Florida Senate - 2014                                     SB 598
       
       
        
       By Senator Bean
       
       
       
       
       
       4-00353-14                                             2014598__
    1                        A bill to be entitled                      
    2         An act relating to juvenile justice education
    3         programs; amending s. 985.622, F.S.; revising
    4         requirements for the multiagency career education plan
    5         for students in juvenile justice education programs;
    6         revising terminology; revising the date by which the
    7         Department of Juvenile Justice and the Department of
    8         Education are required to align certain policies and
    9         practices with the multiagency career education plan;
   10         requiring both departments to provide a report on the
   11         implementation of the multiagency education plan to
   12         the Governor and the Legislature; amending s. 985.632,
   13         F.S.; requiring the Department of Juvenile Justice to
   14         provide cost and effectiveness information for
   15         education programs and program activities to the
   16         Legislature and to the public; requiring
   17         implementation of an accountability system to ensure
   18         student needs are met; deleting legislative intent
   19         language; revising requirements for the department to
   20         publish an annual report that includes data on
   21         education program costs and effectiveness, student
   22         learning gains, and recommendations for modification
   23         or elimination of juvenile justice education programs
   24         or program activities; amending s. 1001.31, F.S.;
   25         expanding access to certain student records held by a
   26         district school system to all instructional personnel
   27         in juvenile justice education programs; amending s.
   28         1003.51, F.S.; revising terminology; revising
   29         requirements for rules adopted by the State Board of
   30         Education related to policies and standards for
   31         students in juvenile justice education programs;
   32         providing expectations for effective education
   33         programs for students in Department of Juvenile
   34         Justice programs; revising requirements for contract
   35         and cooperative agreements for the delivery of
   36         appropriate education services to students in juvenile
   37         justice education programs; requiring education
   38         providers to maintain additional education records for
   39         students in juvenile justice education programs;
   40         requiring the Department of Education to ensure that
   41         students in juvenile justice education programs who
   42         are eligible have access to high school equivalency
   43         examinations and to assist juvenile justice education
   44         programs with becoming high school equivalency
   45         examination centers; requiring district school boards
   46         to respond to a request for student education records,
   47         to provide access to certain courses to students in
   48         juvenile justice education programs, to complete
   49         certain assessments, and to monitor compliance with
   50         education contracts for students in juvenile justice
   51         education programs; revising requirements for an
   52         accountability system for all juvenile justice
   53         education programs; amending s. 1003.52, F.S.;
   54         revising legislative findings and activities related
   55         to educational services in juvenile justice education
   56         programs to be coordinated between the Department of
   57         Education and the Department of Juvenile Justice;
   58         revising requirements for a joint agency plan for
   59         juvenile justice education service enhancements;
   60         authorizing contracting for educational assessments,
   61         programs of instruction, and education services;
   62         revising requirements for assessments; requiring
   63         access to local virtual education courses in juvenile
   64         justice education programs; requiring that an
   65         educational program be based on each student’s
   66         transition plan, each student’s assessed educational
   67         needs, and programs available in the school district;
   68         providing requirements for prevention, day treatment,
   69         and residential juvenile justice education programs;
   70         requiring individualized progress monitoring plans for
   71         all students not classified as students of exceptional
   72         student education programs upon the students’ entry
   73         into a juvenile justice program and reentry into a
   74         school district; revising requirements for the
   75         individualized progress monitoring plan; requiring
   76         that school districts and juvenile justice education
   77         providers develop an individualized transition plan
   78         for students in consultation with others; providing
   79         requirements for the individualized transition plan;
   80         requiring a school district to consider the
   81         individualized transition plan when reenrolling a
   82         student in district schools; requiring the Department
   83         of Education and the Department of Juvenile Justice to
   84         provide oversight and guidance on transition planning
   85         and services; authorizing the Secretary of Juvenile
   86         Justice or the director of a juvenile justice facility
   87         to request that a school district teacher’s
   88         performance in a juvenile justice education program be
   89         reviewed by the district and that the teacher be
   90         reassigned in certain circumstances; revising the
   91         eligibility of certain juvenile justice education
   92         programs to receive Florida Education Finance Program
   93         funding; revising the requirements of the cooperative
   94         agreement between district school boards and the
   95         Department of Juvenile Justice regarding the delivery
   96         of educational services to students in juvenile
   97         justice education programs; requiring the Department
   98         of Education to establish by rule certain objective
   99         and measurable student performance standards and
  100         education program performance ratings; providing
  101         requirements for such ratings; requiring a
  102         comprehensive accountability and education program
  103         improvement process; providing requirements for such a
  104         process; deleting provisions establishing minimum
  105         thresholds for the standards and key indicators for
  106         education programs in juvenile justice programs;
  107         requiring the Department of Education and the
  108         Department of Juvenile Justice to monitor and report
  109         specific data concerning the performance of students
  110         in juvenile justice education programs; eliminating a
  111         required annual report to the Legislature regarding
  112         the development of effective education programs for
  113         students in juvenile justice programs; requiring the
  114         Department of Education and the Department of Juvenile
  115         Justice to collect specific data on the development of
  116         effective education programs for students in juvenile
  117         justice programs; deleting references to educational
  118         programs at the Arthur Dozier School for Boys;
  119         requiring, rather than authorizing, the State Board of
  120         Education to adopt rules; amending s. 1001.42, F.S.;
  121         revising terminology; conforming a cross-reference;
  122         providing a directive to the Division of Law Revision
  123         and Information; providing an effective date.
  124          
  125  Be It Enacted by the Legislature of the State of Florida:
  126  
  127         Section 1. Section 985.622, Florida Statutes, is amended to
  128  read:
  129         985.622 Multiagency plan for career vocational education.—
  130         (1) The Department of Juvenile Justice and the Department
  131  of Education shall, in consultation with the statewide Workforce
  132  Development Youth Council, school districts, providers, and
  133  others, jointly develop a multiagency plan for career vocational
  134  education which that establishes the curriculum, goals, and
  135  outcome measures for career vocational programs in juvenile
  136  justice education programs commitment facilities. The plan must
  137  be reviewed annually, be revised as appropriate, and include:
  138         (a) Provisions for maximizing appropriate state and federal
  139  funding sources, including funds under the Workforce Investment
  140  Act and the Perkins Act;
  141         (b) Provisions for eliminating barriers to the expansion of
  142  occupation-specific job training and high school equivalency
  143  examination preparation opportunities;
  144         (c)(b) The responsibilities of both departments and all
  145  other appropriate entities; and
  146         (d)(c) A detailed implementation schedule.
  147         (2) The plan must define career vocational programming that
  148  is appropriate based upon:
  149         (a) The age and assessed educational abilities and goals of
  150  the student youth to be served; and
  151         (b) The typical length of stay and custody characteristics
  152  at the juvenile justice commitment program to which each student
  153  youth is assigned.
  154         (3) The plan must include a definition of career vocational
  155  programming which that includes the following classifications of
  156  juvenile justice education programs commitment facilities that
  157  will offer career vocational programming by one of the following
  158  types:
  159         (a) Type 1 A.—Programs that teach personal accountability
  160  skills and behaviors that are appropriate for students youth in
  161  all age groups and ability levels and that lead to work habits
  162  that help maintain employment and living standards.
  163         (b) Type 2 B.—Programs that include Type 1 A program
  164  content and an orientation to the broad scope of career choices,
  165  based upon personal abilities, aptitudes, and interests.
  166  Exploring and gaining knowledge of occupation options and the
  167  level of effort required to achieve them are essential
  168  prerequisites to skill training.
  169         (c) Type 3 C.—Programs that include Type 1 A program
  170  content and the career education vocational competencies or the
  171  prerequisites needed for entry into a specific occupation.
  172         (4) The plan must also address strategies to facilitate
  173  involvement of business and industry in the design, delivery,
  174  and evaluation of career vocational programming in juvenile
  175  justice commitment facilities and conditional release programs,
  176  including apprenticeship and work experience programs, mentoring
  177  and job shadowing, and other strategies that lead to postrelease
  178  employment. Incentives for business involvement, such as tax
  179  breaks, bonding, and liability limits, should be investigated,
  180  implemented where appropriate, or recommended to the Legislature
  181  for consideration.
  182         (5) The plan must also evaluate the effect of the mobility
  183  of students between juvenile justice education programs and
  184  school districts on the educational outcomes of students and
  185  whether the continuity of the education of students can be
  186  better addressed through virtual education.
  187         (6)(5) The Department of Juvenile Justice and the
  188  Department of Education shall each align its respective agency
  189  policies, practices, technical manuals, contracts, quality
  190  assurance standards, performance-based-budgeting measures, and
  191  outcome measures with the plan in juvenile justice education
  192  programs commitment facilities by July 31, 2015 2001. Each
  193  agency shall provide a report on the implementation of this
  194  section to the Governor, the President of the Senate, and the
  195  Speaker of the House of Representatives by August 31, 2015 2001.
  196         (7)(6) All provider contracts executed by the Department of
  197  Juvenile Justice or the school districts after January 1, 2015
  198  2002, must be aligned with the plan.
  199         (8)(7) The planning and execution of quality assurance
  200  reviews conducted by the Department of Education or the
  201  Department of Juvenile Justice after August 1, 2015 2002, must
  202  be aligned with the plan.
  203         (9)(8) Outcome measures reported by the Department of
  204  Juvenile Justice and the Department of Education for students
  205  youth released on or after January 1, 2016 2002, should include
  206  outcome measures that conform to the plan.
  207         Section 2. Subsections (1) and (3) of section 985.632,
  208  Florida Statutes, are amended to read:
  209         985.632 Quality assurance and cost-effectiveness.—
  210         (1) The department shall:
  211         (a) Provide cost and effectiveness information on programs
  212  and program activities in order to compare, improve, or
  213  eliminate a program or program activity as necessary.
  214         (b) Provide cost and effectiveness data on programs and
  215  program activities to the Legislature in order for resources to
  216  be allocated for achieving desired performance outcomes.
  217         (c) Provide cost and effectiveness information on programs
  218  and program activities to the public.
  219         (d) Implement a system of accountability in order to
  220  provide the best and most appropriate programs and program
  221  activities to meet student needs.
  222         (e) Continue to improve service delivery It is the intent
  223  of the Legislature that the department:
  224         (a) Ensure that information be provided to decisionmakers
  225  in a timely manner so that resources are allocated to programs
  226  of the department which achieve desired performance levels.
  227         (b) Provide information about the cost of such programs and
  228  their differential effectiveness so that the quality of such
  229  programs can be compared and improvements made continually.
  230         (c) Provide information to aid in developing related policy
  231  issues and concerns.
  232         (d) Provide information to the public about the
  233  effectiveness of such programs in meeting established goals and
  234  objectives.
  235         (e) Provide a basis for a system of accountability so that
  236  each client is afforded the best programs to meet his or her
  237  needs.
  238         (f) Improve service delivery to clients.
  239         (g) Modify or eliminate activities that are not effective.
  240         (3) By March 1 of each year, the department, in
  241  consultation with the Department of Education, shall publish a
  242  report on the costs and effectiveness of programs and program
  243  activities. The report must include uniform cost data for each
  244  program operated by the department or by providers under
  245  contract with the department. The Department of Education shall
  246  provide the cost data on each education program operated by a
  247  school district or a provider under contract with a school
  248  district. Cost data shall be formatted and presented in a manner
  249  approved by the Legislature. The report must also include data
  250  on student learning gains, as provided by the Department of
  251  Education, for all juvenile justice education programs as
  252  required under s. 1003.52(3)(b), information required under s.
  253  1003.52(17) and (21), the cost-effectiveness of each program
  254  offered, and recommendations for modification or elimination of
  255  programs or program activities The department shall annually
  256  collect and report cost data for every program operated or
  257  contracted by the department. The cost data shall conform to a
  258  format approved by the department and the Legislature. Uniform
  259  cost data shall be reported and collected for state-operated and
  260  contracted programs so that comparisons can be made among
  261  programs. The department shall ensure that there is accurate
  262  cost accounting for state-operated services including market
  263  equivalent rent and other shared cost. The cost of the
  264  educational program provided to a residential facility shall be
  265  reported and included in the cost of a program. The department
  266  shall submit an annual cost report to the President of the
  267  Senate, the Speaker of the House of Representatives, the
  268  Minority Leader of each house of the Legislature, the
  269  appropriate substantive and fiscal committees of each house of
  270  the Legislature, and the Governor, no later than December 1 of
  271  each year. Cost-benefit analysis for educational programs will
  272  be developed and implemented in collaboration with and in
  273  cooperation with the Department of Education, local providers,
  274  and local school districts. Cost data for the report shall
  275  include data collected by the Department of Education for the
  276  purposes of preparing the annual report required by s.
  277  1003.52(19).
  278         Section 3. Section 1001.31, Florida Statutes, is amended to
  279  read:
  280         1001.31 Scope of district system.—A district school system
  281  shall include all public schools, classes, and courses of
  282  instruction and all services and activities directly related to
  283  education in that district which are under the direction of the
  284  district school officials. A district school system may also
  285  include alternative site schools for disruptive or violent
  286  students youth. Such schools for disruptive or violent students
  287  youth may be funded by each district or provided through
  288  cooperative programs administered by a consortium of school
  289  districts, private providers, state and local law enforcement
  290  agencies, and the Department of Juvenile Justice. Pursuant to
  291  cooperative agreement, a district school system shall provide
  292  instructional personnel at juvenile justice education programs
  293  facilities of 50 or more beds or slots with access to the
  294  district school system database for the purpose of accessing
  295  student academic, immunization, and registration records for
  296  students assigned to the programs. Such access must shall be in
  297  the same manner as provided to other schools in the district.
  298         Section 4. Section 1003.51, Florida Statutes, is amended to
  299  read:
  300         1003.51 Other public educational services.—
  301         (1) The general control of other public educational
  302  services shall be vested in the State Board of Education except
  303  as provided in this section herein. The State Board of Education
  304  shall, at the request of the Department of Children and Families
  305  Family Services and the Department of Juvenile Justice, advise
  306  as to standards and requirements relating to education to be met
  307  in all state schools or institutions under their control which
  308  provide educational programs. The Department of Education shall
  309  provide supervisory services for the educational programs of all
  310  such schools or institutions. The direct control of any of these
  311  services provided as part of the district program of education
  312  shall rest with the district school board. These services shall
  313  be supported out of state, district, federal, or other lawful
  314  funds, depending on the requirements of the services being
  315  supported.
  316         (2) The State Board of Education shall adopt rules and
  317  maintain an administrative rule articulating expectations for
  318  effective education programs for students youth in Department of
  319  Juvenile Justice education programs, including, but not limited
  320  to, education programs in juvenile justice prevention, day
  321  treatment, residential, commitment and detention programs
  322  facilities. The rules must establish rule shall articulate
  323  policies and standards for education programs for students youth
  324  in Department of Juvenile Justice programs and must shall
  325  include the following:
  326         (a) The interagency collaborative process needed to ensure
  327  effective programs with measurable results.
  328         (b) The responsibilities of the Department of Education,
  329  the Department of Juvenile Justice, Workforce Florida, Inc.,
  330  district school boards, and providers of education services to
  331  students youth in Department of Juvenile Justice programs.
  332         (c) Academic expectations.
  333         (d) Career and technical expectations.
  334         (e) Education transition planning and services.
  335         (f)(d) Service delivery options available to district
  336  school boards, including direct service and contracting.
  337         (g)(e) Assessment procedures, which:
  338         1. For prevention, day treatment, and residential programs,
  339  include appropriate academic and career assessments administered
  340  at program entry and exit which that are selected by the
  341  Department of Education in partnership with representatives from
  342  the Department of Juvenile Justice, district school boards, and
  343  education providers.
  344         2. Require academic assessments for students in a detention
  345  facility to be administered within 5 school days, and career
  346  assessments or career interest surveys to be administered within
  347  22 school days, after entry into the facility. A detention
  348  facility may not use the common assessment and shall use an
  349  academic assessment for reading and mathematics which must be
  350  the foundation for developing a student’s educational program
  351  Require district school boards to be responsible for ensuring
  352  the completion of the assessment process.
  353         3. Require assessments for students in detention who will
  354  move on to commitment facilities, to be designed to create the
  355  foundation for developing the student’s education program in the
  356  assigned commitment facility.
  357         3.4. Require assessments of students in juvenile justice
  358  education programs sent directly to commitment facilities to be
  359  completed within the first 10 school days after a of the
  360  student’s entry into an education program commitment.
  361  
  362  The results of these assessments, together with a portfolio
  363  depicting the student’s academic and career accomplishments,
  364  shall be included in the discharge packet package assembled for
  365  each student youth.
  366         (h)(f) Recommended instructional programs, including, but
  367  not limited to, secondary education, high school equivalency
  368  examination preparation, postsecondary education, career
  369  training, and job preparation.
  370         (i)(g) Funding requirements, which must shall include the
  371  requirement that at least 90 percent of the FEFP funds generated
  372  by students in Department of Juvenile Justice education programs
  373  or in an education program for juveniles under s. 985.19 be
  374  spent on instructional costs for those students. One hundred
  375  percent of the formula-based categorical funds generated by
  376  students in Department of Juvenile Justice education programs
  377  must be spent on appropriate categoricals such as instructional
  378  materials and public school technology for those students.
  379         (j)(h) Qualifications of instructional staff, procedures
  380  for the selection of instructional staff, and procedures for to
  381  ensure consistent instruction and qualified staff year round.
  382  Qualifications for career education instructors must be
  383  standardized across the state and must be based on state
  384  certification, local school district approval, and industry
  385  recognized credentials and training. Procedures for the use of
  386  noncertified instructional personnel who possess expert
  387  knowledge or experience in their field of instruction must be
  388  established.
  389         (k)(i) Transition services, including the roles and
  390  responsibilities of appropriate personnel in the juvenile
  391  justice education program, the school district to which the
  392  student will return districts, provider organizations, and the
  393  Department of Juvenile Justice.
  394         (l)(j) Procedures and timeframe for transfer of education
  395  records when a student youth enters and leaves a juvenile
  396  justice education program facility.
  397         (m)(k) The requirement that each district school board
  398  maintain an academic transcript for each student enrolled in a
  399  juvenile justice education program which facility that
  400  delineates each course completed by the student as provided by
  401  the State Course Code Directory.
  402         (n)(l) The requirement that each district school board make
  403  available and transmit a copy of a student’s transcript in the
  404  discharge packet when the student exits a juvenile justice
  405  program facility.
  406         (o)(m) Contract requirements.
  407         (p)(n) Performance expectations for providers and district
  408  school boards, including student performance standards by type
  409  of program, education program performance ratings, school
  410  improvement, and corrective action plans for low-performing
  411  education programs the provision of a progress monitoring plan
  412  as required in s. 1008.25.
  413         (q)(o) The role and responsibility of the district school
  414  board in securing workforce development funds.
  415         (r)(p) A series of graduated sanctions for district school
  416  boards whose educational programs in Department of Juvenile
  417  Justice programs facilities are considered to be unsatisfactory
  418  and for instances in which district school boards fail to meet
  419  standards prescribed by law, rule, or State Board of Education
  420  policy. These sanctions must shall include the option of
  421  requiring a district school board to contract with a provider or
  422  another district school board if the educational program in at
  423  the Department of Juvenile Justice program is performing below
  424  minimum standards facility has failed a quality assurance review
  425  and, after 6 months, is still performing below minimum
  426  standards.
  427         (s) Curriculum, guidance counseling, transition, and
  428  education services expectations, including curriculum
  429  flexibility for detention facilities operated by the Department
  430  of Juvenile Justice.
  431         (t)(q) Other aspects of program operations.
  432         (3) The Department of Education, in partnership with the
  433  Department of Juvenile Justice, the district school boards, and
  434  providers, shall:
  435         (a) Develop and implement requirements for contracts and
  436  cooperative agreements regarding Maintain model contracts for
  437  the delivery of appropriate education services to students youth
  438  in Department of Juvenile Justice education programs to be used
  439  for the development of future contracts. The minimum contract
  440  requirements must include, but are not limited to, payment
  441  structure and amounts; access to district services; contract
  442  management provisions; data reporting requirements, including
  443  reporting of full-time equivalent student membership;
  444  administration of federal programs such as Title I, exceptional
  445  student education, and the Carl D. Perkins Career and Technical
  446  Education Act of 2006; and model contracts shall reflect the
  447  policy and standards included in subsection (2). The Department
  448  of Education shall ensure that appropriate district school board
  449  personnel are trained and held accountable for the management
  450  and monitoring of contracts for education programs for youth in
  451  juvenile justice residential and nonresidential facilities.
  452         (b) Develop and implement Maintain model procedures for
  453  transitioning students youth into and out of Department of
  454  Juvenile Justice education programs. These procedures must shall
  455  reflect the policy and standards adopted pursuant to subsection
  456  (2).
  457         (c) Maintain standardized required content of education
  458  records to be included as part of a student’s youth’s commitment
  459  record and implement procedures for securing the student’s
  460  education records. The education records must These requirements
  461  shall reflect the policy and standards adopted pursuant to
  462  subsection (2) and shall include, but are not be limited to, the
  463  following:
  464         1. A copy of the student’s individual educational plan.
  465         2. A copy of the student’s individualized progress
  466  monitoring plan.
  467         3. A copy of the student’s individualized transition plan.
  468         4.2. Data on student performance on assessments taken
  469  according to s. 1008.22.
  470         5.3. A copy of the student’s permanent cumulative record.
  471         6.4. A copy of the student’s academic transcript.
  472         7.5. A portfolio reflecting the student’s youth’s academic
  473  and career and technical accomplishments, if age appropriate,
  474  while in the Department of Juvenile Justice program.
  475         (d) Establish Maintain model procedures for securing the
  476  education record and the roles and responsibilities of the
  477  juvenile probation officer and others involved in the withdrawal
  478  of the student from school and assignment to a juvenile justice
  479  program commitment or detention facility. District school boards
  480  shall respond to requests for student education records received
  481  from another district school board or a juvenile justice
  482  facility within 5 working days after receiving the request.
  483         (4) Each The Department of Education shall ensure that
  484  district school board shall: boards
  485         (a) Notify students in juvenile justice education programs
  486  residential or nonresidential facilities who attain the age of
  487  16 years of the provisions of law regarding compulsory school
  488  attendance and make available the option of enrolling in an
  489  education a program to attain a Florida high school diploma by
  490  taking the high school equivalency examination before General
  491  Educational Development test prior to release from the program
  492  facility. The Department of Education shall assist juvenile
  493  justice education programs with becoming high school equivalency
  494  examination centers District school boards or Florida College
  495  System institutions, or both, shall waive GED testing fees for
  496  youth in Department of Juvenile Justice residential programs and
  497  shall, upon request, designate schools operating for the purpose
  498  of providing educational services to youth in Department of
  499  Juvenile Justice programs as GED testing centers, subject to GED
  500  testing center requirements. The administrative fees for the
  501  General Educational Development test required by the Department
  502  of Education are the responsibility of district school boards
  503  and may be required of providers by contractual agreement.
  504         (b) Respond to a request for student education records
  505  received from another district school board or a juvenile
  506  justice education program within 5 working days after receiving
  507  the request.
  508         (c) Provide access to courses offered pursuant to ss.
  509  1002.37, 1002.45, and 1003.498. School districts and providers
  510  may enter into cooperative agreements for the provision of
  511  curriculum associated with courses offered pursuant to s.
  512  1003.498 to enable providers to offer such courses.
  513         (d) Complete the assessment process required under
  514  subsection (2).
  515         (e) Monitor compliance with contracts for education
  516  programs for students in juvenile justice prevention, day
  517  treatment, residential, and detention programs.
  518         (5) The Department of Education shall establish and
  519  operate, either directly or indirectly through a contract, a
  520  mechanism to provide accountability measures that annually
  521  assess and evaluate all juvenile justice education programs
  522  using student performance data and program performance ratings
  523  by type of program quality assurance reviews of all juvenile
  524  justice education programs and shall provide technical
  525  assistance and related research to district school boards and
  526  juvenile justice education providers on how to establish,
  527  develop, and operate educational programs that exceed the
  528  minimum quality assurance standards. The Department of
  529  Education, in consultation with the Department of Juvenile
  530  Justice, school districts, and education providers, shall
  531  develop annual recommendations for system and school
  532  improvement.
  533         Section 5. Section 1003.52, Florida Statutes, is amended to
  534  read:
  535         1003.52 Educational services in Department of Juvenile
  536  Justice education programs.—
  537         (1) The Legislature finds that education is the single most
  538  important factor in the rehabilitation of adjudicated delinquent
  539  youth in the custody of Department of Juvenile Justice programs.
  540  It is the goal of the Legislature that youth in the juvenile
  541  justice system continue to be allowed the opportunity to obtain
  542  a high quality education. The Department of Education shall
  543  serve as the lead agency for juvenile justice education
  544  programs, curriculum, support services, and resources. To this
  545  end, the Department of Education and the Department of Juvenile
  546  Justice shall each designate a Coordinator for Juvenile Justice
  547  Education Programs to serve as the point of contact for
  548  resolving issues not addressed by district school boards and to
  549  provide each department’s participation in the following
  550  activities:
  551         (a) Training, collaborating, and coordinating with the
  552  Department of Juvenile Justice, district school boards, regional
  553  workforce boards, local youth councils, educational contract
  554  providers, and juvenile justice providers, whether state
  555  operated or contracted.
  556         (b) Collecting information on the academic, career
  557  education, and transition performance of students in juvenile
  558  justice education programs and reporting on the results.
  559         (c) Developing academic and career education protocols that
  560  provide guidance to district school boards and juvenile justice
  561  education providers in all aspects of education programming,
  562  including records transfer and transition.
  563         (d) Implementing a joint accountability, program
  564  performance, and program improvement process Prescribing the
  565  roles of program personnel and interdepartmental district school
  566  board or provider collaboration strategies.
  567  
  568  Annually, a cooperative agreement and plan for juvenile justice
  569  education service enhancement shall be developed between the
  570  Department of Juvenile Justice and the Department of Education
  571  and submitted to the Secretary of Juvenile Justice and the
  572  Commissioner of Education by June 30. The plan must include, at
  573  a minimum, each agency’s role regarding educational program
  574  accountability, technical assistance, training, and coordination
  575  of services.
  576         (2) Students participating in Department of Juvenile
  577  Justice education programs pursuant to chapter 985 which are
  578  sponsored by a community-based agency or are operated or
  579  contracted for by the Department of Juvenile Justice shall
  580  receive education educational programs according to rules of the
  581  State Board of Education. These students shall be eligible for
  582  services afforded to students enrolled in programs pursuant to
  583  s. 1003.53 and all corresponding State Board of Education rules.
  584         (3) The district school board of the county in which the
  585  juvenile justice prevention, day treatment, residential, or
  586  detention program residential or nonresidential care facility or
  587  juvenile assessment facility is located shall provide or
  588  contract for appropriate educational assessments and an
  589  appropriate program of instruction and special education
  590  services.
  591         (a) The district school board shall make provisions for
  592  each student to participate in basic, career education, and
  593  exceptional student programs as appropriate. Students served in
  594  Department of Juvenile Justice education programs shall have
  595  access to the appropriate courses and instruction to prepare
  596  them for the high school equivalency examination GED test.
  597  Students participating in high school equivalency examination
  598  GED preparation programs shall be funded at the basic program
  599  cost factor for Department of Juvenile Justice education
  600  programs in the Florida Education Finance Program. Each program
  601  shall be conducted according to applicable law providing for the
  602  operation of public schools and rules of the State Board of
  603  Education. School districts shall provide the high school
  604  equivalency examination GED exit option for all juvenile justice
  605  education programs.
  606         (b) By October 1, 2004, The Department of Education, with
  607  the assistance of the school districts and juvenile justice
  608  education providers, shall select a common student assessment
  609  instrument and protocol for measuring student learning gains and
  610  student progression while a student is in a juvenile justice
  611  education program. The Department of Education and the
  612  Department of Juvenile Justice shall jointly review the
  613  effectiveness of this assessment and implement changes as
  614  necessary The assessment instrument and protocol must be
  615  implemented in all juvenile justice education programs in this
  616  state by January 1, 2005.
  617         (4) Educational services shall be provided at times of the
  618  day most appropriate for the juvenile justice program. School
  619  programming in juvenile justice detention, prevention, day
  620  treatment, and residential commitment, and rehabilitation
  621  programs shall be made available by the local school district
  622  during the juvenile justice school year, as provided defined in
  623  s. 1003.01(11). In addition, students in juvenile justice
  624  education programs shall have access to courses offered pursuant
  625  to ss. 1002.37, 1002.45, and 1003.498 Florida Virtual School
  626  courses. The Department of Education and the school districts
  627  shall adopt policies necessary to provide ensure such access.
  628         (5) The educational program must provide instruction based
  629  on each student’s individualized transition plan, each student’s
  630  assessed educational needs, and the education programs available
  631  in the school district to which the student will return.
  632  Depending on the student’s needs, educational programming may
  633  consist of remedial courses, shall consist of appropriate basic
  634  academic courses required for grade advancement, career
  635  education courses, high school equivalency examination
  636  preparation, or exceptional student education curricula and
  637  related services that which support the transition treatment
  638  goals and reentry and that which may lead to completion of the
  639  requirements for receipt of a high school diploma or its
  640  equivalent. Prevention and day treatment juvenile justice
  641  education programs must provide, at a minimum, career readiness
  642  and exploration opportunities as well as truancy and dropout
  643  prevention intervention services. Juvenile justice education
  644  programs in residential juvenile justice programs with a
  645  contracted minimum length of stay of 9 months must provide
  646  career education courses that lead to preapprentice
  647  certifications, industry certifications, occupational completion
  648  points, or work-related certifications. Residential programs
  649  with a contracted length of stay of less than 9 months may
  650  provide career education courses that lead to preapprentice
  651  certifications, industry certifications, occupational completion
  652  points, or work-related certifications. If the duration of a
  653  program is less than 40 days, the educational component may be
  654  limited to tutorial remediation activities, and career
  655  employability skills instruction, education counseling, and
  656  transition services that prepare students for a return to
  657  school, the community, and their home settings, based on the
  658  students’ needs.
  659         (6) Participation in the program by students of compulsory
  660  school-attendance age as provided for in s. 1003.21 is shall be
  661  mandatory. All students of noncompulsory school-attendance age
  662  who have not received a high school diploma or its equivalent
  663  shall participate in the educational program, unless the student
  664  files a formal declaration of his or her intent to terminate
  665  school enrollment as described in s. 1003.21 and is afforded the
  666  opportunity to take the high school equivalency examination
  667  general educational development test and attain a Florida high
  668  school diploma before prior to release from a juvenile justice
  669  program facility. A student youth who has received a high school
  670  diploma or its equivalent and is not employed shall participate
  671  in workforce development or other career or technical education
  672  or Florida College System institution or university courses
  673  while in the program, subject to available funding.
  674         (7) An individualized A progress monitoring plan shall be
  675  developed for all students not classified as exceptional
  676  education students upon entry in a juvenile justice education
  677  program and upon reentry in the school district who score below
  678  the level specified in district school board policy in reading,
  679  writing, and mathematics or below the level specified by the
  680  Commissioner of Education on statewide assessments as required
  681  by s. 1008.25. These plans must shall address academic,
  682  literacy, and career and technical life skills and must shall
  683  include provisions for intensive remedial instruction in the
  684  areas of weakness.
  685         (8) Each district school board shall maintain an academic
  686  record for each student enrolled in a juvenile justice education
  687  program facility as prescribed in by s. 1003.51. Such record
  688  must shall delineate each course completed by the student
  689  according to procedures in the State Course Code Directory. The
  690  district school board shall include a copy of a student’s
  691  academic record in the discharge packet when the student exits
  692  the program facility.
  693         (9) Each The Department of Education shall ensure that all
  694  district school board shall boards make provisions for high
  695  school level students youth to earn credits toward high school
  696  graduation while in residential and nonresidential juvenile
  697  justice education programs facilities. Provisions must be made
  698  for the transfer of credits and partial credits earned.
  699         (10) School districts and juvenile justice education
  700  providers shall develop individualized transition plans during
  701  the course of a student’s enrollment in a juvenile justice
  702  education program to coordinate academic, career and technical,
  703  and secondary and postsecondary services that assist the student
  704  in successful reintegration into the community upon release.
  705  Development of the transition plan must be a collaboration of
  706  the personnel in the juvenile justice education program, the
  707  reentry personnel, the personnel from the school district to
  708  which the student will return, the student, the student’s
  709  family, and the personnel of the Department of Juvenile Justice
  710  for those students who are committed to a facility of the
  711  Department of Juvenile Justice.
  712         (a) Transition planning must begin upon a student’s
  713  placement in the program. The transition plan must include, at a
  714  minimum:
  715         1. Services and interventions that address the student’s
  716  assessed educational needs and postrelease education plans.
  717         2. Services to be provided during the program stay and
  718  services to be provided upon release, including, but not limited
  719  to, continuing education in secondary school, career and
  720  technical programs, postsecondary education, or employment,
  721  based on the student’s needs.
  722         3. Specific monitoring responsibilities to determine
  723  whether the individualized transition plan is being implemented
  724  and whether the student is provided access to support services
  725  by individuals who are responsible for the student’s
  726  reintegration into the community and for the coordination of
  727  activities that will sustain the student’s success.
  728         (b) For the purpose of transition planning and reentry
  729  services, representatives from the one-stop career center and
  730  the school district to which the student will return shall
  731  participate as members of the local Department of Juvenile
  732  Justice reentry team. The school district, upon a student’s
  733  return from a juvenile justice program, shall consider the
  734  individual needs and circumstances of the student and the
  735  transition plan recommendations when reenrolling a student in a
  736  public school. A local school district may not maintain a
  737  standardized policy for all students returning from a juvenile
  738  justice program but shall place a student based on the student’s
  739  needs and performance in the juvenile justice education program.
  740         (c) The Department of Education and the Department of
  741  Juvenile Justice shall provide oversight and guidance to school
  742  districts, education providers, and reentry personnel on the
  743  implementation of effective educational transition planning and
  744  services.
  745         (11)(10) The district school board shall recruit and train
  746  teachers who are interested, qualified, or experienced in
  747  educating students in juvenile justice education programs.
  748  Students in juvenile justice education programs shall be
  749  provided a wide range of education educational programs and
  750  opportunities including textbooks, technology, instructional
  751  support, and other resources commensurate with resources
  752  provided available to students in public schools. If the
  753  district school board operates a juvenile justice education
  754  program at a juvenile justice facility, the district school
  755  board, in consultation with the director of the juvenile justice
  756  facility, shall select the instructional personnel assigned to
  757  that program. The Secretary of Juvenile Justice or the director
  758  of a juvenile justice facility may request that the performance
  759  of a teacher assigned by the district to a juvenile justice
  760  education program be reviewed by the district and that the
  761  teacher be reassigned based upon an evaluation conducted
  762  pursuant to s. 1012.34 or for inappropriate behavior Teachers
  763  assigned to educational programs in juvenile justice settings in
  764  which the district school board operates the educational program
  765  shall be selected by the district school board in consultation
  766  with the director of the juvenile justice facility. Educational
  767  programs in Juvenile justice education programs must facilities
  768  shall have access to the substitute teacher pool used utilized
  769  by the district school board.
  770         (12)(11) District school boards may contract with a private
  771  provider for the provision of education educational programs to
  772  students youths placed with the Department of Juvenile Justice
  773  and shall generate local, state, and federal funding, including
  774  funding through the Florida Education Finance Program for such
  775  students. The district school board’s planning and budgeting
  776  process must shall include the needs of Department of Juvenile
  777  Justice education programs in the district school board’s plan
  778  for expenditures for state categorical and federal funds.
  779         (13)(12)(a) Funding for eligible students enrolled in
  780  juvenile justice education programs shall be provided through
  781  the Florida Education Finance Program as provided in s. 1011.62
  782  and the General Appropriations Act. Funding must shall include,
  783  at a minimum:
  784         1. Weighted program funding or the basic amount for current
  785  operation multiplied by the district cost differential as
  786  provided in s. 1011.62(1)(s) and (2);
  787         2. The supplemental allocation for juvenile justice
  788  education as provided in s. 1011.62(10);
  789         3. A proportionate share of the district’s exceptional
  790  student education guaranteed allocation, the supplemental
  791  academic instruction allocation, and the instructional materials
  792  allocation;
  793         4. An amount equivalent to the proportionate share of the
  794  state average potential discretionary local effort for
  795  operations, which shall be determined as follows:
  796         a. If the district levies the maximum discretionary local
  797  effort and the district’s discretionary local effort per FTE is
  798  less than the state average potential discretionary local effort
  799  per FTE, the proportionate share must shall include both the
  800  discretionary local effort and the compression supplement per
  801  FTE. If the district’s discretionary local effort per FTE is
  802  greater than the state average per FTE, the proportionate share
  803  must shall be equal to the state average; or
  804         b. If the district does not levy the maximum discretionary
  805  local effort and the district’s actual discretionary local
  806  effort per FTE is less than the state average potential
  807  discretionary local effort per FTE, the proportionate share must
  808  shall be equal to the district’s actual discretionary local
  809  effort per FTE. If the district’s actual discretionary local
  810  effort per FTE is greater than the state average per FTE, the
  811  proportionate share must shall be equal to the state average
  812  potential local effort per FTE; and
  813         5. A proportionate share of the district’s proration to
  814  funds available, if necessary.
  815         (b) Juvenile justice education educational programs to
  816  receive the appropriate FEFP funding for Department of Juvenile
  817  Justice education programs must shall include those operated
  818  through a contract with the Department of Juvenile Justice and
  819  which are under purview of the Department of Juvenile Justice
  820  quality assurance standards for education.
  821         (c) Consistent with the rules of the State Board of
  822  Education, district school boards shall are required to request
  823  an alternative FTE survey for Department of Juvenile Justice
  824  education programs experiencing fluctuations in student
  825  enrollment.
  826         (d) FTE count periods shall be prescribed in rules of the
  827  State Board of Education and must shall be the same for programs
  828  of the Department of Juvenile Justice as for other public school
  829  programs. The summer school period for students in Department of
  830  Juvenile Justice education programs must shall begin on the day
  831  immediately following the end of the regular school year and end
  832  on the day immediately preceding the subsequent regular school
  833  year. Students shall be funded for no more than 25 hours per
  834  week of direct instruction.
  835         (e) Each juvenile justice education program must receive
  836  all federal funds for which the program is eligible.
  837         (14)(13) Each district school board shall negotiate a
  838  cooperative agreement with the Department of Juvenile Justice on
  839  the delivery of educational services to students youths under
  840  the jurisdiction of the Department of Juvenile Justice. Such
  841  agreement must include, but is not limited to:
  842         (a) Roles and responsibilities of each agency, including
  843  the roles and responsibilities of contract providers.
  844         (b) Administrative issues including procedures for sharing
  845  information.
  846         (c) Allocation of resources including maximization of
  847  local, state, and federal funding.
  848         (d) Procedures for educational evaluation for educational
  849  exceptionalities and special needs.
  850         (e) Curriculum and delivery of instruction.
  851         (f) Classroom management procedures and attendance
  852  policies.
  853         (g) Procedures for provision of qualified instructional
  854  personnel, whether supplied by the district school board or
  855  provided under contract by the provider, and for performance of
  856  duties while in a juvenile justice setting.
  857         (h) Provisions for improving skills in teaching and working
  858  with students referred to juvenile justice education programs
  859  delinquents.
  860         (i) Transition plans for students moving into and out of
  861  juvenile justice education programs facilities.
  862         (j) Procedures and timelines for the timely documentation
  863  of credits earned and transfer of student records.
  864         (k) Methods and procedures for dispute resolution.
  865         (l) Provisions for ensuring the safety of education
  866  personnel and support for the agreed-upon education program.
  867         (m) Strategies for correcting any deficiencies found
  868  through the accountability and evaluation system and student
  869  performance standards quality assurance process.
  870         (15)(14)Nothing in This section or in a cooperative
  871  agreement does not shall be construed to require the district
  872  school board to provide more services than can be supported by
  873  the funds generated by students in the juvenile justice
  874  education programs.
  875         (16)(15)(a) The Department of Education, in consultation
  876  with the Department of Juvenile Justice, district school boards,
  877  and providers, shall adopt rules establishing: establish
  878         (a) Objective and measurable student performance standards
  879  to evaluate a student’s educational progress while participating
  880  in a prevention, day treatment, or residential program. The
  881  student performance standards must be based on appropriate
  882  outcomes for all students in juvenile justice education
  883  programs, taking into consideration a student’s length of stay
  884  in the program. Performance standards must include outcomes that
  885  relate to student achievement of career education goals,
  886  acquisition of employability skills, receipt of a high school
  887  diploma or its equivalent, and grade advancement.
  888         (b) A performance rating system to be used by the
  889  Department of Education to evaluate quality assurance standards
  890  for the delivery of educational services within each juvenile
  891  justice program. The performance rating must be primarily based
  892  on data regarding student performance as described in paragraph
  893  (a) component of residential and nonresidential juvenile justice
  894  facilities.
  895         (c) The timeframes, procedures, and resources to be used to
  896  improve a low-performing education program or to terminate or
  897  reassign the education program These standards shall rate the
  898  district school board’s performance both as a provider and
  899  contractor. The quality assurance rating for the educational
  900  component shall be disaggregated from the overall quality
  901  assurance score and reported separately.
  902         (d)(b)The Department of Education shall develop A
  903  comprehensive accountability and program improvement quality
  904  assurance review process. The accountability and program
  905  improvement process must be based on student performance
  906  measures by type of program and must rate education program
  907  performance. The accountability system must identify and
  908  recognize high-performing education programs. The Department of
  909  Education, in partnership with the Department of Juvenile
  910  Justice, shall identify low-performing education programs. Low
  911  performing education programs must receive an onsite program
  912  evaluation from the Department of Juvenile Justice. School
  913  improvement, technical assistance, or the reassignment of the
  914  program shall be based, in part, on the results of the program
  915  evaluation. Low-performing education programs must demonstrate
  916  improvement through a corrective action process or be reassigned
  917  and schedule for the evaluation of the educational component in
  918  juvenile justice programs. The Department of Juvenile Justice
  919  quality assurance site visit and the education quality assurance
  920  site visit shall be conducted during the same visit.
  921         (c) The Department of Education, in consultation with
  922  district school boards and providers, shall establish minimum
  923  thresholds for the standards and key indicators for educational
  924  programs in juvenile justice facilities. If a district school
  925  board fails to meet the established minimum standards, it will
  926  be given 6 months to achieve compliance with the standards. If
  927  after 6 months, the district school board’s performance is still
  928  below minimum standards, the Department of Education shall
  929  exercise sanctions as prescribed by rules adopted by the State
  930  Board of Education. If a provider, under contract with the
  931  district school board, fails to meet minimum standards, such
  932  failure shall cause the district school board to cancel the
  933  provider’s contract unless the provider achieves compliance
  934  within 6 months or unless there are documented extenuating
  935  circumstances.
  936         (d) The requirements in paragraphs (a), (b), and (c) shall
  937  be implemented to the extent that funds are available.
  938         (17) The Department of Education, in collaboration with the
  939  Department of Juvenile Justice, shall monitor and report on the
  940  educational performance of students in commitment, day
  941  treatment, prevention, and detention programs. The report by the
  942  Department of Education must include, at a minimum, the number
  943  and percentage of students who:
  944         (a) Return to an alternative school, middle school, or high
  945  school upon release and the attendance rate of such students
  946  before and after participation in juvenile justice education
  947  programs.
  948         (b) Receive a standard high school diploma or a high school
  949  equivalency diploma.
  950         (c) Receive industry certification.
  951         (d) Receive occupational completion points.
  952         (e) Enroll in a postsecondary educational institution.
  953         (f) Complete a juvenile justice education program without
  954  reoffending.
  955         (g) Reoffend within 1 year after completion of a day
  956  treatment or residential commitment program.
  957         (h) Remain employed 1 year after completion of a day
  958  treatment or residential commitment program.
  959  
  960  The results of this report shall be included in the report
  961  required under s. 985.632.
  962         (18)(16) The district school board may shall not be charged
  963  any rent, maintenance, utilities, or overhead on such
  964  facilities. Maintenance, repairs, and remodeling of existing
  965  facilities shall be provided by the Department of Juvenile
  966  Justice.
  967         (19)(17) When additional facilities are required, the
  968  district school board and the Department of Juvenile Justice
  969  shall agree on the appropriate site based on the instructional
  970  needs of the students. When the most appropriate site for
  971  instruction is on district school board property, a special
  972  capital outlay request shall be made by the commissioner in
  973  accordance with s. 1013.60. When the most appropriate site is on
  974  state property, state capital outlay funds shall be requested by
  975  the Department of Juvenile Justice provided by s. 216.043 and
  976  shall be submitted as specified by s. 216.023. Any instructional
  977  facility to be built on state property must shall have
  978  educational specifications jointly developed by the district
  979  school board and the Department of Juvenile Justice and approved
  980  by the Department of Education. The size of space and occupant
  981  design capacity criteria as provided by State Board of Education
  982  rules shall be used for remodeling or new construction whether
  983  facilities are provided on state property or district school
  984  board property.
  985         (20)(18) The parent of an exceptional student shall have
  986  the due process rights provided for in this chapter.
  987         (21)(19) The Department of Education and the Department of
  988  Juvenile Justice, after consultation with and assistance from
  989  local providers and district school boards, shall collect data
  990  report annually to the Legislature by February 1 on the progress
  991  toward developing effective education educational programs for
  992  juvenile delinquents, including the amount of funding provided
  993  by district school boards to juvenile justice education
  994  programs;, the amount of funding retained for administration,
  995  including documenting the purposes for such expenses;, the
  996  status of the development of cooperative agreements; juvenile
  997  justice education program results, including the identification
  998  of high-performing and low-performing education programs and
  999  aggregate student performance results;, the results of the
 1000  quality assurance reviews including recommendations for system
 1001  improvement;, and the information on the identification of, and
 1002  services provided to, exceptional students in juvenile justice
 1003  education programs commitment facilities to determine whether
 1004  these students are properly reported for funding and are
 1005  appropriately served.
 1006         (22)(20) The education program educational programs at the
 1007  Arthur Dozier School for Boys in Jackson County and the Florida
 1008  School for Boys in Okeechobee shall be operated by the
 1009  Department of Education, either directly or through grants or
 1010  contractual agreements with other public or duly accredited
 1011  education agencies approved by the Department of Education.
 1012         (23)(21) The State Board of Education shall may adopt any
 1013  rules necessary to implement the provisions of this section,
 1014  including uniform curriculum, funding, and second chance
 1015  schools. Such rules must require the minimum amount of paperwork
 1016  and reporting.
 1017         (24)(22) The Department of Juvenile Justice and the
 1018  Department of Education, in consultation with Workforce Florida,
 1019  Inc., the statewide Workforce Development Youth Council,
 1020  district school boards, Florida College System institutions,
 1021  providers, and others, shall jointly develop a multiagency plan
 1022  for career education which describes the funding, curriculum,
 1023  transfer of credits, goals, and outcome measures for career
 1024  education programming in juvenile commitment facilities,
 1025  pursuant to s. 985.622. The plan must be reviewed annually.
 1026         Section 6. Paragraph (b) of subsection (18) of section
 1027  1001.42, Florida Statutes, is amended to read:
 1028         1001.42 Powers and duties of district school board.—The
 1029  district school board, acting as a board, shall exercise all
 1030  powers and perform all duties listed below:
 1031         (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.
 1032  Maintain a state system of school improvement and education
 1033  accountability as provided by statute and State Board of
 1034  Education rule. This system of school improvement and education
 1035  accountability shall be consistent with, and implemented
 1036  through, the district’s continuing system of planning and
 1037  budgeting required by this section and ss. 1008.385, 1010.01,
 1038  and 1011.01. This system of school improvement and education
 1039  accountability shall comply with the provisions of ss. 1008.33,
 1040  1008.34, 1008.345, and 1008.385 and include the following:
 1041         (b) Public disclosure.—The district school board shall
 1042  provide information regarding the performance of students and
 1043  educational programs as required pursuant to ss. 1008.22 and
 1044  1008.385 and implement a system of school reports as required by
 1045  statute and State Board of Education rule which must shall
 1046  include schools operating for the purpose of providing
 1047  educational services to students youth in Department of Juvenile
 1048  Justice education programs, and, for those schools, report on
 1049  the elements specified in s. 1003.52(21) s. 1003.52(19). Annual
 1050  public disclosure reports must shall be in an easy-to-read
 1051  report card format and must shall include the school’s grade,
 1052  high school graduation rate calculated without high school
 1053  equivalency examinations GED tests, disaggregated by student
 1054  ethnicity, and performance data as specified in state board
 1055  rule.
 1056         Section 7. The Division of Law Revision and Information is
 1057  directed to prepare a reviser’s bill for introduction at the
 1058  next regular session of the Legislature to change the terms
 1059  “General Educational Development test” or “GED test” to “high
 1060  school equivalency examination” and change the terms “general
 1061  education diploma,” “graduate equivalency diploma,” or “GED” to
 1062  “high school equivalency diploma” wherever those terms appear in
 1063  the Florida Statutes.
 1064         Section 8. This act shall take effect July 1, 2014.