| 1 | A bill to be entitled |
| 2 | An act relating to juvenile justice education and |
| 3 | workforce programs; amending s. 985.46, F.S.; |
| 4 | requiring that each juvenile committed to a juvenile |
| 5 | justice commitment program have a transition plan upon |
| 6 | release; requiring that the transition plan include an |
| 7 | education transition plan component and information |
| 8 | regarding delinquency treatment and intervention |
| 9 | services that are accessible upon exiting the program; |
| 10 | amending s. 985.618, F.S.; providing legislative |
| 11 | intent regarding juvenile justice education and |
| 12 | workforce-related programs; requiring that the |
| 13 | Department of Juvenile Justice verify that each |
| 14 | juvenile justice education program meets specified |
| 15 | minimum standards; requiring that the effectiveness of |
| 16 | the programs be determined by implementing systematic |
| 17 | data collection, data analysis, and evaluations; |
| 18 | requiring that the programs be evaluated based on |
| 19 | student performance outcomes; providing duties for the |
| 20 | department; requiring that an annual report be |
| 21 | submitted to the Governor and the Legislature by a |
| 22 | specified date; requiring that the department |
| 23 | collaborate with certain entities to adopt rules; |
| 24 | amending ss. 985.632 and 1001.42, F.S.; conforming |
| 25 | provisions to changes made by the act; conforming |
| 26 | cross-references; amending ss. 1002.20 and 1002.45, |
| 27 | F.S.; conforming cross-references; creating s. |
| 28 | 1003.515, F.S.; providing a short title; providing |
| 29 | purposes of the Florida Juvenile Justice Education |
| 30 | Act; providing responsibilities for school districts |
| 31 | and private providers contracted by school districts |
| 32 | to offer education services to youth in juvenile |
| 33 | justice education programs; requiring that each |
| 34 | juvenile justice education program involve the |
| 35 | regional workforce board or economic development |
| 36 | agency and local postsecondary institutions to |
| 37 | determine the occupational areas for the education and |
| 38 | workforce-related program; providing requirements for |
| 39 | education and workforce-related services in juvenile |
| 40 | justice programs; providing responsibilities for the |
| 41 | Department of Education; requiring that the department |
| 42 | identify school districts and private providers by |
| 43 | performance ratings; providing criteria for |
| 44 | determining performance ratings; requiring that the |
| 45 | department make available a common student assessment |
| 46 | to measure the academic progress in reading and |
| 47 | mathematics of youth in juvenile justice education |
| 48 | programs; requiring that school districts and private |
| 49 | providers be held accountable for student performance |
| 50 | outcomes; providing for program accountability; |
| 51 | requiring that a youth who exits the program attain an |
| 52 | industry certification, enroll in a program to |
| 53 | complete the industry certification, or enroll in and |
| 54 | continue his or her education based on a transition |
| 55 | plan; requiring that an education transition plan |
| 56 | component be incorporated in a youth's transition |
| 57 | plan; requiring that each school district and private |
| 58 | provider develop the education transition plan |
| 59 | component during the course of the youth's stay in a |
| 60 | juvenile justice program; providing funding |
| 61 | requirements for the juvenile justice education |
| 62 | programs; prohibiting a district school board from |
| 63 | being charged rent, maintenance, utilities, or |
| 64 | overhead on facilities; requiring that the Department |
| 65 | of Juvenile Justice provide maintenance, repairs, and |
| 66 | remodeling of existing facilities; requiring that the |
| 67 | State Board of Education collaborate with the |
| 68 | Department of Juvenile Justice, the Department of |
| 69 | Economic Opportunity, school districts, and private |
| 70 | providers to adopt rules; repealing s. 1003.52, F.S., |
| 71 | relating to educational services in Department of |
| 72 | Juvenile Justice programs; amending s. 1011.62, F.S.; |
| 73 | conforming a cross-reference; providing an effective |
| 74 | date. |
| 75 |
|
| 76 | Be It Enacted by the Legislature of the State of Florida: |
| 77 |
|
| 78 | Section 1. Subsection (6) is added to section 985.46, |
| 79 | Florida Statutes, to read: |
| 80 | 985.46 Conditional release.- |
| 81 | (6) Each juvenile committed to a commitment program shall |
| 82 | have a transition plan upon release. Transition planning shall |
| 83 | begin for each juvenile upon placement in a commitment program |
| 84 | and shall result in an individual transition plan for each youth |
| 85 | before he or she is released. The transition plan shall be |
| 86 | developed with the participation of the youth, representatives |
| 87 | of the commitment program, school district personnel, and |
| 88 | representatives of conditional release or postcommitment |
| 89 | probation programs, if appropriate. The transition plan shall |
| 90 | include an education transition plan component as provided in s. |
| 91 | 1003.515(9), as well as information regarding pertinent |
| 92 | delinquency treatment and intervention services that are |
| 93 | accessible upon exiting the program. |
| 94 | (a) For a juvenile who is released on conditional release |
| 95 | or postcommitment probation status, the transition plan shall be |
| 96 | incorporated into the conditions of release. |
| 97 | (b) For a juvenile who is not released on conditional |
| 98 | release or postcommitment probation status, the transition plan |
| 99 | shall be explained to the youth and provided upon release, with |
| 100 | all necessary referrals having been made at least 30 days before |
| 101 | the youth exits the program. |
| 102 | (c) For a juvenile who participates in a day treatment |
| 103 | program, the transition plan shall be explained to the youth and |
| 104 | provided upon release. For a juvenile who participates in a day |
| 105 | treatment program and who is released on conditional release or |
| 106 | postcommitment probation status, the transition plan shall be |
| 107 | incorporated into the conditions of release. |
| 108 | Section 2. Section 985.618, Florida Statutes, is amended |
| 109 | to read: |
| 110 | (Substantial rewording of section. See |
| 111 | s. 985.618, F.S., for present text.) |
| 112 | 985.618 Education and workforce-related programs.- |
| 113 | (1) The Legislature intends for youth in juvenile justice |
| 114 | programs to be provided a quality education that includes |
| 115 | workforce-related skills that lead to continuing education or |
| 116 | meaningful employment, or both, and that results in reduced |
| 117 | rates of recidivism. |
| 118 | (2) The department shall verify that each juvenile justice |
| 119 | education program, at a minimum: |
| 120 | (a) Uses virtual course offerings that maximize learning |
| 121 | opportunities for adjudicated youth. |
| 122 | (b) Uses virtual counseling to address the educational and |
| 123 | workforce needs of adjudicated youth. |
| 124 | (c) Provides instruction from individuals who hold |
| 125 | industry credentials in the occupational area in which they |
| 126 | teach. |
| 127 | (d) Provides instruction during evenings and weekends. |
| 128 | (e) Considers, before placement, the age, interests, prior |
| 129 | education, training, work experience, emotional and mental |
| 130 | abilities, and physical capabilities of the youth and the |
| 131 | duration of the term of placement imposed. |
| 132 | (f) Expends funds in a manner that directly supports the |
| 133 | attainment of successful student outcomes as specified in s. |
| 134 | 1003.515(6) and that allows youth to engage in real work |
| 135 | situations whenever possible. |
| 136 | (3)(a) Program effectiveness shall be determined by |
| 137 | implementing systematic data collection, data analysis, and |
| 138 | education and workforce-related program evaluations pursuant to |
| 139 | ss. 985.632 and 1003.515. |
| 140 | (b) The evaluation of juvenile justice education and |
| 141 | workforce-related programs shall be based on the performance |
| 142 | outcomes provided in s. 1003.515(6). |
| 143 | (4) The department shall: |
| 144 | (a) Monitor the education performance of youth in juvenile |
| 145 | justice facilities. |
| 146 | (b) Prohibit school districts or private providers that |
| 147 | have failing performance ratings from delivering the education |
| 148 | services as provided in s. 1003.515(7). |
| 149 | (c) Verify that a school district enters into a contract |
| 150 | with a high-performing school district or provider pursuant to |
| 151 | s. 1003.515(7) to deliver education services. |
| 152 | (5) The department, in collaboration with the Department |
| 153 | of Education and in consultation with the school districts and |
| 154 | private juvenile justice education program providers, shall |
| 155 | prepare an annual report containing the education performance |
| 156 | outcomes, based on the criteria in s. 1003.515(6), of youth in |
| 157 | juvenile justice education programs. The report shall delineate |
| 158 | the performance outcomes of youth in the state, in each school |
| 159 | district, and by each private provider, including the |
| 160 | performance outcomes of all major student populations and |
| 161 | genders, as determined by the Department of Juvenile Justice. |
| 162 | The report shall address the use and successful completion of |
| 163 | virtual instruction courses and the successful implementation of |
| 164 | transition and reintegration plans. The report must include an |
| 165 | analysis of the performance of youth over time, including, but |
| 166 | not limited to, additional education attainment, employment, |
| 167 | earnings, industry certification, and rates of recidivism. The |
| 168 | report must also include recommendations for improving |
| 169 | performance outcomes and for additional cost savings and |
| 170 | efficiencies. The report shall be submitted to the Governor, the |
| 171 | President of the Senate, and the Speaker of the House of |
| 172 | Representatives by December 31, 2013, and each year thereafter. |
| 173 | (6) The department shall collaborate with the Department |
| 174 | of Education, the Department of Economic Opportunity, school |
| 175 | districts, and private providers to adopt rules to administer |
| 176 | this section. |
| 177 | Section 3. Subsection (3) of section 985.632, Florida |
| 178 | Statutes, is amended to read: |
| 179 | 985.632 Quality assurance and cost-effectiveness.- |
| 180 | (3) The department shall annually collect and report cost |
| 181 | data for every program operated by the department or its |
| 182 | contracted provider or contracted by the department. The cost |
| 183 | data shall conform to a format approved by the department and |
| 184 | the Legislature. Uniform cost data shall be reported and |
| 185 | collected for each education program operated by a school |
| 186 | district or private provider contracted by a school district |
| 187 | state-operated and contracted programs so that comparisons can |
| 188 | be made among programs. The Department of Education shall ensure |
| 189 | that there is accurate cost accounting for education programs |
| 190 | operated by school districts and private providers, state- |
| 191 | operated services including market-equivalent rent and other |
| 192 | shared costs cost. The cost of the education educational program |
| 193 | provided to a residential facility shall be reported and |
| 194 | included in the cost of a program. The Department of Education |
| 195 | shall submit an annual cost data report to the department |
| 196 | President of the Senate, the Speaker of the House of |
| 197 | Representatives, the Minority Leader of each house of the |
| 198 | Legislature, the appropriate substantive and fiscal committees |
| 199 | of each house of the Legislature, and the Governor, no later |
| 200 | than December 1 of each year. The annual cost data shall be |
| 201 | included in the annual report required under s. 985.618(5). |
| 202 | Cost-benefit analysis for juvenile justice education educational |
| 203 | programs shall will be developed and implemented in |
| 204 | collaboration with and in cooperation with the Department of |
| 205 | Education, local providers, and local school districts. Cost |
| 206 | data for the report shall include data collected by the |
| 207 | Department of Education for the purposes of preparing the annual |
| 208 | report required by s. 1003.52(19). |
| 209 | Section 4. Paragraph (b) of subsection (18) of section |
| 210 | 1001.42, Florida Statutes, is amended to read: |
| 211 | 1001.42 Powers and duties of district school board.-The |
| 212 | district school board, acting as a board, shall exercise all |
| 213 | powers and perform all duties listed below: |
| 214 | (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.- |
| 215 | Maintain a state system of school improvement and education |
| 216 | accountability as provided by statute and State Board of |
| 217 | Education rule. This system of school improvement and education |
| 218 | accountability shall be consistent with, and implemented |
| 219 | through, the district's continuing system of planning and |
| 220 | budgeting required by this section and ss. 1008.385, 1010.01, |
| 221 | and 1011.01. This system of school improvement and education |
| 222 | accountability shall comply with the provisions of ss. 1008.33, |
| 223 | 1008.34, 1008.345, and 1008.385 and include the following: |
| 224 | (b) Public disclosure.-The district school board shall |
| 225 | provide information regarding the performance of students in and |
| 226 | education educational programs as required pursuant to ss. |
| 227 | 1008.22 and 1008.385 and implement a system of school reports as |
| 228 | required by statute and State Board of Education rule which |
| 229 | shall include schools operating for the purpose of providing |
| 230 | education educational services to youth in juvenile justice |
| 231 | education Department of Juvenile Justice programs, and for those |
| 232 | programs schools, report on the data and education outcomes |
| 233 | elements specified in s. 1003.515(6) 1003.52(19). Annual public |
| 234 | disclosure reports shall be in an easy-to-read report card |
| 235 | format and shall include the school's grade, high school |
| 236 | graduation rate calculated without GED tests, disaggregated by |
| 237 | student ethnicity, and performance data as specified in state |
| 238 | board rule. |
| 239 | Section 5. Subsection (20) of section 1002.20, Florida |
| 240 | Statutes, is amended to read: |
| 241 | 1002.20 K-12 student and parent rights.-Parents of public |
| 242 | school students must receive accurate and timely information |
| 243 | regarding their child's academic progress and must be informed |
| 244 | of ways they can help their child to succeed in school. K-12 |
| 245 | students and their parents are afforded numerous statutory |
| 246 | rights including, but not limited to, the following: |
| 247 | (20) JUVENILE JUSTICE PROGRAMS.-Students who are in |
| 248 | juvenile justice programs have the right to receive educational |
| 249 | programs and services in accordance with the provisions of s. |
| 250 | 1003.515 1003.52. |
| 251 | Section 6. Paragraph (b) of subsection (1) of section |
| 252 | 1002.45, Florida Statutes, is amended to read: |
| 253 | 1002.45 Virtual instruction programs.- |
| 254 | (1) PROGRAM.- |
| 255 | (b) Each school district that is eligible for the sparsity |
| 256 | supplement pursuant to s. 1011.62(7) shall provide all enrolled |
| 257 | public school students within its boundaries the option of |
| 258 | participating in part-time and full-time virtual instruction |
| 259 | programs. Each school district that is not eligible for the |
| 260 | sparsity supplement shall provide at least three options for |
| 261 | part-time and full-time virtual instruction. All school |
| 262 | districts must provide parents with timely written notification |
| 263 | of an open enrollment period for full-time students of at least |
| 264 | 90 days that ends no later than 30 days prior to the first day |
| 265 | of the school year. The purpose of the program is to make |
| 266 | quality virtual instruction available to students using online |
| 267 | and distance learning technology in the nontraditional |
| 268 | classroom. A school district virtual instruction program shall |
| 269 | provide the following: |
| 270 | 1. Full-time virtual instruction for students enrolled in |
| 271 | kindergarten through grade 12. |
| 272 | 2. Part-time virtual instruction for students enrolled in |
| 273 | grades 9 through 12 courses that are measured pursuant to |
| 274 | subparagraph (8)(a)2. |
| 275 | 3. Full-time or part-time virtual instruction for students |
| 276 | enrolled in dropout prevention and academic intervention |
| 277 | programs under s. 1003.53, Department of Juvenile Justice |
| 278 | education programs under s. 1003.515 1003.52, core-curricula |
| 279 | courses to meet class size requirements under s. 1003.03, or |
| 280 | Florida College System institutions under this section. |
| 281 | Section 7. Section 1003.515, Florida Statutes, is created |
| 282 | to read: |
| 283 | 1003.515 The Florida Juvenile Justice Education Act.- |
| 284 | (1) SHORT TITLE.-This section may be cited as the "Florida |
| 285 | Juvenile Justice Education Act." |
| 286 | (2) LEGISLATIVE FINDING.-The Legislature finds that an |
| 287 | education is the single most important factor in the |
| 288 | rehabilitation of adjudicated youth who are in Department of |
| 289 | Juvenile Justice programs. |
| 290 | (3) PURPOSES.-The purposes of this section are to: |
| 291 | (a) Provide performance-based outcome measures and |
| 292 | accountability for juvenile justice education programs; and |
| 293 | (b) Improve academic and workforce-related outcomes so |
| 294 | that adjudicated and at-risk youth may successfully complete the |
| 295 | transition to and reenter the academic and workforce |
| 296 | environments. |
| 297 | (4) SCHOOL DISTRICT AND CONTRACTED EDUCATION PROVIDER |
| 298 | RESPONSIBILITIES.- |
| 299 | (a) A school district or private provider contracted by a |
| 300 | school district to offer education services to youth in a |
| 301 | juvenile justice education program shall: |
| 302 | 1. Provide rigorous and relevant academic and workforce- |
| 303 | related curricula that will lead to industry certifications in |
| 304 | an occupational area of high demand identified in the Industry |
| 305 | Certification Funding list adopted by the State Board of |
| 306 | Education, or articulate to secondary or postsecondary-level |
| 307 | coursework, as appropriate. |
| 308 | 2. Support state, local, and regional economic development |
| 309 | demands. |
| 310 | 3. Make high-wage and high-demand careers more accessible |
| 311 | to adjudicated and at-risk youth. |
| 312 | 4. Reduce rates of recidivism for adjudicated youth. |
| 313 | 5. Provide access to the appropriate courses and |
| 314 | instruction to prepare youth for a standard high school diploma |
| 315 | or the GED examination, as appropriate. |
| 316 | 6. Provide access to virtual education courses that are |
| 317 | appropriate to meet the requirements of academic or workforce- |
| 318 | related programs and the requirements for continuing education |
| 319 | specified in the youth's transition and postrelease plans. |
| 320 | 7. Provide opportunities for earning credits toward high |
| 321 | school graduation or credits that articulate to postsecondary |
| 322 | education institutions while the youth are in residential and |
| 323 | nonresidential juvenile justice facilities. |
| 324 | 8. Ensure that the credits and partial credits earned by |
| 325 | youth are transferred and included in the youth's records as |
| 326 | part of the transition plan. |
| 327 | 9. Ensure that the education program consists of the |
| 328 | appropriate academic, workforce-related, or exceptional |
| 329 | education curricula and related services that directly support |
| 330 | performance outcomes, which must be specified in each youth's |
| 331 | transition plan as required by subsection (9). |
| 332 | 10. If the duration of a youth's stay in a program is less |
| 333 | than 40 days, ensure that the youth continues his or her |
| 334 | education or workforce-related training that leads to industry |
| 335 | certification in an occupational area of high demand. |
| 336 | 11. Maintain an academic record for each youth who is |
| 337 | enrolled in a juvenile justice facility, as required by s. |
| 338 | 1003.51, and ensure that the coursework, credits, partial |
| 339 | credits, occupational completion points, and industry |
| 340 | certifications earned by the youth are transferred and included |
| 341 | in the youth's transition plan pursuant to s. 985.46. |
| 342 | (b) Each school district and private provider shall ensure |
| 343 | that the following youth participate in the program: |
| 344 | 1. Youth who are of compulsory school attendance age |
| 345 | pursuant to s. 1003.21. |
| 346 | 2. Youth who are not of compulsory school attendance age |
| 347 | and who have not received a high school diploma or its |
| 348 | equivalent, if the youth is in a juvenile justice facility. Such |
| 349 | youth must participate in a workforce-related education program |
| 350 | that leads to industry certification in an occupational area of |
| 351 | high demand or job placement earning full-time wages. |
| 352 | 3. Youth who have attained a high school diploma or its |
| 353 | equivalent and who are not employed. Such youth must participate |
| 354 | in a workforce-related education program that leads to industry |
| 355 | certification in an occupational area of high demand or gainful |
| 356 | employment earning full-time wages. |
| 357 | (5) PROGRAM REQUIREMENTS.-In compliance with the strategic |
| 358 | 5-year plan under s. 1003.491, each juvenile justice education |
| 359 | program shall, in collaboration with the regional workforce |
| 360 | board or economic development agency and local postsecondary |
| 361 | institutions, determine the appropriate occupational areas for |
| 362 | the program. Juvenile justice education programs must: |
| 363 | (a) Ensure that rigorous academic and workforce-related |
| 364 | coursework is offered and meets or exceeds appropriate state- |
| 365 | approved subject area standards, and results in the attainment |
| 366 | of industry certification and postsecondary credit, when |
| 367 | appropriate; |
| 368 | (b) Ensure workforce-related instruction by industry- |
| 369 | certified faculty; |
| 370 | (c) Maximize the use of private sector personnel; |
| 371 | (d) Use strategies to maximize the delivery of virtual |
| 372 | instruction; |
| 373 | (e) Maximize instructional efficiency for youth in |
| 374 | juvenile justice facilities; |
| 375 | (f) Provide opportunities for youth to earn weighted or |
| 376 | dual enrollment credit for higher-level courses, when |
| 377 | appropriate; |
| 378 | (g) Promote credit recovery; and |
| 379 | (h) Provide instruction that results in competency, |
| 380 | certification, or credentials in workplace skills, including, |
| 381 | but not limited to, communication skills, interpersonal skills, |
| 382 | decisionmaking skills, work ethic, and the importance of |
| 383 | attendance and timeliness in the work environment. |
| 384 | (6) DEPARTMENT RESPONSIBILITIES.- |
| 385 | (a) The Department of Education shall identify school |
| 386 | districts and private providers as having one of the following |
| 387 | performance ratings as defined by State Board of Education rule: |
| 388 | 1. High performance. |
| 389 | 2. Adequate performance. |
| 390 | 3. Failing performance. |
| 391 | (b) The department shall consider the level of rigor |
| 392 | associated with the attainment of a particular outcome when |
| 393 | assigning weight to the outcome. The department shall use the |
| 394 | following criteria in determining a school district's or private |
| 395 | provider's performance rating: |
| 396 | 1. One or more of the following outcomes for a youth who |
| 397 | is middle school age or younger: |
| 398 | a. Attaining an industry certification in an occupational |
| 399 | area of high demand identified in the Industry Certification |
| 400 | Funding list adopted by the State Board of Education, if |
| 401 | available and appropriate, and participating in continuing |
| 402 | education upon release from a juvenile justice facility. |
| 403 | b. Attaining occupational completion points in an |
| 404 | occupational area of high demand identified in the Industry |
| 405 | Certification Funding list adopted by the State Board of |
| 406 | Education and participating in continuing education upon release |
| 407 | from a juvenile justice facility. |
| 408 | c. Completing secondary coursework and participating in |
| 409 | continuing education upon release from a juvenile justice |
| 410 | facility. |
| 411 | d. Achieving academic progress in reading and mathematics, |
| 412 | as measured by the statewide common assessment adopted by the |
| 413 | department for use in juvenile justice education programs, and |
| 414 | participating in continuing education upon release from a |
| 415 | juvenile justice facility. |
| 416 | 2. One or more of the following outcomes for a youth who |
| 417 | is high school age: |
| 418 | a. Achieving academic progress in reading and mathematics, |
| 419 | as measured by the statewide common assessment adopted by the |
| 420 | department for use in juvenile justice education programs, and |
| 421 | participating in continuing education upon release from a |
| 422 | juvenile justice facility. |
| 423 | b. Earning secondary or postsecondary credit upon release |
| 424 | from a juvenile justice facility and participating in continuing |
| 425 | education upon release from a juvenile justice facility. |
| 426 | c. Attaining a high school diploma or its equivalent and |
| 427 | participating in continuing education at the postsecondary level |
| 428 | upon release from a juvenile justice facility. |
| 429 | d. Attaining a high school diploma or its equivalent and |
| 430 | obtaining job placement or self-employment in a position earning |
| 431 | full-time wages. |
| 432 | e. Attaining an industry certification in an occupational |
| 433 | area of high demand identified in the Industry Certification |
| 434 | Funding list adopted by the State Board of Education and |
| 435 | attaining job placement or self-employment earning full-time |
| 436 | wages in a position for which the student attained an industry |
| 437 | certification. |
| 438 | f. Attaining occupational completion points in an |
| 439 | occupational area of high demand identified in the Industry |
| 440 | Certification Funding list adopted by the State Board of |
| 441 | Education and job placement or self-employment in a position |
| 442 | earning full-time wages. |
| 443 | g. Attaining occupational completion points in an |
| 444 | occupational area of high demand identified in the Industry |
| 445 | Certification Funding list adopted by the State Board of |
| 446 | Education and participation in continuing education in order to |
| 447 | complete the industry certification in that occupation. |
| 448 | (c) By September 1, 2012, the department shall make |
| 449 | available a common student assessment to measure the academic |
| 450 | progress in reading and mathematics of youth who are assigned to |
| 451 | juvenile justice education programs. |
| 452 |
|
| 453 | For purposes of performance ratings, school districts and |
| 454 | private providers shall be held accountable for the performance |
| 455 | outcomes of youth until they are released from supervision by |
| 456 | the Department of Juvenile Justice. This subsection does not |
| 457 | abrogate the provisions of s. 1002.22 which relate to education |
| 458 | records or the requirements of 20 U.S.C. s. 1232g, the Family |
| 459 | Educational Rights and Privacy Act. |
| 460 | (7) PROGRAM ACCOUNTABILITY.- |
| 461 | (a) If a school district or private provider earns two |
| 462 | consecutive failing performance ratings or two failing |
| 463 | performance ratings in any 3-year period, as provided in |
| 464 | subsection (6), the school district shall enter into a contract |
| 465 | with a school district or private provider that has a high- |
| 466 | performance rating to deliver the education services to the |
| 467 | youth in the program. The Department of Juvenile Justice may use |
| 468 | its statutory authority to sanction or prohibit a private |
| 469 | provider from delivering education services to youth under the |
| 470 | department's supervision due to noneducation reasons. |
| 471 | (b) Except as provided in paragraph (a), the school |
| 472 | district of the county in which the residential or |
| 473 | nonresidential care facility or juvenile assessment facility is |
| 474 | located shall deliver education services to youth in Department |
| 475 | of Juvenile Justice programs. A school district may enter into a |
| 476 | contract with a private provider to deliver the education |
| 477 | services in lieu of directly providing the education services. |
| 478 | The contract shall include performance criteria as provided in |
| 479 | subsection (6). |
| 480 | (c) When determining educational placement for youth who |
| 481 | enroll in a school district upon release, the school district |
| 482 | must consult with the lead educator of the juvenile justice |
| 483 | program to which the youth was last assigned and adhere to the |
| 484 | transition plan established under s. 985.46(6). |
| 485 | (d) If a private provider under contract with a school |
| 486 | district maintains a high-performance rating pursuant to |
| 487 | subsection (6), the school district may not require a private |
| 488 | provider to use the school district's personnel or require |
| 489 | qualifications of private provider personnel beyond those that |
| 490 | are necessary to protect the health, safety, and welfare of the |
| 491 | students, as determined by the Department of Juvenile Justice. |
| 492 | (e) Each school district must provide juvenile justice |
| 493 | education programs access to substitute classroom teachers used |
| 494 | by the school district. |
| 495 | (8) EXITING PROGRAM.-Upon exiting a program, a youth must: |
| 496 | (a) Attain an industry certification in an occupational |
| 497 | area of high demand identified in the Industry Certification |
| 498 | Funding list adopted by the State Board of Education; |
| 499 | (b) Enroll in a program to complete the industry |
| 500 | certification; |
| 501 | (c) Be gainfully employed and earning full-time wages; or |
| 502 | (d) Enroll in and continue his or her education based on |
| 503 | the transition and postrelease plan provided in s. 958.46. |
| 504 | (9) EDUCATION TRANSITION PLAN COMPONENT.- |
| 505 | (a) The education transition plan component shall be |
| 506 | incorporated in the transition plan pursuant to s. 985.46(6). |
| 507 | (b) Each school district and private provider must develop |
| 508 | an education transition plan component during the course of a |
| 509 | youth's stay in a juvenile justice program which coordinates |
| 510 | academic and workforce services and assists the youth in |
| 511 | successful community reintegration upon the youth's release. |
| 512 | (c) The development of the education transition plan |
| 513 | component shall begin upon a youth's placement in the program. |
| 514 | The education transition plan component must include the |
| 515 | academic and workforce services to be provided during the |
| 516 | program stay and the establishment of services to be implemented |
| 517 | upon release. The appropriate personnel in the juvenile justice |
| 518 | education program, members of the community, the youth, and the |
| 519 | youth's family, when appropriate, shall collaborate to develop |
| 520 | the education transition plan component. |
| 521 | (d) Education planning for reintegration shall begin when |
| 522 | placement decisions are made and continue throughout the youth's |
| 523 | stay in order to provide for continuing education, job |
| 524 | placement, and other necessary services. Individuals who are |
| 525 | responsible for reintegration shall coordinate activities to |
| 526 | ensure that the education transition plan component is |
| 527 | successfully implemented and a youth is provided access to |
| 528 | support services that will sustain the youth's success once he |
| 529 | or she is no longer under the supervision of the Department of |
| 530 | Juvenile Justice. The education transition plan component must |
| 531 | provide for continuing education, workforce development, or |
| 532 | meaningful job placement pursuant to the performance outcomes in |
| 533 | subsection (6). For purposes of this section, the term |
| 534 | "reintegration" means the process by which a youth returns to |
| 535 | the community following release from a juvenile justice program. |
| 536 | (10) FUNDING.- |
| 537 | (a) Youth who are participating in GED preparation |
| 538 | programs while under the supervision of the Department of |
| 539 | Juvenile Justice shall be funded at the basic program cost |
| 540 | factor for juvenile justice programs in the Florida Education |
| 541 | Finance Program (FEFP). Juvenile justice education programs |
| 542 | shall be funded in the appropriate FEFP program based on the |
| 543 | education services needed by the students in the programs |
| 544 | pursuant to s. 1011.62. |
| 545 | (b) Juvenile justice education programs operated through a |
| 546 | contract with the Department of Juvenile Justice and under the |
| 547 | purview of the department's quality assurance standards and |
| 548 | performance outcomes shall receive the appropriate FEFP funding |
| 549 | for juvenile justice programs. |
| 550 | (c) A district school board shall fund the education |
| 551 | program in a juvenile justice facility at the same or higher |
| 552 | level of funding for equivalent students in the district school |
| 553 | system based on the funds generated through the FEFP and funds |
| 554 | allocated from federal programs. |
| 555 | (d) Consistent with the rules of the State Board of |
| 556 | Education, district school boards shall request an alternative |
| 557 | full-time equivalent (FTE) survey for juvenile justice programs |
| 558 | experiencing fluctuations in student enrollment. |
| 559 | (e) The State Board of Education shall prescribe rules |
| 560 | relating to FTE count periods which must be the same for |
| 561 | juvenile justice programs and other public school programs. The |
| 562 | summer school period for students in juvenile justice programs |
| 563 | shall begin on the day immediately preceding the subsequent |
| 564 | regular school year. Students may be funded for no more than 25 |
| 565 | hours per week of direct instruction; however, students shall be |
| 566 | provided access to virtual instruction in order to maximize the |
| 567 | most efficient use of time. |
| 568 | (11) FACILITIES.-The district school board may not be |
| 569 | charged any rent, maintenance, utilities, or overhead on the |
| 570 | facilities. Maintenance, repairs, and remodeling of existing |
| 571 | facilities shall be provided by the Department of Juvenile |
| 572 | Justice. |
| 573 | (12) RULEMAKING.-The State Board of Education shall |
| 574 | collaborate with the Department of Juvenile Justice, the |
| 575 | Department of Economic Opportunity, school districts, and |
| 576 | private providers to adopt rules pursuant to ss. 120.536(1) and |
| 577 | 120.54 to administer this section. |
| 578 | Section 8. Section 1003.52, Florida Statutes, is repealed. |
| 579 | Section 9. Paragraph (f) of subsection (1) of section |
| 580 | 1011.62, Florida Statutes, is amended to read: |
| 581 | 1011.62 Funds for operation of schools.-If the annual |
| 582 | allocation from the Florida Education Finance Program to each |
| 583 | district for operation of schools is not determined in the |
| 584 | annual appropriations act or the substantive bill implementing |
| 585 | the annual appropriations act, it shall be determined as |
| 586 | follows: |
| 587 | (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR |
| 588 | OPERATION.-The following procedure shall be followed in |
| 589 | determining the annual allocation to each district for |
| 590 | operation: |
| 591 | (f) Supplemental academic instruction; categorical fund.- |
| 592 | 1. There is created a categorical fund to provide |
| 593 | supplemental academic instruction to students in kindergarten |
| 594 | through grade 12. This paragraph may be cited as the |
| 595 | "Supplemental Academic Instruction Categorical Fund." |
| 596 | 2. Categorical funds for supplemental academic instruction |
| 597 | shall be allocated annually to each school district in the |
| 598 | amount provided in the General Appropriations Act. These funds |
| 599 | shall be in addition to the funds appropriated on the basis of |
| 600 | FTE student membership in the Florida Education Finance Program |
| 601 | and shall be included in the total potential funds of each |
| 602 | district. These funds shall be used to provide supplemental |
| 603 | academic instruction to students enrolled in the K-12 program. |
| 604 | Supplemental instruction strategies may include, but are not |
| 605 | limited to: modified curriculum, reading instruction, after- |
| 606 | school instruction, tutoring, mentoring, class size reduction, |
| 607 | extended school year, intensive skills development in summer |
| 608 | school, and other methods for improving student achievement. |
| 609 | Supplemental instruction may be provided to a student in any |
| 610 | manner and at any time during or beyond the regular 180-day term |
| 611 | identified by the school as being the most effective and |
| 612 | efficient way to best help that student progress from grade to |
| 613 | grade and to graduate. |
| 614 | 3. Effective with the 1999-2000 fiscal year, funding on |
| 615 | the basis of FTE membership beyond the 180-day regular term |
| 616 | shall be provided in the FEFP only for students enrolled in |
| 617 | juvenile justice education programs or in education programs for |
| 618 | juveniles placed in secure facilities or programs under s. |
| 619 | 985.19. Funding for instruction beyond the regular 180-day |
| 620 | school year for all other K-12 students shall be provided |
| 621 | through the supplemental academic instruction categorical fund |
| 622 | and other state, federal, and local fund sources with ample |
| 623 | flexibility for schools to provide supplemental instruction to |
| 624 | assist students in progressing from grade to grade and |
| 625 | graduating. |
| 626 | 4. The Florida State University School, as a lab school, |
| 627 | is authorized to expend from its FEFP or Lottery Enhancement |
| 628 | Trust Fund allocation the cost to the student of remediation in |
| 629 | reading, writing, or mathematics for any graduate who requires |
| 630 | remediation at a postsecondary educational institution. |
| 631 | 5. Beginning in the 1999-2000 school year, Dropout |
| 632 | prevention programs as defined in ss. 1003.515 1003.52, |
| 633 | 1003.53(1)(a), (b), and (c), and 1003.54 shall be included in |
| 634 | group 1 programs under subparagraph (d)3. |
| 635 | Section 10. This act shall take effect upon becoming a |
| 636 | law. |