Senate Bill sb2326c1

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    Florida Senate - 2004                           CS for SB 2326

    By the Committee on Education; and Senator Bennett





    304-2457-04

  1                      A bill to be entitled

  2         An act relating to juvenile justice education;

  3         amending s. 1003.51, F.S.; increasing the

  4         percentage of Florida Education Finance Program

  5         funding generated by students in juvenile

  6         justice programs which must be spent on

  7         instructional costs; providing that all

  8         formula-based categorical program funds must be

  9         spent on juvenile justice students; amending s.

10         1003.52, F.S.; requiring each school district

11         to make the GED exit-option available to

12         students in a juvenile justice program;

13         requiring the Department of Education, by a

14         specified date, to select an assessment

15         instrument for use in juvenile justice

16         education programs; requiring the instrument

17         and protocol to be implemented statewide by a

18         specified date; requiring that students in

19         juvenile justice education programs have access

20         to Florida Virtual School courses; requiring

21         the department and the school districts to

22         adopt policies ensuring such access; providing

23         that juvenile justice teachers are eligible for

24         all teacher recruitment and retention programs;

25         directing district school boards to provide

26         juvenile justice education programs an

27         equitable allocation of federal funds; deleting

28         a reference to second chance schools; amending

29         requirements for the plan for career and

30         technical education; amending s. 1010.20, F.S.;

31         increasing the percentage of the funds

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    Florida Senate - 2004                           CS for SB 2326
    304-2457-04




 1         generated by juvenile justice programs which

 2         the school district must expend on those

 3         programs; requiring a workgroup to suggest

 4         strategies for meeting the requirements of the

 5         No Child Left Behind Act and for rewarding

 6         juvenile justice education programs for high

 7         performance; requiring the department to report

 8         the findings of the workgroup to legislative

 9         leaders by a specified date; amending ss.

10         985.412 and 1001.42, F.S., to conform;

11         providing an effective date.

12  

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

14  

15         Section 1.  Paragraph (g) of subsection (2) of section

16  1003.51, Florida Statutes, is amended to read:

17         1003.51  Other public educational services.--

18         (2)  The State Board of Education shall adopt and

19  maintain an administrative rule articulating expectations for

20  effective education programs for youth in Department of

21  Juvenile Justice programs, including, but not limited to,

22  education programs in juvenile justice commitment and

23  detention facilities. The rule shall articulate policies and

24  standards for education programs for youth in Department of

25  Juvenile Justice programs and shall include the following:

26         (g)  Funding requirements, which shall include the

27  requirement that at least 90 80 percent of the FEFP funds

28  generated by students in Department of Juvenile Justice

29  programs be spent on instructional costs for those students.

30  One hundred percent of all the formula-based categorical

31  program funds for which juvenile justice students are

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    Florida Senate - 2004                           CS for SB 2326
    304-2457-04




 1  eligible, generated by students in Department of Juvenile

 2  Justice programs must be spent on the educational programs

 3  appropriate categoricals such as instructional materials and

 4  public school technology for those students.

 5         Section 2.  Subsections (1), (2), (3), (4), (9), (10),

 6  (12), (19), (20), (21), (22), and (23) of section 1003.52,

 7  Florida Statutes, are amended to read:

 8         1003.52  Educational services in Department of Juvenile

 9  Justice programs.--

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

11  most important factor in the rehabilitation of adjudicated

12  delinquent youth in the custody of the Department of Juvenile

13  Justice programs in detention or commitment facilities. It is

14  the goal of the Legislature that youth in the juvenile justice

15  system continue to be allowed the opportunity to obtain a high

16  quality education. The Department of Education shall serve as

17  the lead agency for juvenile justice education programs,

18  curriculum, support services, and resources. To this end, the

19  Department of Education and the Department of Juvenile Justice

20  shall each designate a Coordinator for Juvenile Justice

21  Education Programs to serve as the point of contact for

22  resolving issues not addressed by district school boards and

23  to provide each department's participation in the following

24  activities:

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

26  Department of Juvenile Justice, district school boards,

27  educational contract providers, and juvenile justice

28  providers, whether state operated or contracted.

29         (b)  Collecting information on the academic performance

30  of students in juvenile justice commitment and detention

31  programs and reporting on the results.

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    Florida Senate - 2004                           CS for SB 2326
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 1         (c)  Developing academic and career and technical

 2  protocols that provide guidance to district school boards and

 3  providers in all aspects of education programming, including

 4  records transfer and transition.

 5         (d)  Prescribing the roles of program personnel and

 6  interdepartmental district school board or provider

 7  collaboration strategies.

 8  

 9  Annually, a cooperative agreement and plan for juvenile

10  justice education service enhancement shall be developed

11  between the Department of Juvenile Justice and the Department

12  of Education and submitted to the Secretary of Juvenile

13  Justice and the Commissioner of Education by June 30.

14         (2)  Students participating in Department of Juvenile

15  Justice programs a detention, commitment, or rehabilitation

16  program pursuant to chapter 985 which are is sponsored by a

17  community-based agency or are is operated or contracted for by

18  the Department of Juvenile Justice shall receive educational

19  programs according to rules of the State Board of Education.

20  These students shall be eligible for services afforded to

21  students enrolled in programs pursuant to s. 1003.53 and all

22  corresponding State Board of Education rules.

23         (3)  The district school board of the county in which

24  the residential or nonresidential care facility or juvenile

25  assessment facility is located shall provide appropriate

26  educational assessments and an appropriate program of

27  instruction and special education services.

28         (a)  The district school board shall make provisions

29  for each student to participate in basic, career and technical

30  education, and exceptional student education programs as

31  appropriate. Students served in Department of Juvenile Justice

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    Florida Senate - 2004                           CS for SB 2326
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 1  programs shall have access to the appropriate courses and

 2  instruction to prepare them for the GED test. Students

 3  participating in GED preparation programs shall be funded at

 4  the basic program cost factor for Department of Juvenile

 5  Justice programs in the Florida Education Finance Program. A

 6  school district shall make the GED exit option available to

 7  any student in a juvenile justice program. Each program shall

 8  be conducted according to applicable law providing for the

 9  operation of public schools and rules of the State Board of

10  Education.

11         (b)  The Department of Education shall take the

12  necessary steps to identify and select a uniform entry and

13  exit assessment instrument or instruments to use in juvenile

14  justice education programs during the 2005-2006 school year.

15         (4)  Educational services shall be provided at times of

16  the day most appropriate for the juvenile justice program.

17  School programming in juvenile justice detention, commitment,

18  and rehabilitation programs shall be made available by the

19  local school district during the juvenile justice school year,

20  as defined in s. 1003.01(11)(12). In addition, students in

21  juvenile justice education programs shall have access to

22  Florida Virtual School courses. The Department of Education

23  and the school districts shall adopt policies necessary to

24  ensure such access.

25         (9)  The Department of Education shall ensure that all

26  district school boards make provisions for high school level

27  committed youth to earn credits toward high school graduation

28  while in residential and nonresidential juvenile justice

29  facilities. Provisions must be made for the transfer of

30  credits and partial credits earned.

31  

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    Florida Senate - 2004                           CS for SB 2326
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 1         (10)  The district school board shall recruit and train

 2  teachers who are interested, qualified, or experienced in

 3  educating students in juvenile justice programs. Students in

 4  juvenile justice programs shall be provided a wide range of

 5  educational programs and opportunities including textbooks,

 6  technology, instructional support, and other resources

 7  available to students in public schools. Teachers assigned to

 8  educational programs in juvenile justice settings in which the

 9  district school board operates the educational program shall

10  be selected by the district school board in consultation with

11  the director of the juvenile justice facility. Educational

12  programs in juvenile justice facilities shall have access to

13  the substitute teacher pool utilized by the district school

14  board. Full-time teachers working in juvenile justice schools,

15  whether employed by a district school board or a provider,

16  shall be eligible for the critical teacher shortage tuition

17  reimbursement program as defined by s. 1009.58 and other

18  teacher recruitment and retention programs.

19         (12)  The district school board shall fund the

20  educational program in a Department of Juvenile Justice

21  facility at the same or higher level of funding for equivalent

22  students in the district school system based on the funds

23  generated by state funding through the Florida Education

24  Finance Program for such students. It is the intent of the

25  Legislature that the school district maximize its available

26  local, state, and federal funding to a juvenile justice

27  program.

28         (a)  Juvenile justice educational programs shall be

29  funded in the appropriate FEFP program based on the

30  educational services needed by the student for Department of

31  Juvenile Justice programs in accordance with s. 1011.62.

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    Florida Senate - 2004                           CS for SB 2326
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 1         (b)  Juvenile justice educational programs to receive

 2  the appropriate FEFP funding for Department of Juvenile

 3  Justice programs shall include those operated through a

 4  contract with the Department of Juvenile Justice and which are

 5  under purview of the Department of Juvenile Justice quality

 6  assurance standards for education.

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

 8  Education, district school boards are required to request an

 9  alternative FTE survey for Department of Juvenile Justice

10  programs experiencing fluctuations in student enrollment.

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

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

13  programs of the Department of Juvenile Justice as for other

14  public school programs. The summer school period for students

15  in Department of Juvenile Justice programs shall begin on the

16  day immediately following the end of the regular school year

17  and end on the day immediately preceding the subsequent

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

19  25 hours per week of direct instruction.

20         (e)  When establishing priorities for the allocation of

21  federal funds, the district school board must ensure that

22  eligible students enrolled in juvenile justice education

23  programs receive an equitable allocation of those funds.

24         (19)  Department of Juvenile Justice detention and

25  commitment programs may be designated as second chance schools

26  pursuant to s. 1003.53(1)(d). Admission to such programs shall

27  be governed by chapter 985.

28         (19)(20)  The Department of Education and the

29  Department of Juvenile Justice, after consultation with and

30  assistance from local providers and district school boards,

31  shall report annually to the Legislature by February 1 on the

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    Florida Senate - 2004                           CS for SB 2326
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 1  progress toward developing effective educational programs for

 2  juvenile delinquents, including the amount of funding provided

 3  by district school boards to juvenile justice programs, the

 4  amount retained for administration including documenting the

 5  purposes for such expenses, the status of the development of

 6  cooperative agreements, the results of the quality assurance

 7  reviews including recommendations for system improvement, and

 8  information on the identification of, and services provided

 9  to, exceptional students in juvenile justice commitment

10  facilities to determine whether these students are properly

11  reported for funding and are appropriately served.

12         (20)(21)  The educational programs at the Arthur Dozier

13  School for Boys in Jackson County and the Florida School for

14  Boys in Okeechobee shall be operated by the Department of

15  Education, either directly or through grants or contractual

16  agreements with other public or duly accredited education

17  agencies approved by the Department of Education.

18         (21)(22)  The State Board of Education may adopt any

19  rules necessary to implement the provisions of this section,

20  including uniform curriculum, funding, and second chance

21  schools. Such rules must shall require the minimum amount of

22  paperwork and reporting.

23         (22)(23)  The Department of Juvenile Justice and the

24  Department of Education shall, in consultation with Workforce

25  Florida, Inc., the statewide Workforce Development Youth

26  Council, district school boards, community colleges,

27  providers, and others, shall jointly develop a multiagency

28  plan for career and technical education which describes the

29  funding, curriculum, transfer of credits, goals, and outcome

30  measures for career and technical education programming in

31  

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    Florida Senate - 2004                           CS for SB 2326
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 1  juvenile commitment facilities, pursuant to s. 985.3155. The

 2  plan must be reviewed annually.

 3         Section 3.  Paragraph (a) of subsection (3) of section

 4  1010.20, Florida Statutes, is amended to read:

 5         1010.20  Cost accounting and reporting for school

 6  districts.--

 7         (3)  PROGRAM EXPENDITURE REQUIREMENTS.--

 8         (a)  Each district shall expend at least the percent of

 9  the funds generated by each of the programs listed in this

10  section on the aggregate total school costs for such programs:

11         1.  Kindergarten and grades 1, 2, and 3, 90 percent.

12         2.  Grades 4, 5, 6, 7, and 8, 80 percent.

13         3.  Grades 9, 10, 11, and 12, 80 percent.

14         4.  Programs for exceptional students, on an aggregate

15  program basis, 90 percent.

16         5.  Grades 7 through 12 career and technical education

17  programs, on an aggregate program basis, 80 percent.

18         6.  Students-at-risk programs, on an aggregate program

19  basis, 80 percent.

20         7.  Juvenile justice programs, on an aggregate program

21  basis, 90 80 percent.

22         8.  Any new program established and funded under s.

23  1011.62(1)(c), that is not included under subparagraphs 1.-7.

24  1.-6., on an aggregate basis as appropriate, 80 percent.

25         Section 4.  The Department of Education and the

26  Department of Juvenile Justice, in collaboration with the

27  school districts, juvenile justice education providers, and

28  the Florida Juvenile Justice Association, shall convene a

29  workgroup to suggest strategies for meeting the requirements

30  of the federal No Child Left Behind Act and for rewarding

31  juvenile justice education programs for high performance based

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    Florida Senate - 2004                           CS for SB 2326
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 1  on positive student outcomes. The Department of Education

 2  shall report the findings of the workgroup to the President of

 3  the Senate and the Speaker of the House of Representatives by

 4  December 1, 2004.

 5         Section 5.  Subsection (3) of section 985.412, Florida

 6  Statutes, is amended to read:

 7         985.412  Quality assurance and cost-effectiveness.--

 8         (3)  The department shall annually collect and report

 9  cost data for every program operated or contracted by the

10  department. The cost data shall conform to a format approved

11  by the department and the Legislature. Uniform cost data shall

12  be reported and collected for state-operated and contracted

13  programs so that comparisons can be made among programs. The

14  department shall ensure that there is accurate cost accounting

15  for state-operated services including market-equivalent rent

16  and other shared cost. The cost of the educational program

17  provided to a residential facility shall be reported and

18  included in the cost of a program. The department shall submit

19  an annual cost report to the President of the Senate, the

20  Speaker of the House of Representatives, the Minority Leader

21  of each house of the Legislature, the appropriate substantive

22  and fiscal committees of each house of the Legislature, and

23  the Governor, no later than December 1 of each year.

24  Cost-benefit analysis for educational programs will be

25  developed and implemented in collaboration with and in

26  cooperation with the Department of Education, local providers,

27  and local school districts. Cost data for the report shall

28  include data collected by the Department of Education for the

29  purposes of preparing the annual report required by s.

30  1003.52(19)(20).

31  

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    Florida Senate - 2004                           CS for SB 2326
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 1         Section 6.  Paragraph (e) of subsection (16) of section

 2  1001.42, Florida Statutes, is amended to read:

 3         1001.42  Powers and duties of district school

 4  board.--The district school board, acting as a board, shall

 5  exercise all powers and perform all duties listed below:

 6         (16)  IMPLEMENT SCHOOL IMPROVEMENT AND

 7  ACCOUNTABILITY.--Maintain a system of school improvement and

 8  education accountability as provided by statute and State

 9  Board of Education rule. This system of school improvement and

10  education accountability shall be consistent with, and

11  implemented through, the district's continuing system of

12  planning and budgeting required by this section and ss.

13  1008.385, 1010.01, and 1011.01. This system of school

14  improvement and education accountability shall include, but is

15  not limited to, the following:

16         (e)  Public disclosure.--Provide information regarding

17  performance of students and educational programs as required

18  pursuant to ss. 1008.22 and 1008.385 and implement a system of

19  school reports as required by statute and State Board of

20  Education rule that shall include schools operating for the

21  purpose of providing educational services to youth in

22  Department of Juvenile Justice programs, and for those

23  schools, report on the elements specified in s.

24  1003.52(19)(20). Annual public disclosure reports shall be in

25  an easy-to-read report card format and shall include the

26  school's student and school performance grade category

27  designation and performance data as specified in state board

28  rule.

29         Section 7.  This act shall take effect July 1, 2004.

30  

31  

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    Florida Senate - 2004                           CS for SB 2326
    304-2457-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                             SB 2326

 3                                 

 4  The committee substitute:

 5  Removes the proposed Juvenile Justice cost factor from the
    bill.
 6  
    Requires the expenditure of all formula based categorical
 7  program funds on the education of eligible juvenile justice
    students.
 8  
    Requires school districts to make the GED exit option
 9  available to any student in a juvenile justice program.

10  Requires the Department of Education to identify and select a
    uniform entry and exit assessment instrument for use in
11  juvenile justice education programs during the 2005-2006
    school year.
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    Provides for ensuring that eligible juvenile justice students
13  receive an equitable amount of federal funds.

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