Florida Senate - 2013                                    SB 1406
       
       
       
       By Senator Bean
       
       
       
       
       4-00522A-13                                           20131406__
    1                        A bill to be entitled                      
    2         An act relating to juvenile justice education
    3         programs; amending s. 985.632, F.S.; conforming a
    4         cross-reference; amending s. 1001.42, F.S.; conforming
    5         a cross-reference; amending s. 1003.51, F.S.; revising
    6         the content of rules relating to expectations for
    7         education programs for youth in certain Department of
    8         Juvenile Justice programs; requiring that assessments
    9         of students in all juvenile justice programs be
   10         completed within a specified time period; specifying
   11         recommended instructional programs in juvenile justice
   12         education programs; increasing percentage of Florida
   13         Education Finance Program (FEFP) funds required to be
   14         spent on students in juvenile justice programs;
   15         requiring a certain percentage of specified federal
   16         funds to be spent on students in juvenile justice
   17         programs; requiring standardization of qualifications
   18         for juvenile justice education instructors across the
   19         state and procedures for use of non-certified
   20         instruction personnel; specifying minimum contract
   21         requirements for juvenile justice education programs;
   22         authorizing immediate sanctions for district school
   23         boards whose juvenile justice education programs are
   24         considered unsatisfactory; specifying minimum contract
   25         requirements for the delivery of education services to
   26         youth in juvenile justice programs; requiring the
   27         Department of Juvenile Justice to ensure that school
   28         district personnel are trained to manage and monitor
   29         contracts for juvenile justice education programs;
   30         requiring the Department of Juvenile Justice, district
   31         school boards, and education providers to maintain a
   32         student’s education transition plan and career and
   33         technical accomplishments as part of a student’s
   34         education record; funding a program to pay GED testing
   35         fees for youth in juvenile justice education programs
   36         and ensuring that eligible youth have access to GED
   37         testing; deleting provision requiring district school
   38         boards or Florida College system institutions to waive
   39         GED testing fees for youth in juvenile justice
   40         programs, designate schools as GED testing centers, or
   41         pay administrative fees for the GED test; requiring
   42         the Department of Education to establish an
   43         accountability system that annually evaluates all
   44         juvenile justice education programs using student
   45         performance measures; requiring the Department of
   46         Education to collaborate with certain entities to
   47         develop annual recommendations for system and school
   48         improvement; amending s. 1003.52, F.S.; providing
   49         legislative intent relating to educational services in
   50         juvenile justice programs; requiring the participation
   51         of the Department of Education and the Department of
   52         Juvenile Justice in certain activities related to
   53         juvenile justice education programs by each
   54         department’s respective Coordinator of Juvenile
   55         Justice Programs; requiring that the annual
   56         cooperative agreement plan between the Department of
   57         Education and the Department of Juvenile Justice
   58         address each agency’s role regarding educational
   59         program accountability, technical assistance,
   60         training, and coordination of services; requiring
   61         district schools in counties where juvenile justice
   62         programs are located to provide or contract for
   63         educational services and programs of instruction;
   64         providing that students in juvenile justice education
   65         programs that test for the GED remain enrolled in the
   66         education program for the duration of the FTE period
   67         in which they are tested; requiring juvenile justice
   68         education providers to assist the Department of
   69         Education in selecting student assessment instruments
   70         for measuring student performance; requiring local
   71         school districts to provide access to virtual
   72         education courses for students in juvenile justice
   73         education programs; prescribing fees chargeable to
   74         juvenile justice education programs for virtual
   75         courses accessed through local school districts;
   76         prescribing the basis and content of a youth’s
   77         educational program within juvenile justice programs;
   78         requiring minimum course offerings and services from
   79         specified juvenile justice programs; requiring that a
   80         progress monitoring plan be developed for certain
   81         students; prescribing content of progress monitoring
   82         plans; requiring that the Department of Education and
   83         the Department of Juvenile Justice ensure the
   84         development of education transition plans for youth in
   85         juvenile justice programs; specifying criteria
   86         regarding the development, content and implementation
   87         of education transition plans; requiring local school
   88         districts to consider needs of students and education
   89         transition plans when students reenter school
   90         districts; prohibiting local school districts from
   91         maintaining a general policy regarding youth returning
   92         from juvenile justice programs; providing that the
   93         Secretary of the Department of Juvenile Justice or the
   94         director of a juvenile justice program can request
   95         review of a teacher’s performance or request teacher
   96         reassignment for poor performance or inappropriate
   97         behavior; specifying certain juvenile justice programs
   98         to receive year-round FEFP funding; prescribing the
   99         method and amount of funding for students in juvenile
  100         justice programs; requiring the Department of
  101         Education to fund students in juvenile justice
  102         education programs who have graduated or received
  103         their GEDs; requiring that the effectiveness of
  104         juvenile justice education programs be determined by
  105         information gathered through systematic data
  106         collection, data analysis, evaluations, and
  107         accountability system; requiring that the programs be
  108         evaluated based on student performance outcomes;
  109         specifying student performance outcomes; establishing
  110         a program rating system based upon student performance
  111         measures; deleting a provision allowing school
  112         districts or education providers who fail to meet
  113         minimum standards a 6-month period to achieve
  114         compliance before being subject to sanctions adopted
  115         by board rules; deleting provisions requiring the
  116         Department of Education to operate an educational
  117         program at the Arthur Dozier School for Boys;
  118         requiring additional areas to be addressed in the
  119         Department of Juvenile Justice and the Department of
  120         Education annual report to the Legislature on
  121         effective educational programs for juvenile
  122         delinquents; requiring the State Board of Education to
  123         adopt rules; amending s. 1011.62, F.S.; revising
  124         calculation for the allocation of funds to juvenile
  125         justice education programs from the FEFP; providing an
  126         effective date.
  127  
  128  Be It Enacted by the Legislature of the State of Florida:
  129  
  130         Section 1. Subsection (3) of section 985.632, Florida
  131  Statutes, is amended to read:
  132         985.632 Quality assurance and cost-effectiveness.—
  133         (3) The department shall annually collect and report cost
  134  data for every program operated or contracted by the department.
  135  The cost data shall conform to a format approved by the
  136  department and the Legislature. Uniform cost data shall be
  137  reported and collected for state-operated and contracted
  138  programs so that comparisons can be made among programs. The
  139  department shall ensure that there is accurate cost accounting
  140  for state-operated services including market-equivalent rent and
  141  other shared cost. The cost of the educational program provided
  142  to a residential facility shall be reported and included in the
  143  cost of a program. The department shall submit an annual cost
  144  report to the President of the Senate, the Speaker of the House
  145  of Representatives, the Minority Leader of each house of the
  146  Legislature, the appropriate substantive and fiscal committees
  147  of each house of the Legislature, and the Governor, no later
  148  than December 1 of each year. Cost-benefit analysis for
  149  educational programs will be developed and implemented in
  150  collaboration with and in cooperation with the Department of
  151  Education, local providers, and local school districts. Cost
  152  data for the report shall include data collected by the
  153  Department of Education for the purposes of preparing the annual
  154  report required by s. 1003.52(20) 1003.52(19).
  155         Section 2. Paragraph (b) of subsection (18) of section
  156  1001.42, Florida Statutes, is amended to read:
  157         1001.42 Powers and duties of district school board.—The
  158  district school board, acting as a board, shall exercise all
  159  powers and perform all duties listed below:
  160         (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.
  161  Maintain a state system of school improvement and education
  162  accountability as provided by statute and State Board of
  163  Education rule. This system of school improvement and education
  164  accountability shall be consistent with, and implemented
  165  through, the district’s continuing system of planning and
  166  budgeting required by this section and ss. 1008.385, 1010.01,
  167  and 1011.01. This system of school improvement and education
  168  accountability shall comply with the provisions of ss. 1008.33,
  169  1008.34, 1008.345, and 1008.385 and include the following:
  170         (b) Public disclosure.—The district school board shall
  171  provide information regarding the performance of students and
  172  educational programs as required pursuant to ss. 1008.22 and
  173  1008.385 and implement a system of school reports as required by
  174  statute and State Board of Education rule which shall include
  175  schools operating for the purpose of providing educational
  176  services to youth in Department of Juvenile Justice programs,
  177  and for those schools, report on the elements specified in s.
  178  1003.52(20) 1003.52(19). Annual public disclosure reports shall
  179  be in an easy-to-read report card format and shall include the
  180  school’s grade, high school graduation rate calculated without
  181  GED tests, disaggregated by student ethnicity, and performance
  182  data as specified in state board rule.
  183         Section 3. Subsections (2) through (5) of section 1003.51,
  184  Florida Statutes, are amended to read:
  185         1003.51 Other public educational services.—
  186         (2) The State Board of Education shall adopt rules and
  187  maintain an administrative rule articulating expectations for
  188  effective education programs for youth in Department of Juvenile
  189  Justice programs, including, but not limited to, education
  190  programs in juvenile justice prevention, day treatment,
  191  residential, commitment and detention facilities. The rules must
  192  rule shall articulate the following policies and standards for
  193  education programs for youth in Department of Juvenile Justice
  194  programs and shall include the following:
  195         (a) The interagency collaborative process needed to ensure
  196  effective programs with measurable results.
  197         (b) The responsibilities of the Department of Education,
  198  the Department of Juvenile Justice, Workforce Florida, Inc.,
  199  district school boards, and providers of education services to
  200  youth in Department of Juvenile Justice programs.
  201         (c) Academic expectations.
  202         (d) Career and technical expectations.
  203         (e) Education transition planning and services.
  204         (f)(d) Service delivery options available to district
  205  school boards, including direct service and contracting.
  206         (g)(e) Assessment procedures, which:
  207         1. Include appropriate academic and career assessments
  208  administered at program entry and exit which that are selected
  209  by the Department of Education in partnership with
  210  representatives from the Department of Juvenile Justice,
  211  district school boards, and education providers.
  212         2. Require district school boards to be responsible for
  213  ensuring the completion of the assessment process.
  214         3. Require assessments for students in detention who will
  215  move on to commitment facilities, to be designed to create the
  216  foundation for developing the student’s education program in the
  217  assigned commitment facility.
  218         3.4. Require assessments of students in juvenile justice
  219  education programs sent directly to commitment facilities to be
  220  completed within the first 10 school days after of the student’s
  221  entry into the program commitment. The results of these
  222  assessments, together with a portfolio depicting the student’s
  223  academic and career accomplishments, must shall be included in
  224  the discharge package assembled for each youth.
  225         (h)(f) Recommended instructional programs, including, but
  226  not limited to, programs in secondary education, GED
  227  preparation, postsecondary education, career training, and job
  228  preparation.
  229         (i)(g) Funding requirements, which must shall include the
  230  requirement that:
  231         1. At least 95 90 percent of the FEFP funds generated by
  232  students in Department of Juvenile Justice programs or in an
  233  education program for juveniles under s. 985.19 be spent on
  234  instructional costs for those students;.
  235         2. One hundred percent of the formula-based categorical
  236  funds generated by students in Department of Juvenile Justice
  237  programs must be spent on appropriate categoricals such as
  238  instructional materials and public school technology for those
  239  students; and.
  240         3. Ninety percent of federal Title I, Part D funds
  241  generated by students in Department of Juvenile Justice programs
  242  be spent directly on educational and transition services for
  243  those students.
  244         (j)(h) Qualifications of instructional staff, procedures
  245  for the selection of instructional staff, and procedures to
  246  ensure consistent instruction and qualified staff year round.
  247  The qualifications for career and technical education
  248  instructors must be standardized across the state and based on
  249  state certification, local school district approval, industry
  250  recognized credentials or industry training, and procedures for
  251  the use of noncertified instruction personnel who possess expert
  252  knowledge or experience in their field of instruction.
  253         (k)(i) Transition services, including the roles and
  254  responsibilities of appropriate personnel in the juvenile
  255  justice education program, the school district in which the
  256  youth will reenter districts, provider organizations, and the
  257  Department of Juvenile Justice.
  258         (l)(j) Procedures and timeframe for transfer of education
  259  records when a youth enters and leaves a Department of Juvenile
  260  Justice education program facility.
  261         (m)(k) The requirement that each district school board
  262  maintain an academic transcript for each student enrolled in a
  263  juvenile justice education program facility that delineates each
  264  course completed by the student as provided by the State Course
  265  Code Directory.
  266         (n)(l) The requirement that each district school board make
  267  available and transmit a copy of a student’s transcript in the
  268  discharge packet when the student exits a juvenile justice
  269  education program facility.
  270         (o)(m)Minimum contract requirements, including, but not
  271  limited to, payments, contract management, data reporting, FTE
  272  reporting, and access to district services such as ESE, virtual
  273  education and career technical education.
  274         (p)(n) Performance expectations for providers and district
  275  school boards, including student performance measures that are
  276  appropriate to the student population being served, educational
  277  program performance ratings, school improvement plans, and
  278  corrective action plans for low-performing programs the
  279  provision of a progress monitoring plan as required in s.
  280  1008.25.
  281         (q)(o) The role and responsibility of the district school
  282  board in securing workforce development funds.
  283         (r)(p) A series of graduated sanctions for district school
  284  boards whose educational programs in Department of Juvenile
  285  Justice programs facilities are considered to be unsatisfactory
  286  and for instances in which district school boards fail to meet
  287  standards prescribed by law, rule, or State Board of Education
  288  policy. These sanctions must shall include the option of
  289  requiring a district school board to contract with a provider or
  290  another district school board to provide education programs in
  291  Department of Juvenile Justice programs if the educational
  292  program at the Department of Juvenile Justice facility has
  293  failed a quality assurance review and, after 6 months, is still
  294  performing below minimum standards.
  295         (s)(q)Curriculum, guidance counseling, transition, and
  296  education services expectations, including curriculum
  297  flexibility for detention centers operated by the Department of
  298  Juvenile Justice Other aspects of program operations.
  299         (t) Other aspects of program operations.
  300         (3) The Department of Education in partnership with the
  301  Department of Juvenile Justice, the district school boards, and
  302  providers shall:
  303         (a) Develop and maintain contract and cooperative agreement
  304  requirements Maintain model contracts for the delivery of
  305  appropriate education services to youth in Department of
  306  Juvenile Justice programs to be used for the development of
  307  future contracts. The minimum contract requirements must include
  308  payments, access to district services, contract management, data
  309  reporting, FTE reporting, the administration of federal programs
  310  such as Title I of the Elementary and Secondary Education Act of
  311  1965, 20 U.S.C. s. 6301 et seq., exceptional student education,
  312  and the Carl D. Perkins Career and Technical Education Act of
  313  2006, 20 U.S.C. s. 2301 et seq., and model contracts shall
  314  reflect the policy and standards included in subsection (2). The
  315  Department of Education, in partnership with the Department of
  316  Juvenile Justice, shall ensure that appropriate district school
  317  board personnel are trained and held accountable for the
  318  management and monitoring of contracts for education programs
  319  for youth in juvenile justice prevention, day treatment,
  320  residential, and detention programs nonresidential facilities.
  321         (b) Maintain model procedures for transitioning youth into
  322  and out of Department of Juvenile Justice education programs.
  323  These procedures must shall reflect the policy and standards
  324  adopted pursuant to subsection (2).
  325         (c) Maintain standardized required content of education
  326  records to be included as part of a youth’s commitment record.
  327  These requirements must shall reflect the policy and standards
  328  adopted pursuant to subsection (2) and shall include, but not be
  329  limited to, the following:
  330         1. A copy of the student’s education transition individual
  331  educational plan.
  332         2. Assessment data, including grade level proficiency in
  333  reading, writing, and mathematics, and performance on tests
  334  taken pursuant according to s. 1008.22.
  335         3. A copy of the student’s permanent cumulative record.
  336         4. A copy of the student’s academic transcript.
  337         5. A portfolio reflecting the youth’s academic, career, and
  338  technical accomplishments, if age appropriate, while in the
  339  Department of Juvenile Justice program.
  340         (d) Maintain model procedures for securing the education
  341  record and the roles and responsibilities of the juvenile
  342  probation officer and others involved in the withdrawal of the
  343  student from school and assignment to a juvenile justice
  344  education program a commitment or detention facility. District
  345  school boards shall respond to requests for student education
  346  records received from another district school board or a
  347  juvenile justice facility within 5 working days after receiving
  348  the request.
  349         (4) The Department of Education shall ensure that district
  350  school boards notify students in juvenile justice education
  351  programs residential or nonresidential facilities who attain the
  352  age of 16 years of age of the provisions of law regarding
  353  compulsory school attendance and make available the option of
  354  enrolling in a program to attain a Florida high school diploma
  355  by taking the General Educational Development (GED) test as
  356  authorized by s. 1003.435 before prior to release from the
  357  program. Juvenile justice programs shall receive funds through
  358  the FEFP to pay the facility. District school boards or Florida
  359  College System institutions, or both, shall waive GED testing
  360  fees for youth who pass the GED in whole or in part while in a
  361  Department of Juvenile Justice education program residential
  362  programs and shall, upon request, designate schools operating
  363  for the purpose of providing educational services to youth in
  364  Department of Juvenile Justice programs as GED testing centers,
  365  subject to GED testing center requirements. The administrative
  366  fees for the General Educational Development test required by
  367  the Department of Education are the responsibility of district
  368  school boards and may be required of providers by contractual
  369  agreement.
  370         (5) The Department of Education shall establish and
  371  operate, either directly or indirectly through a contract, an
  372  accountability system that annually assesses and evaluates all
  373  juvenile justice education programs using student performance
  374  measures that are appropriate for the student population served
  375  and program performance ratings, a mechanism to provide quality
  376  assurance reviews of all juvenile justice education programs and
  377  shall provide technical assistance, and related research to
  378  district school boards and education providers. The Department
  379  of Education, with input from the Department of Juvenile
  380  Justice, school districts, and education providers, shall
  381  develop annual recommendations for the accountability system and
  382  the improvement of the education programs on how to establish,
  383  develop, and operate educational programs that exceed the
  384  minimum quality assurance standards.
  385         Section 4. Section 1003.52, Florida Statutes, is amended to
  386  read:
  387         1003.52 Educational services in Department of Juvenile
  388  Justice programs.—
  389         (1) The Legislature finds that education is the single most
  390  important factor in the rehabilitation of adjudicated delinquent
  391  youth in the custody of Department of Juvenile Justice programs.
  392  It is the goal of the Legislature that youth in the juvenile
  393  justice system continue to have be allowed the opportunity to
  394  obtain a high quality education that includes academic, career,
  395  and technical education and that results in educational gains
  396  and outcomes leading to continuing education or meaningful
  397  employment after release. The Department of Education shall
  398  serve as the lead agency for juvenile justice education
  399  programs, curriculum, support services, and resources. To this
  400  end, the Department of Education and the Department of Juvenile
  401  Justice shall each designate a Coordinator for Juvenile Justice
  402  Education Programs to serve as the point of contact for
  403  resolving issues not addressed by district school boards and to
  404  provide each department’s participation in the following
  405  activities:
  406         (a) Training, collaborating, and coordinating with the
  407  Department of Juvenile Justice, district school boards, local
  408  work force boards, youth councils, educational contract
  409  providers, and juvenile justice providers, whether state
  410  operated or contracted.
  411         (b) Collecting information on the academic, career and
  412  technical education, and transition performance of students in
  413  juvenile justice programs and reporting on the results.
  414         (c) Developing academic, and career, and technical
  415  education protocols that provide guidance to district school
  416  boards and juvenile justice education providers in all aspects
  417  of education programming, including records transfer and
  418  transition.
  419         (d) Implementing a joint accountability, program
  420  performance and school improvement system. Prescribing the roles
  421  of program personnel and interdepartmental district school board
  422  or provider collaboration strategies.
  423  
  424  Annually, a cooperative agreement and plan for juvenile justice
  425  education service enhancement shall be developed between the
  426  Department of Juvenile Justice and the Department of Education
  427  and submitted to the Secretary of Juvenile Justice and the
  428  Commissioner of Education by June 30. The plan must, at a
  429  minimum, include each agency’s role regarding educational
  430  program accountability, technical assistance, training, and
  431  coordination of services.
  432         (2) Students participating in Department of Juvenile
  433  Justice programs pursuant to chapter 985 which are sponsored by
  434  a community-based agency or are operated or contracted for by
  435  the Department of Juvenile Justice shall receive educational
  436  programs according to rules of the State Board of Education.
  437  These students are shall be eligible for services afforded to
  438  students enrolled in programs pursuant to s. 1003.53 and all
  439  corresponding State Board of Education rules.
  440         (3) The district school board of the county in which the
  441  juvenile justice education prevention, day treatment,
  442  residential, or detention program residential or nonresidential
  443  care facility or juvenile assessment facility is located shall
  444  provide, or contract for, appropriate educational assessments
  445  and an appropriate program of instruction and special education
  446  services.
  447         (a) The district school board shall make provisions for
  448  each student to participate in basic, career education, and
  449  exceptional student programs as appropriate. Students served in
  450  Department of Juvenile Justice programs must shall have access
  451  to the appropriate courses and instruction to prepare them for
  452  the GED test. Students participating in GED preparation programs
  453  must shall be funded at the basic program cost factor for
  454  Department of Juvenile Justice programs in the Florida Education
  455  Finance Program. Students in juvenile justice education programs
  456  who test for the GED shall remain eligible for FEFP funds for
  457  the duration of the FTE period in which they are tested. Each
  458  program must shall be conducted according to applicable law
  459  providing for the operation of public schools and rules of the
  460  State Board of Education. School districts shall provide the GED
  461  exit option for all juvenile justice programs.
  462         (b) The By October 1, 2004, the Department of Education,
  463  with the assistance of the school districts and the juvenile
  464  justice education providers, shall select a common student
  465  assessment instrument and protocol for measuring student
  466  learning gains and student progression while a student is in a
  467  juvenile justice education program. The assessment instrument
  468  and protocol must be implemented in all state juvenile justice
  469  education programs in this state by January 1, 2005.
  470         (4) Educational services must shall be provided at times of
  471  the day most appropriate for the juvenile justice program.
  472  School programming in juvenile justice detention, prevention,
  473  day treatment, and residential commitment, and rehabilitation
  474  programs must shall be made available by the local school
  475  district during the juvenile justice school year, as described
  476  defined in s. 1003.01(11). In addition, students in juvenile
  477  justice education programs must shall have access to Florida
  478  Virtual School courses and local virtual education courses
  479  offered through the virtual schools that are operated by the
  480  school district or through providers of virtual education.
  481  Juvenile justice education programs may not be charged FTE for
  482  virtual courses accessed through the school district which are
  483  for credit recovery or are offered to youth beyond the 300
  484  minute daily requirement of instruction. The Department of
  485  Education and the school districts shall adopt policies
  486  necessary to ensure such access.
  487         (5) The educational program must be based on each youth’s
  488  reentry plan and assessed educational needs. Depending on the
  489  youth’s needs, educational programming must shall consist of
  490  remediation courses, appropriate basic academic courses required
  491  for grade advancement, career and technical education, GED
  492  preparation, or exceptional curricula and related services that
  493  which support the transition treatment goals and reentry and
  494  that which may lead to completion of the requirements for
  495  receipt of a high school diploma or its equivalent. Prevention
  496  and day treatment education programs, at a minimum, must provide
  497  career readiness and exploration as well as truancy and dropout
  498  prevention intervention services. Residential juvenile justice
  499  education programs that have a contracted minimum length of stay
  500  of 9 months must provide career and technical course offerings
  501  that lead to preapprentice certifications, industry
  502  certifications, occupational completion points, or work-related
  503  certifications. Residential programs with contracted lengths of
  504  stay of less than 9 months may provide career and technical
  505  course offerings that lead to preapprentice certifications,
  506  industry certifications, occupational completion points, or
  507  work-related certifications. If the duration of a program is
  508  less than 40 days, the educational component may be limited to
  509  tutorial remediation activities, and career employability
  510  skills, educational counseling, and transition services that
  511  prepare youth for a return to school, the community, and home
  512  settings based on the youth’s needs.
  513         (6) Participation in the program by students of compulsory
  514  school-attendance age as provided for in s. 1003.21 is shall be
  515  mandatory. All students of noncompulsory school-attendance age
  516  who have not received a high school diploma or its equivalent
  517  shall participate in the educational program, unless the student
  518  files a formal declaration of his or her intent to terminate
  519  school enrollment as described in s. 1003.21 and is afforded the
  520  opportunity to take the general educational development test and
  521  attain a Florida high school diploma before prior to release
  522  from a juvenile justice education program facility. A youth who
  523  has received a high school diploma or its equivalent and is not
  524  employed shall participate in workforce development, or other
  525  career or technical education, or Florida College System
  526  institution or university courses while in the program, subject
  527  to the availability of available funding.
  528         (7) A progress monitoring plan must shall be developed for
  529  all students who are not exceptional students who score below
  530  the level specified in district school board policy in reading,
  531  writing, and mathematics or below the level specified by the
  532  Commissioner of Education on statewide assessments as required
  533  by s. 1008.25. These plans must shall address academic,
  534  literacy, and career and technical life skills and shall include
  535  provisions for intensive remedial instruction in the areas of
  536  weakness.
  537         (8) Each district school board shall maintain an academic
  538  record for each student enrolled in a juvenile justice program
  539  facility as prescribed by s. 1003.51. Such record must shall
  540  delineate each course completed by the student according to
  541  procedures in the State Course Code Directory. The district
  542  school board shall include a copy of a student’s academic record
  543  in the discharge packet when the student exits the program
  544  facility.
  545         (9) The Department of Education shall ensure that all
  546  district school boards make provisions for high school level
  547  youth to earn credits toward high school graduation while in
  548  residential and nonresidential juvenile justice facilities.
  549  Provisions must be made for the transfer of credits and partial
  550  credits earned.
  551         (10)The Department of Education, in partnership with the
  552  Department of Juvenile Justice, shall ensure that school
  553  districts and juvenile justice education providers develop
  554  educational transition plans during the course of a youth’s stay
  555  in a juvenile justice education program in order to coordinate
  556  academic, career, technical, secondary, and postsecondary
  557  services that assist the youth in successful community
  558  reintegration upon release.
  559         (a) Transition planning must begin upon a youth’s placement
  560  in the program. The transition plan must, at a minimum, include:
  561         1. Services and interventions that address the youth’s
  562  assessed educational needs and postrelease educational plans.
  563         2. Services to be provided during the program stay and
  564  services to be implemented upon release, including, but not
  565  limited to, continuing education in secondary school, career and
  566  technical programs, postsecondary education, or employment,
  567  based on the youth’s needs.
  568         (b) Personnel in the juvenile justice education program,
  569  reentry personnel, personnel from the school district where the
  570  youth will return, the youth, the youth’s family, and the
  571  Department of Juvenile Justice personnel for committed youth, if
  572  possible, shall collaborate to develop the transition plan.
  573         (c) Individuals who are responsible for reintegration shall
  574  coordinate activities to ensure that the transition plan is
  575  implemented and the youth is provided access to support services
  576  that sustain the youth’s success.
  577         (d) For the purpose of transition planning and reentry
  578  services, local school district and workforce representatives
  579  shall participate as members of the local Department of Juvenile
  580  Justice reentry teams. A local school district must consider the
  581  individual needs and circumstances of the youth and the
  582  transition plan recommendations when enrolling a youth back into
  583  the school district. A local school district may not maintain a
  584  blanket policy for all youth returning from a juvenile justice
  585  program.
  586         (e) The Department of Education and the Department of
  587  Juvenile Justice shall provide oversight and guidance to school
  588  districts, educational providers, and reentry personnel on how
  589  to implement effective educational transition planning and
  590  services.
  591         (11)(10) The district school board shall recruit and train
  592  teachers who are interested, qualified, or experienced in
  593  educating students in juvenile justice programs. Students in
  594  juvenile justice programs must shall be provided a wide range of
  595  educational programs and opportunities including textbooks,
  596  technology, instructional support, and other resources available
  597  to students in public schools. Teachers assigned to educational
  598  programs in juvenile justice settings in which the district
  599  school board operates the educational program must shall be
  600  selected by the district school board in consultation with the
  601  director of the juvenile justice program. The Secretary of the
  602  Department of Juvenile Justice or the director of a juvenile
  603  justice program may request that a school district teacher’s
  604  performance be reviewed by the district or that the teacher be
  605  reassigned based on evidence of poor performance or
  606  inappropriate behavior. Juvenile facility. Educational programs
  607  in juvenile justice education programs must facilities shall
  608  have access to the substitute teacher pool used utilized by the
  609  district school board.
  610         (12)(11) District school boards may contract with a private
  611  provider for the provision of educational programs to youths
  612  placed with the Department of Juvenile Justice and shall
  613  generate local, state, and federal funding, including funding
  614  through the Florida Education Finance Program for such students.
  615  The district school board’s planning and budgeting process must
  616  shall include the needs of Department of Juvenile Justice
  617  programs in the district school board’s plan for expenditures
  618  for state categorical and federal funds.
  619         (13)(12)(a) Funding for eligible students enrolled in
  620  juvenile justice education programs shall be provided through
  621  the Florida Education Finance Program as provided in s. 1011.62
  622  and the General Appropriations Act.
  623         (a) At Funding shall include, at a minimum, funding must
  624  include:
  625         1. Weighted program funding or the basic amount for current
  626  operation multiplied by the district cost differential as
  627  provided in s. 1011.62(1)(r) and (2);
  628         2. The supplemental allocation for juvenile justice
  629  education as provided in s. 1011.62(10);
  630         3. A proportionate share of the district’s exceptional
  631  student education guaranteed allocation, the supplemental
  632  academic instruction allocation, and the instructional materials
  633  allocation;
  634         4. An amount equivalent to the proportionate share of the
  635  state average potential discretionary local effort for
  636  operations, which shall be determined as follows:
  637         a. If the district levies the maximum discretionary local
  638  effort and the district’s discretionary local effort per FTE is
  639  less than the state average potential discretionary local effort
  640  per FTE, the proportionate share shall include both the
  641  discretionary local effort and the compression supplement per
  642  FTE. If the district’s discretionary local effort per FTE is
  643  greater than the state average per FTE, the proportionate share
  644  shall be equal to the state average; or
  645         b. If the district does not levy the maximum discretionary
  646  local effort and the district’s actual discretionary local
  647  effort per FTE is less than the state average potential
  648  discretionary local effort per FTE, the proportionate share
  649  shall be equal to the district’s actual discretionary local
  650  effort per FTE. If the district’s actual discretionary local
  651  effort per FTE is greater than the state average per FTE, the
  652  proportionate share shall be equal to the state average
  653  potential local effort per FTE; and
  654         5. A proportionate share of the district’s proration to
  655  funds available, if necessary.
  656         (b) To Juvenile justice educational programs to receive the
  657  appropriate and year-round FEFP funding for Department of
  658  Juvenile Justice programs, juvenile justice education programs
  659  must shall include those prevention, day treatment, residential,
  660  and detention programs that operate their own education program
  661  and are operated through a contract with the Department of
  662  Juvenile Justice and which are under purview of the Department
  663  of Juvenile Justice quality assurance standards for education.
  664         (c) Consistent with the rules of the State Board of
  665  Education, district school boards shall are required to request
  666  an alternative FTE survey for Department of Juvenile Justice
  667  programs experiencing fluctuations in student enrollment.
  668         (d) FTE count periods must shall be prescribed in rules of
  669  the State Board of Education and must shall be the same for
  670  programs of the Department of Juvenile Justice as for other
  671  public school programs. The summer school period for students in
  672  Department of Juvenile Justice programs must shall begin on the
  673  day immediately following the end of the regular school year and
  674  end on the day immediately preceding the subsequent regular
  675  school year. Students must shall be funded for up to no more
  676  than 25 hours per week of direct instruction.
  677         (e) Each juvenile justice education program must receive
  678  all federal funds for which the program is eligible.
  679         (f) Juvenile justice education programs shall receive
  680  additional weighted funding equivalent to 0.1 FTE, as authorized
  681  in s. 1011.62, to support equipment, specially designed
  682  curricula, and industry credentialing testing fees for students
  683  enrolled in career and technical courses that lead to
  684  occupational completion points or industry-recognized
  685  certifications.
  686         (g) The Department of Education shall provide, directly or
  687  through a program, funding that supports students in juvenile
  688  justice education programs who have graduated high school or
  689  received a GED. This funding must be made available for a youth
  690  who enters a juvenile justice residential program and has
  691  already received a high school diploma or its equivalent. For a
  692  youth who earns a high school diploma or its equivalent while in
  693  the residential program, the funding takes effect beginning with
  694  the FTE period directly following the period in which the youth
  695  earns a high school diploma or its equivalent. The rate of
  696  funding per student must be equivalent to 0.5 of the base
  697  student allocation as authorized in s. 1011.62. Funding must be
  698  used to support career and technical instruction offered by the
  699  juvenile justice education program which leads to industry
  700  certification, or tuition and fees for attending a postsecondary
  701  or career and technical institution online while the youth
  702  remains in the program. Youth who choose to pursue college
  703  courses through the juvenile justice education program must
  704  complete 10 volunteer hours per week while in the program. The
  705  Department of Education may enter into an agreement with one or
  706  more public postsecondary institutions in this state to offer
  707  online courses to youth in juvenile justice education programs.
  708         (14)(13) Each district school board shall negotiate a
  709  cooperative agreement with the Department of Juvenile Justice on
  710  the delivery of educational services to youths under the
  711  jurisdiction of the Department of Juvenile Justice. Such
  712  agreement must include, but is not limited to:
  713         (a) Roles and responsibilities of each agency, including
  714  the roles and responsibilities of contract providers.
  715         (b) Administrative issues, including procedures for sharing
  716  information.
  717         (c) Allocation of resources, including maximization of
  718  local, state, and federal funding.
  719         (d) Procedures for educational evaluation for educational
  720  exceptionalities and special needs.
  721         (e) Curriculum and delivery of instruction.
  722         (f) Classroom management procedures and attendance
  723  policies.
  724         (g) Procedures for providing provision of qualified
  725  instructional personnel, whether supplied by the district school
  726  board or provided under contract by the provider, and for
  727  performance of duties while in a juvenile justice setting.
  728         (h) Provisions for improving skills in teaching and working
  729  with youth referred to juvenile justice programs delinquents.
  730         (i) Transition plans for students moving into and out of
  731  juvenile justice programs facilities.
  732         (j) Procedures and timelines for the timely documentation
  733  of credits earned and transfer of student records.
  734         (k) Methods and procedures for dispute resolution.
  735         (l) Provisions for ensuring the safety of education
  736  personnel and support for the agreed-upon education program.
  737         (m) Strategies for correcting any deficiencies found
  738  through the accountability and evaluation system and student
  739  performance measures quality assurance process.
  740         (15)(14)This Nothing in this section, or in a cooperative
  741  agreement, does not shall be construed to require the district
  742  school board to provide more services than can be supported by
  743  the funds generated by students in the juvenile justice
  744  programs.
  745         (16)(15)(a) The Department of Education in consultation
  746  with the Department of Juvenile Justice, district school boards,
  747  and providers shall establish by rule objective and measurable
  748  student performance measures and program performance ratings
  749  quality assurance standards for the educational component of
  750  prevention, day treatment, and residential programs. Program
  751  effectiveness shall be determined by information gathered
  752  through systematic data collection and data analysis. Onsite
  753  program evaluations must occur as necessary to verify data
  754  accuracy and to diagnose program strengths and weaknesses and
  755  nonresidential juvenile justice facilities. These standards
  756  shall rate the district school board’s performance both as a
  757  provider and contractor. The quality assurance rating for the
  758  educational component shall be disaggregated from the overall
  759  quality assurance score and reported separately.
  760         1. The Department of Education shall collect data on
  761  juvenile justice education programs for the purpose of measuring
  762  student performance and monitoring juvenile justice education
  763  program performance.
  764         2. Student performance measures shall be based on
  765  appropriate outcomes for all youth throughout the continuum of
  766  educational services within juvenile justice programs.
  767         3. Program performance ratings and program accountability
  768  shall be based, in part, upon a program’s student performance
  769  measure results and must consider the average length of stay in
  770  a juvenile justice education program.
  771         4. At a minimum, student performance measures must include
  772  outcomes that address career and technical education,
  773  employability skills, high school diploma or its equivalent,
  774  grade advancement, or learning gains.
  775         5. Timeframes and procedures shall be established for
  776  improving low-performing educational programs and, if necessary,
  777  the reassignment of the educational provider or school district.
  778         (b) The Department of Education, in partnership with the
  779  Department of Juvenile Justice, shall develop a comprehensive
  780  accountability and school improvement quality assurance review
  781  process. The accountability and school improvement process must
  782  be based on student performance measures that are appropriate
  783  for the student population being served and must rate
  784  educational program performance. The accountability system must
  785  identify and recognize high-performing educational programs.
  786  Low-performing educational programs must receive an onsite
  787  program evaluation. School improvement, technical assistance, or
  788  the reassignment of the educational provider must be based, in
  789  part, on the results of the program evaluation. Through a
  790  corrective action process, low-performing programs shall
  791  demonstrate improvement or reassign the educational provider and
  792  schedule for the evaluation of the educational component in
  793  juvenile justice programs. The Department of Juvenile Justice
  794  quality assurance site visit and the education quality assurance
  795  site visit shall be conducted during the same visit.
  796         (c) The Department of Education, in consultation with
  797  district school boards and providers, shall establish minimum
  798  thresholds for the standards and key indicators for educational
  799  programs in juvenile justice facilities. If a district school
  800  board fails to meet the established minimum standards, it will
  801  be given 6 months to achieve compliance with the standards. If
  802  after 6 months, the district school board’s performance is still
  803  below minimum standards, the Department of Education shall
  804  exercise sanctions as prescribed by rules adopted by the State
  805  Board of Education. If a provider, under contract with the
  806  district school board, fails to meet minimum standards, such
  807  failure shall cause the district school board to cancel the
  808  provider’s contract unless the provider achieves compliance
  809  within 6 months or unless there are documented extenuating
  810  circumstances.
  811         (d) The requirements in paragraphs (a), (b), and (c) shall
  812  be implemented to the extent that funds are available.
  813         (17)(16) The district school board may shall not be charged
  814  any rent, maintenance, utilities, or overhead on such
  815  facilities. Maintenance, repairs, and remodeling of existing
  816  facilities shall be provided by the Department of Juvenile
  817  Justice.
  818         (18)(17)If When additional facilities are required, the
  819  district school board and the Department of Juvenile Justice
  820  shall agree on the appropriate site based on the instructional
  821  needs of the students. If When the most appropriate site for
  822  instruction is on district school board property, a special
  823  capital outlay request shall be made by the commissioner in
  824  accordance with s. 1013.60. If When the most appropriate site is
  825  on state property, state capital outlay funds shall be requested
  826  by the Department of Juvenile Justice required by provided by s.
  827  216.043 and shall be submitted as specified by s. 216.023. Any
  828  instructional facility to be built on state property shall have
  829  educational specifications jointly developed by the district
  830  school board and the Department of Juvenile Justice and approved
  831  by the Department of Education. The size of space and occupant
  832  design capacity criteria as provided by State Board of Education
  833  rules shall be used for remodeling or new construction whether
  834  facilities are provided on state property or district school
  835  board property.
  836         (19)(18) The parent of an exceptional student shall have
  837  the due process rights provided for in this chapter.
  838         (20)(19) The Department of Education and the Department of
  839  Juvenile Justice, after consultation with and assistance from
  840  local providers and district school boards, shall report
  841  annually to the Legislature by February 1 on the progress toward
  842  developing effective educational programs for juvenile
  843  delinquents, including the amount of funding provided by
  844  district school boards to juvenile justice programs ;, the
  845  amount retained for administration including documenting the
  846  purposes for such expenses;, the status of the development of
  847  cooperative agreements;, educational program performance the
  848  results, including the identification of high- and low
  849  performing programs; aggregate student performance results; of
  850  the quality assurance reviews including recommendations for
  851  system improvement;, and information on the identification of,
  852  and services provided to, exceptional students in juvenile
  853  justice programs commitment facilities to determine whether
  854  these students are properly reported for funding and are
  855  appropriately served.
  856         (21)(20)The educational programs at the Arthur Dozier
  857  School for Boys in Jackson County and The Florida School for
  858  Boys in Okeechobee shall be operated by the Department of
  859  Education, either directly or through grants or contractual
  860  agreements with other public or duly accredited education
  861  agencies approved by the Department of Education.
  862         (22)(21) The State Board of Education shall may adopt any
  863  rules necessary to implement the provisions of this section,
  864  including uniform curriculum, funding, and second chance
  865  schools. Such rules must require the minimum amount of paperwork
  866  and reporting.
  867         (23)(22) The Department of Juvenile Justice and the
  868  Department of Education, in consultation with Workforce Florida,
  869  Inc., the statewide Workforce Development Youth Council,
  870  district school boards, Florida College System institutions,
  871  providers, and others, shall jointly develop a multiagency plan
  872  for career education which describes the funding, curriculum,
  873  transfer of credits, goals, and outcome measures for career
  874  education programming in juvenile commitment facilities,
  875  pursuant to s. 985.622. The plan must be reviewed annually.
  876         Section 5. Subsection (10) of section 1011.62, Florida
  877  Statutes, is amended to read:
  878         1011.62 Funds for operation of schools.—If the annual
  879  allocation from the Florida Education Finance Program to each
  880  district for operation of schools is not determined in the
  881  annual appropriations act or the substantive bill implementing
  882  the annual appropriations act, it shall be determined as
  883  follows:
  884         (10) CALCULATION OF SUPPLEMENTAL ALLOCATION FOR JUVENILE
  885  JUSTICE EDUCATION PROGRAMS.—An amount equal to the sum of the
  886  following calculations shall be allocated in the FEFP to each
  887  school district to supplement other sources of funding for
  888  students in juvenile justice education programs:
  889         (a) The total K-12 weighted full-time equivalent student
  890  membership in juvenile justice education programs in each school
  891  district shall be multiplied by the amount of the state average
  892  class-size-reduction factor multiplied by the district’s cost
  893  differential;
  894         (b) Pursuant to s. 1003.51(4), the total of the GED testing
  895  fees for youth who pass the GED in whole or in part while in a
  896  Department of Juvenile Justice education program;
  897         (c) An additional weighted funding equivalent to 0.1 FTE to
  898  support equipment, specially designed curricula, and industry
  899  credentialing testing fees for students enrolled in career and
  900  technical courses that lead to occupational completion points or
  901  industry-recognized certifications; and
  902         (d) An additional 0.5 of the base student allocation per
  903  student for students in juvenile justice residential education
  904  programs who have graduated high school or received a GED. An
  905  amount equal to the sum of this calculation shall be allocated
  906  in the FEFP to each school district to supplement other sources
  907  of funding for students in juvenile justice education programs.
  908         Section 6. This act shall take effect upon becoming a law.