Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. SB 1406
Barcode 742608
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/18/2013 .
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The Committee on Criminal Justice (Bradley) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 985.622, Florida Statutes, is amended to
6 read:
7 985.622 Multiagency plan for career vocational education.—
8 (1) The Department of Juvenile Justice and the Department
9 of Education shall, in consultation with the statewide Workforce
10 Development Youth Council, school districts, providers, and
11 others, jointly develop a multiagency plan for career vocational
12 education that establishes the curriculum, goals, and outcome
13 measures for career vocational programs in juvenile justice
14 education programs commitment facilities. The plan must include:
15 (a) Provisions for maximizing appropriate state and federal
16 funding sources, including funds under the Workforce Investment
17 Act and the Perkins Act.;
18 (b) Provisions for eliminating barriers to increasing
19 occupation-specific job training and high school equivalency
20 examination preparation opportunities.
21 (c)(b) The responsibilities of both departments and all
22 other appropriate entities.; and
23 (d)(c) A detailed implementation schedule.
24 (2) The plan must define career vocational programming that
25 is appropriate based upon:
26 (a) The age and assessed educational abilities and goals of
27 the student youth to be served; and
28 (b) The typical length of stay and custody characteristics
29 at the juvenile justice education commitment program to which
30 each student youth is assigned.
31 (3) The plan must include a definition of career vocational
32 programming that includes the following classifications of
33 juvenile justice education programs commitment facilities that
34 will offer career vocational programming by one of the following
35 types:
36 (a) Type A.—Programs that teach personal accountability
37 skills and behaviors that are appropriate for students youth in
38 all age groups and ability levels and that lead to work habits
39 that help maintain employment and living standards.
40 (b) Type B.—Programs that include Type A program content
41 and an orientation to the broad scope of career choices, based
42 upon personal abilities, aptitudes, and interests. Exploring and
43 gaining knowledge of occupation options and the level of effort
44 required to achieve them are essential prerequisites to skill
45 training.
46 (c) Type C.—Programs that include Type A program content
47 and the career vocational competencies or the prerequisites
48 needed for entry into a specific occupation.
49 (4) The plan must also address strategies to facilitate
50 involvement of business and industry in the design, delivery,
51 and evaluation of career vocational programming in juvenile
52 justice education commitment facilities and conditional release
53 programs, including apprenticeship and work experience programs,
54 mentoring and job shadowing, and other strategies that lead to
55 postrelease employment. Incentives for business involvement,
56 such as tax breaks, bonding, and liability limits should be
57 investigated, implemented where appropriate, or recommended to
58 the Legislature for consideration.
59 (5) The plan must also evaluate the effect of students’
60 mobility between juvenile justice education programs and school
61 districts on the students’ educational outcomes and whether the
62 continuity of the students’ education can be better addressed
63 through virtual education.
64 (6)(5) The Department of Juvenile Justice and the
65 Department of Education shall each align its respective agency
66 policies, practices, technical manuals, contracts, quality
67 assurance standards, performance-based-budgeting measures, and
68 outcome measures with the plan in juvenile justice education
69 programs commitment facilities by July 31, 2014 2001. Each
70 agency shall provide a report on the implementation of this
71 section to the Governor, the President of the Senate, and the
72 Speaker of the House of Representatives by August 31, 2014 2001.
73 (7)(6) All provider contracts executed by the Department of
74 Juvenile Justice or the school districts after January 1, 2015
75 2002, must be aligned with the plan.
76 (8)(7) The planning and execution of quality assurance
77 reviews conducted by the Department of Education or the
78 Department of Juvenile Justice after August 1, 2014 2002, must
79 be aligned with the plan.
80 (9)(8) Outcome measures reported by the Department of
81 Juvenile Justice and the Department of Education for students
82 youth released on or after January 1, 2015 2002, should include
83 outcome measures that conform to the plan.
84 Section 2. Subsections (1) and (3) of section 985.632,
85 Florida Statutes, are amended to read:
86 985.632 Quality assurance and cost-effectiveness.—
87 (1) The department shall:
88 (a) Provide cost and effectiveness information on programs
89 and program activities in order to compare, improve, or
90 eliminate a program or program activity if necessary.
91 (b) Provide program and program activity cost and
92 effectiveness data to the Legislature in order for resources to
93 be allocated for achieving desired performance outcomes.
94 (c) Provide information to the public concerning program
95 and program activity cost and effectiveness.
96 (d) Implement a system of accountability in order to
97 provide the best and most appropriate programs and activities to
98 meet client needs.
99 (e) Continue to improve service delivery. It is the intent
100 of the Legislature that the department:
101 (a) Ensure that information be provided to decisionmakers
102 in a timely manner so that resources are allocated to programs
103 of the department which achieve desired performance levels.
104 (b) Provide information about the cost of such programs and
105 their differential effectiveness so that the quality of such
106 programs can be compared and improvements made continually.
107 (c) Provide information to aid in developing related policy
108 issues and concerns.
109 (d) Provide information to the public about the
110 effectiveness of such programs in meeting established goals and
111 objectives.
112 (e) Provide a basis for a system of accountability so that
113 each client is afforded the best programs to meet his or her
114 needs.
115 (f) Improve service delivery to clients.
116 (g) Modify or eliminate activities that are not effective.
117 (3) By March 1st of each year, the department, in
118 consultation with the Department of Education, shall publish a
119 report on program costs and effectiveness. The report shall
120 include uniform cost data for each program operated by the
121 department or by providers under contract with the department.
122 The Department of Education shall provide the cost data on each
123 education program operated by a school district or a provider
124 under contract with a school district. Cost data shall be
125 formatted and presented in a manner approved by the Legislature.
126 The report shall also include data on student learning gains, as
127 provided by the Department of Education, for all juvenile
128 justice education programs as required under s. 1003.52(3)(b),
129 information required under s. 1003.52(17) and (21), the cost
130 effectiveness of each program offered, and recommendations for
131 modification or elimination of programs or program activities
132 The department shall annually collect and report cost data for
133 every program operated or contracted by the department. The cost
134 data shall conform to a format approved by the department and
135 the Legislature. Uniform cost data shall be reported and
136 collected for state-operated and contracted programs so that
137 comparisons can be made among programs. The department shall
138 ensure that there is accurate cost accounting for state-operated
139 services including market-equivalent rent and other shared cost.
140 The cost of the educational program provided to a residential
141 facility shall be reported and included in the cost of a
142 program. The department shall submit an annual cost report to
143 the President of the Senate, the Speaker of the House of
144 Representatives, the Minority Leader of each house of the
145 Legislature, the appropriate substantive and fiscal committees
146 of each house of the Legislature, and the Governor, no later
147 than December 1 of each year. Cost-benefit analysis for
148 educational programs will be developed and implemented in
149 collaboration with and in cooperation with the Department of
150 Education, local providers, and local school districts. Cost
151 data for the report shall include data collected by the
152 Department of Education for the purposes of preparing the annual
153 report required by s. 1003.52(19).
154 Section 3. Section 1001.31, Florida Statutes, is amended to
155 read:
156 1001.31 Scope of district system.—A district school system
157 shall include all public schools, classes, and courses of
158 instruction and all services and activities directly related to
159 education in that district which are under the direction of the
160 district school officials. A district school system may also
161 include alternative site schools for disruptive or violent
162 students youth. Such schools for disruptive or violent students
163 youth may be funded by each district or provided through
164 cooperative programs administered by a consortium of school
165 districts, private providers, state and local law enforcement
166 agencies, and the Department of Juvenile Justice. Pursuant to
167 cooperative agreement, a district school system shall provide
168 instructional personnel at juvenile justice facilities of 50 or
169 more beds or slots with access to the district school system
170 database for the purpose of accessing student academic,
171 immunization, and registration records for students assigned to
172 the programs. Such access shall be in the same manner as
173 provided to other schools in the district.
174 Section 4. Section 1003.51, Florida Statutes, is amended to
175 read:
176 1003.51 Other public educational services.—
177 (1) The general control of other public educational
178 services shall be vested in the State Board of Education except
179 as provided in this section herein. The State Board of Education
180 shall, at the request of the Department of Children and Families
181 Family Services and the Department of Juvenile Justice, advise
182 as to standards and requirements relating to education to be met
183 in all state schools or institutions under their control which
184 provide educational programs. The Department of Education shall
185 provide supervisory services for the educational programs of all
186 such schools or institutions. The direct control of any of these
187 services provided as part of the district program of education
188 shall rest with the district school board. These services shall
189 be supported out of state, district, federal, or other lawful
190 funds, depending on the requirements of the services being
191 supported.
192 (2) The State Board of Education shall adopt rules and
193 maintain an administrative rule articulating expectations for
194 effective education programs for students youth in Department of
195 Juvenile Justice programs, including, but not limited to,
196 education programs in juvenile justice prevention, day
197 treatment, residential, commitment and detention facilities. The
198 rules rule shall establish articulate policies and standards for
199 education programs for students youth in Department of Juvenile
200 Justice programs and shall include the following:
201 (a) The interagency collaborative process needed to ensure
202 effective programs with measurable results.
203 (b) The responsibilities of the Department of Education,
204 the Department of Juvenile Justice, Workforce Florida, Inc.,
205 district school boards, and providers of education services to
206 students youth in Department of Juvenile Justice programs.
207 (c) Academic expectations.
208 (d) Career and technical expectations.
209 (e) Education transition planning and services.
210 (f)(d) Service delivery options available to district
211 school boards, including direct service and contracting.
212 (g)(e) Assessment procedures, which:
213 1. Include appropriate academic and career assessments
214 administered at program entry and exit that are selected by the
215 Department of Education in partnership with representatives from
216 the Department of Juvenile Justice, district school boards, and
217 education providers.
218 2. Require district school boards to be responsible for
219 ensuring the completion of the assessment process.
220 3. Require assessments for students in detention who will
221 move on to commitment facilities, to be designed to create the
222 foundation for developing the student’s education program in the
223 assigned commitment facility.
224 2.4. Require assessments of students in programs sent
225 directly to commitment facilities to be completed within the
226 first 10 school days after of the student’s entry into the
227 program commitment.
228
229 The results of these assessments, together with a portfolio
230 depicting the student’s academic and career accomplishments,
231 shall be included in the discharge packet package assembled for
232 each student youth.
233 (h)(f) Recommended instructional programs, including, but
234 not limited to, secondary education, high school equivalency
235 examination preparation, postsecondary education, career
236 training, and job preparation.
237 (i)(g) Funding requirements, which shall include the
238 requirement that at least 90 percent of the FEFP funds generated
239 by students in Department of Juvenile Justice programs or in an
240 education program for juveniles under s. 985.19 be spent on
241 instructional costs for those students. One hundred percent of
242 the formula-based categorical funds generated by students in
243 Department of Juvenile Justice programs must be spent on
244 appropriate categoricals such as instructional materials and
245 public school technology for those students.
246 (j)(h) Qualifications of instructional staff, procedures
247 for the selection of instructional staff, and procedures for to
248 ensure consistent instruction and qualified staff year round.
249 Qualifications shall include those for career education
250 instructors, standardized across the state, and shall be based
251 on state certification, local school district approval, and
252 industry-recognized credentials or industry training. Procedures
253 for the use of noncertified instructional personnel who possess
254 expert knowledge or experience in their fields of instruction
255 shall be established.
256 (k)(i) Transition services, including the roles and
257 responsibilities of appropriate personnel in the juvenile
258 justice education program, the school district where the student
259 will reenter districts, provider organizations, and the
260 Department of Juvenile Justice.
261 (l)(j) Procedures and timeframe for transfer of education
262 records when a student youth enters and leaves a Department of
263 Juvenile Justice education program facility.
264 (m)(k) The requirement that each district school board
265 maintain an academic transcript for each student enrolled in a
266 juvenile justice education program facility that delineates each
267 course completed by the student as provided by the State Course
268 Code Directory.
269 (n)(l) The requirement that each district school board make
270 available and transmit a copy of a student’s transcript in the
271 discharge packet when the student exits a juvenile justice
272 education program facility.
273 (o)(m) Contract requirements.
274 (p)(n) Performance expectations for providers and district
275 school boards, including student performance measures by type of
276 program, education program performance ratings, school
277 improvement, and corrective action plans for low-performing
278 programs the provision of a progress monitoring plan as required
279 in s. 1008.25.
280 (q)(o) The role and responsibility of the district school
281 board in securing workforce development funds.
282 (r)(p) A series of graduated sanctions for district school
283 boards whose educational programs in Department of Juvenile
284 Justice programs facilities are considered to be unsatisfactory
285 and for instances in which district school boards fail to meet
286 standards prescribed by law, rule, or State Board of Education
287 policy. These sanctions shall include the option of requiring a
288 district school board to contract with a provider or another
289 district school board if the educational program at the
290 Department of Juvenile Justice program is performing below
291 minimum standards facility has failed a quality assurance review
292 and, after 6 months, is still performing below minimum
293 standards.
294 (s) Curriculum, guidance counseling, transition, and
295 education services expectations, including curriculum
296 flexibility for detention centers operated by the Department of
297 Juvenile Justice.
298 (t)(q) Other aspects of program operations.
299 (3) The Department of Education in partnership with the
300 Department of Juvenile Justice, the district school boards, and
301 providers shall:
302 (a) Develop and implement requirements for contracts and
303 cooperative agreements regarding Maintain model contracts for
304 the delivery of appropriate education services to students youth
305 in Department of Juvenile Justice programs to be used for the
306 development of future contracts. The minimum contract
307 requirements shall include, but are not limited to, payment
308 structure and amounts; access to district services; contract
309 management provisions; data reporting requirements, including
310 reporting of full-time equivalent student membership;
311 administration of federal programs such as Title I, exceptional
312 student education, and the Carl D. Perkins Career and Technical
313 Education Act of 2006; and model contracts shall reflect the
314 policy and standards included in subsection (2). The Department
315 of Education shall ensure that appropriate district school board
316 personnel are trained and held accountable for the management
317 and monitoring of contracts for education programs for youth in
318 juvenile justice residential and nonresidential facilities.
319 (b) Develop and implement Maintain model procedures for
320 transitioning students youth into and out of Department of
321 Juvenile Justice education programs. These procedures shall
322 reflect the policy and standards adopted pursuant to subsection
323 (2).
324 (c) Maintain standardized required content of education
325 records to be included as part of a student’s youth’s commitment
326 record and procedures for securing the student’s records. The
327 education records These requirements shall reflect the policy
328 and standards adopted pursuant to subsection (2) and shall
329 include, but not be limited to, the following:
330 1. A copy of the student’s individual educational plan.
331 2. A copy of the student’s individualized progress
332 monitoring plan.
333 3. A copy of the student’s individualized transition plan.
334 4.2. Assessment data, including grade level proficiency in
335 reading, writing, and mathematics, and performance on tests
336 taken according to s. 1008.22.
337 5.3. A copy of the student’s permanent cumulative record.
338 6.4. A copy of the student’s academic transcript.
339 7.5. A portfolio reflecting the student’s youth’s academic
340 and career and technical accomplishments, when age appropriate,
341 while in the Department of Juvenile Justice program.
342 (d) Establish Maintain model procedures for securing the
343 education record and the roles and responsibilities of the
344 juvenile probation officer and others involved in the withdrawal
345 of the student from school and assignment to a juvenile justice
346 education program commitment or detention facility. District
347 school boards shall respond to requests for student education
348 records received from another district school board or a
349 juvenile justice facility within 5 working days after receiving
350 the request.
351 (4) Each The Department of Education shall ensure that
352 district school board shall: boards
353 (a) Notify students in juvenile justice education programs
354 residential or nonresidential facilities who attain the age of
355 16 years of the provisions of law regarding compulsory school
356 attendance and make available the option of enrolling in a
357 program to attain a Florida high school diploma by taking the
358 high school equivalency examination before General Educational
359 Development test prior to release from the program facility.
360 District school boards or Florida College System institutions,
361 or both, shall waive GED testing fees for youth in Department of
362 Juvenile Justice residential programs and shall, upon request,
363 designate schools operating for the purpose of providing
364 educational services to students youth in Department of Juvenile
365 Justice programs. The Department of Education shall assist
366 juvenile justice education programs with becoming high school
367 equivalency examination centers as GED testing centers, subject
368 to GED testing center requirements. The administrative fees for
369 the General Educational Development test required by the
370 Department of Education are the responsibility of district
371 school boards and may be required of providers by contractual
372 agreement.
373 (b) Respond to requests for student education records
374 received from another district school board or a juvenile
375 justice education program within 5 working days after receiving
376 the request.
377 (c) Provide access to courses offered pursuant to ss.
378 1002.37, 1002.45, and 1003.498. School districts and providers
379 may enter into cooperative agreements for the provision of
380 curriculum associated with courses offered pursuant to s.
381 1003.498 to enable providers to offer such courses.
382 (d) Complete the assessment process required by subsection
383 (2).
384 (e) Monitor compliance with contracts for education
385 programs for students in juvenile justice prevention, day
386 treatment, residential, and detention programs.
387 (5) The Department of Education shall establish and
388 operate, either directly or indirectly through a contract, a
389 mechanism to provide accountability measures that annually
390 assesses and evaluates all juvenile justice education programs
391 using student performance data and program performance ratings
392 by type of program quality assurance reviews of all juvenile
393 justice education programs and shall provide technical
394 assistance and related research to district school boards and
395 juvenile justice education providers on how to establish,
396 develop, and operate educational programs that exceed the
397 minimum quality assurance standards. The Department of
398 Education, with input from the Department of Juvenile Justice,
399 school districts, and education providers, shall develop annual
400 recommendations for system and school improvement.
401 Section 5. Section 1003.52, Florida Statutes, is amended to
402 read:
403 1003.52 Educational services in Department of Juvenile
404 Justice programs.—
405 (1) The Legislature finds that education is the single most
406 important factor in the rehabilitation of adjudicated delinquent
407 youth in the custody of Department of Juvenile Justice programs.
408 It is the goal of the Legislature that youth in the juvenile
409 justice system continue to be allowed the opportunity to obtain
410 a high quality education. The Department of Education shall
411 serve as the lead agency for juvenile justice education
412 programs, curriculum, support services, and resources. To this
413 end, the Department of Education and the Department of Juvenile
414 Justice shall each designate a Coordinator for Juvenile Justice
415 Education Programs to serve as the point of contact for
416 resolving issues not addressed by district school boards and to
417 provide each department’s participation in the following
418 activities:
419 (a) Training, collaborating, and coordinating with the
420 Department of Juvenile Justice, district school boards, local
421 workforce boards and youth councils, educational contract
422 providers, and juvenile justice providers, whether state
423 operated or contracted.
424 (b) Collecting information on the academic, career
425 education, and transition performance of students in juvenile
426 justice programs and reporting on the results.
427 (c) Developing academic and career education protocols that
428 provide guidance to district school boards and juvenile justice
429 education providers in all aspects of education programming,
430 including records transfer and transition.
431 (d) Implementing a joint accountability, program
432 performance, and program improvement process Prescribing the
433 roles of program personnel and interdepartmental district school
434 board or provider collaboration strategies.
435
436 Annually, a cooperative agreement and plan for juvenile justice
437 education service enhancement shall be developed between the
438 Department of Juvenile Justice and the Department of Education
439 and submitted to the Secretary of Juvenile Justice and the
440 Commissioner of Education by June 30. The plan shall include, at
441 a minimum, each agency’s role regarding educational program
442 accountability, technical assistance, training, and coordination
443 of services.
444 (2) Students participating in Department of Juvenile
445 Justice programs pursuant to chapter 985 which are sponsored by
446 a community-based agency or are operated or contracted for by
447 the Department of Juvenile Justice shall receive education
448 educational programs according to rules of the State Board of
449 Education. These students shall be eligible for services
450 afforded to students enrolled in programs pursuant to s. 1003.53
451 and all corresponding State Board of Education rules.
452 (3) The district school board of the county in which the
453 juvenile justice education prevention, day treatment,
454 residential, or detention program residential or nonresidential
455 care facility or juvenile assessment facility is located shall
456 provide or contract for appropriate educational assessments and
457 an appropriate program of instruction and special education
458 services.
459 (a) The district school board shall make provisions for
460 each student to participate in basic, career education, and
461 exceptional student programs as appropriate. Students served in
462 Department of Juvenile Justice programs shall have access to the
463 appropriate courses and instruction to prepare them for the high
464 school equivalency examination GED test. Students participating
465 in high school equivalency examination GED preparation programs
466 shall be funded at the basic program cost factor for Department
467 of Juvenile Justice programs in the Florida Education Finance
468 Program. Each program shall be conducted according to applicable
469 law providing for the operation of public schools and rules of
470 the State Board of Education. School districts shall provide the
471 high school equivalency examination GED exit option for all
472 juvenile justice programs.
473 (b) By October 1, 2004, The Department of Education, with
474 the assistance of the school districts and juvenile justice
475 education providers, shall select a common student assessment
476 instrument and protocol for measuring student learning gains and
477 student progression while a student is in a juvenile justice
478 education program. The assessment instrument and protocol must
479 be implemented in all juvenile justice education programs in
480 this state by January 1, 2005.
481 (4) Educational services shall be provided at times of the
482 day most appropriate for the juvenile justice program. School
483 programming in juvenile justice detention, prevention, day
484 treatment, and residential commitment, and rehabilitation
485 programs shall be made available by the local school district
486 during the juvenile justice school year, as provided defined in
487 s. 1003.01(11). In addition, students in juvenile justice
488 education programs shall have access to courses offered pursuant
489 to ss. 1002.37, 1002.45, and 1003.498 Florida Virtual School
490 courses. The Department of Education and the school districts
491 shall adopt policies necessary to provide ensure such access.
492 (5) The educational program shall provide instruction based
493 on each student’s individualized transition plan, assessed
494 educational needs, and the education programs available in the
495 school district to which the student will return. Depending on
496 the student’s needs, educational programming may consist of
497 remedial courses, consist of appropriate basic academic courses
498 required for grade advancement, career education courses, high
499 school equivalency examination preparation, or exceptional
500 student education curricula and related services which support
501 the transition treatment goals and reentry and which may lead to
502 completion of the requirements for receipt of a high school
503 diploma or its equivalent. Prevention and day treatment juvenile
504 justice education programs, at a minimum, shall provide career
505 readiness and exploration opportunities as well as truancy and
506 dropout prevention intervention services. Residential juvenile
507 justice education programs with a contracted minimum length of
508 stay of 9 months shall provide career education courses that
509 lead to preapprentice certifications, industry certifications,
510 occupational completion points, or work-related certifications.
511 Residential programs with contracted lengths of stay of less
512 than 9 months may provide career education courses that lead to
513 preapprentice certifications, industry certifications,
514 occupational completion points, or work-related certifications.
515 If the duration of a program is less than 40 days, the
516 educational component may be limited to tutorial remediation
517 activities, and career employability skills instruction,
518 education counseling, and transition services that prepare
519 students for a return to school, the community, and their home
520 settings based on the students’ needs.
521 (6) Participation in the program by students of compulsory
522 school-attendance age as provided for in s. 1003.21 shall be
523 mandatory. All students of noncompulsory school-attendance age
524 who have not received a high school diploma or its equivalent
525 shall participate in the educational program, unless the student
526 files a formal declaration of his or her intent to terminate
527 school enrollment as described in s. 1003.21 and is afforded the
528 opportunity to take the general educational development test and
529 attain a Florida high school diploma before prior to release
530 from a juvenile justice education program facility. A student
531 youth who has received a high school diploma or its equivalent
532 and is not employed shall participate in workforce development
533 or other career or technical education or Florida College System
534 institution or university courses while in the program, subject
535 to available funding.
536 (7) An individualized A progress monitoring plan shall be
537 developed for all students not classified as exceptional
538 education students upon entry into a juvenile justice education
539 program and upon reentry into the school district who score
540 below the level specified in district school board policy in
541 reading, writing, and mathematics or below the level specified
542 by the Commissioner of Education on statewide assessments as
543 required by s. 1008.25. These plans shall address academic,
544 literacy, and career and technical life skills and shall include
545 provisions for intensive remedial instruction in the areas of
546 weakness.
547 (8) Each district school board shall maintain an academic
548 record for each student enrolled in a juvenile justice program
549 facility as prescribed by s. 1003.51. Such record shall
550 delineate each course completed by the student according to
551 procedures in the State Course Code Directory. The district
552 school board shall include a copy of a student’s academic record
553 in the discharge packet when the student exits the program
554 facility.
555 (9) Each The Department of Education shall ensure that all
556 district school board shall boards make provisions for high
557 school level students youth to earn credits toward high school
558 graduation while in residential and nonresidential juvenile
559 justice programs facilities. Provisions must be made for the
560 transfer of credits and partial credits earned.
561 (10) School districts and juvenile justice education
562 providers shall develop individualized transition plans during
563 the course of a student’s stay in a juvenile justice education
564 program to coordinate academic, career and technical, and
565 secondary and postsecondary services that assist the student in
566 successful community reintegration upon release. Development of
567 the transition plan shall be a collaboration of the personnel in
568 the juvenile justice education program, reentry personnel,
569 personnel from the school district to which the student will
570 return, the student, the student’s family, and the Department of
571 Juvenile Justice personnel for committed students.
572 (a) Transition planning must begin upon a student’s
573 placement in the program. The transition plan must include, at a
574 minimum:
575 1. Services and interventions that address the student’s
576 assessed educational needs and postrelease education plans.
577 2. Services to be provided during the program stay and
578 services to be implemented upon release, including, but not
579 limited to, continuing education in secondary school, career and
580 technical programs, postsecondary education, or employment,
581 based on the student’s needs.
582 3. Specific monitoring responsibilities of individuals who
583 are responsible for reintegration to determine whether the
584 individualized transition plan is being implemented and if the
585 student is being provided access to support services that will
586 sustain the student’s success. Individuals who are responsible
587 for reintegration shall coordinate such activities.
588 (b) For the purpose of transition planning and reentry
589 services, representatives from the school district and the one
590 stop center where the student will return shall participate as
591 members of the local Department of Juvenile Justice reentry
592 teams. The school district, upon return of a student from a
593 juvenile justice education program, must consider the individual
594 needs and circumstances of the student and the transition plan
595 recommendations when reenrolling a student in a public school. A
596 local school district may not maintain a standardized policy for
597 all students returning from a juvenile justice program but shall
598 place students based on their needs and their performance in the
599 program.
600 (c) The Department of Education and the Department of
601 Juvenile Justice shall provide oversight and guidance to school
602 districts, education providers, and reentry personnel on how to
603 implement effective educational transition planning and
604 services.
605 (11)(10) The district school board shall recruit and train
606 teachers who are interested, qualified, or experienced in
607 educating students in juvenile justice programs. Students in
608 juvenile justice programs shall be provided a wide range of
609 education educational programs and opportunities, including
610 textbooks, access to technology, instructional support, and
611 other resources commensurate with resources provided available
612 to students in public schools If the district school board
613 operates a juvenile justice education program at a juvenile
614 justice facility, the district school board, in consultation
615 with the director of the juvenile justice facility, shall select
616 the instructional personnel assigned to that program. The
617 Secretary of Juvenile Justice or the director of a juvenile
618 justice program may request that the performance of a teacher
619 assigned by the district to a juvenile justice education program
620 be reviewed by the district and that the teacher be reassigned
621 based upon an evaluation conducted pursuant to s. 1012.34 or for
622 inappropriate behavior Teachers assigned to educational programs
623 in juvenile justice settings in which the district school board
624 operates the educational program shall be selected by the
625 district school board in consultation with the director of the
626 juvenile justice facility. Educational programs in Juvenile
627 justice education programs facilities shall have access to the
628 substitute teacher pool used utilized by the district school
629 board.
630 (12)(11) District school boards may contract with a private
631 provider for the provision of education educational programs to
632 students youths placed with the Department of Juvenile Justice
633 and shall generate local, state, and federal funding, including
634 funding through the Florida Education Finance Program for such
635 students. The district school board’s planning and budgeting
636 process shall include the needs of Department of Juvenile
637 Justice programs in the district school board’s plan for
638 expenditures for state categorical and federal funds.
639 (13)(12)(a) Funding for eligible students enrolled in
640 juvenile justice education programs shall be provided through
641 the Florida Education Finance Program as provided in s. 1011.62
642 and the General Appropriations Act. Funding shall include, at a
643 minimum:
644 1. Weighted program funding or the basic amount for current
645 operation multiplied by the district cost differential as
646 provided in s. 1011.62(1)(s) 1011.62(1)(r) and (2);
647 2. The supplemental allocation for juvenile justice
648 education as provided in s. 1011.62(10);
649 3. A proportionate share of the district’s exceptional
650 student education guaranteed allocation, the supplemental
651 academic instruction allocation, and the instructional materials
652 allocation;
653 4. An amount equivalent to the proportionate share of the
654 state average potential discretionary local effort for
655 operations, which shall be determined as follows:
656 a. If the district levies the maximum discretionary local
657 effort and the district’s discretionary local effort per FTE is
658 less than the state average potential discretionary local effort
659 per FTE, the proportionate share shall include both the
660 discretionary local effort and the compression supplement per
661 FTE. If the district’s discretionary local effort per FTE is
662 greater than the state average per FTE, the proportionate share
663 shall be equal to the state average; or
664 b. If the district does not levy the maximum discretionary
665 local effort and the district’s actual discretionary local
666 effort per FTE is less than the state average potential
667 discretionary local effort per FTE, the proportionate share
668 shall be equal to the district’s actual discretionary local
669 effort per FTE. If the district’s actual discretionary local
670 effort per FTE is greater than the state average per FTE, the
671 proportionate share shall be equal to the state average
672 potential local effort per FTE; and
673 5. A proportionate share of the district’s proration to
674 funds available, if necessary.
675 (b) Juvenile justice education educational programs to
676 receive the appropriate FEFP funding for Department of Juvenile
677 Justice programs shall include those operated through a contract
678 with the Department of Juvenile Justice and which are under
679 purview of the Department of Juvenile Justice quality assurance
680 standards for education.
681 (c) Consistent with the rules of the State Board of
682 Education, district school boards are required to request an
683 alternative FTE survey for Department of Juvenile Justice
684 programs experiencing fluctuations in student enrollment.
685 (d) FTE count periods shall be prescribed in rules of the
686 State Board of Education and shall be the same for programs of
687 the Department of Juvenile Justice as for other public school
688 programs. The summer school period for students in Department of
689 Juvenile Justice programs shall begin on the day immediately
690 following the end of the regular school year and end on the day
691 immediately preceding the subsequent regular school year.
692 Students shall be funded for no more than 25 hours per week of
693 direct instruction.
694 (e) Each juvenile justice education program must receive
695 all federal funds for which the program is eligible.
696 (14)(13) Each district school board shall negotiate a
697 cooperative agreement with the Department of Juvenile Justice on
698 the delivery of educational services to students youths under
699 the jurisdiction of the Department of Juvenile Justice. Such
700 agreement must include, but is not limited to:
701 (a) Roles and responsibilities of each agency, including
702 the roles and responsibilities of contract providers.
703 (b) Administrative issues including procedures for sharing
704 information.
705 (c) Allocation of resources including maximization of
706 local, state, and federal funding.
707 (d) Procedures for educational evaluation for educational
708 exceptionalities and special needs.
709 (e) Curriculum and delivery of instruction.
710 (f) Classroom management procedures and attendance
711 policies.
712 (g) Procedures for provision of qualified instructional
713 personnel, whether supplied by the district school board or
714 provided under contract by the provider, and for performance of
715 duties while in a juvenile justice setting.
716 (h) Provisions for improving skills in teaching and working
717 with students referred to juvenile justice programs delinquents.
718 (i) Transition plans for students moving into and out of
719 juvenile programs facilities.
720 (j) Procedures and timelines for the timely documentation
721 of credits earned and transfer of student records.
722 (k) Methods and procedures for dispute resolution.
723 (l) Provisions for ensuring the safety of education
724 personnel and support for the agreed-upon education program.
725 (m) Strategies for correcting any deficiencies found
726 through the accountability and evaluation system and student
727 performance measures quality assurance process.
728 (15)(14) Nothing in this section or in a cooperative
729 agreement requires shall be construed to require the district
730 school board to provide more services than can be supported by
731 the funds generated by students in the juvenile justice
732 programs.
733 (16)(15)(a) The Department of Education, in consultation
734 with the Department of Juvenile Justice, district school boards,
735 and providers, shall adopt rules establishing: establish
736 (a) Objective and measurable student performance measures
737 to evaluate a student’s educational progress while participating
738 in a prevention, day treatment, or residential program. The
739 student performance measures must be based on appropriate
740 outcomes for all students in juvenile justice education
741 programs, taking into consideration the student’s length of stay
742 in the program. Performance measures shall include outcomes that
743 relate to student achievement of career education goals,
744 acquisition of employability skills, receipt of a high school
745 diploma, and grade advancement.
746 (b) A performance rating system to be used by the
747 Department of Education to evaluate quality assurance standards
748 for the delivery of educational services within each of the
749 juvenile justice programs. The performance rating shall be
750 primarily based on data regarding student performance as
751 described in paragraph (a) component of residential and
752 nonresidential juvenile justice facilities.
753 (c) The timeframes, procedures, and resources to be used to
754 improve a low-rated educational program or to terminate or
755 reassign the program These standards shall rate the district
756 school board’s performance both as a provider and contractor.
757 The quality assurance rating for the educational component shall
758 be disaggregated from the overall quality assurance score and
759 reported separately.
760 (d)(b) The Department of Education shall develop A
761 comprehensive accountability and program improvement quality
762 assurance review process in partnership with the Department of
763 Juvenile Justice. The accountability and program improvement
764 process shall be based on student performance measures by type
765 of program and shall rate education program performance. The
766 accountability system shall identify and recognize high
767 performing education programs. The Department of Education, in
768 partnership with the Department of Juvenile Justice, shall also
769 identify low-performing programs. Low-performing education
770 programs shall receive an onsite program evaluation from the
771 Department of Juvenile Justice. School improvement, technical
772 assistance, or the reassignment of the program shall be based,
773 in part, on the results of the program evaluation. Through a
774 corrective action process, low-performing programs must
775 demonstrate improvement or reassign the program and schedule for
776 the evaluation of the educational component in juvenile justice
777 programs. The Department of Juvenile Justice quality assurance
778 site visit and the education quality assurance site visit shall
779 be conducted during the same visit.
780 (c) The Department of Education, in consultation with
781 district school boards and providers, shall establish minimum
782 thresholds for the standards and key indicators for educational
783 programs in juvenile justice facilities. If a district school
784 board fails to meet the established minimum standards, it will
785 be given 6 months to achieve compliance with the standards. If
786 after 6 months, the district school board’s performance is still
787 below minimum standards, the Department of Education shall
788 exercise sanctions as prescribed by rules adopted by the State
789 Board of Education. If a provider, under contract with the
790 district school board, fails to meet minimum standards, such
791 failure shall cause the district school board to cancel the
792 provider’s contract unless the provider achieves compliance
793 within 6 months or unless there are documented extenuating
794 circumstances.
795 (d) The requirements in paragraphs (a), (b), and (c) shall
796 be implemented to the extent that funds are available.
797 (17) The department, in collaboration with the Department
798 of Juvenile Justice, shall monitor and report on the educational
799 performance of students in commitment, day treatment,
800 prevention, and detention programs. The report by the Department
801 of Education must include, at a minimum, the number and
802 percentage of students who:
803 (a) Return to an alternative school, middle school, or high
804 school upon release and the attendance rate of such students
805 before and after participation in juvenile justice education
806 programs.
807 (b) Receive a standard high school diploma or a high school
808 equivalency diploma.
809 (c) Receive industry certification.
810 (d) Receive occupational completion points.
811 (e) Enroll in a postsecondary educational institution.
812 (f) Complete a juvenile justice education program without
813 reoffending.
814 (g) Reoffend within 1 year after completion of a day
815 treatment or residential commitment program.
816 (h) Remain employed 1 year after completion of a day
817 treatment or residential commitment program.
818
819 The results of this report shall be included in the report
820 required by s. 985.632.
821 (18)(16) The district school board may shall not be charged
822 any rent, maintenance, utilities, or overhead on such
823 facilities. Maintenance, repairs, and remodeling of existing
824 facilities shall be provided by the Department of Juvenile
825 Justice.
826 (19)(17) When additional facilities are required, the
827 district school board and the Department of Juvenile Justice
828 shall agree on the appropriate site based on the instructional
829 needs of the students. When the most appropriate site for
830 instruction is on district school board property, a special
831 capital outlay request shall be made by the commissioner in
832 accordance with s. 1013.60. When the most appropriate site is on
833 state property, state capital outlay funds shall be requested by
834 the Department of Juvenile Justice provided by s. 216.043 and
835 shall be submitted as specified by s. 216.023. Any instructional
836 facility to be built on state property shall have educational
837 specifications jointly developed by the district school board
838 and the Department of Juvenile Justice and approved by the
839 Department of Education. The size of space and occupant design
840 capacity criteria as provided by State Board of Education rules
841 shall be used for remodeling or new construction whether
842 facilities are provided on state property or district school
843 board property.
844 (20)(18) The parent of an exceptional student shall have
845 the due process rights provided for in this chapter.
846 (21)(19) The Department of Education and the Department of
847 Juvenile Justice, after consultation with and assistance from
848 local providers and district school boards, shall collect data
849 report annually to the Legislature by February 1 on the progress
850 toward developing effective education educational programs for
851 juvenile delinquents, including the amount of funding provided
852 by district school boards to juvenile justice programs;, the
853 amount retained for administration, including documenting the
854 purposes for such expenses;, the status of the development of
855 cooperative agreements; education program performance, the
856 results, including the identification of high- and low
857 performing programs and aggregate student performance results;
858 of the quality assurance reviews including recommendations for
859 system improvement;, and information on the identification of,
860 and services provided to, exceptional students in juvenile
861 justice programs commitment facilities to determine whether
862 these students are properly reported for funding and are
863 appropriately served.
864 (22)(20) The education educational programs at the Arthur
865 Dozier School for Boys in Jackson County and the Florida School
866 for Boys in Okeechobee shall be operated by the Department of
867 Education, either directly or through grants or contractual
868 agreements with other public or duly accredited education
869 agencies approved by the Department of Education.
870 (23)(21) The State Board of Education shall may adopt any
871 rules necessary to implement the provisions of this section,
872 including uniform curriculum, funding, and second chance
873 schools. Such rules must require the minimum amount of paperwork
874 and reporting.
875 (24)(22) The Department of Juvenile Justice and the
876 Department of Education, in consultation with Workforce Florida,
877 Inc., the statewide Workforce Development Youth Council,
878 district school boards, Florida College System institutions,
879 providers, and others, shall jointly develop a multiagency plan
880 for career education which describes the funding, curriculum,
881 transfer of credits, goals, and outcome measures for career
882 education programming in juvenile commitment facilities,
883 pursuant to s. 985.622. The plan must be reviewed annually.
884 Section 6. Paragraph (b) of subsection (18) of section
885 1001.42, Florida Statutes, is amended to read:
886 1001.42 Powers and duties of district school board.—The
887 district school board, acting as a board, shall exercise all
888 powers and perform all duties listed below:
889 (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.
890 Maintain a state system of school improvement and education
891 accountability as provided by statute and State Board of
892 Education rule. This system of school improvement and education
893 accountability shall be consistent with, and implemented
894 through, the district’s continuing system of planning and
895 budgeting required by this section and ss. 1008.385, 1010.01,
896 and 1011.01. This system of school improvement and education
897 accountability shall comply with the provisions of ss. 1008.33,
898 1008.34, 1008.345, and 1008.385 and include the following:
899 (b) Public disclosure.—The district school board shall
900 provide information regarding the performance of students and
901 educational programs as required pursuant to ss. 1008.22 and
902 1008.385 and implement a system of school reports as required by
903 statute and State Board of Education rule which shall include
904 schools operating for the purpose of providing educational
905 services to students youth in Department of Juvenile Justice
906 programs, and for those schools, report on the elements
907 specified in s. 1003.52(16) 1003.52(19). Annual public
908 disclosure reports shall be in an easy-to-read report card
909 format and shall include the school’s grade, high school
910 graduation rate calculated without high school equivalency
911 examinations GED tests, disaggregated by student ethnicity, and
912 performance data as specified in state board rule.
913 Section 7. The Division of Law Revision and Information is
914 requested to prepare a reviser’s bill for introduction at the
915 next regular session of the Legislature to change the terms
916 “General Educational Development test” or “GED test” to “high
917 school equivalency examination” and the terms “general education
918 diploma,” “graduate equivalency diploma,” or “GED” to “high
919 school equivalency diploma” wherever those terms appear in the
920 Florida Statutes.
921 Section 8. This act shall take effect July 1, 2013.
922
923 ================= T I T L E A M E N D M E N T ================
924 And the title is amended as follows:
925 Delete everything before the enacting clause
926 and insert:
927 A bill to be entitled
928 An act relating to juvenile justice education
929 programs; amending s. 985.622, F.S.; revising
930 provisions to be included in the multiagency education
931 plan for students in juvenile justice education
932 programs, including virtual education as an option;
933 amending s. 985.632, F.S.; requiring the Department of
934 Juvenile Justice to provide cost and effectiveness
935 information for program and program activities to the
936 Legislature and the public; deleting legislative
937 intent language; requiring implementation of an
938 accountability system to ensure client needs are met;
939 requiring the department and the Department of
940 Education to submit an annual report that includes
941 data on program costs and effectiveness and student
942 achievement and recommendations for elimination or
943 modification of programs; amending s. 1001.31, F.S.;
944 authorizing instructional personnel at all juvenile
945 justice facilities to access specific student records
946 at the district; amending s. 1003.51, F.S.; revising
947 terminology; revising requirements for rules to be
948 maintained by the State Board of Education; providing
949 expectations for effective education programs for
950 students in Department of Juvenile Justice programs;
951 revising requirements for contract and cooperative
952 agreements for the delivery of appropriate education
953 services to students in Department of Juvenile Justice
954 programs; requiring the Department of Education to
955 ensure that juvenile justice students who are eligible
956 have access to high school equivalency testing;
957 requiring the Department of Education to assist
958 juvenile justice education programs with becoming high
959 school equivalency testing centers; revising
960 requirements for an accountability system that
961 assesses and evaluates all juvenile justice education
962 programs; revising requirements of district school
963 boards; amending s. 1003.52, F.S.; revising
964 requirements for activities to be coordinated by the
965 coordinators for juvenile justice education programs;
966 authorizing contracting for educational assessments;
967 revising requirements for assessments; authorizing
968 access to local virtual education courses; requiring
969 that an education program be based on each student’s
970 transition plan and assessed educational needs;
971 providing requirements for prevention and day
972 treatment juvenile justice education programs;
973 requiring progress monitoring plans for all students
974 not classified as exceptional student education
975 students; revising requirements for such plans;
976 requiring that the Department of Education, in
977 partnership with the Department of Juvenile Justice,
978 ensure that school districts and juvenile justice
979 education providers develop individualized transition
980 plans; providing requirements for such plans;
981 providing that the Secretary of Juvenile Justice or
982 the director of a juvenile justice program may request
983 that a school district teacher’s performance be
984 reviewed by the district and that the teacher be
985 reassigned in certain circumstances; correcting a
986 cross-reference; requiring the Department of Education
987 to establish by rule objective and measurable student
988 performance measures and program performance ratings;
989 providing requirements for such ratings; requiring a
990 comprehensive accountability and program improvement
991 process; providing requirements for such a process;
992 deleting provisions for minimum thresholds for the
993 standards and key indicators for education programs in
994 juvenile justice facilities; deleting a requirement
995 for an annual report; requiring data collection;
996 deleting provisions concerning the Arthur Dozier
997 School for Boys; requiring rulemaking; amending s.
998 1001.42, F.S.; revising terminology; revising a cross
999 reference; providing a directive to the Division of
1000 Law Revision and Information; providing an effective
1001 date.