Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 834
Barcode 370770
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/01/2012 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Budget Subcommittee on Criminal and Civil
Justice Appropriations (Thrasher) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Present subsections (30) through (57) of section
6 985.03, Florida Statutes, are redesignated as subsections (31)
7 through (58), respectively, and a new subsection (30) is added
8 to that section, to read:
9 985.03 Definitions.—As used in this chapter, the term:
10 (30) “Juvenile justice education programs” has the same
11 meaning as provided in s. 1003.01(11)(a).
12 Section 2. Subsection (6) is added to section 985.46,
13 Florida Statutes, to read:
14 985.46 Conditional release.—
15 (6) Each juvenile committed to a commitment program shall
16 have a transition plan upon release. Transition planning shall
17 begin for each juvenile upon placement in a commitment program
18 and shall result in an individual transition plan for each youth
19 before he or she is released. The transition plan shall be
20 developed with the participation of the youth, representatives
21 of the commitment program, school district personnel, and
22 representatives of conditional release or postcommitment
23 probation programs, if appropriate. The transition plan shall
24 include an education transition plan component as provided in s.
25 1003.515(10), as well as information regarding pertinent
26 delinquency treatment and intervention services that are
27 accessible upon exiting the program.
28 (a) For a juvenile who is released on conditional release
29 or postcommitment probation status, the transition plan shall be
30 incorporated into the conditions of release.
31 (b) For a juvenile who is not released on conditional
32 release or postcommitment probation status, the transition plan
33 shall be explained to the youth and provided upon release, with
34 all necessary referrals having been made at least 30 days before
35 the youth exits the program.
36 (c) For a juvenile who participates in a nonresidential
37 program, the transition plan shall be explained to the youth and
38 provided upon release. For a juvenile who participates in a
39 nonresidential program and who is released on conditional
40 release or postcommitment probation status, the transition plan
41 shall be incorporated into the conditions of release.
42 Section 3. Section 985.618, Florida Statutes, is amended to
43 read:
44 (Substantial rewording of section. See
45 s. 985.618, F.S., for present text.)
46 985.618 Education and workforce-related programs.—
47 (1) The Legislature intends for youth in juvenile justice
48 programs to be provided a quality education that includes
49 workforce-related skills that lead to continuing education or
50 meaningful employment, or both, and that results in reduced
51 rates of recidivism.
52 (2) The department, in collaboration with the Department of
53 Education, shall annually verify that each juvenile justice
54 education program, at a minimum:
55 (a) Provides access to virtual course offerings that
56 maximize learning opportunities for youth.
57 (b) Encourages access to virtual counseling to address the
58 educational and workforce needs of adjudicated youth.
59 (c) Provides instruction from individuals who hold industry
60 credentials in the occupational areas in which they teach.
61 (d) Ensures that students in juvenile justice residential
62 education programs have access to virtual instruction or
63 instruction offered by volunteers during evenings and weekends.
64 (e) Considers, before placement, the age, interests, prior
65 education, training, work experience, emotional and mental
66 abilities, treatment needs, and physical capabilities of the
67 youth and the duration of the term of placement imposed.
68 (f) Provides specialized instruction, related services,
69 accommodations, and modifications as are necessary to ensure the
70 provision of a free, appropriate public education for students
71 with disabilities.
72 (g) Expends funds in a manner that directly supports the
73 attainment of successful student outcomes as specified in s.
74 1003.515(7) and that allows youth to engage in real work
75 situations whenever possible.
76 (3) The department shall collaborate with the Department of
77 Education, the Department of Economic Opportunity, school
78 districts, and private providers to adopt rules to administer
79 this section.
80 Section 4. Section 985.632, Florida Statutes, is amended to
81 read:
82 985.632 Quality assurance and cost-effectiveness.—
83 (1) It is the intent of the Legislature that the
84 department:
85 (a) Ensure that information be provided to decisionmakers
86 in a timely manner so that resources are allocated to programs
87 of the department which achieve desired performance levels.
88 (b) Provide information about the cost of such programs and
89 their differential effectiveness so that the quality of such
90 programs can be compared and improvements made continually.
91 (c) Provide information to aid in developing related policy
92 issues and concerns.
93 (d) Provide information to the public about the
94 effectiveness of such programs in meeting established goals and
95 objectives.
96 (e) Provide a basis for a system of accountability so that
97 each client is afforded the best programs to meet his or her
98 needs.
99 (f) Improve service delivery to clients.
100 (g) Modify or eliminate activities that are not effective.
101 (2) As used in this section, the term:
102 (a) “Client” means any person who is being provided
103 treatment or services by the department or by a provider under
104 contract with the department.
105 (b) “Program component” means an aggregation of generally
106 related objectives which, because of their special character,
107 related workload, and interrelated output, can logically be
108 considered an entity for purposes of organization, management,
109 accounting, reporting, and budgeting.
110 (c) “Program effectiveness” means the ability of the
111 program to achieve desired client outcomes, goals, and
112 objectives.
113 (3) The department shall annually collect and report cost
114 data for every program operated by the department or its
115 contracted provider or contracted by the department. The cost
116 data shall conform to a format approved by the department and
117 the Legislature. Uniform cost data shall be reported and
118 collected for each education program operated by a school
119 district or private provider contracted by a school district
120 state-operated and contracted programs so that comparisons can
121 be made among programs. The Department of Education shall ensure
122 that there is accurate cost accounting for education programs
123 operated by school districts, including those programs operated
124 by private providers under contract with school districts state
125 operated services including market-equivalent rent and other
126 shared cost. The cost of the educational program provided to a
127 residential facility shall be reported and included in the cost
128 of a program. The Department of Education shall submit an annual
129 cost data report to the department President of the Senate, the
130 Speaker of the House of Representatives, the Minority Leader of
131 each house of the Legislature, the appropriate substantive and
132 fiscal committees of each house of the Legislature, and the
133 Governor, no later than December 1 of each year. The annual cost
134 data shall be included in the annual report required in
135 subsection (7). Cost-benefit analysis for juvenile justice
136 education educational programs shall will be developed and
137 implemented in collaboration with and in cooperation with the
138 Department of Education, local providers, and local school
139 districts. Cost data for the report shall include data collected
140 by the Department of Education for the purposes of preparing the
141 annual report required by s. 1003.52(19).
142 (4)(a) The department, in consultation with the Office of
143 Economic and Demographic Research and contract service
144 providers, shall develop a cost-effectiveness model and apply
145 the model to each commitment program. Program recidivism rates
146 shall be a component of the model. The cost-effectiveness model
147 shall compare program costs to client outcomes and program
148 outputs. It is the intent of the Legislature that continual
149 development efforts take place to improve the validity and
150 reliability of the cost-effectiveness model.
151 (b) The department shall rank commitment programs based on
152 the cost-effectiveness model and shall submit a report to the
153 appropriate substantive and fiscal committees of each house of
154 the Legislature by December 31 of each year.
155 (c) Based on reports of the department on client outcomes
156 and program outputs and on the department’s most recent cost
157 effectiveness rankings, the department may terminate a program
158 operated by the department or a provider if the program has
159 failed to achieve a minimum threshold of program effectiveness.
160 This paragraph does not preclude the department from terminating
161 a contract as provided under this section or as otherwise
162 provided by law or contract, and does not limit the department’s
163 authority to enter into or terminate a contract.
164 (d) In collaboration with the Office of Economic and
165 Demographic Research, and contract service providers, the
166 department shall develop a work plan to refine the cost
167 effectiveness model so that the model is consistent with the
168 performance-based program budgeting measures approved by the
169 Legislature to the extent the department deems appropriate. The
170 department shall notify the Office of Program Policy Analysis
171 and Government Accountability of any meetings to refine the
172 model.
173 (e) Contingent upon specific appropriation, the department,
174 in consultation with the Office of Economic and Demographic
175 Research, and contract service providers, shall:
176 1. Construct a profile of each commitment program that uses
177 the results of the quality assurance report required by this
178 section, the cost-effectiveness report required in this
179 subsection, and other reports available to the department.
180 2. Target, for a more comprehensive evaluation, any
181 commitment program that has achieved consistently high, low, or
182 disparate ratings in the reports required under subparagraph 1.
183 3. Identify the essential factors that contribute to the
184 high, low, or disparate program ratings.
185 4. Use the results of these evaluations in developing or
186 refining juvenile justice programs or program models, client
187 outcomes and program outputs, provider contracts, quality
188 assurance standards, and the cost-effectiveness model.
189 (5)(a) Program effectiveness shall be determined by
190 implementing systematic data collection, data analysis, and
191 education and workforce-related program evaluations pursuant to
192 this section and s. 1003.515.
193 (b) The evaluation of juvenile justice education and
194 workforce-related programs shall be based on the performance
195 outcomes provided in s. 1003.515(7).
196 (6)(5) The department shall:
197 (a) Establish a comprehensive quality assurance system for
198 each program operated by the department or its contracted
199 provider operated by a provider under contract with the
200 department. Each contract entered into by the department must
201 provide for quality assurance.
202 (b) Provide operational definitions of and criteria for
203 quality assurance for each specific program component.
204 (c) Establish quality assurance goals and objectives for
205 each specific program component.
206 (d) Establish the information and specific data elements
207 required for the quality assurance program.
208 (e) Develop a quality assurance manual of specific,
209 standardized terminology and procedures to be followed by each
210 program.
211 (f) Evaluate each program operated by the department or its
212 contracted a provider under a contract with the department and
213 establish minimum thresholds for each program component. If a
214 provider fails to meet the established minimum thresholds, such
215 failure shall cause the department to cancel the provider’s
216 contract unless the provider achieves compliance with minimum
217 thresholds within 6 months or unless there are documented
218 extenuating circumstances. In addition, the department may not
219 contract with the same provider for the canceled service for a
220 period of 12 months. If a department-operated program fails to
221 meet the established minimum thresholds, the department must
222 take necessary and sufficient steps to ensure and document
223 program changes to achieve compliance with the established
224 minimum thresholds. If the department-operated program fails to
225 achieve compliance with the established minimum thresholds
226 within 6 months and if there are no documented extenuating
227 circumstances, the department must notify the Executive Office
228 of the Governor and the Legislature of the corrective action
229 taken. Appropriate corrective action may include, but is not
230 limited to:
231 1. Contracting out for the services provided in the
232 program;
233 2. Initiating appropriate disciplinary action against all
234 employees whose conduct or performance is deemed to have
235 materially contributed to the program’s failure to meet
236 established minimum thresholds;
237 3. Redesigning the program; or
238 4. Realigning the program.
239
240 The department shall submit an annual report to the President of
241 the Senate, the Speaker of the House of Representatives, the
242 Minority Leader of each house of the Legislature, the
243 appropriate substantive and fiscal committees of each house of
244 the Legislature, and the Governor, no later than February 1 of
245 each year. The annual report must contain, at a minimum, for
246 each specific program component: a comprehensive description of
247 the population served by the program; a specific description of
248 the services provided by the program; cost; a comparison of
249 expenditures to federal and state funding; immediate and long
250 range concerns; and recommendations to maintain, expand,
251 improve, modify, or eliminate each program component so that
252 changes in services lead to enhancement in program quality. The
253 department shall ensure the reliability and validity of the
254 information contained in the report.
255 (7) The department, in collaboration with the Department of
256 Education and in consultation with the school districts and
257 private juvenile justice education program providers, shall
258 prepare an annual report containing the education performance
259 outcomes, based on the criteria in s. 1003.515(7), of youth in
260 juvenile justice education programs. The report shall delineate
261 the performance outcomes of youth in the state, in each school
262 district’s juvenile justice education program, and for each
263 private provider’s juvenile justice education program, including
264 the performance outcomes of all major student populations and
265 genders, as determined by the Department of Education. The
266 report shall address the use and successful completion of
267 virtual instruction courses and the successful implementation of
268 transition and reintegration plans. The report must include an
269 analysis of the performance of youth over time, including, but
270 not limited to, additional education attainment, employment,
271 earnings, industry certification, and rates of recidivism. The
272 report must also include recommendations for improving
273 performance outcomes and for additional cost savings and
274 efficiencies. The report shall be submitted to the Governor, the
275 President of the Senate, and the Speaker of the House of
276 Representatives by February 15, 2014, and each year thereafter.
277 (8)(6) The department shall collect and analyze available
278 statistical data for the purpose of ongoing evaluation of all
279 programs. The department shall provide the Legislature with
280 necessary information and reports to enable the Legislature to
281 make informed decisions regarding the effectiveness of, and any
282 needed changes in, services, programs, policies, and laws.
283 Section 5. Section 985.721, Florida Statutes, is amended to
284 read:
285 985.721 Escapes from secure detention or residential
286 commitment facility.—An escape from:
287 (1) Any secure detention facility maintained for the
288 temporary detention of children, pending adjudication,
289 disposition, or placement;
290 (2) Any residential commitment facility described in s.
291 985.03(46) 985.03(45), maintained for the custody, treatment,
292 punishment, or rehabilitation of children found to have
293 committed delinquent acts or violations of law; or
294 (3) Lawful transportation to or from any such secure
295 detention facility or residential commitment facility,
296
297 constitutes escape within the intent and meaning of s. 944.40
298 and is a felony of the third degree, punishable as provided in
299 s. 775.082, s. 775.083, or s. 775.084.
300 Section 6. Paragraph (b) of subsection (18) of section
301 1001.42, Florida Statutes, is amended to read:
302 1001.42 Powers and duties of district school board.—The
303 district school board, acting as a board, shall exercise all
304 powers and perform all duties listed below:
305 (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.
306 Maintain a state system of school improvement and education
307 accountability as provided by statute and State Board of
308 Education rule. This system of school improvement and education
309 accountability shall be consistent with, and implemented
310 through, the district’s continuing system of planning and
311 budgeting required by this section and ss. 1008.385, 1010.01,
312 and 1011.01. This system of school improvement and education
313 accountability shall comply with the provisions of ss. 1008.33,
314 1008.34, 1008.345, and 1008.385 and include the following:
315 (b) Public disclosure.—The district school board shall
316 provide information regarding the performance of students in and
317 education educational programs as required pursuant to ss.
318 1008.22 and 1008.385 and implement a system of school reports as
319 required by statute and State Board of Education rule which
320 shall include schools operating for the purpose of providing
321 education educational services to youth in Department of
322 Juvenile Justice residential and nonresidential programs, and
323 for those programs schools, report on the data and education
324 outcomes elements specified in s. 1003.515(7) 1003.52(19).
325 Annual public disclosure reports shall be in an easy-to-read
326 report card format and shall include the school’s grade, high
327 school graduation rate calculated without GED tests,
328 disaggregated by student ethnicity, and performance data as
329 specified in state board rule.
330 Section 7. Subsection (20) of section 1002.20, Florida
331 Statutes, is amended to read:
332 1002.20 K-12 student and parent rights.—Parents of public
333 school students must receive accurate and timely information
334 regarding their child’s academic progress and must be informed
335 of ways they can help their child to succeed in school. K-12
336 students and their parents are afforded numerous statutory
337 rights including, but not limited to, the following:
338 (20) JUVENILE JUSTICE PROGRAMS.—Students who are in
339 juvenile justice programs have the right to receive educational
340 programs and services in accordance with the provisions of s.
341 1003.515 1003.52.
342 Section 8. Paragraph (b) of subsection (1) of section
343 1002.45, Florida Statutes, is amended to read:
344 1002.45 Virtual instruction programs.—
345 (1) PROGRAM.—
346 (b) Each school district that is eligible for the sparsity
347 supplement pursuant to s. 1011.62(7) shall provide all enrolled
348 public school students within its boundaries the option of
349 participating in part-time and full-time virtual instruction
350 programs. Each school district that is not eligible for the
351 sparsity supplement shall provide at least three options for
352 part-time and full-time virtual instruction. All school
353 districts must provide parents with timely written notification
354 of an open enrollment period for full-time students of at least
355 90 days that ends no later than 30 days before prior to the
356 first day of the school year. The purpose of the program is to
357 make quality virtual instruction available to students using
358 online and distance learning technology in the nontraditional
359 classroom. A school district virtual instruction program shall
360 provide the following:
361 1. Full-time virtual instruction for students enrolled in
362 kindergarten through grade 12.
363 2. Part-time virtual instruction for students enrolled in
364 grades 9 through 12 courses that are measured pursuant to
365 subparagraph (8)(a)2.
366 3. Full-time or part-time virtual instruction for students
367 enrolled in dropout prevention and academic intervention
368 programs under s. 1003.53, Department of Juvenile Justice
369 education programs under s. 1003.515 1003.52, core-curricula
370 courses to meet class size requirements under s. 1003.03, or
371 Florida College System institutions under this section.
372 Section 9. Paragraph (a) of subsection (11) of section
373 1003.01, Florida Statutes, is amended to read:
374 1003.01 Definitions.—As used in this chapter, the term:
375 (11)(a) “Juvenile justice education programs or schools”
376 means programs or schools operating for the purpose of providing
377 educational services to youth in Department of Juvenile Justice
378 programs, for a school year comprised of 250 days of instruction
379 distributed over 12 months. At the request of the provider, a
380 district school board may decrease the minimum number of days of
381 instruction by up to 10 days for teacher planning for
382 residential programs and up to 20 days for teacher planning for
383 nonresidential programs, subject to the approval of the
384 Department of Juvenile Justice and the Department of Education.
385 Section 10. Section 1003.515, Florida Statutes, is created
386 to read:
387 1003.515 The Florida Juvenile Justice Education Act.—
388 (1) SHORT TITLE.—This section may be cited as the “Florida
389 Juvenile Justice Education Act.”
390 (2) LEGISLATIVE FINDING.—The Legislature finds that an
391 education is the single most important factor in the
392 rehabilitation of adjudicated youth who are in Department of
393 Juvenile Justice residential and nonresidential programs.
394 (3) PURPOSES.—The purposes of this section are to:
395 (a) Provide performance-based outcome measures and
396 accountability for juvenile justice education programs; and
397 (b) Improve academic and workforce-related outcomes so that
398 adjudicated and at-risk youth may successfully complete the
399 transition to and reenter the academic and workforce
400 environments.
401 (4) DEFINITION.—For purposes of this section, the term
402 “juvenile justice education programs” has the same meaning as in
403 s. 1003.01(11)(a).
404 (5) SCHOOL DISTRICT AND CONTRACTED EDUCATION PROVIDER
405 RESPONSIBILITIES.—
406 (a) A school district or private provider contracted by a
407 school district to offer education services to youth in a
408 juvenile justice education program shall:
409 1. Provide rigorous and relevant academic and workforce
410 related curricula that will lead to industry certifications or
411 occupational completion points in an occupational area
412 identified in the Industry Certification Funding list adopted by
413 the State Board of Education, or articulate to secondary or
414 postsecondary-level coursework, as appropriate.
415 2. Support state, local, and regional economic development
416 demands.
417 3. Make high-wage and high-demand careers more accessible
418 to adjudicated and at-risk youth.
419 4. Reduce rates of recidivism for adjudicated youth.
420 5. Provide access to the appropriate courses and
421 instruction to prepare youth for a standard high school diploma,
422 a special diploma, or a high school equivalency diploma, as
423 appropriate.
424 6. Provide access to virtual education courses that are
425 appropriate to meet the requirements of academic or workforce
426 related programs and the requirements for continuing education
427 specified in the youth’s transition and postrelease plans.
428 7. Provide opportunities for earning credits toward high
429 school graduation or credits that articulate to postsecondary
430 education institutions while the youth are in residential and
431 nonresidential juvenile justice facilities.
432 8. Ensure that the credits and partial credits earned by
433 the youth are transferred and included in the youth’s records as
434 part of the transition plan.
435 9. Ensure that the education program consists of the
436 appropriate academic, workforce-related, or exceptional
437 education curricula and related services that directly support
438 performance outcomes, which must be specified in each youth’s
439 education transition plan component as required by subsection
440 (10).
441 10. If the duration of a youth’s stay in a program is less
442 than 40 days, ensure that the youth receives employability, life
443 skills, and academic remediation, as appropriate. In addition,
444 counseling and transition services must be provided which
445 mitigate the youth’s identified risk factors and prepare the
446 youth for a successful reintegration into the school, community,
447 and home settings.
448 11. Maintain an academic record for each youth who is
449 enrolled in a juvenile justice facility, as required by s.
450 1003.51, and ensure that the coursework, credits, partial
451 credits, occupational completion points, and industry
452 certifications earned by the youth are transferred and included
453 in the youth’s transition plan pursuant to s. 985.46.
454 (b) Each school district and private provider shall ensure
455 that the following youth participate in the program:
456 1. Youth who are of compulsory school attendance age
457 pursuant to s. 1003.21.
458 2. Youth who are not of compulsory school attendance age
459 and who have not received a high school diploma or its
460 equivalent, if the youth is in a residential or nonresidential
461 juvenile justice program. Such youth must participate in the
462 education program and participate in a workforce-related
463 education program that leads to industry certification or
464 occupational completion points in an occupational area
465 identified in the Industry Certification Funding list adopted by
466 the State Board of Education. This subparagraph does not limit
467 the rights of students with disabilities, as defined under the
468 Individuals with Disabilities Education Act, who are not of
469 compulsory school attendance age and who have not received a
470 high school diploma to receive a free, appropriate public
471 education in accordance with their individualized needs.
472 3. Youth who have attained a high school diploma or its
473 equivalent and who are not employed. Such youth must participate
474 in a workforce-related education program that leads to
475 employment in an occupational area identified in the Industry
476 Certification Funding list adopted by the State Board of
477 Education. Such youth may enroll in a state postsecondary
478 institution to complete the workforce-related education program
479 and are exempt from the payment of tuition and fees pursuant to
480 s. 1009.25(1)(g).
481 (6) PROGRAM REQUIREMENTS.—In compliance with the strategic
482 5-year plan under s. 1003.491, each juvenile justice residential
483 and nonresidential education program shall, in collaboration
484 with the regional workforce board or economic development agency
485 and local postsecondary institutions, determine the appropriate
486 occupational areas for the program. Juvenile justice education
487 programs must:
488 (a) Ensure that rigorous academic and workforce-related
489 coursework is offered and meets or exceeds appropriate state
490 approved subject area standards, and results in the attainment
491 of industry certification and postsecondary credit, when
492 appropriate;
493 (b) Ensure instruction from individuals who hold state
494 certifications, school district certifications pursuant to ss.
495 1012.39 and 1012.55(1), or industry credentials in the
496 occupational areas in which they teach;
497 (c) Maximize the use of private sector personnel;
498 (d) Use strategies to maximize the delivery of virtual
499 instruction;
500 (e) Maximize instructional efficiency for youth in juvenile
501 justice facilities;
502 (f) Provide opportunities for youth to earn weighted or
503 dual enrollment credit for higher-level courses, when
504 appropriate;
505 (g) Promote credit recovery; and
506 (h) Provide instruction that results in competency,
507 certification, or credentials in workplace skills, including,
508 but not limited to, communication skills, interpersonal skills,
509 decisionmaking skills, work ethic, and the importance of
510 attendance and timeliness in the work environment.
511 (7) DEPARTMENT RESPONSIBILITIES.—
512 (a) The department shall identify each residential and
513 nonresidential juvenile justice education program, excluding
514 detention programs, as having one of the following performance
515 ratings as defined by State Board of Education rule:
516 1. High performance.
517 2. Adequate performance.
518 3. Failing performance.
519 (b) The department shall consider the level of rigor
520 associated with the attainment of a particular outcome when
521 assigning weight to the outcome. The department shall evaluate
522 the following elements in determining a juvenile justice
523 education program’s performance rating:
524 1. One or more of the following outcomes for a youth who is
525 14 years of age or younger:
526 a. Achieving academic progress in reading and mathematics,
527 as measured by the statewide common pre- and post-assessment
528 adopted by the department for use in juvenile justice education
529 programs.
530 b. Participating in continuing education upon release from
531 a juvenile justice residential or nonresidential program.
532 c. Completing secondary coursework upon release from a
533 juvenile justice residential or nonresidential program.
534 d. Attaining occupational completion points in an
535 occupational area identified in the Industry Certification
536 Funding list adopted by the State Board of Education.
537 e. Attaining an industry certification in an occupational
538 area identified in the Industry Certification Funding list
539 adopted by the State Board of Education, if available and
540 appropriate.
541 2. One or more of the following outcomes for a youth who is
542 15 years of age or older:
543 a. Achieving academic progress in reading and mathematics,
544 as measured by the statewide common pre- and post-assessment
545 adopted by the department for use in juvenile justice education
546 programs.
547 b. Participating in continuing education upon release from
548 a juvenile justice residential or nonresidential program.
549 c. Earning secondary or postsecondary credit upon release
550 from a juvenile justice residential or nonresidential program.
551 d. Attaining a high school diploma or its equivalent upon
552 release from a juvenile justice residential or nonresidential
553 program.
554 e. Obtaining employment upon release from a juvenile
555 justice residential or nonresidential program.
556 f. Attaining an industry certification in an occupational
557 area identified in the Industry Certification Funding list
558 adopted by the State Board of Education.
559 g. Attaining occupational completion points in an
560 occupational area identified in the Industry Certification
561 Funding list adopted by the State Board of Education.
562 h. Participating in continuing education upon release from
563 a juvenile justice residential or nonresidential program in
564 order to complete the industry certification identified in the
565 Industry Certification Funding list adopted by the State Board
566 of Education.
567 (c) By September 1, 2012, the department shall make
568 available a common student pre- and post-assessment to measure
569 the academic progress in reading and mathematics of youth who
570 are assigned to juvenile justice education programs.
571
572 For purposes of performance ratings, juvenile justice
573 residential and nonresidential education programs, excluding
574 detention centers, shall be held accountable for the performance
575 outcomes of youth for no more than 6 months after the release of
576 youth from the residential or nonresidential program. This
577 subsection does not abrogate the provisions of s. 1002.22 which
578 relate to education records or the requirements of 20 U.S.C. s.
579 1232g, the Family Educational Rights and Privacy Act.
580 (8) PROGRAM ACCOUNTABILITY.—
581 (a) The department shall, in collaboration with the
582 Department of Juvenile Justice:
583 1. Monitor the education performance of youth in juvenile
584 justice facilities.
585 2. Prohibit school districts or private providers that have
586 failing performance ratings from delivering the education
587 services.
588 3. Verify that a school district is operating or
589 contracting with a private provider to deliver education
590 services.
591 (b) If a school district’s juvenile justice residential or
592 nonresidential education program earns two failing performance
593 ratings in any 3-year period, as provided in subsection (7), the
594 school district shall contract with a private provider that has
595 an adequate or higher performance rating or enter into an
596 agreement with a school district that has an adequate or higher
597 performance rating to deliver the education services to the
598 youth in the program.
599 (c) Except as provided in paragraph (b), the school
600 district of the county in which the residential or
601 nonresidential facility is located shall deliver education
602 services to youth in Department of Juvenile Justice programs. A
603 school district may contract with a private provider to deliver
604 the education services in lieu of directly providing the
605 education services. The contract shall include performance
606 criteria as provided in subsection (7).
607 (d) When determining educational placement for youth who
608 enroll in a school district upon release, the school district
609 must adhere to the transition plan established under s.
610 985.46(6).
611 (e) If a private provider under contract with a school
612 district maintains an adequate or high-performance rating
613 pursuant to subsection (7), the school district may not require
614 a private provider to use the school district’s personnel.
615 (f) Academic instructional personnel must be certified by
616 the Department of Education; however, a nondegreed teacher of
617 career education may be certified by a local school district
618 under s. 1012.39 and may be designated as teaching out-of-field.
619 An instructor who is deemed to be an expert in a specific field
620 may be employed under s. 1012.55(1).
621 (g) Each school district must provide juvenile justice
622 education programs access to substitute classroom teachers used
623 by the school district.
624 (9) EXITING PROGRAM.—Upon exiting a program, a youth must:
625 (a) Attain an industry certification or occupational
626 completion points in an occupational area identified in the
627 Industry Certification Funding list adopted by the State Board
628 of Education;
629 (b) Enroll in a program to complete the industry
630 certification;
631 (c) Be gainfully employed and earning full-time wages; or
632 (d) Enroll in and continue his or her education based on
633 the transition and postrelease plan provided in s. 958.46.
634 (10) EDUCATION TRANSITION PLAN COMPONENT.—
635 (a) The education transition plan component shall be
636 incorporated in the transition plan pursuant to s. 985.46(6).
637 (b) Each juvenile justice education program must develop an
638 education transition plan component during the course of a
639 youth’s stay in a juvenile justice residential or nonresidential
640 program which coordinates academic and workforce services and
641 assists the youth in successful community reintegration upon the
642 youth’s release.
643 (c) The development of the education transition plan
644 component shall begin upon a youth’s placement in the program.
645 The education transition plan component must include the
646 academic and workforce services to be provided during the
647 program stay and the establishment of services to be implemented
648 upon release. The appropriate personnel in the juvenile justice
649 residential and nonresidential program, the members of the
650 community, the youth, and the youth’s family, when appropriate,
651 shall collaborate to develop the education transition plan
652 component.
653 (d) Education planning for reintegration shall begin when
654 placement decisions are made and continue throughout the youth’s
655 stay in order to provide for continuing education, job
656 placement, and other necessary services. Individuals who are
657 responsible for reintegration shall coordinate activities to
658 ensure that the education transition plan component is
659 successfully implemented and a youth is provided access to
660 support services that will sustain the youth’s success once he
661 or she is no longer under the supervision of the Department of
662 Juvenile Justice. The education transition plan component must
663 provide for continuing education, workforce development, or
664 meaningful job placement pursuant to the performance outcomes in
665 subsection (7). For purposes of this section, the term
666 “reintegration” means the process by which a youth returns to
667 the community following release from a juvenile justice program.
668 (11) FACILITIES.—The district school board may not be
669 charged any rent, maintenance, utilities, or overhead on the
670 facilities. Maintenance, repairs, and remodeling of existing
671 facilities shall be provided by the Department of Juvenile
672 Justice.
673 (12) RULEMAKING.—The State Board of Education shall
674 collaborate with the Department of Juvenile Justice, the
675 Department of Economic Opportunity, school districts, and
676 private providers to adopt rules pursuant to ss. 120.536(1) and
677 120.54 to administer this section which must include provisions
678 for uniform contracts and contract requirements between school
679 districts and private providers.
680 Section 11. Section 1003.52, Florida Statutes, is amended
681 to read:
682 1003.52 Educational services in Department of Juvenile
683 Justice programs.—
684 (1) The Legislature finds that education is the single most
685 important factor in the rehabilitation of adjudicated delinquent
686 youth in the custody of Department of Juvenile Justice programs.
687 It is the goal of the Legislature that youth in the juvenile
688 justice system continue to be allowed the opportunity to obtain
689 a high quality education. The Department of Education shall
690 serve as the lead agency for juvenile justice education
691 programs, curriculum, support services, and resources. To this
692 end, the Department of Education and the Department of Juvenile
693 Justice shall each designate a Coordinator for Juvenile Justice
694 Education Programs to serve as the point of contact for
695 resolving issues not addressed by district school boards and to
696 provide each department’s participation in the following
697 activities:
698 (a) Training, collaborating, and coordinating with the
699 Department of Juvenile Justice, district school boards,
700 educational contract providers, and juvenile justice providers,
701 whether state operated or contracted.
702 (b) Collecting information on the academic performance of
703 students in juvenile justice programs and reporting on the
704 results.
705 (c) Developing academic and career protocols that provide
706 guidance to district school boards and providers in all aspects
707 of education programming, including records transfer and
708 transition.
709 (d) Prescribing the roles of program personnel and
710 interdepartmental district school board or provider
711 collaboration strategies.
712
713 Annually, a cooperative agreement and plan for juvenile justice
714 education service enhancement shall be developed between the
715 Department of Juvenile Justice and the Department of Education
716 and submitted to the Secretary of Juvenile Justice and the
717 Commissioner of Education by June 30.
718 (2) Students participating in Department of Juvenile
719 Justice programs pursuant to chapter 985 which are sponsored by
720 a community-based agency or are operated or contracted for by
721 the Department of Juvenile Justice shall receive educational
722 programs according to rules of the State Board of Education.
723 These students shall be eligible for services afforded to
724 students enrolled in programs pursuant to s. 1003.53 and all
725 corresponding State Board of Education rules.
726 (3) The district school board of the county in which the
727 residential or nonresidential care facility or juvenile
728 assessment facility is located shall provide appropriate
729 educational assessments and an appropriate program of
730 instruction and special education services.
731 (a) The district school board shall make provisions for
732 each student to participate in basic, career education, and
733 exceptional student programs as appropriate. Students served in
734 Department of Juvenile Justice programs shall have access to the
735 appropriate courses and instruction to prepare them for the GED
736 test. Students participating in GED preparation programs shall
737 be funded at the basic program cost factor for Department of
738 Juvenile Justice programs in the Florida Education Finance
739 Program. Each program shall be conducted according to applicable
740 law providing for the operation of public schools and rules of
741 the State Board of Education. School districts shall provide the
742 GED exit option for all juvenile justice programs.
743 (b) By October 1, 2004, the Department of Education, with
744 the assistance of the school districts, shall select a common
745 student assessment instrument and protocol for measuring student
746 learning gains and student progression while a student is in a
747 juvenile justice education program. The assessment instrument
748 and protocol must be implemented in all juvenile justice
749 education programs in this state by January 1, 2005.
750 (4) Educational services shall be provided at times of the
751 day most appropriate for the juvenile justice program. School
752 programming in juvenile justice detention, commitment, and
753 rehabilitation programs shall be made available by the local
754 school district during the juvenile justice school year, as
755 defined in s. 1003.01(11). In addition, students in juvenile
756 justice education programs shall have access to Florida Virtual
757 School courses. The Department of Education and the school
758 districts shall adopt policies necessary to ensure such access.
759 (5) The educational program shall consist of appropriate
760 basic academic, career, or exceptional curricula and related
761 services which support the treatment goals and reentry and which
762 may lead to completion of the requirements for receipt of a high
763 school diploma or its equivalent. If the duration of a program
764 is less than 40 days, the educational component may be limited
765 to tutorial activities and career employability skills.
766 (6) Participation in the program by students of compulsory
767 school-attendance age as provided for in s. 1003.21 shall be
768 mandatory. All students of noncompulsory school-attendance age
769 who have not received a high school diploma or its equivalent
770 shall participate in the educational program, unless the student
771 files a formal declaration of his or her intent to terminate
772 school enrollment as described in s. 1003.21 and is afforded the
773 opportunity to take the general educational development test and
774 attain a Florida high school diploma prior to release from a
775 facility. A youth who has received a high school diploma or its
776 equivalent and is not employed shall participate in workforce
777 development or other career or technical education or Florida
778 College System institution or university courses while in the
779 program, subject to available funding.
780 (7) A progress monitoring plan shall be developed for
781 students who score below the level specified in district school
782 board policy in reading, writing, and mathematics or below the
783 level specified by the Commissioner of Education on statewide
784 assessments as required by s. 1008.25. These plans shall address
785 academic, literacy, and life skills and shall include provisions
786 for intensive remedial instruction in the areas of weakness.
787 (8) Each district school board shall maintain an academic
788 record for each student enrolled in a juvenile justice facility
789 as prescribed by s. 1003.51. Such record shall delineate each
790 course completed by the student according to procedures in the
791 State Course Code Directory. The district school board shall
792 include a copy of a student’s academic record in the discharge
793 packet when the student exits the facility.
794 (9) The Department of Education shall ensure that all
795 district school boards make provisions for high school level
796 youth to earn credits toward high school graduation while in
797 residential and nonresidential juvenile justice facilities.
798 Provisions must be made for the transfer of credits and partial
799 credits earned.
800 (10) The district school board shall recruit and train
801 teachers who are interested, qualified, or experienced in
802 educating students in juvenile justice programs. Students in
803 juvenile justice programs shall be provided a wide range of
804 educational programs and opportunities including textbooks,
805 technology, instructional support, and other resources available
806 to students in public schools. Teachers assigned to educational
807 programs in juvenile justice settings in which the district
808 school board operates the educational program shall be selected
809 by the district school board in consultation with the director
810 of the juvenile justice facility. Educational programs in
811 juvenile justice facilities shall have access to the substitute
812 teacher pool utilized by the district school board.
813 (11) District school boards may contract with a private
814 provider for the provision of educational programs to youths
815 placed with the Department of Juvenile Justice and shall
816 generate local, state, and federal funding, including funding
817 through the Florida Education Finance Program for such students.
818 The district school board’s planning and budgeting process shall
819 include the needs of Department of Juvenile Justice programs in
820 the district school board’s plan for expenditures for state
821 categorical and federal funds.
822 (12) The district school board shall fund the educational
823 program in a Department of Juvenile Justice facility at the same
824 or higher level of funding for equivalent students in the
825 district school system based on the funds generated by state
826 funding through the Florida Education Finance Program for such
827 students. It is the intent of the Legislature that the school
828 district maximize its available local, state, and federal
829 funding to a juvenile justice program.
830 (1)(a) Juvenile justice educational programs shall be
831 funded in the appropriate FEFP program based on the educational
832 services needed by the student for Department of Juvenile
833 Justice programs in accordance with s. 1011.62.
834 (2)(b) Juvenile justice educational programs to receive the
835 appropriate FEFP funding for Department of Juvenile Justice
836 programs shall include those that are operated through a
837 contract with the Department of Juvenile Justice and which are
838 under purview of the Department of Juvenile Justice quality
839 assurance standards for education.
840 (3)(c) Consistent with the rules of the State Board of
841 Education, district school boards are required to request an
842 alternative FTE survey for Department of Juvenile Justice
843 programs experiencing fluctuations in student enrollment.
844 (4)(d) FTE count periods shall be prescribed in rules of
845 the State Board of Education and shall be the same for programs
846 of the Department of Juvenile Justice as for other public school
847 programs. The summer school period for students in Department of
848 Juvenile Justice programs shall begin on the day immediately
849 following the end of the regular school year and end on the day
850 immediately preceding the subsequent regular school year.
851 Students shall be funded for no more than 25 hours per week of
852 direct instruction.
853 (5)(e) Each juvenile justice education program must receive
854 all federal funds for which the program is eligible.
855 (13) Each district school board shall negotiate a
856 cooperative agreement with the Department of Juvenile Justice on
857 the delivery of educational services to youths under the
858 jurisdiction of the Department of Juvenile Justice. Such
859 agreement must include, but is not limited to:
860 (a) Roles and responsibilities of each agency, including
861 the roles and responsibilities of contract providers.
862 (b) Administrative issues including procedures for sharing
863 information.
864 (c) Allocation of resources including maximization of
865 local, state, and federal funding.
866 (d) Procedures for educational evaluation for educational
867 exceptionalities and special needs.
868 (e) Curriculum and delivery of instruction.
869 (f) Classroom management procedures and attendance
870 policies.
871 (g) Procedures for provision of qualified instructional
872 personnel, whether supplied by the district school board or
873 provided under contract by the provider, and for performance of
874 duties while in a juvenile justice setting.
875 (h) Provisions for improving skills in teaching and working
876 with juvenile delinquents.
877 (i) Transition plans for students moving into and out of
878 juvenile facilities.
879 (j) Procedures and timelines for the timely documentation
880 of credits earned and transfer of student records.
881 (k) Methods and procedures for dispute resolution.
882 (l) Provisions for ensuring the safety of education
883 personnel and support for the agreed-upon education program.
884 (m) Strategies for correcting any deficiencies found
885 through the quality assurance process.
886 (14) Nothing in this section or in a cooperative agreement
887 shall be construed to require the district school board to
888 provide more services than can be supported by the funds
889 generated by students in the juvenile justice programs.
890 (15)(a) The Department of Education in consultation with
891 the Department of Juvenile Justice, district school boards, and
892 providers shall establish objective and measurable quality
893 assurance standards for the educational component of residential
894 and nonresidential juvenile justice facilities. These standards
895 shall rate the district school board’s performance both as a
896 provider and contractor. The quality assurance rating for the
897 educational component shall be disaggregated from the overall
898 quality assurance score and reported separately.
899 (b) The Department of Education shall develop a
900 comprehensive quality assurance review process and schedule for
901 the evaluation of the educational component in juvenile justice
902 programs. The Department of Juvenile Justice quality assurance
903 site visit and the education quality assurance site visit shall
904 be conducted during the same visit.
905 (c) The Department of Education, in consultation with
906 district school boards and providers, shall establish minimum
907 thresholds for the standards and key indicators for educational
908 programs in juvenile justice facilities. If a district school
909 board fails to meet the established minimum standards, it will
910 be given 6 months to achieve compliance with the standards. If
911 after 6 months, the district school board’s performance is still
912 below minimum standards, the Department of Education shall
913 exercise sanctions as prescribed by rules adopted by the State
914 Board of Education. If a provider, under contract with the
915 district school board, fails to meet minimum standards, such
916 failure shall cause the district school board to cancel the
917 provider’s contract unless the provider achieves compliance
918 within 6 months or unless there are documented extenuating
919 circumstances.
920 (d) The requirements in paragraphs (a), (b), and (c) shall
921 be implemented to the extent that funds are available.
922 (16) The district school board shall not be charged any
923 rent, maintenance, utilities, or overhead on such facilities.
924 Maintenance, repairs, and remodeling of existing facilities
925 shall be provided by the Department of Juvenile Justice.
926 (17) When additional facilities are required, the district
927 school board and the Department of Juvenile Justice shall agree
928 on the appropriate site based on the instructional needs of the
929 students. When the most appropriate site for instruction is on
930 district school board property, a special capital outlay request
931 shall be made by the commissioner in accordance with s. 1013.60.
932 When the most appropriate site is on state property, state
933 capital outlay funds shall be requested by the Department of
934 Juvenile Justice provided by s. 216.043 and shall be submitted
935 as specified by s. 216.023. Any instructional facility to be
936 built on state property shall have educational specifications
937 jointly developed by the district school board and the
938 Department of Juvenile Justice and approved by the Department of
939 Education. The size of space and occupant design capacity
940 criteria as provided by State Board of Education rules shall be
941 used for remodeling or new construction whether facilities are
942 provided on state property or district school board property.
943 (18) The parent of an exceptional student shall have the
944 due process rights provided for in this chapter.
945 (19) The Department of Education and the Department of
946 Juvenile Justice, after consultation with and assistance from
947 local providers and district school boards, shall report
948 annually to the Legislature by February 1 on the progress toward
949 developing effective educational programs for juvenile
950 delinquents, including the amount of funding provided by
951 district school boards to juvenile justice programs, the amount
952 retained for administration including documenting the purposes
953 for such expenses, the status of the development of cooperative
954 agreements, the results of the quality assurance reviews
955 including recommendations for system improvement, and
956 information on the identification of, and services provided to,
957 exceptional students in juvenile justice commitment facilities
958 to determine whether these students are properly reported for
959 funding and are appropriately served.
960 (20) The educational programs at the Arthur Dozier School
961 for Boys in Jackson County and the Florida School for Boys in
962 Okeechobee shall be operated by the Department of Education,
963 either directly or through grants or contractual agreements with
964 other public or duly accredited education agencies approved by
965 the Department of Education.
966 (21) The State Board of Education may adopt any rules
967 necessary to implement the provisions of this section, including
968 uniform curriculum, funding, and second chance schools. Such
969 rules must require the minimum amount of paperwork and
970 reporting.
971 (22) The Department of Juvenile Justice and the Department
972 of Education, in consultation with Workforce Florida, Inc., the
973 statewide Workforce Development Youth Council, district school
974 boards, Florida College System institutions, providers, and
975 others, shall jointly develop a multiagency plan for career
976 education which describes the funding, curriculum, transfer of
977 credits, goals, and outcome measures for career education
978 programming in juvenile commitment facilities, pursuant to s.
979 985.622. The plan must be reviewed annually.
980 Section 12. Present paragraph (g) of subsection (1) of
981 section 1009.25, Florida Statutes, is redesignated as paragraph
982 (h), and a new paragraph (g) is added to that subsection, to
983 read:
984 1009.25 Fee exemptions.—
985 (1) The following students are exempt from the payment of
986 tuition and fees, including lab fees, at a school district that
987 provides postsecondary career programs, Florida College System
988 institution, or state university:
989 (g) For purposes of completing coursework initiated while
990 in the temporary custody of the state, youth who are eligible
991 under s. 1003.515(5)(b)3. and who are ordered by a court to
992 participate in a juvenile justice residential program.
993 Section 13. Paragraph (a) of subsection (3) of section
994 1010.20, Florida Statutes, is amended to read:
995 1010.20 Cost accounting and reporting for school
996 districts.—
997 (3) PROGRAM EXPENDITURE REQUIREMENTS.—
998 (a) Each district shall expend at least the percent of the
999 funds generated by each of the programs listed in this section
1000 on the aggregate total school costs for such programs:
1001 1. Kindergarten and grades 1, 2, and 3, 90 percent.
1002 2. Grades 4, 5, 6, 7, and 8, 80 percent.
1003 3. Grades 9, 10, 11, and 12, 80 percent.
1004 4. Programs for exceptional students, on an aggregate
1005 program basis, 90 percent.
1006 5. Grades 7 through 12 career education programs, on an
1007 aggregate program basis, 80 percent.
1008 6. Students-at-risk programs, on an aggregate program
1009 basis, 80 percent.
1010 7. Juvenile justice programs, on an aggregate program
1011 basis, 95 90 percent.
1012 8. Any new program established and funded under s.
1013 1011.62(1)(c), that is not included under subparagraphs 1.-7.,
1014 on an aggregate basis as appropriate, 80 percent.
1015 Section 14. Paragraph (f) of subsection (1) of section
1016 1011.62, Florida Statutes, is amended to read:
1017 1011.62 Funds for operation of schools.—If the annual
1018 allocation from the Florida Education Finance Program to each
1019 district for operation of schools is not determined in the
1020 annual appropriations act or the substantive bill implementing
1021 the annual appropriations act, it shall be determined as
1022 follows:
1023 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
1024 OPERATION.—The following procedure shall be followed in
1025 determining the annual allocation to each district for
1026 operation:
1027 (f) Supplemental academic instruction; categorical fund.—
1028 1. There is created a categorical fund to provide
1029 supplemental academic instruction to students in kindergarten
1030 through grade 12. This paragraph may be cited as the
1031 “Supplemental Academic Instruction Categorical Fund.”
1032 2. Categorical funds for supplemental academic instruction
1033 shall be allocated annually to each school district in the
1034 amount provided in the General Appropriations Act. These funds
1035 shall be in addition to the funds appropriated on the basis of
1036 FTE student membership in the Florida Education Finance Program
1037 and shall be included in the total potential funds of each
1038 district. These funds shall be used to provide supplemental
1039 academic instruction to students enrolled in the K-12 program.
1040 Supplemental instruction strategies may include, but are not
1041 limited to: modified curriculum, reading instruction, after
1042 school instruction, tutoring, mentoring, class size reduction,
1043 extended school year, intensive skills development in summer
1044 school, and other methods for improving student achievement.
1045 Supplemental instruction may be provided to a student in any
1046 manner and at any time during or beyond the regular 180-day term
1047 identified by the school as being the most effective and
1048 efficient way to best help that student progress from grade to
1049 grade and to graduate.
1050 3. Effective with the 2012-2013 1999-2000 fiscal year,
1051 funding on the basis of FTE membership beyond the 180-day
1052 regular term shall be provided in the FEFP only for students
1053 enrolled in juvenile justice education programs or in education
1054 programs for juveniles placed in secure facilities or programs
1055 under s. 985.19. Funding for instruction beyond the regular 180
1056 day school year for all other K-12 students shall be provided
1057 through the supplemental academic instruction categorical fund
1058 and other state, federal, and local fund sources with ample
1059 flexibility for schools to provide supplemental instruction to
1060 assist students in progressing from grade to grade and
1061 graduating.
1062 4. The Florida State University School, as a lab school, is
1063 authorized to expend from its FEFP or Lottery Enhancement Trust
1064 Fund allocation the cost to the student of remediation in
1065 reading, writing, or mathematics for any graduate who requires
1066 remediation at a postsecondary educational institution.
1067 5. Beginning in the 1999-2000 school year, Dropout
1068 prevention programs as defined in ss. 1003.515 1003.52,
1069 1003.53(1)(a), (b), and (c), and 1003.54 shall be included in
1070 group 1 programs under subparagraph (d)3.
1071 Section 15. This act shall take effect upon becoming a law.
1072
1073 ================= T I T L E A M E N D M E N T ================
1074 And the title is amended as follows:
1075 Delete everything before the enacting clause
1076 and insert:
1077 A bill to be entitled
1078 An act relating to juvenile justice education and
1079 workforce programs; amending s. 985.03, F.S.;
1080 providing a definition for the term “juvenile justice
1081 education programs” for purposes of the act; amending
1082 s. 985.46, F.S.; requiring that each juvenile
1083 committed to a juvenile justice commitment program
1084 have a transition plan upon release; requiring that
1085 the transition plan include an education transition
1086 plan component and information regarding delinquency
1087 treatment and intervention services that are
1088 accessible upon exiting the program; amending s.
1089 985.618, F.S.; providing legislative intent regarding
1090 juvenile justice education and workforce-related
1091 programs; requiring that the Department of Juvenile
1092 Justice, in collaboration with the Department of
1093 Education, annually verify that each juvenile justice
1094 education program meets specified minimum standards;
1095 requiring that the department collaborate with certain
1096 entities to adopt rules; amending s. 985.632, F.S.;
1097 conforming provisions to changes made by the act;
1098 requiring that the Department of Education rather than
1099 the Department of Juvenile Justice ensure that there
1100 is accurate cost accounting for certain education
1101 programs; requiring that the Department of Education
1102 submit annual cost data to the Department of Juvenile
1103 Justice; requiring that the effectiveness of juvenile
1104 justice education programs be determined by
1105 implementing systematic data collection, data
1106 analysis, and evaluations; requiring that the programs
1107 be evaluated based on student performance outcomes;
1108 requiring that the Department of Juvenile Justice, in
1109 collaboration with the Department of Education and in
1110 consultation with other entities, prepare and submit
1111 an annual report to the Governor and the Legislature
1112 by a specified date; amending s. 985.721, F.S.;
1113 conforming a cross-reference; amending s. 1001.42,
1114 F.S.; conforming provisions to changes made by the
1115 act; conforming a cross-reference; amending ss.
1116 1002.20 and 1002.45, F.S.; conforming cross
1117 references; amending s. 1003.01, F.S.; revising the
1118 term “juvenile justice education programs or schools”
1119 to conform to changes made by the act; creating s.
1120 1003.515, F.S.; providing a short title; providing a
1121 legislative finding; providing purposes of the Florida
1122 Juvenile Justice Education Act; providing a definition
1123 for the term “juvenile justice education programs”;
1124 providing responsibilities for school districts and
1125 private providers contracted by school districts to
1126 offer education services to youth in juvenile justice
1127 education programs; requiring that each juvenile
1128 justice residential and nonresidential program involve
1129 the regional workforce board or economic development
1130 agency and local postsecondary institutions to
1131 determine the occupational areas for the education and
1132 workforce-related program; providing requirements for
1133 education and workforce-related services in juvenile
1134 justice programs; providing responsibilities for the
1135 Department of Education; requiring that the department
1136 identify each juvenile justice residential and
1137 nonresidential education program, excluding detention
1138 programs, by performance ratings; providing criteria
1139 for determining performance ratings; requiring that
1140 the department make available a common student pre-
1141 and post-assessment to measure the academic progress
1142 in reading and mathematics of youth in juvenile
1143 justice education programs; requiring that juvenile
1144 justice residential and nonresidential education
1145 programs, excluding detention centers, be held
1146 accountable for student performance outcomes for a
1147 specified period after youth are released from the
1148 programs; providing for program accountability;
1149 requiring that the department monitor the education
1150 performance of youth, prohibit certain school district
1151 or private providers, under specified circumstances,
1152 from delivering education services, and verify that a
1153 school district is operating or contracting to deliver
1154 education services; providing for a school district’s
1155 responsibilities; requiring that a youth who exits the
1156 program attain an industry certification or
1157 occupational completion points, enroll in a program to
1158 complete the industry certification, be gainfully
1159 employed, or enroll in and continue his or her
1160 education based on a transition plan; requiring that
1161 an education transition plan component be incorporated
1162 in a youth’s transition plan; requiring that each
1163 juvenile justice education program develop the
1164 education transition plan component during the course
1165 of the youth’s stay in a juvenile justice residential
1166 or nonresidential program; prohibiting a district
1167 school board from being charged rent, maintenance,
1168 utilities, or overhead on facilities; requiring that
1169 the Department of Juvenile Justice provide
1170 maintenance, repairs, and remodeling of existing
1171 facilities; requiring that the State Board of
1172 Education collaborate with the Department of Juvenile
1173 Justice, the Department of Economic Opportunity,
1174 school districts, and private providers to adopt
1175 rules; amending s. 1003.52, F.S.; deleting provisions
1176 relating to educational services in Department of
1177 Juvenile Justice programs to conform to changes made
1178 by the act; amending s. 1009.25, F.S.; providing an
1179 exemption from the payment of postsecondary education
1180 fees and tuition for certain youth who are ordered by
1181 a court to participate in a juvenile justice
1182 residential program; amending s. 1010.20, F.S.;
1183 revising provisions relating to expenditure
1184 requirements for juvenile justice programs; amending
1185 s. 1011.62, F.S.; extending dates relating to the
1186 funding of students who are enrolled in juvenile
1187 justice education programs or in education programs
1188 for juveniles placed in secure facilities; conforming
1189 a cross-reference; providing an effective date.