152 | to students in public schools. Teachers assigned to educational |
153 | programs in juvenile justice settings in which the district |
154 | school board operates the educational program shall be selected |
155 | by the district school board in consultation with the director |
156 | of the juvenile justice facility. Educational programs in |
157 | juvenile justice facilities shall have access to the substitute |
158 | teacher pool utilized by the district school board. Full-time |
159 | teachers working in juvenile justice schools, whether employed |
160 | by a district school board or a provider, shall be eligible for |
161 | the critical teacher shortage tuition reimbursement program as |
162 | defined by s. 1009.58 and other teacher recruitment and |
163 | retention programs. |
164 | (12) The district school board shall fund the educational |
165 | program in a Department of Juvenile Justice facility at the same |
166 | or higher level of funding for equivalent students in the |
167 | district school system based on the funds generated by state |
168 | funding through the Florida Education Finance Program for such |
169 | students. It is the intent of the Legislature that the school |
170 | district maximize its available local, state, and federal |
171 | funding to a juvenile justice program. |
172 | (a) Juvenile justice educational programs shall be funded |
173 | in the appropriate FEFP program based on the educational |
174 | services needed by the student for Department of Juvenile |
175 | Justice programs in accordance with s. 1011.62. |
176 | (b) Juvenile justice educational programs to receive the |
177 | appropriate FEFP funding for Department of Juvenile Justice |
178 | programs shall include those operated through a contract with |
179 | the Department of Juvenile Justice and which are under purview |
180 | of the Department of Juvenile Justice quality assurance |
181 | standards for education. |
182 | (c) Consistent with the rules of the State Board of |
183 | Education, district school boards are required to request an |
184 | alternative FTE survey for Department of Juvenile Justice |
185 | programs experiencing fluctuations in student enrollment. |
186 | (d) FTE count periods shall be prescribed in rules of the |
187 | State Board of Education and shall be the same for programs of |
188 | the Department of Juvenile Justice as for other public school |
189 | programs. The summer school period for students in Department of |
190 | Juvenile Justice programs shall begin on the day immediately |
191 | following the end of the regular school year and end on the day |
192 | immediately preceding the subsequent regular school year. |
193 | Students shall be funded for no more than 25 hours per week of |
194 | direct instruction. |
195 | (e) Each juvenile justice education program must receive |
196 | all federal funds for which the program is eligible. |
197 | (19) Department of Juvenile Justice detention and |
198 | commitment programs may be designated as second chance schools |
199 | pursuant to s. 1003.53(1)(d). Admission to such programs shall |
200 | be governed by chapter 985. |
201 | (19)(20) The Department of Education and the Department of |
202 | Juvenile Justice, after consultation with and assistance from |
203 | local providers and district school boards, shall report |
204 | annually to the Legislature by February 1 on the progress toward |
205 | developing effective educational programs for juvenile |
206 | delinquents, including the amount of funding provided by |
207 | district school boards to juvenile justice programs, the amount |
208 | retained for administration including documenting the purposes |
209 | for such expenses, the status of the development of cooperative |
210 | agreements, the results of the quality assurance reviews |
211 | including recommendations for system improvement, and |
212 | information on the identification of, and services provided to, |
213 | exceptional students in juvenile justice commitment facilities |
214 | to determine whether these students are properly reported for |
215 | funding and are appropriately served. |
216 | (20)(21) The educational programs at the Arthur Dozier |
217 | School for Boys in Jackson County and the Florida School for |
218 | Boys in Okeechobee shall be operated by the Department of |
219 | Education, either directly or through grants or contractual |
220 | agreements with other public or duly accredited education |
221 | agencies approved by the Department of Education. |
222 | (21)(22) The State Board of Education may adopt any rules |
223 | necessary to implement the provisions of this section, including |
224 | uniform curriculum, funding, and second chance schools. Such |
225 | rules must shall require the minimum amount of paperwork and |
226 | reporting. |
227 | (22)(23) The Department of Juvenile Justice and the |
228 | Department of Education shall, in consultation with Workforce |
229 | Florida, Inc., the statewide Workforce Development Youth |
230 | Council, district school boards, community colleges, providers, |
231 | and others, shall jointly develop a multiagency plan for career |
232 | and technical education which describes the funding, curriculum, |
233 | transfer of credits, goals, and outcome measures for career and |
234 | technical education programming in juvenile commitment |
235 | facilities, pursuant to s. 985.3155. The plan must be reviewed |
236 | annually. |
237 | Section 3. Paragraph (a) of subsection (3) of section |
238 | 1010.20, Florida Statutes, is amended to read: |
239 | 1010.20 Cost accounting and reporting for school |
240 | districts.-- |
241 | (3) PROGRAM EXPENDITURE REQUIREMENTS.-- |
242 | (a) Each district shall expend at least the percent of the |
243 | funds generated by each of the programs listed in this section |
244 | on 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 |
249 | program basis, 90 percent. |
250 | 5. Grades 7 through 12 career and technical education |
251 | programs, on an aggregate program basis, 80 percent. |
252 | 6. Students-at-risk programs, on an aggregate program |
253 | basis, 80 percent. |
254 | 7. Juvenile justice programs, on an aggregate program |
255 | basis, 90 80 percent. |
256 | 8. Any new program established and funded under s. |
257 | 1011.62(1)(c), that is not included under subparagraphs 1.-7. |
258 | 1.-6., on an aggregate basis as appropriate, 80 percent. |
259 | Section 4. The Department of Education and the Department |
260 | of Juvenile Justice, in collaboration with the school districts, |
261 | juvenile justice education providers, and the Florida Juvenile |
262 | Justice Association, shall convene a workgroup to suggest |
263 | strategies for meeting the requirements of the federal No Child |
264 | Left Behind Act and for rewarding juvenile justice education |
265 | programs for high performance based on positive student |
266 | outcomes. The Department of Education shall report the findings |
267 | of the workgroup to the President of the Senate and the Speaker |
268 | of the House of Representatives by December 1, 2004. |
269 | Section 5. Subsection (3) of section 985.412, Florida |
270 | Statutes, is amended to read: |
271 | 985.412 Quality assurance and cost-effectiveness.-- |
272 | (3) The department shall annually collect and report cost |
273 | data for every program operated or contracted by the department. |
274 | The cost data shall conform to a format approved by the |
275 | department and the Legislature. Uniform cost data shall be |
276 | reported and collected for state-operated and contracted |
277 | programs so that comparisons can be made among programs. The |
278 | department shall ensure that there is accurate cost accounting |
279 | for state-operated services including market-equivalent rent and |
280 | other shared cost. The cost of the educational program provided |
281 | to a residential facility shall be reported and included in the |
282 | cost of a program. The department shall submit an annual cost |
283 | report to the President of the Senate, the Speaker of the House |
284 | of Representatives, the Minority Leader of each house of the |
285 | Legislature, the appropriate substantive and fiscal committees |
286 | of each house of the Legislature, and the Governor, no later |
287 | than December 1 of each year. Cost-benefit analysis for |
288 | educational programs will be developed and implemented in |
289 | collaboration with and in cooperation with the Department of |
290 | Education, local providers, and local school districts. Cost |
291 | data for the report shall include data collected by the |
292 | Department of Education for the purposes of preparing the annual |
293 | report required by s. 1003.52(19)(20). |
294 | Section 6. Paragraph (e) of subsection (16) of section |
295 | 1001.42, Florida Statutes, is amended to read: |
296 | 1001.42 Powers and duties of district school board.--The |
297 | district school board, acting as a board, shall exercise all |
298 | powers and perform all duties listed below: |
299 | (16) IMPLEMENT SCHOOL IMPROVEMENT AND |
300 | ACCOUNTABILITY.--Maintain a system of school improvement and |
301 | Maintain a system of school improvement and education |
302 | accountability as provided by statute and State Board of |
303 | Education rule. This system of school improvement and education |
304 | accountability shall be consistent with, and implemented |
305 | through, the district's continuing system of planning and |
306 | budgeting required by this section and ss. 1008.385, 1010.01, |
307 | and 1011.01. This system of school improvement and education |
308 | accountability shall include, but is not limited to, the |
309 | following: |
310 | (e) Public disclosure.--Provide information regarding |
311 | performance of students and educational programs as required |
312 | pursuant to ss. 1008.22 and 1008.385 and implement a system of |
313 | school reports as required by statute and State Board of |
314 | Education rule that shall include schools operating for the |
315 | purpose of providing educational services to youth in Department |
316 | of Juvenile Justice programs, and for those schools, report on |
317 | the elements specified in s. 1003.52(19)(20). Annual public |
318 | disclosure reports shall be in an easy-to-read report card |
319 | format and shall include the school's student and school |
320 | performance grade category designation and performance data as |
321 | specified in state board rule. |
322 | Section 7. This act shall take effect July 1, 2004. |