Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 1352
Ì754204yÎ754204
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/09/2024 .
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The Appropriations Committee on Criminal and Civil Justice
(Bradley) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 713 - 1430
4 and insert:
5 Section 15. Paragraph (b) of subsection (4) of section
6 985.619, Florida Statutes, is amended to read:
7 985.619 Florida Scholars Academy.—
8 (4) GOVERNING BODY; POWERS AND DUTIES.—
9 (b) The board of trustees shall have the following powers
10 and duties:
11 1. Meet at least 4 times each year, upon the call of the
12 chair, or at the request of a majority of the membership.
13 2. Be responsible for the Florida Scholars Academy’s
14 development of an education delivery system that is cost
15 effective, high-quality, educationally sound, and capable of
16 sustaining an effective delivery system.
17 3.a. Identify appropriate performance measures and
18 standards based on student achievement which reflect the
19 school’s statutory mission and priorities, and implement an
20 accountability system approved by the State Board of Education
21 for the school by the 2024-2025 school year which includes an
22 assessment of its effectiveness and efficiency in providing
23 quality services that encourage high student achievement,
24 seamless articulation, and maximum access to career
25 opportunities.
26 b. For the 2024-2025 school year, the results of the
27 accountability system must serve as an informative baseline for
28 the academy as it works to improve performance in future years.
29 4. Administer and maintain the educational programs of the
30 Florida Scholars Academy in accordance with law and department
31 rules, in consultation with the State Board of Education.
32 5. With the approval of the secretary of the department or
33 his or her designee, determine the compensation, including
34 salaries and fringe benefits, and other conditions of employment
35 for such personnel, in alignment with the Florida Scholars
36 Academy’s provider contracts.
37 6. The employment of all Florida Scholars Academy
38 administrative and instructional personnel are subject to
39 rejection for cause by the secretary of the department or his or
40 her designee and are subject to policies established by the
41 board of trustees.
42 7. Provide for the content and custody of student records
43 in compliance with s. 1002.22.
44 8. Maintain the financial records and accounts of the
45 Florida Scholars Academy in compliance with rules adopted by the
46 State Board of Education for the uniform system of financial
47 records and accounts for the schools of this state.
48 9. Is a body corporate with all the powers of a body
49 corporate and may exercise such authority as is needed for the
50 proper operation and improvement of the Florida Scholars
51 Academy. The board of trustees is specifically authorized to
52 adopt rules, policies, and procedures, consistent with law and
53 State Board of Education rules related to governance, personnel,
54 budget and finance, administration, programs, curriculum and
55 instruction, travel and purchasing, technology, students,
56 contracts and grants, and property as necessary for optimal,
57 efficient operation of the Florida Scholars Academy.
58 10. Notwithstanding any rule to the contrary, review and
59 approve an annual academic calendar to provide educational
60 services to youth for a school year composed of 250 days or
61 1,250 hours of instruction for students enrolled in a
62 traditional K-12 education pathway, distributed over 12 months.
63 The board of trustees may decrease the minimum number of days
64 for instruction by up to 20 days or 100 hours for teacher
65 planning.
66 Section 16. Section 985.664, Florida Statutes, is amended
67 to read:
68 985.664 Juvenile justice circuit advisory boards.—
69 (1) Each judicial circuit in this state shall have There is
70 authorized a juvenile justice circuit advisory board to be
71 established in each of the 20 judicial circuits. The Except in
72 single-county circuits, each juvenile justice circuit advisory
73 board shall work with the chief probation officer of the circuit
74 to use data to inform policies and practices that better improve
75 the juvenile justice continuum have a county organization
76 representing each of the counties in the circuit. The county
77 organization shall report directly to the juvenile justice
78 circuit advisory board on the juvenile justice needs of the
79 county. The purpose of each juvenile justice circuit advisory
80 board is to provide advice and direction to the department in
81 the development and implementation of juvenile justice programs
82 and to work collaboratively with the department in seeking
83 program improvements and policy changes to address the emerging
84 and changing needs of Florida’s youth who are at risk of
85 delinquency.
86 (2) The duties and responsibilities of a juvenile justice
87 circuit advisory board include, but are not limited to:
88 (a) Developing a comprehensive plan for the circuit. The
89 initial circuit plan shall be submitted to the department no
90 later than December 31, 2014, and no later than June 30 every 3
91 years thereafter. The department shall prescribe a format and
92 content requirements for the submission of the comprehensive
93 plan.
94 (b) Participating in the facilitation of interagency
95 cooperation and information sharing.
96 (c) Providing recommendations for public or private grants
97 to be administered by one of the community partners that support
98 one or more components of the comprehensive circuit plan.
99 (d) Providing recommendations to the department in the
100 evaluation of prevention and early intervention grant programs,
101 including the Community Juvenile Justice Partnership Grant
102 program established in s. 985.676 and proceeds from the Invest
103 in Children license plate annual use fees.
104 (e) Providing an annual report to the department describing
105 the board’s activities. The department shall prescribe a format
106 and content requirements for submission of annual reports. The
107 annual report must be submitted to the department no later than
108 August 1 of each year.
109 (3) Each juvenile justice circuit advisory board shall have
110 a minimum of 14 16 members. The membership of each board must
111 reflect:
112 (a) The circuit’s geography and population distribution.
113 (b) Diversity in the judicial circuit.
114 (3)(4) Each member of the juvenile justice circuit advisory
115 board must be approved by the chief probation officer of the
116 circuit Secretary of Juvenile Justice, except those members
117 listed in paragraphs (a), (b), (c), (e), (f), (g), and (h). The
118 juvenile justice circuit advisory boards established under
119 subsection (1) must include as members:
120 (a) The state attorney or his or her designee.
121 (b) The public defender or his or her designee.
122 (c) The chief judge or his or her designee.
123 (d) A representative of the corresponding circuit or
124 regional entity of the Department of Children and Families.
125 (e) The sheriff or the sheriff’s designee from each county
126 in the circuit.
127 (f) A police chief or his or her designee from each county
128 in the circuit.
129 (g) A county commissioner or his or her designee from each
130 county in the circuit.
131 (h) The superintendent of each school district in the
132 circuit or his or her designee.
133 (i) A representative from the workforce organization of
134 each county in the circuit.
135 (j) A representative of the business community.
136 (k) A youth representative who has had an experience with
137 the juvenile justice system and is not older than 21 years of
138 age.
139 (l) A representative of the faith community.
140 (m) A health services representative who specializes in
141 mental health care, victim-service programs, or victims of
142 crimes.
143 (n) A parent or family member of a youth who has been
144 involved with the juvenile justice system.
145 (o) Up to three five representatives from any of the
146 community following who are not otherwise represented in this
147 subsection:
148 1. Community leaders.
149 2. Youth-serving coalitions.
150 (4)(5) The chief probation officer in each circuit shall
151 serve as the chair of the juvenile justice circuit advisory
152 board for that circuit When a vacancy in the office of the chair
153 occurs, the juvenile justice circuit advisory board shall
154 appoint a new chair, who must meet the board membership
155 requirements in subsection (4). The chair shall appoint members
156 to vacant seats within 45 days after the vacancy and submit the
157 appointments to the department for approval. The chair shall
158 serve at the pleasure of the Secretary of Juvenile Justice.
159 (6) A member may not serve more than three consecutive 2
160 year terms, except those members listed in paragraphs (4)(a),
161 (b), (c), (e), (f), (g), and (h). A former member who has not
162 served on the juvenile justice circuit advisory board for 2
163 years is eligible to serve on the juvenile justice circuit
164 advisory board again.
165 (7) At least half of the voting members of the juvenile
166 justice circuit advisory board constitutes a quorum. A quorum
167 must be present in order for the board to vote on a measure or
168 position.
169 (8) In order for a juvenile justice circuit advisory board
170 measure or position to pass, it must receive more than 50
171 percent of the vote.
172 (9) Each juvenile justice circuit advisory board must
173 provide for the establishment of an executive committee of not
174 more than 10 members. The duties and authority of the executive
175 committee must be addressed in the bylaws.
176 (10) Each juvenile justice circuit advisory board shall
177 have bylaws. The department shall prescribe a format and content
178 requirements for the bylaws. All bylaws must be approved by the
179 department. The bylaws shall address at least the following
180 issues: election or appointment of officers; filling of vacant
181 positions; meeting attendance requirements; and the
182 establishment and duties of an executive committee.
183 (11) Members of juvenile justice circuit advisory boards
184 are subject to part III of chapter 112.
185 Section 17. Subsections (1) and (2) of section 985.676,
186 Florida Statutes, are amended to read:
187 985.676 Community juvenile justice partnership grants.—
188 (1) GRANTS; CRITERIA.—
189 (a) In order to encourage the development of a circuit
190 juvenile justice plan and the development and implementation of
191 circuit interagency agreements under s. 985.664, the community
192 juvenile justice partnership grant program is established and
193 shall be administered by the department.
194 (b) In awarding these grants, the department shall consider
195 applications that at a minimum provide for the following:
196 1. The participation of the agencies and programs needed to
197 implement the project or program for which the applicant is
198 applying;
199 2. The reduction of truancy and in-school and out-of-school
200 suspensions and expulsions, the enhancement of school safety,
201 and other delinquency early-intervention and diversion services;
202 3. The number of youths from 10 through 17 years of age
203 within the geographic area to be served by the program, giving
204 those geographic areas having the highest number of youths from
205 10 to 17 years of age priority for selection;
206 4. The extent to which the program targets high-juvenile
207 crime neighborhoods and those public schools serving juveniles
208 from high-crime neighborhoods;
209 5. The validity and cost-effectiveness of the program; and
210 6. The degree to which the program is located in and
211 managed by local leaders of the target neighborhoods and public
212 schools serving the target neighborhoods.
213 (c) In addition, the department may consider the following
214 criteria in awarding grants:
215 1. The circuit juvenile justice plan and any county
216 juvenile justice plans that are referred to or incorporated into
217 the circuit plan, including a list of individuals, groups, and
218 public and private entities that participated in the development
219 of the plan.
220 2. The diversity of community entities participating in the
221 development of the circuit juvenile justice plan.
222 3. The number of community partners who will be actively
223 involved in the operation of the grant program.
224 4. The number of students or youths to be served by the
225 grant and the criteria by which they will be selected.
226 5. The criteria by which the grant program will be
227 evaluated and, if deemed successful, the feasibility of
228 implementation in other communities.
229 (2) GRANT APPLICATION PROCEDURES.—
230 (a) Each entity wishing to apply for an annual community
231 juvenile justice partnership grant, which may be renewed for a
232 maximum of 2 additional years for the same provision of
233 services, shall submit a grant proposal for funding or continued
234 funding to the department. The department shall establish the
235 grant application procedures. In order to be considered for
236 funding, the grant proposal shall include the following
237 assurances and information:
238 1. A letter from the chair of the juvenile justice circuit
239 board confirming that the grant application has been reviewed
240 and found to support one or more purposes or goals of the
241 juvenile justice plan as developed by the board.
242 2. A rationale and description of the program and the
243 services to be provided, including goals and objectives.
244 2.3. A method for identification of the juveniles most
245 likely to be involved in the juvenile justice system who will be
246 the focus of the program.
247 3.4. Provisions for the participation of parents and
248 guardians in the program.
249 4.5. Coordination with other community-based and social
250 service prevention efforts, including, but not limited to, drug
251 and alcohol abuse prevention and dropout prevention programs,
252 that serve the target population or neighborhood.
253 5.6. An evaluation component to measure the effectiveness
254 of the program in accordance with s. 985.632.
255 6.7. A program budget, including the amount and sources of
256 local cash and in-kind resources committed to the budget. The
257 proposal must establish to the satisfaction of the department
258 that the entity will make a cash or in-kind contribution to the
259 program of a value that is at least equal to 20 percent of the
260 amount of the grant.
261 7.8. The necessary program staff.
262 (b) The department shall consider the recommendations of
263 community stakeholders the juvenile justice circuit advisory
264 board as to the priority that should be given to proposals
265 submitted by entities within a circuit in awarding such grants.
266 (c) The department shall make available, to anyone wishing
267 to apply for such a grant, information on all of the criteria to
268 be used in the selection of the proposals for funding pursuant
269 to the provisions of this subsection.
270 (d) The department shall review all program proposals
271 submitted. Entities submitting proposals shall be notified of
272 approval not later than June 30 of each year.
273 (e) Each entity that is awarded a grant as provided for in
274 this section shall submit an annual evaluation report to the
275 department and, the circuit juvenile justice manager, and the
276 juvenile justice circuit advisory board, by a date subsequent to
277 the end of the contract period established by the department,
278 documenting the extent to which the program objectives have been
279 met, the effect of the program on the juvenile arrest rate, and
280 any other information required by the department. The department
281 shall coordinate and incorporate all such annual evaluation
282 reports with s. 985.632. Each entity is also subject to a
283 financial audit and a performance audit.
284 (f) The department may establish rules and policy
285 provisions necessary to implement this section.
286 Section 18. Paragraph (a) of subsection (14) of section
287 1003.01, Florida Statutes, is amended to read:
288 1003.01 Definitions.—As used in this chapter, the term:
289 (14)(a) “Juvenile justice education programs or schools”
290 means programs or schools operating for the purpose of providing
291 educational services to youth in Department of Juvenile Justice
292 programs, for a school year composed of 250 days of instruction,
293 or the equivalent expressed in hours as specified in State Board
294 of Education rule, distributed over 12 months. If the period of
295 operation is expressed in hours, the State Board of Education
296 must review the calculation annually. The use of the equivalent
297 expressed in hours is only applicable to nonresidential
298 programs. At the request of the provider, A district school
299 board, including an educational entity under s. 985.619, may
300 decrease the minimum number of days of instruction by up to 10
301 days for teacher planning for residential programs and up to 20
302 days or equivalent hours as specified in the State Board of
303 Education rule for teacher planning for nonresidential programs,
304 subject to the approval of the Department of Juvenile Justice
305 and the Department of Education.
306 Section 19. Subsections (2) through (5) of section 1003.51,
307 Florida Statutes, are amended to read:
308 1003.51 Other public educational services.—
309 (2) The State Board of Education shall adopt rules
310 articulating expectations for effective education programs for
311 students in Department of Juvenile Justice programs, including,
312 but not limited to, education programs in juvenile justice
313 prevention, day treatment, residential, and detention programs.
314 The rules rule shall establish policies and standards for
315 education programs for students in Department of Juvenile
316 Justice programs and shall include the following:
317 (a) The interagency collaborative process needed to ensure
318 effective programs with measurable results.
319 (b) The responsibilities of the Department of Education,
320 the Department of Juvenile Justice, CareerSource Florida, Inc.,
321 district school boards, and providers of education services to
322 students in Department of Juvenile Justice programs.
323 (c) Academic expectations.
324 (d) Career expectations.
325 (e) Education transition planning and services.
326 (f) Service delivery options available to district school
327 boards, including direct service and contracting.
328 (g) Assessment procedures, which:
329 1. For prevention and, day treatment, and residential
330 programs, include appropriate academic and career assessments
331 administered at program entry and exit that are selected by the
332 district school board Department of Education in partnership
333 with representatives from the Department of Education, the
334 Department of Juvenile Justice, district school boards, and
335 education providers. Assessments must be completed within the
336 first 10 school days after a student’s entry into the program.
337 2. Provide for determination of the areas of academic need
338 and strategies for appropriate intervention and instruction for
339 each student in a detention facility within 5 school days after
340 the student’s entry into the program and administer a research
341 based assessment that will assist the student in determining his
342 or her educational and career options and goals within 22 school
343 days after the student’s entry into the program.
344
345 The results of these assessments, together with a portfolio
346 depicting the student’s academic and career accomplishments,
347 shall be included in the discharge packet assembled for each
348 student.
349 (h) Recommended instructional programs, using course
350 delivery models aligned to the state academic standards. Options
351 may include direct instruction, blended learning pursuant to s.
352 1011.61(1), or district virtual instruction programs, virtual
353 charter schools, Florida Virtual School (FLVS), virtual course
354 offerings, and district franchises of FLVS pursuant to ss.
355 1002.33, 1002.37, 1002.45, 1002.455, 1003.498, and 1011.62(1),
356 and credit recovery course procedures including, but not limited
357 to:
358 1. Secondary education.
359 2. High school equivalency examination preparation.
360 3. Postsecondary education.
361 4. Career and technical professional education (CAPE).
362 5. Job preparation.
363 6. Virtual education that:
364 a. Provides competency-based instruction that addresses the
365 unique academic needs of the student through delivery by an
366 entity accredited by a Department of Education-approved
367 accrediting body AdvanceED or the Southern Association of
368 Colleges and Schools.
369 b. Confers certifications and diplomas.
370 c. Issues credit that articulates with and transcripts that
371 are recognized by secondary schools.
372 d. Allows the student to continue to access and progress
373 through the program once the student leaves the juvenile justice
374 system.
375 (i) Funding requirements, which must provide that at least
376 95 percent of the FEFP funds generated by students in Department
377 of Juvenile Justice programs or in an education program for
378 juveniles under s. 985.19 must be spent on instructional costs
379 for those students. Department of Juvenile Justice education
380 programs are entitled to 100 percent of the formula-based
381 categorical funds generated by students in Department of
382 Juvenile Justice programs. Such funds must be spent on
383 appropriate categoricals, such as instructional materials and
384 public school technology for those students.
385 (j) Qualifications of instructional staff, procedures for
386 the selection of instructional staff, and procedures for
387 consistent instruction and qualified staff year-round.
388 Qualifications shall include those for instructors of career and
389 technical education CAPE courses, standardized across the state,
390 and shall be based on state certification, local school district
391 approval, and industry-recognized certifications as identified
392 on the Master Credential CAPE Industry Certification Funding
393 List. Procedures for the use of noncertified instructional
394 personnel who possess expert knowledge or experience in their
395 fields of instruction shall be established.
396 (k) Transition services, including the roles and
397 responsibilities of appropriate personnel in the juvenile
398 justice education program, the school district where the student
399 will reenter, provider organizations, and the Department of
400 Juvenile Justice.
401 (l) Procedures and timeframe for transfer of education
402 records when a student enters and leaves a Department of
403 Juvenile Justice education program.
404 (m) The requirement that each district school board
405 maintain an academic transcript for each student enrolled in a
406 juvenile justice education program that delineates each course
407 completed by the student as provided by the State Course Code
408 Directory.
409 (n) The requirement that each district school board make
410 available and transmit a copy of a student’s transcript in the
411 discharge packet when the student exits a juvenile justice
412 education program.
413 (o) Contract requirements.
414 (p) Accountability and school improvement requirements as
415 public alternative schools pursuant to ss. 1008.31, 1008.34,
416 1008.341, and 1008.345 Performance expectations for providers
417 and district school boards, including student performance
418 measures by type of program, education program performance
419 ratings, school improvement, and corrective action plans for
420 low-performing programs.
421 (q) The role and responsibility of the district school
422 board in securing workforce development funds.
423 (r) A series of graduated sanctions for district school
424 boards whose educational programs in Department of Juvenile
425 Justice programs are considered to be unsatisfactory and for
426 instances in which district school boards fail to meet standards
427 prescribed by law, rule, or State Board of Education policy.
428 These sanctions shall include the option of requiring a district
429 school board to contract with a provider or another district
430 school board if the educational program at the Department of
431 Juvenile Justice program is performing below minimum standards
432 and, after 6 months, is still performing below minimum
433 standards.
434 (s) Curriculum, school guidance counseling, transition, and
435 education services expectations, including curriculum
436 flexibility for detention centers operated by the Department of
437 Juvenile Justice.
438 (s)(t) Other aspects of program operations.
439 (3) The Department of Education in partnership with the
440 Department of Juvenile Justice, the district school boards, and
441 providers shall:
442 (a) Develop and implement requirements for contracts and
443 cooperative agreements regarding the delivery of appropriate
444 education services to students in Department of Juvenile Justice
445 education programs. The minimum contract requirements shall
446 include, but are not limited to, payment structure and amounts;
447 access to district services; contract management provisions;
448 data reporting requirements, including reporting of full-time
449 equivalent student membership; accountability requirements and
450 corrective action plans, if needed; administration of federal
451 programs such as Title I, exceptional student education, and the
452 federal Strengthening Career and Technical Education for the
453 21st Century Act Carl D. Perkins Career and Technical Education
454 Act of 2006; and the policy and standards included in subsection
455 (2).
456 (b) Develop and implement procedures for transitioning
457 students into and out of Department of Juvenile Justice
458 education programs. These procedures shall reflect the policy
459 and standards adopted pursuant to subsection (2).
460 (c) Maintain standardized required content of education
461 records to be included as part of a student’s commitment record
462 and procedures for securing the student’s records. The education
463 records shall include, but not be limited to, the following:
464 1. A copy of the student’s individual educational plan,
465 Section 504 plan, or behavioral plan, if applicable.
466 2. A copy of the student’s individualized progress
467 monitoring plan.
468 3. A copy of the student’s individualized transition plan.
469 4. Data on student performance on assessments taken
470 according to s. 1008.22.
471 5. A copy of the student’s permanent cumulative record.
472 6. A copy of the student’s academic transcript.
473 7. A portfolio reflecting the student’s academic
474 accomplishments and industry certification earned, when age
475 appropriate, while in the Department of Juvenile Justice
476 program.
477 (d) Establish the roles and responsibilities of the
478 juvenile probation officer and others involved in the withdrawal
479 of the student from school and assignment to a juvenile justice
480 education program.
481 (4) Each district school board shall:
482 (a) Notify students in juvenile justice education programs
483 who attain the age of 16 years of the law regarding compulsory
484 school attendance and make available the option of enrolling in
485 an education program to attain a Florida high school diploma by
486 taking the high school equivalency examination before release
487 from the program. The Department of Education shall assist
488 juvenile justice education programs with becoming high school
489 equivalency examination centers.
490 (b) Respond to requests for student education records
491 received from another district school board or a juvenile
492 justice education program within 3 5 working days after
493 receiving the request.
494 (c) Provide access to courses offered pursuant to ss.
495 1002.37, 1002.45, 1002.455, and 1003.498. School districts and
496 providers may enter into cooperative agreements for the
497 provision of curriculum associated with courses offered pursuant
498 to s. 1003.498 to enable providers to offer such courses.
499 (d) Complete the assessment process required by subsection
500 (2).
501 (e) Monitor compliance with contracts for education
502 programs for students in juvenile justice prevention, day
503 treatment, residential, and detention programs.
504 (5) The Department of Education shall issue an alternative
505 school improvement rating for prevention and day treatment
506 prevention juvenile justice education programs, pursuant to s.
507 1008.341 establish and operate, either directly or indirectly
508 through a contract, a mechanism to provide accountability
509 measures that annually assesses and evaluates all juvenile
510 justice education programs using student performance data and
511 program performance ratings by type of program and shall provide
512 technical assistance and related research to district school
513 boards and juvenile justice education providers. The Department
514 of Education, with input from the Department of Juvenile
515 Justice, school districts, and education providers, shall
516 develop annual recommendations for system and school
517 improvement.
518 Section 20. Section 1003.52, Florida Statutes, is amended
519 to read:
520 1003.52 Educational services in Department of Juvenile
521 Justice programs.—
522 (1) The Department of Education shall serve as the lead
523 agency for juvenile justice education programs, curriculum,
524 support services, and resources. To this end, the Department of
525 Education and the Department of Juvenile Justice shall each
526 designate a Coordinator for Juvenile Justice Education Programs
527 to serve as the point of contact for resolving issues not
528 addressed by district school boards and to provide each
529 department’s participation in the following activities:
530 (a) Training, collaborating, and coordinating with district
531 school boards, local workforce development boards, and local
532 youth councils, educational contract providers, and juvenile
533 justice providers, whether state operated or contracted.
534 (b) Collecting information on the academic, career and
535 technical professional education (CAPE), and transition
536 performance of students in juvenile justice programs and
537 reporting on the results.
538 (c) Developing academic and career and technical education
539 CAPE protocols that provide guidance to district school boards
540 and juvenile justice education providers in all aspects of
541 education programming, including records transfer and
542 transition.
543 (d) Implementing a joint accountability, program
544 performance, and program improvement process.
545
546 Annually, a cooperative agreement and plan for juvenile justice
547 education service enhancement shall be developed between the
548 Department of Juvenile Justice and the Department of Education
549 and submitted to the Secretary of Juvenile Justice and the
550 Commissioner of Education by June 30. The plan shall include, at
551 a minimum, each agency’s role regarding educational program
552 accountability, technical assistance, training, and coordination
553 of services.
554 (2) Students participating in Department of Juvenile
555 Justice education programs pursuant to chapter 985 which are
556 sponsored by a community-based agency or are operated or
557 contracted for by the Department of Juvenile Justice shall
558 receive education programs according to rules of the State Board
559 of Education. These students shall be eligible for services
560 afforded to students enrolled in programs pursuant to s. 1003.53
561 and all corresponding State Board of Education rules.
562 (3) The district school board of the county in which the
563 juvenile justice education prevention, day treatment,
564 residential, or detention program is located shall provide or
565 contract for appropriate educational assessments and an
566 appropriate program of instruction and special education
567 services.
568 (a) All contracts between a district school board desiring
569 to contract directly with juvenile justice education programs to
570 provide academic instruction for students in such programs must
571 be in writing and reviewed by the Department of Juvenile
572 Justice. Unless both parties agree to an extension of time, the
573 district school board and the juvenile justice education program
574 shall negotiate and execute a new or renewal contract within 40
575 days after the district school board provides the proposal to
576 the juvenile justice education program. The Department of
577 Education shall provide mediation services for any disputes
578 relating to this paragraph.
579 (b) District school boards shall satisfy invoices issued by
580 juvenile justice education programs within 15 working days after
581 receipt. If a district school board does not timely issue a
582 warrant for payment, it must pay to the juvenile justice
583 education program interest at a rate of 1 percent per month,
584 calculated on a daily basis, on the unpaid balance until such
585 time as a warrant is issued for the invoice and accrued interest
586 amount. The district school board may not delay payment to a
587 juvenile justice education program of any portion of funds owed
588 pending the district’s receipt of local funds.
589 (c) The district school board shall make provisions for
590 each student to participate in basic career and technical
591 education, CAPE, and exceptional student programs, as
592 appropriate. Students served in Department of Juvenile Justice
593 education programs shall have access to the appropriate courses
594 and instruction to prepare them for the high school equivalency
595 examination. Students participating in high school equivalency
596 examination preparation programs shall be funded at the basic
597 program cost factor for Department of Juvenile Justice programs
598 in the Florida Education Finance Program. Each program shall be
599 conducted according to applicable law providing for the
600 operation of public schools and rules of the State Board of
601 Education. School districts shall provide the high school
602 equivalency examination exit option for all juvenile justice
603 education programs, except for residential programs operated
604 under s. 985.619.
605 (d) The district school board shall select appropriate
606 academic and career assessments to be administered at the time
607 of program entry and exit for the purpose of developing goals
608 for education transition plans, progress monitoring plans,
609 individual education plans, as applicable, and federal
610 reporting, as applicable The Department of Education, with the
611 assistance of the school districts and juvenile justice
612 education providers, shall select a common student assessment
613 instrument and protocol for measuring student learning gains and
614 student progression while a student is in a juvenile justice
615 education program. The Department of Education and the
616 Department of Juvenile Justice shall jointly review the
617 effectiveness of this assessment and implement changes as
618 necessary.
619 (4) Educational services shall be provided at times of the
620 day most appropriate for the juvenile justice program. School
621 programming in juvenile justice detention, prevention, or day
622 treatment, and residential programs shall be made available by
623 the local school district during the juvenile justice school
624 year, as provided in s. 1003.01(14). In addition, students in
625 juvenile justice education programs shall have access to courses
626 offered pursuant to ss. 1002.37, 1002.45, and 1003.498. The
627 Department of Education and the school districts shall adopt
628 policies necessary to provide such access.
629 (5) The educational program shall provide instruction based
630 on each student’s individualized transition plan, assessed
631 educational needs, and the education programs available in the
632 school district in which the student will return. Depending on
633 the student’s needs, educational programming may consist of
634 remedial courses, academic courses required for grade
635 advancement, career and technical education CAPE courses, high
636 school equivalency examination preparation, or exceptional
637 student education curricula and related services which support
638 the transition goals and reentry and which may lead to
639 completion of the requirements for receipt of a high school
640 diploma or its equivalent. Prevention and day treatment juvenile
641 justice education programs, at a minimum, shall provide career
642 readiness and exploration opportunities as well as truancy and
643 dropout prevention intervention services. Residential juvenile
644 justice education programs with a contracted minimum length of
645 stay of 9 months shall provide CAPE courses that lead to
646 preapprentice certifications and industry certifications.
647 Programs with contracted lengths of stay of less than 9 months
648 may provide career education courses that lead to preapprentice
649 certifications and CAPE industry certifications. If the duration
650 of a program is less than 40 days, the educational component may
651 be limited to tutorial remediation activities, career
652 employability skills instruction, education counseling, and
653 transition services that prepare students for a return to
654 school, the community, and their home settings based on the
655 students’ needs.
656 (6) Participation in the program by students of compulsory
657 school-attendance age as provided for in s. 1003.21 shall be
658 mandatory. All students of noncompulsory school-attendance age
659 who have not received a high school diploma or its equivalent
660 shall participate in the educational program, unless the student
661 files a formal declaration of his or her intent to terminate
662 school enrollment as described in s. 1003.21 and is afforded the
663 opportunity to take the high school equivalency examination and
664 attain a Florida high school diploma before release from a
665 juvenile justice education program. A student who has received a
666 high school diploma or its equivalent and is not employed shall
667 participate in workforce development or other CAPE education or
668 Florida College System institution or university courses while
669 in the program, subject to available funding.
670 (7) An individualized progress monitoring plan shall be
671 developed for all students not classified as exceptional
672 education students upon entry in a juvenile justice education
673 program and upon reentry in the school district. These plans
674 shall address academic, literacy, and career and technical
675 skills and shall include provisions for intensive remedial
676 instruction in the areas of weakness.
677 (8) Each district school board shall maintain an academic
678 record for each student enrolled in a juvenile justice education
679 program as prescribed by s. 1003.51. Such record shall delineate
680 each course completed by the student according to procedures in
681 the State Course Code Directory. The district school board shall
682 include a copy of a student’s academic record in the discharge
683 packet when the student exits the program.
684 (9) Each district school board shall make provisions for
685 high school level students to earn credits toward high school
686 graduation while in residential and nonresidential juvenile
687 justice detention, prevention, or day treatment education
688 programs. Provisions must be made for the transfer of credits
689 and partial credits earned.
690 (10) School districts and juvenile justice education
691 providers shall develop individualized transition plans during
692 the course of a student’s stay in a juvenile justice education
693 program to coordinate academic, career and technical, and
694 secondary and postsecondary services that assist the student in
695 successful community reintegration upon release. Development of
696 the transition plan shall be a collaboration of the personnel in
697 the juvenile justice education program, reentry personnel,
698 personnel from the school district where the student will
699 return, the student, the student’s family, and the Department of
700 Juvenile Justice personnel for committed students.
701 (a) Transition planning must begin upon a student’s
702 placement in the program. The transition plan must include, at a
703 minimum:
704 1. Services and interventions that address the student’s
705 assessed educational needs and postrelease education plans.
706 2. Services to be provided during the program stay and
707 services to be implemented upon release, including, but not
708 limited to, continuing education in secondary school, career and
709 technical education CAPE programs, postsecondary education, or
710 employment, based on the student’s needs.
711 3. Specific monitoring responsibilities to determine
712 whether the individualized transition plan is being implemented
713 and the student is provided access to support services that will
714 sustain the student’s success by individuals who are responsible
715 for the reintegration and coordination of these activities.
716 (b) For the purpose of transition planning and reentry
717 services, representatives from the school district and the one
718 stop center where the student will return shall participate as
719 members of the local Department of Juvenile Justice reentry
720 teams. The school district, upon return of a student from a
721 juvenile justice education program, must consider the individual
722 needs and circumstances of the student and the transition plan
723 recommendations when reenrolling a student in a public school. A
724 local school district may not maintain a standardized policy for
725 all students returning from a juvenile justice program but place
726 students based on their needs and their performance in the
727 juvenile justice education program, including any virtual
728 education options.
729 (c) The Department of Education and the Department of
730 Juvenile Justice shall provide oversight and guidance to school
731 districts, education providers, and reentry personnel on how to
732 implement effective educational transition planning and
733 services.
734 (11) The district school board shall recruit and train
735 teachers who are interested, qualified, or experienced in
736 educating students in juvenile justice programs. Students in
737 juvenile justice programs shall be provided a wide range of
738 education programs and opportunities including instructional
739 materials textbooks, technology, instructional support, and
740 resources commensurate with resources provided to students in
741 public schools, including instructional materials textbooks and
742 access to technology. If the district school board operates a
743 juvenile justice education program at a juvenile justice
744 facility, the district school board, in consultation with the
745 director of the juvenile justice facility, shall select the
746 instructional personnel assigned to that program. The Secretary
747 of Juvenile Justice or the director of a juvenile justice
748 program may request that the performance of a teacher assigned
749 by the district to a juvenile justice education program be
750 reviewed by the district and that the teacher be reassigned
751 based upon an evaluation conducted pursuant to s. 1012.34 or for
752 inappropriate behavior. Juvenile justice education programs
753 shall have access to the substitute teacher pool used by the
754 district school board.
755 (12) District school boards may contract with a private
756 provider for the provision of education programs to students
757 placed in juvenile justice detention, prevention, or day
758 treatment programs with the Department of Juvenile Justice and
759 shall generate local, state, and federal funding, including
760 funding through the Florida Education Finance Program for such
761 students. The district school board’s planning and budgeting
762 process shall include the needs of Department of Juvenile
763 Justice education programs in the district school board’s plan
764 for expenditures for state categorical and federal funds.
765 (13)(a) Eligible students enrolled in juvenile justice
766 detention, prevention, or day treatment education programs shall
767 be funded the same as students enrolled in traditional public
768 schools funded in the Florida Education Finance Program and as
769 specified in s. 1011.62 and the General Appropriations Act.
770 (b) Juvenile justice education programs to receive the
771 appropriate FEFP funding for Department of Juvenile Justice
772 education programs shall include those operated through a
773 contract with the Department of Juvenile Justice.
774 (c) Consistent with the rules of the State Board of
775 Education, district school boards shall request an alternative
776 FTE survey for Department of Juvenile Justice education programs
777 experiencing fluctuations in student enrollment.
778 (d) FTE count periods shall be prescribed in rules of the
779 State Board of Education and shall be the same for programs of
780 the Department of Juvenile Justice as for other public school
781 programs. The summer school period for students in Department of
782 Juvenile Justice education programs shall begin on the day
783 immediately following the end of the regular school year and end
784 on the day immediately preceding the subsequent regular school
785 year. Students shall be funded for no more than 25 hours per
786 week of direct instruction.
787 (e) Each juvenile justice education program must receive
788 all federal funds for which the program is eligible.
789 (14) Each district school board shall negotiate a
790 cooperative agreement with the Department of Juvenile Justice on
791 the delivery of educational services to students in juvenile
792 justice detention, prevention, or day treatment programs under
793 the jurisdiction of the Department of Juvenile Justice. Such
794 agreement must include, but is not limited to:
795 (a) Roles and responsibilities of each agency, including
796 the roles and responsibilities of contract providers.
797 (b) Administrative issues including procedures for sharing
798 information.
799 (c) Allocation of resources including maximization of
800 local, state, and federal funding.
801 (d) Procedures for educational evaluation for educational
802 exceptionalities and special needs.
803 (e) Curriculum and delivery of instruction.
804 (f) Classroom management procedures and attendance
805 policies.
806 (g) Procedures for provision of qualified instructional
807 personnel, whether supplied by the district school board or
808 provided under contract by the provider, and for performance of
809 duties while in a juvenile justice setting.
810 (h) Provisions for improving skills in teaching and working
811 with students referred to juvenile justice education programs.
812 (i) Transition plans for students moving into and out of
813 juvenile justice education programs.
814 (j) Procedures and timelines for the timely documentation
815 of credits earned and transfer of student records.
816 (k) Methods and procedures for dispute resolution.
817 (l) Provisions for ensuring the safety of education
818 personnel and support for the agreed-upon education program.
819 (m) Strategies for correcting any deficiencies found
820 through the alternative school improvement rating accountability
821 and evaluation system and student performance measures.
822 (n) Career and academic assessments selected by the
823 district pursuant to paragraph (3)(d).
824 (15) Nothing in this section or in a cooperative agreement
825 requires the district school board to provide more services than
826 can be supported by the funds generated by students in the
827 juvenile justice programs.
828 (16) The Department of Education, in consultation with the
829 Department of Juvenile Justice, district school boards, and
830 providers, shall adopt rules establishing:
831 (a) Objective and measurable student performance measures
832 to evaluate a student’s educational progress while participating
833 in a prevention, day treatment, or residential program. The
834 student performance measures must be based on appropriate
835 outcomes for all students in juvenile justice education
836 programs, taking into consideration the student’s length of stay
837 in the program. Performance measures shall include outcomes that
838 relate to student achievement of career education goals,
839 acquisition of employability skills, receipt of a high school
840 diploma or its equivalent, grade advancement, and the number of
841 CAPE industry certifications earned.
842 (b) A performance rating system to be used by the
843 Department of Education to evaluate the delivery of educational
844 services within each of the juvenile justice programs. The
845 performance rating shall be primarily based on data regarding
846 student performance as described in paragraph (a).
847 (c) The timeframes, procedures, and resources to be used to
848 improve a low-rated educational program or to terminate or
849 reassign the program.
850 (d) The Department of Education, in partnership with the
851 Department of Juvenile Justice, shall develop a comprehensive
852 accountability and program improvement process. The
853 accountability and program improvement process shall be based on
854 student performance measures by type of program and shall rate
855 education program performance. The accountability system shall
856 identify and recognize high-performing education programs. The
857 Department of Education, in partnership with the Department of
858 Juvenile Justice, shall identify low-performing programs. Low
859 performing education programs shall receive an onsite program
860 evaluation from the Department of Juvenile Justice. School
861 improvement, technical assistance, or the reassignment of the
862 program shall be based, in part, on the results of the program
863 evaluation. Through a corrective action process, low-performing
864 programs must demonstrate improvement or the programs shall be
865 reassigned.
866 (17) The department, in collaboration with the Department
867 of Juvenile Justice, shall collect data and report on
868 commitment, day treatment, prevention, and detention programs.
869 The report shall be submitted to the President of the Senate,
870 the Speaker of the House of Representatives, and the Governor by
871 February 1 of each year. The report must include, at a minimum:
872 (a) The number and percentage of students who:
873 1. Return to an alternative school, middle school, or high
874 school upon release and the attendance rate of such students
875 before and after participation in juvenile justice education
876 programs.
877 2. Receive a standard high school diploma or a high school
878 equivalency diploma.
879 3. Receive industry certification.
880 4. Enroll in a postsecondary educational institution.
881 5. Complete a juvenile justice education program without
882 reoffending.
883 6. Reoffend within 1 year after completion of a day
884 treatment or residential commitment program.
885 7. Remain employed 1 year after completion of a day
886 treatment or residential commitment program.
887 8. Demonstrate learning gains pursuant to paragraph (3)(d).
888 (b) The following cost data for each juvenile justice
889 education program:
890 1. The amount of funding provided by district school boards
891 to juvenile justice programs and the amount retained for
892 administration, including documenting the purposes of such
893 expenses.
894 2. The status of the development of cooperative agreements.
895 3. Recommendations for system improvement.
896 4. Information on the identification of, and services
897 provided to, exceptional students, to determine whether these
898 students are properly reported for funding and are appropriately
899 served.
900 (18) The district school board shall not be charged any
901 rent, maintenance, utilities, or overhead on such facilities.
902 Maintenance, repairs, and remodeling of existing detention
903 facilities shall be provided by the Department of Juvenile
904 Justice.
905 (17)(19) When additional facilities are required for
906
907 ================= T I T L E A M E N D M E N T ================
908 And the title is amended as follows:
909 Delete lines 59 - 112
910 and insert:
911 the state for specified purposes; amending s. 985.619,
912 F.S.; providing the board of trustees of the Florida
913 Scholars Academy the power and duty to review and
914 approve an annual academic calendar; authorizing the
915 board of trustees to decrease the minimum number of
916 days for instruction; amending s. 985.664, F.S.;
917 requiring, rather than authorizing, each judicial
918 circuit to have a juvenile justice circuit advisory
919 board; requiring the juvenile justice circuit advisory
920 board to work with the chief probation officer of the
921 circuit to use data to inform policy and practices
922 that better improve the juvenile justice continuum;
923 deleting provisions relating to the juvenile justice
924 circuit advisory board’s purpose, duties, and
925 responsibilities; decreasing the minimum number of
926 members that each juvenile justice circuit advisory
927 board is required to have; requiring that each member
928 of the juvenile justice circuit advisory board be
929 approved by the chief probation officer of the
930 circuit, rather than the Secretary of Juvenile
931 Justice; requiring the chief probation officer in each
932 circuit to serve as the chair of the juvenile justice
933 circuit advisory board for that circuit; deleting
934 provisions relating to board membership and vacancies;
935 deleting provisions relating to quorums and the
936 passing of measures; deleting provisions requiring the
937 establishment of executive committees and having
938 bylaws; amending s. 985.676, F.S.; revising the
939 required contents of a grant proposal applicants must
940 submit to be considered for funding from an annual
941 community juvenile justice partnership grant;
942 requiring the department to consider the
943 recommendations of community stakeholders, rather than
944 the juvenile justice circuit advisory board, as to
945 certain priorities; deleting the juvenile justice
946 circuit advisory board from the entities to which each
947 awarded grantee is required to submit an annual
948 evaluation report; conforming a provision to changes
949 made by the act; amending s. 1003.01, F.S.; revising
950 the definition of the term “juvenile justice education
951 programs or schools”; amending s. 1003.51, F.S.;
952 revising requirements for certain State Board of
953 Education rules to establish policies and standards
954 for certain education programs; revising requirements
955 for the Department of Education, in partnership with
956 the Department of Juvenile Justice, the district
957 school boards, and education providers, to develop and
958 implements certain contract requirements and to
959 maintain standardized required content of education
960 records; revising district school board requirements;
961 revising departmental requirements relating to
962 juvenile justice education programs; amending s.
963 1003.52, F.S.; revising the role of Coordinators for
964 Juvenile Justice Education Programs in collecting
965 certain information and developing certain protocols;
966 deleting provisions relating to career and
967 professional education (CAPE); requiring district
968 school boards to select appropriate academic and
969 career assessments to be administered at the time of
970 program entry and exit; deleting provisions related to
971 requiring residential juvenile justice education
972 programs to provide certain CAPE courses; requiring
973 each district school board to make provisions for high
974 school level students to earn credits toward high
975 school graduation while in juvenile justice detention,
976 prevention, or day treatment programs; authorizing
977 district school boards to contract with private
978 providers for the provision of education programs to
979 students placed in such programs; requiring each
980 district school board to negotiate a cooperative
981 agreement with the department on the delivery of
982 educational services to students in such programs;
983 revising requirements for such agreements; deleting
984 provisions requiring the