| 1 | A bill to be entitled |
| 2 | An act relating to juvenile justice; amending s. 985.02, |
| 3 | F.S.; requiring gender-specific programming within the |
| 4 | Department of Juvenile Justice for children in this state; |
| 5 | requiring the Office of Program Policy Analysis and |
| 6 | Government Accountability to conduct an analysis of |
| 7 | gender-specific programs in the Department of Juvenile |
| 8 | Justice; providing certain gender-specific information to |
| 9 | be included in the analysis; reenacting s. 985.3045(1) and |
| 10 | (3), F.S., relating to prevention service programs, for |
| 11 | the purpose of incorporating the amendment to s. 985.02, |
| 12 | F.S., in references thereto; amending s. 1003.51, F.S.; |
| 13 | increasing the percentage of Florida Education Finance |
| 14 | Program funding generated by students in juvenile justice |
| 15 | programs which must be spent on instructional costs; |
| 16 | amending s. 1003.52, F.S.; requiring school districts to |
| 17 | provide the GED exit option for juvenile justice programs; |
| 18 | requiring the Department of Education, by a specified |
| 19 | date, to select a student assessment instrument and |
| 20 | protocol for measuring student learning gains and student |
| 21 | progression in juvenile justice education programs; |
| 22 | requiring the instrument and protocol to be implemented |
| 23 | statewide by a specified date; requiring that students in |
| 24 | juvenile justice education programs have access to Florida |
| 25 | Virtual School courses; requiring the department and the |
| 26 | school districts to adopt policies ensuring such access; |
| 27 | providing that juvenile justice teachers are eligible for |
| 28 | all teacher recruitment and retention programs; providing |
| 29 | that juvenile justice education programs are eligible for |
| 30 | all federal funds; deleting a reference to second chance |
| 31 | schools; revising requirements for the plan for career and |
| 32 | technical education; amending s. 1010.20, F.S.; increasing |
| 33 | the percentage of the funds generated by juvenile justice |
| 34 | programs which the school district must expend on those |
| 35 | programs; requiring a workgroup to suggest strategies for |
| 36 | meeting the requirements of the No Child Left Behind Act |
| 37 | and for rewarding juvenile justice education programs for |
| 38 | high performance; requiring the department to report the |
| 39 | findings of the workgroup to legislative leaders by a |
| 40 | specified date; amending ss. 985.412 and 1001.42, F.S., to |
| 41 | conform; providing an effective date. |
| 42 |
|
| 43 | Be It Enacted by the Legislature of the State of Florida: |
| 44 |
|
| 45 | Section 1. Subsection (1) of section 985.02, Florida |
| 46 | Statutes, is amended, and subsection (8) is added to said |
| 47 | section, to read: |
| 48 | 985.02 Legislative intent for the juvenile justice |
| 49 | system.-- |
| 50 | (1) GENERAL PROTECTIONS FOR CHILDREN.--It is a purpose of |
| 51 | the Legislature that the children of this state be provided with |
| 52 | the following protections: |
| 53 | (a) Protection from abuse, neglect, and exploitation. |
| 54 | (b) A permanent and stable home. |
| 55 | (c) A safe and nurturing environment which will preserve a |
| 56 | sense of personal dignity and integrity. |
| 57 | (d) Adequate nutrition, shelter, and clothing. |
| 58 | (e) Effective treatment to address physical, social, and |
| 59 | emotional needs, regardless of geographical location. |
| 60 | (f) Equal opportunity and access to quality and effective |
| 61 | education, which will meet the individual needs of each child, |
| 62 | and to recreation and other community resources to develop |
| 63 | individual abilities. |
| 64 | (g) Access to preventive services. |
| 65 | (h) An independent, trained advocate when intervention is |
| 66 | necessary, and a skilled guardian or caretaker in a safe |
| 67 | environment when alternative placement is necessary. |
| 68 | (i) Gender-specific programming and gender-specific |
| 69 | program models and services that comprehensively address the |
| 70 | needs of a targeted gender group. |
| 71 | (8) GENDER-SPECIFIC PROGRAMMING.-- |
| 72 | (a) The Legislature finds that the prevention, treatment, |
| 73 | and rehabilitation needs of youth served by the juvenile justice |
| 74 | system are gender-specific. |
| 75 | (b) Gender-specific programming refers to unique program |
| 76 | models and services that comprehensively address the needs of a |
| 77 | targeted gender group. Gender-specific services require the |
| 78 | adherence to the principle of equity to ensure that the |
| 79 | different interests of young women and men are recognized and |
| 80 | varying needs are met, with equality as the desired outcome. |
| 81 | Gender-specific programming focuses on the differences between |
| 82 | young females' and young males' roles and responsibilities, |
| 83 | positions in society, access to and use of resources, and social |
| 84 | codes governing behavior. Gender-specific programs increase the |
| 85 | effectiveness of programs by making interventions more |
| 86 | appropriate to the specific needs of young women and men and |
| 87 | ensuring that these programs do not unknowingly create, |
| 88 | maintain, or reinforce gender roles or relations that may be |
| 89 | damaging. |
| 90 | (c) The Office of Program Policy Analysis and Government |
| 91 | Accountability shall conduct an analysis of programs for young |
| 92 | females within the Department of Juvenile Justice. The analysis |
| 93 | shall address the nature of young female offenders in this |
| 94 | state, the percentage of young females who are incarcerated in |
| 95 | the juvenile justice system for status offenses and violations |
| 96 | of probation, and whether these young females could be better |
| 97 | served in less costly community-based programs. In addition, the |
| 98 | review shall analyze whether existing juvenile justice programs |
| 99 | are designed to meet the gender-specific needs of young females |
| 100 | and an analysis of the true cost of providing gender-specific |
| 101 | services to young females. |
| 102 | Section 2. For the purpose of incorporating the amendment |
| 103 | to section 985.02, Florida Statutes, in references thereto, |
| 104 | subsections (1) and (3) of section 985.3045, Florida Statutes, |
| 105 | are reenacted to read: |
| 106 | 985.3045 Prevention service program; monitoring; report; |
| 107 | uniform performance measures.-- |
| 108 | (1) The department's prevention service program shall |
| 109 | monitor all state-funded programs, grants, appropriations, or |
| 110 | activities that are designed to prevent juvenile crime, |
| 111 | delinquency, gang membership, or status offense behaviors and |
| 112 | all state-funded programs, grants, appropriations, or activities |
| 113 | that are designed to prevent a child from becoming a "child in |
| 114 | need of services," as defined in chapter 984, in order to inform |
| 115 | the Governor and the Legislature concerning efforts designed to |
| 116 | further the policy of the state concerning juvenile justice and |
| 117 | delinquency prevention, consistent with ss. 984.02 and 985.02. |
| 118 | (3) The department shall expend funds related to the |
| 119 | prevention of juvenile delinquency in a manner consistent with |
| 120 | the policies expressed in ss. 984.02 and 985.02. The department |
| 121 | shall expend said funds in a manner that maximizes public |
| 122 | accountability and ensures the documentation of outcomes. |
| 123 | (a) All entities that receive or use state moneys to fund |
| 124 | juvenile delinquency prevention services through contracts or |
| 125 | grants with the department shall design the programs providing |
| 126 | such services to further one or more of the strategies specified |
| 127 | in paragraphs (2)(a)-(d). |
| 128 | (b) The department shall develop an outcome measure for |
| 129 | each program strategy specified in paragraphs (2)(a)-(d) that |
| 130 | logically relates to the risk factor addressed by the strategy. |
| 131 | (c) All entities that receive or use state moneys to fund |
| 132 | the juvenile delinquency prevention services through contracts |
| 133 | or grants with the department shall, as a condition of receipt |
| 134 | of state funds, provide the department with personal demographic |
| 135 | information concerning all participants in the service |
| 136 | sufficient to allow the department to verify criminal or |
| 137 | delinquent history information, school attendance or academic |
| 138 | information, employment information, or other requested |
| 139 | performance information. |
| 140 | Section 3. Paragraph (g) of subsection (2) of section |
| 141 | 1003.51, Florida Statutes, is amended to read: |
| 142 | 1003.51 Other public educational services.-- |
| 143 | (2) The State Board of Education shall adopt and maintain |
| 144 | an administrative rule articulating expectations for effective |
| 145 | education programs for youth in Department of Juvenile Justice |
| 146 | programs, including, but not limited to, education programs in |
| 147 | juvenile justice commitment and detention facilities. The rule |
| 148 | shall articulate policies and standards for education programs |
| 149 | for youth in Department of Juvenile Justice programs and shall |
| 150 | include the following: |
| 151 | (g) Funding requirements, which shall include the |
| 152 | requirement that at least 90 80 percent of the FEFP funds |
| 153 | generated by students in Department of Juvenile Justice programs |
| 154 | be spent on instructional costs for those students. One hundred |
| 155 | percent of the formula-based categorical funds generated by |
| 156 | students in Department of Juvenile Justice programs must be |
| 157 | spent on appropriate categoricals such as instructional |
| 158 | materials and public school technology for those students. |
| 159 | Section 4. Subsections (1), (2), (3), (4), (9), (10), |
| 160 | (12), (19), (20), (21), (22), and (23) of section 1003.52, |
| 161 | Florida Statutes, are amended to read: |
| 162 | 1003.52 Educational services in Department of Juvenile |
| 163 | Justice programs.-- |
| 164 | (1) The Legislature finds that education is the single |
| 165 | most important factor in the rehabilitation of adjudicated |
| 166 | delinquent youth in the custody of the Department of Juvenile |
| 167 | Justice programs in detention or commitment facilities. It is |
| 168 | the goal of the Legislature that youth in the juvenile justice |
| 169 | system continue to be allowed the opportunity to obtain a high |
| 170 | quality education. The Department of Education shall serve as |
| 171 | the lead agency for juvenile justice education programs, |
| 172 | curriculum, support services, and resources. To this end, the |
| 173 | Department of Education and the Department of Juvenile Justice |
| 174 | shall each designate a Coordinator for Juvenile Justice |
| 175 | Education Programs to serve as the point of contact for |
| 176 | resolving issues not addressed by district school boards and to |
| 177 | provide each department's participation in the following |
| 178 | activities: |
| 179 | (a) Training, collaborating, and coordinating with the |
| 180 | Department of Juvenile Justice, district school boards, |
| 181 | educational contract providers, and juvenile justice providers, |
| 182 | whether state operated or contracted. |
| 183 | (b) Collecting information on the academic performance of |
| 184 | students in juvenile justice commitment and detention programs |
| 185 | and reporting on the results. |
| 186 | (c) Developing academic and career and technical protocols |
| 187 | that provide guidance to district school boards and providers in |
| 188 | all aspects of education programming, including records transfer |
| 189 | and transition. |
| 190 | (d) Prescribing the roles of program personnel and |
| 191 | interdepartmental district school board or provider |
| 192 | collaboration strategies. |
| 193 |
|
| 194 | Annually, a cooperative agreement and plan for juvenile justice |
| 195 | education service enhancement shall be developed between the |
| 196 | Department of Juvenile Justice and the Department of Education |
| 197 | and submitted to the Secretary of Juvenile Justice and the |
| 198 | Commissioner of Education by June 30. |
| 199 | (2) Students participating in Department of Juvenile |
| 200 | Justice programs a detention, commitment, or rehabilitation |
| 201 | program pursuant to chapter 985 which are is sponsored by a |
| 202 | community-based agency or are is operated or contracted for by |
| 203 | the Department of Juvenile Justice shall receive educational |
| 204 | programs according to rules of the State Board of Education. |
| 205 | These students shall be eligible for services afforded to |
| 206 | students enrolled in programs pursuant to s. 1003.53 and all |
| 207 | corresponding State Board of Education rules. |
| 208 | (3) The district school board of the county in which the |
| 209 | residential or nonresidential care facility or juvenile |
| 210 | assessment facility is located shall provide appropriate |
| 211 | educational assessments and an appropriate program of |
| 212 | instruction and special education services. |
| 213 | (a) The district school board shall make provisions for |
| 214 | each student to participate in basic, career and technical |
| 215 | education, and exceptional student programs as appropriate. |
| 216 | Students served in Department of Juvenile Justice programs shall |
| 217 | have access to the appropriate courses and instruction to |
| 218 | prepare them for the GED test. Students participating in GED |
| 219 | preparation programs shall be funded at the basic program cost |
| 220 | factor for Department of Juvenile Justice programs in the |
| 221 | Florida Education Finance Program. Each program shall be |
| 222 | conducted according to applicable law providing for the |
| 223 | operation of public schools and rules of the State Board of |
| 224 | Education. School districts shall provide the GED exit option |
| 225 | for all juvenile justice programs. |
| 226 | (b) By October 1, 2004, the Department of Education, with |
| 227 | the assistance of the school districts, shall select a common |
| 228 | student assessment instrument and protocol for measuring student |
| 229 | learning gains and student progression while a student is in a |
| 230 | juvenile justice education program. The assessment instrument |
| 231 | and protocol must be implemented in all juvenile justice |
| 232 | education programs in this state by January 1, 2005. |
| 233 | (4) Educational services shall be provided at times of the |
| 234 | day most appropriate for the juvenile justice program. School |
| 235 | programming in juvenile justice detention, commitment, and |
| 236 | rehabilitation programs shall be made available by the local |
| 237 | school district during the juvenile justice school year, as |
| 238 | defined in s. 1003.01(11)(12). In addition, students in juvenile |
| 239 | justice education programs shall have access to Florida Virtual |
| 240 | School courses. The Department of Education and the school |
| 241 | districts shall adopt policies necessary to ensure such access. |
| 242 | (9) The Department of Education shall ensure that all |
| 243 | district school boards make provisions for high school level |
| 244 | committed youth to earn credits toward high school graduation |
| 245 | while in residential and nonresidential juvenile justice |
| 246 | facilities. Provisions must be made for the transfer of credits |
| 247 | and partial credits earned. |
| 248 | (10) The district school board shall recruit and train |
| 249 | teachers who are interested, qualified, or experienced in |
| 250 | educating students in juvenile justice programs. Students in |
| 251 | juvenile justice programs shall be provided a wide range of |
| 252 | educational programs and opportunities including textbooks, |
| 253 | technology, instructional support, and other resources available |
| 254 | to students in public schools. Teachers assigned to educational |
| 255 | programs in juvenile justice settings in which the district |
| 256 | school board operates the educational program shall be selected |
| 257 | by the district school board in consultation with the director |
| 258 | of the juvenile justice facility. Educational programs in |
| 259 | juvenile justice facilities shall have access to the substitute |
| 260 | teacher pool utilized by the district school board. Full-time |
| 261 | teachers working in juvenile justice schools, whether employed |
| 262 | by a district school board or a provider, shall be eligible for |
| 263 | the critical teacher shortage tuition reimbursement program as |
| 264 | defined by s. 1009.58 and other teacher recruitment and |
| 265 | retention programs. |
| 266 | (12) The district school board shall fund the educational |
| 267 | program in a Department of Juvenile Justice facility at the same |
| 268 | or higher level of funding for equivalent students in the |
| 269 | district school system based on the funds generated by state |
| 270 | funding through the Florida Education Finance Program for such |
| 271 | students. It is the intent of the Legislature that the school |
| 272 | district maximize its available local, state, and federal |
| 273 | funding to a juvenile justice program. |
| 274 | (a) Juvenile justice educational programs shall be funded |
| 275 | in the appropriate FEFP program based on the educational |
| 276 | services needed by the student for Department of Juvenile |
| 277 | Justice programs in accordance with s. 1011.62. |
| 278 | (b) Juvenile justice educational programs to receive the |
| 279 | appropriate FEFP funding for Department of Juvenile Justice |
| 280 | programs shall include those operated through a contract with |
| 281 | the Department of Juvenile Justice and which are under purview |
| 282 | of the Department of Juvenile Justice quality assurance |
| 283 | standards for education. |
| 284 | (c) Consistent with the rules of the State Board of |
| 285 | Education, district school boards are required to request an |
| 286 | alternative FTE survey for Department of Juvenile Justice |
| 287 | programs experiencing fluctuations in student enrollment. |
| 288 | (d) FTE count periods shall be prescribed in rules of the |
| 289 | State Board of Education and shall be the same for programs of |
| 290 | the Department of Juvenile Justice as for other public school |
| 291 | programs. The summer school period for students in Department of |
| 292 | Juvenile Justice programs shall begin on the day immediately |
| 293 | following the end of the regular school year and end on the day |
| 294 | immediately preceding the subsequent regular school year. |
| 295 | Students shall be funded for no more than 25 hours per week of |
| 296 | direct instruction. |
| 297 | (e) Each juvenile justice education program must receive |
| 298 | all federal funds for which the program is eligible. |
| 299 | (19) Department of Juvenile Justice detention and |
| 300 | commitment programs may be designated as second chance schools |
| 301 | pursuant to s. 1003.53(1)(d). Admission to such programs shall |
| 302 | be governed by chapter 985. |
| 303 | (19)(20) The Department of Education and the Department of |
| 304 | Juvenile Justice, after consultation with and assistance from |
| 305 | local providers and district school boards, shall report |
| 306 | annually to the Legislature by February 1 on the progress toward |
| 307 | developing effective educational programs for juvenile |
| 308 | delinquents, including the amount of funding provided by |
| 309 | district school boards to juvenile justice programs, the amount |
| 310 | retained for administration including documenting the purposes |
| 311 | for such expenses, the status of the development of cooperative |
| 312 | agreements, the results of the quality assurance reviews |
| 313 | including recommendations for system improvement, and |
| 314 | information on the identification of, and services provided to, |
| 315 | exceptional students in juvenile justice commitment facilities |
| 316 | to determine whether these students are properly reported for |
| 317 | funding and are appropriately served. |
| 318 | (20)(21) The educational programs at the Arthur Dozier |
| 319 | School for Boys in Jackson County and the Florida School for |
| 320 | Boys in Okeechobee shall be operated by the Department of |
| 321 | Education, either directly or through grants or contractual |
| 322 | agreements with other public or duly accredited education |
| 323 | agencies approved by the Department of Education. |
| 324 | (21)(22) The State Board of Education may adopt any rules |
| 325 | necessary to implement the provisions of this section, including |
| 326 | uniform curriculum, funding, and second chance schools. Such |
| 327 | rules must shall require the minimum amount of paperwork and |
| 328 | reporting. |
| 329 | (22)(23) The Department of Juvenile Justice and the |
| 330 | Department of Education shall, in consultation with Workforce |
| 331 | Florida, Inc., the statewide Workforce Development Youth |
| 332 | Council, district school boards, community colleges, providers, |
| 333 | and others, shall jointly develop a multiagency plan for career |
| 334 | and technical education which describes the funding, curriculum, |
| 335 | transfer of credits, goals, and outcome measures for career and |
| 336 | technical education programming in juvenile commitment |
| 337 | facilities, pursuant to s. 985.3155. The plan must be reviewed |
| 338 | annually. |
| 339 | Section 5. Paragraph (a) of subsection (3) of section |
| 340 | 1010.20, Florida Statutes, is amended to read: |
| 341 | 1010.20 Cost accounting and reporting for school |
| 342 | districts.-- |
| 343 | (3) PROGRAM EXPENDITURE REQUIREMENTS.-- |
| 344 | (a) Each district shall expend at least the percent of the |
| 345 | funds generated by each of the programs listed in this section |
| 346 | on the aggregate total school costs for such programs: |
| 347 | 1. Kindergarten and grades 1, 2, and 3, 90 percent. |
| 348 | 2. Grades 4, 5, 6, 7, and 8, 80 percent. |
| 349 | 3. Grades 9, 10, 11, and 12, 80 percent. |
| 350 | 4. Programs for exceptional students, on an aggregate |
| 351 | program basis, 90 percent. |
| 352 | 5. Grades 7 through 12 career and technical education |
| 353 | programs, on an aggregate program basis, 80 percent. |
| 354 | 6. Students-at-risk programs, on an aggregate program |
| 355 | basis, 80 percent. |
| 356 | 7. Juvenile justice programs, on an aggregate program |
| 357 | basis, 90 80 percent. |
| 358 | 8. Any new program established and funded under s. |
| 359 | 1011.62(1)(c), that is not included under subparagraphs 1.-7. |
| 360 | 1.-6., on an aggregate basis as appropriate, 80 percent. |
| 361 | Section 6. The Department of Education and the Department |
| 362 | of Juvenile Justice, in collaboration with the school districts, |
| 363 | juvenile justice education providers, and the Florida Juvenile |
| 364 | Justice Association, shall convene a workgroup to suggest |
| 365 | strategies for meeting the requirements of the federal No Child |
| 366 | Left Behind Act and for rewarding juvenile justice education |
| 367 | programs for high performance based on positive student |
| 368 | outcomes. The Department of Education shall report the findings |
| 369 | of the workgroup to the President of the Senate and the Speaker |
| 370 | of the House of Representatives by December 1, 2004. |
| 371 | Section 7. Subsection (3) of section 985.412, Florida |
| 372 | Statutes, is amended to read: |
| 373 | 985.412 Quality assurance and cost-effectiveness.-- |
| 374 | (3) The department shall annually collect and report cost |
| 375 | data for every program operated or contracted by the department. |
| 376 | The cost data shall conform to a format approved by the |
| 377 | department and the Legislature. Uniform cost data shall be |
| 378 | reported and collected for state-operated and contracted |
| 379 | programs so that comparisons can be made among programs. The |
| 380 | department shall ensure that there is accurate cost accounting |
| 381 | for state-operated services including market-equivalent rent and |
| 382 | other shared cost. The cost of the educational program provided |
| 383 | to a residential facility shall be reported and included in the |
| 384 | cost of a program. The department shall submit an annual cost |
| 385 | report to the President of the Senate, the Speaker of the House |
| 386 | of Representatives, the Minority Leader of each house of the |
| 387 | Legislature, the appropriate substantive and fiscal committees |
| 388 | of each house of the Legislature, and the Governor, no later |
| 389 | than December 1 of each year. Cost-benefit analysis for |
| 390 | educational programs will be developed and implemented in |
| 391 | collaboration with and in cooperation with the Department of |
| 392 | Education, local providers, and local school districts. Cost |
| 393 | data for the report shall include data collected by the |
| 394 | Department of Education for the purposes of preparing the annual |
| 395 | report required by s. 1003.52(19)(20). |
| 396 | Section 8. Paragraph (e) of subsection (16) of section |
| 397 | 1001.42, Florida Statutes, is amended to read: |
| 398 | 1001.42 Powers and duties of district school board.--The |
| 399 | district school board, acting as a board, shall exercise all |
| 400 | powers and perform all duties listed below: |
| 401 | (16) IMPLEMENT SCHOOL IMPROVEMENT AND |
| 402 | ACCOUNTABILITY.--Maintain a system of school improvement and |
| 403 | Maintain a system of school improvement and education |
| 404 | accountability as provided by statute and State Board of |
| 405 | Education rule. This system of school improvement and education |
| 406 | accountability shall be consistent with, and implemented |
| 407 | through, the district's continuing system of planning and |
| 408 | budgeting required by this section and ss. 1008.385, 1010.01, |
| 409 | and 1011.01. This system of school improvement and education |
| 410 | accountability shall include, but is not limited to, the |
| 411 | following: |
| 412 | (e) Public disclosure.--Provide information regarding |
| 413 | performance of students and educational programs as required |
| 414 | pursuant to ss. 1008.22 and 1008.385 and implement a system of |
| 415 | school reports as required by statute and State Board of |
| 416 | Education rule that shall include schools operating for the |
| 417 | purpose of providing educational services to youth in Department |
| 418 | of Juvenile Justice programs, and for those schools, report on |
| 419 | the elements specified in s. 1003.52(19)(20). Annual public |
| 420 | disclosure reports shall be in an easy-to-read report card |
| 421 | format and shall include the school's student and school |
| 422 | performance grade category designation and performance data as |
| 423 | specified in state board rule. |
| 424 | Section 9. This act shall take effect July 1, 2004. |