HB 1989

1
A bill to be entitled
2An act relating to juvenile justice; amending s. 985.02,
3F.S.; requiring gender-specific programming within the
4Department of Juvenile Justice for children in this state;
5requiring the Office of Program Policy Analysis and
6Government Accountability to conduct an analysis of
7gender-specific programs in the Department of Juvenile
8Justice; providing certain gender-specific information to
9be included in the analysis; reenacting s. 985.3045(1) and
10(3), F.S., relating to prevention service programs, for
11the purpose of incorporating the amendment to s. 985.02,
12F.S., in references thereto; amending s. 1003.51, F.S.;
13increasing the percentage of Florida Education Finance
14Program funding generated by students in juvenile justice
15programs which must be spent on instructional costs;
16amending s. 1003.52, F.S.; requiring school districts to
17provide the GED exit option for juvenile justice programs;
18requiring the Department of Education, by a specified
19date, to select a student assessment instrument and
20protocol for measuring student learning gains and student
21progression in juvenile justice education programs;
22requiring the instrument and protocol to be implemented
23statewide by a specified date; requiring that students in
24juvenile justice education programs have access to Florida
25Virtual School courses; requiring the department and the
26school districts to adopt policies ensuring such access;
27providing that juvenile justice teachers are eligible for
28all teacher recruitment and retention programs; providing
29that juvenile justice education programs are eligible for
30all federal funds; deleting a reference to second chance
31schools; revising requirements for the plan for career and
32technical education; amending s. 1010.20, F.S.; increasing
33the percentage of the funds generated by juvenile justice
34programs which the school district must expend on those
35programs; requiring a workgroup to suggest strategies for
36meeting the requirements of the No Child Left Behind Act
37and for rewarding juvenile justice education programs for
38high performance; requiring the department to report the
39findings of the workgroup to legislative leaders by a
40specified date; amending ss. 985.412 and 1001.42, F.S., to
41conform; providing an effective date.
42
43Be It Enacted by the Legislature of the State of Florida:
44
45     Section 1.  Subsection (1) of section 985.02, Florida
46Statutes, is amended, and subsection (8) is added to said
47section, to read:
48     985.02  Legislative intent for the juvenile justice
49system.--
50     (1)  GENERAL PROTECTIONS FOR CHILDREN.--It is a purpose of
51the Legislature that the children of this state be provided with
52the 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
56sense of personal dignity and integrity.
57     (d)  Adequate nutrition, shelter, and clothing.
58     (e)  Effective treatment to address physical, social, and
59emotional needs, regardless of geographical location.
60     (f)  Equal opportunity and access to quality and effective
61education, which will meet the individual needs of each child,
62and to recreation and other community resources to develop
63individual abilities.
64     (g)  Access to preventive services.
65     (h)  An independent, trained advocate when intervention is
66necessary, and a skilled guardian or caretaker in a safe
67environment when alternative placement is necessary.
68     (i)  Gender-specific programming and gender-specific
69program models and services that comprehensively address the
70needs of a targeted gender group.
71     (8)  GENDER-SPECIFIC PROGRAMMING.--
72     (a)  The Legislature finds that the prevention, treatment,
73and rehabilitation needs of youth served by the juvenile justice
74system are gender-specific.
75     (b)  Gender-specific programming refers to unique program
76models and services that comprehensively address the needs of a
77targeted gender group. Gender-specific services require the
78adherence to the principle of equity to ensure that the
79different interests of young women and men are recognized and
80varying needs are met, with equality as the desired outcome.
81Gender-specific programming focuses on the differences between
82young females' and young males' roles and responsibilities,
83positions in society, access to and use of resources, and social
84codes governing behavior. Gender-specific programs increase the
85effectiveness of programs by making interventions more
86appropriate to the specific needs of young women and men and
87ensuring that these programs do not unknowingly create,
88maintain, or reinforce gender roles or relations that may be
89damaging.
90     (c)  The Office of Program Policy Analysis and Government
91Accountability shall conduct an analysis of programs for young
92females within the Department of Juvenile Justice. The analysis
93shall address the nature of young female offenders in this
94state, the percentage of young females who are incarcerated in
95the juvenile justice system for status offenses and violations
96of probation, and whether these young females could be better
97served in less costly community-based programs. In addition, the
98review shall analyze whether existing juvenile justice programs
99are designed to meet the gender-specific needs of young females
100and an analysis of the true cost of providing gender-specific
101services to young females.
102     Section 2.  For the purpose of incorporating the amendment
103to section 985.02, Florida Statutes, in references thereto,
104subsections (1) and (3) of section 985.3045, Florida Statutes,
105are reenacted to read:
106     985.3045  Prevention service program; monitoring; report;
107uniform performance measures.--
108     (1)  The department's prevention service program shall
109monitor all state-funded programs, grants, appropriations, or
110activities that are designed to prevent juvenile crime,
111delinquency, gang membership, or status offense behaviors and
112all state-funded programs, grants, appropriations, or activities
113that are designed to prevent a child from becoming a "child in
114need of services," as defined in chapter 984, in order to inform
115the Governor and the Legislature concerning efforts designed to
116further the policy of the state concerning juvenile justice and
117delinquency prevention, consistent with ss. 984.02 and 985.02.
118     (3)  The department shall expend funds related to the
119prevention of juvenile delinquency in a manner consistent with
120the policies expressed in ss. 984.02 and 985.02. The department
121shall expend said funds in a manner that maximizes public
122accountability and ensures the documentation of outcomes.
123     (a)  All entities that receive or use state moneys to fund
124juvenile delinquency prevention services through contracts or
125grants with the department shall design the programs providing
126such services to further one or more of the strategies specified
127in paragraphs (2)(a)-(d).
128     (b)  The department shall develop an outcome measure for
129each program strategy specified in paragraphs (2)(a)-(d) that
130logically relates to the risk factor addressed by the strategy.
131     (c)  All entities that receive or use state moneys to fund
132the juvenile delinquency prevention services through contracts
133or grants with the department shall, as a condition of receipt
134of state funds, provide the department with personal demographic
135information concerning all participants in the service
136sufficient to allow the department to verify criminal or
137delinquent history information, school attendance or academic
138information, employment information, or other requested
139performance information.
140     Section 3.  Paragraph (g) of subsection (2) of section
1411003.51, Florida Statutes, is amended to read:
142     1003.51  Other public educational services.--
143     (2)  The State Board of Education shall adopt and maintain
144an administrative rule articulating expectations for effective
145education programs for youth in Department of Juvenile Justice
146programs, including, but not limited to, education programs in
147juvenile justice commitment and detention facilities. The rule
148shall articulate policies and standards for education programs
149for youth in Department of Juvenile Justice programs and shall
150include the following:
151     (g)  Funding requirements, which shall include the
152requirement that at least 90 80 percent of the FEFP funds
153generated by students in Department of Juvenile Justice programs
154be spent on instructional costs for those students. One hundred
155percent of the formula-based categorical funds generated by
156students in Department of Juvenile Justice programs must be
157spent on appropriate categoricals such as instructional
158materials 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,
161Florida Statutes, are amended to read:
162     1003.52  Educational services in Department of Juvenile
163Justice programs.--
164     (1)  The Legislature finds that education is the single
165most important factor in the rehabilitation of adjudicated
166delinquent youth in the custody of the Department of Juvenile
167Justice programs in detention or commitment facilities. It is
168the goal of the Legislature that youth in the juvenile justice
169system continue to be allowed the opportunity to obtain a high
170quality education. The Department of Education shall serve as
171the lead agency for juvenile justice education programs,
172curriculum, support services, and resources. To this end, the
173Department of Education and the Department of Juvenile Justice
174shall each designate a Coordinator for Juvenile Justice
175Education Programs to serve as the point of contact for
176resolving issues not addressed by district school boards and to
177provide each department's participation in the following
178activities:
179     (a)  Training, collaborating, and coordinating with the
180Department of Juvenile Justice, district school boards,
181educational contract providers, and juvenile justice providers,
182whether state operated or contracted.
183     (b)  Collecting information on the academic performance of
184students in juvenile justice commitment and detention programs
185and reporting on the results.
186     (c)  Developing academic and career and technical protocols
187that provide guidance to district school boards and providers in
188all aspects of education programming, including records transfer
189and transition.
190     (d)  Prescribing the roles of program personnel and
191interdepartmental district school board or provider
192collaboration strategies.
193
194Annually, a cooperative agreement and plan for juvenile justice
195education service enhancement shall be developed between the
196Department of Juvenile Justice and the Department of Education
197and submitted to the Secretary of Juvenile Justice and the
198Commissioner of Education by June 30.
199     (2)  Students participating in Department of Juvenile
200Justice programs a detention, commitment, or rehabilitation
201program pursuant to chapter 985 which are is sponsored by a
202community-based agency or are is operated or contracted for by
203the Department of Juvenile Justice shall receive educational
204programs according to rules of the State Board of Education.
205These students shall be eligible for services afforded to
206students enrolled in programs pursuant to s. 1003.53 and all
207corresponding State Board of Education rules.
208     (3)  The district school board of the county in which the
209residential or nonresidential care facility or juvenile
210assessment facility is located shall provide appropriate
211educational assessments and an appropriate program of
212instruction and special education services.
213     (a)  The district school board shall make provisions for
214each student to participate in basic, career and technical
215education, and exceptional student programs as appropriate.
216Students served in Department of Juvenile Justice programs shall
217have access to the appropriate courses and instruction to
218prepare them for the GED test. Students participating in GED
219preparation programs shall be funded at the basic program cost
220factor for Department of Juvenile Justice programs in the
221Florida Education Finance Program. Each program shall be
222conducted according to applicable law providing for the
223operation of public schools and rules of the State Board of
224Education. School districts shall provide the GED exit option
225for all juvenile justice programs.
226     (b)  By October 1, 2004, the Department of Education, with
227the assistance of the school districts, shall select a common
228student assessment instrument and protocol for measuring student
229learning gains and student progression while a student is in a
230juvenile justice education program. The assessment instrument
231and protocol must be implemented in all juvenile justice
232education programs in this state by January 1, 2005.
233     (4)  Educational services shall be provided at times of the
234day most appropriate for the juvenile justice program. School
235programming in juvenile justice detention, commitment, and
236rehabilitation programs shall be made available by the local
237school district during the juvenile justice school year, as
238defined in s. 1003.01(11)(12). In addition, students in juvenile
239justice education programs shall have access to Florida Virtual
240School courses. The Department of Education and the school
241districts shall adopt policies necessary to ensure such access.
242     (9)  The Department of Education shall ensure that all
243district school boards make provisions for high school level
244committed youth to earn credits toward high school graduation
245while in residential and nonresidential juvenile justice
246facilities. Provisions must be made for the transfer of credits
247and partial credits earned.
248     (10)  The district school board shall recruit and train
249teachers who are interested, qualified, or experienced in
250educating students in juvenile justice programs. Students in
251juvenile justice programs shall be provided a wide range of
252educational programs and opportunities including textbooks,
253technology, instructional support, and other resources available
254to students in public schools. Teachers assigned to educational
255programs in juvenile justice settings in which the district
256school board operates the educational program shall be selected
257by the district school board in consultation with the director
258of the juvenile justice facility. Educational programs in
259juvenile justice facilities shall have access to the substitute
260teacher pool utilized by the district school board. Full-time
261teachers working in juvenile justice schools, whether employed
262by a district school board or a provider, shall be eligible for
263the critical teacher shortage tuition reimbursement program as
264defined by s. 1009.58 and other teacher recruitment and
265retention programs.
266     (12)  The district school board shall fund the educational
267program in a Department of Juvenile Justice facility at the same
268or higher level of funding for equivalent students in the
269district school system based on the funds generated by state
270funding through the Florida Education Finance Program for such
271students. It is the intent of the Legislature that the school
272district maximize its available local, state, and federal
273funding to a juvenile justice program.
274     (a)  Juvenile justice educational programs shall be funded
275in the appropriate FEFP program based on the educational
276services needed by the student for Department of Juvenile
277Justice programs in accordance with s. 1011.62.
278     (b)  Juvenile justice educational programs to receive the
279appropriate FEFP funding for Department of Juvenile Justice
280programs shall include those operated through a contract with
281the Department of Juvenile Justice and which are under purview
282of the Department of Juvenile Justice quality assurance
283standards for education.
284     (c)  Consistent with the rules of the State Board of
285Education, district school boards are required to request an
286alternative FTE survey for Department of Juvenile Justice
287programs experiencing fluctuations in student enrollment.
288     (d)  FTE count periods shall be prescribed in rules of the
289State Board of Education and shall be the same for programs of
290the Department of Juvenile Justice as for other public school
291programs. The summer school period for students in Department of
292Juvenile Justice programs shall begin on the day immediately
293following the end of the regular school year and end on the day
294immediately preceding the subsequent regular school year.
295Students shall be funded for no more than 25 hours per week of
296direct instruction.
297     (e)  Each juvenile justice education program must receive
298all federal funds for which the program is eligible.
299     (19)  Department of Juvenile Justice detention and
300commitment programs may be designated as second chance schools
301pursuant to s. 1003.53(1)(d). Admission to such programs shall
302be governed by chapter 985.
303     (19)(20)  The Department of Education and the Department of
304Juvenile Justice, after consultation with and assistance from
305local providers and district school boards, shall report
306annually to the Legislature by February 1 on the progress toward
307developing effective educational programs for juvenile
308delinquents, including the amount of funding provided by
309district school boards to juvenile justice programs, the amount
310retained for administration including documenting the purposes
311for such expenses, the status of the development of cooperative
312agreements, the results of the quality assurance reviews
313including recommendations for system improvement, and
314information on the identification of, and services provided to,
315exceptional students in juvenile justice commitment facilities
316to determine whether these students are properly reported for
317funding and are appropriately served.
318     (20)(21)  The educational programs at the Arthur Dozier
319School for Boys in Jackson County and the Florida School for
320Boys in Okeechobee shall be operated by the Department of
321Education, either directly or through grants or contractual
322agreements with other public or duly accredited education
323agencies approved by the Department of Education.
324     (21)(22)  The State Board of Education may adopt any rules
325necessary to implement the provisions of this section, including
326uniform curriculum, funding, and second chance schools. Such
327rules must shall require the minimum amount of paperwork and
328reporting.
329     (22)(23)  The Department of Juvenile Justice and the
330Department of Education shall, in consultation with Workforce
331Florida, Inc., the statewide Workforce Development Youth
332Council, district school boards, community colleges, providers,
333and others, shall jointly develop a multiagency plan for career
334and technical education which describes the funding, curriculum,
335transfer of credits, goals, and outcome measures for career and
336technical education programming in juvenile commitment
337facilities, pursuant to s. 985.3155. The plan must be reviewed
338annually.
339     Section 5.  Paragraph (a) of subsection (3) of section
3401010.20, Florida Statutes, is amended to read:
341     1010.20  Cost accounting and reporting for school
342districts.--
343     (3)  PROGRAM EXPENDITURE REQUIREMENTS.--
344     (a)  Each district shall expend at least the percent of the
345funds generated by each of the programs listed in this section
346on 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
351program basis, 90 percent.
352     5.  Grades 7 through 12 career and technical education
353programs, on an aggregate program basis, 80 percent.
354     6.  Students-at-risk programs, on an aggregate program
355basis, 80 percent.
356     7.  Juvenile justice programs, on an aggregate program
357basis, 90 80 percent.
358     8.  Any new program established and funded under s.
3591011.62(1)(c), that is not included under subparagraphs 1.-7.
3601.-6., on an aggregate basis as appropriate, 80 percent.
361     Section 6.  The Department of Education and the Department
362of Juvenile Justice, in collaboration with the school districts,
363juvenile justice education providers, and the Florida Juvenile
364Justice Association, shall convene a workgroup to suggest
365strategies for meeting the requirements of the federal No Child
366Left Behind Act and for rewarding juvenile justice education
367programs for high performance based on positive student
368outcomes. The Department of Education shall report the findings
369of the workgroup to the President of the Senate and the Speaker
370of the House of Representatives by December 1, 2004.
371     Section 7.  Subsection (3) of section 985.412, Florida
372Statutes, is amended to read:
373     985.412  Quality assurance and cost-effectiveness.--
374     (3)  The department shall annually collect and report cost
375data for every program operated or contracted by the department.
376The cost data shall conform to a format approved by the
377department and the Legislature. Uniform cost data shall be
378reported and collected for state-operated and contracted
379programs so that comparisons can be made among programs. The
380department shall ensure that there is accurate cost accounting
381for state-operated services including market-equivalent rent and
382other shared cost. The cost of the educational program provided
383to a residential facility shall be reported and included in the
384cost of a program. The department shall submit an annual cost
385report to the President of the Senate, the Speaker of the House
386of Representatives, the Minority Leader of each house of the
387Legislature, the appropriate substantive and fiscal committees
388of each house of the Legislature, and the Governor, no later
389than December 1 of each year. Cost-benefit analysis for
390educational programs will be developed and implemented in
391collaboration with and in cooperation with the Department of
392Education, local providers, and local school districts. Cost
393data for the report shall include data collected by the
394Department of Education for the purposes of preparing the annual
395report required by s. 1003.52(19)(20).
396     Section 8.  Paragraph (e) of subsection (16) of section
3971001.42, Florida Statutes, is amended to read:
398     1001.42  Powers and duties of district school board.--The
399district school board, acting as a board, shall exercise all
400powers and perform all duties listed below:
401     (16)  IMPLEMENT SCHOOL IMPROVEMENT AND
402ACCOUNTABILITY.--Maintain a system of school improvement and
403Maintain a system of school improvement and education
404accountability as provided by statute and State Board of
405Education rule. This system of school improvement and education
406accountability shall be consistent with, and implemented
407through, the district's continuing system of planning and
408budgeting required by this section and ss. 1008.385, 1010.01,
409and 1011.01. This system of school improvement and education
410accountability shall include, but is not limited to, the
411following:
412     (e)  Public disclosure.--Provide information regarding
413performance of students and educational programs as required
414pursuant to ss. 1008.22 and 1008.385 and implement a system of
415school reports as required by statute and State Board of
416Education rule that shall include schools operating for the
417purpose of providing educational services to youth in Department
418of Juvenile Justice programs, and for those schools, report on
419the elements specified in s. 1003.52(19)(20). Annual public
420disclosure reports shall be in an easy-to-read report card
421format and shall include the school's student and school
422performance grade category designation and performance data as
423specified in state board rule.
424     Section 9.  This act shall take effect July 1, 2004.


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