The Florida Senate

230.23161  Educational services in Department of Juvenile Justice programs.--

(1)  Students participating in a detention, commitment, or rehabilitation program pursuant to ¹chapter 39 which is sponsored by a community-based agency or is operated or contracted for by the Department of Juvenile Justice shall receive educational programs according to rules of the State Board of Education. These students shall be eligible for services afforded to students enrolled in programs pursuant to s. 230.2316 and all corresponding State Board of Education rules.

(2)  The district school board of the county in which the residential or nonresidential care facility is located shall provide an appropriate program of instruction and special education services. The district school board shall make provisions for each student to participate in basic, vocational, and exceptional student programs as appropriate. Each program shall be conducted according to applicable law providing for the operation of public schools and rules of the state board.

(3)  A school day for any student serviced in a Department of Juvenile Justice program shall be the same as specified in s. 228.041(13). Educational services may be provided at times of the day most appropriate for the program. School programming in juvenile justice detention, commitment, and rehabilitation programs shall be made available during the regular school year and the summer school by the local school district.

(4)  The educational program shall consist of appropriate basic academic, vocational, or exceptional curricula and related services which support the treatment goals and reentry and which may lead to completion of the requirements for receipt of a high school diploma or its equivalent. If the duration of a program is less than 40 days, the educational component may be limited to tutorial activities and vocational employability skills.

(5)  Participation in the program by students of compulsory school attendance age as provided for in s. 232.01 shall be mandatory. All students of noncompulsory school-attendance age who have not received a high school diploma or its equivalent shall participate in the educational program.

(6)  The school district shall make every effort to recruit and train teachers who are interested, qualified, and experienced and to provide students in juvenile justice programs with a wide range of educational programs and opportunities.

(7)  A school district may contract with a private provider for the provision of educational programs to youths placed with the Department of Juvenile Justice and may generate local, state, and federal funding, including funding through the Florida Education Finance Program for such students.

(8)  The local school district shall fund the education program in a Department of Juvenile Justice facility at the same or higher level of funding for equivalent students in the county school system based on the funds generated by state funding through the Florida Education Finance Program for such students. It is the intent of the Legislature that the school district maximize its available local, state, and federal funding to a juvenile justice program.

(9)  Each school district shall negotiate a cooperative agreement with the Department of Juvenile Justice on the delivery of educational services to youths under the jurisdiction of the department. Such agreement must include, but is not limited to:

(a)  Roles and responsibilities of each agency, including the roles and responsibilities of contract providers.

(b)  Administrative issues including procedures for sharing information.

(c)  Allocation of resources including maximization of local, state, and federal funding.

(d)  Procedures for educational evaluation for educational exceptionalities and special needs.

(e)  Curriculum and delivery of instruction.

(f)  Classroom management procedures and attendance policies.

(g)  Procedures for provision of qualified instructional personnel, whether supplied by the school district or provided under contract by the provider, and for performance of duties while in a juvenile justice setting.

(h)  Provisions for improving skills in teaching and working with juvenile delinquents.

(i)  Transition plans for students moving into and out of juvenile facilities.

(j)  Procedures and timelines for the timely documentation of credits earned and transfer of student records.

(k)  Methods and procedures for dispute resolution.

(l)  Provisions for ensuring the safety of education personnel and support for the agreed-upon education program.

(m)  Strategies for correcting any deficiencies found through the quality assurance process.

(10)  The cooperative agreement pursuant to subsection (9) does not preclude the development of an operating agreement or contract between the school district and the provider for each juvenile justice program in the school district where educational programs are to be provided. Any of the matters which must be included in the agreement pursuant to subsection (9) may be defined in the operational agreements or operating contracts rather than in the cooperative agreement if agreed to by the Department of Juvenile Justice. Nothing in this section or in a cooperative agreement shall be construed to require the school board to provide more services than can be supported by the funds generated by students in the juvenile justice programs.

(11)  The Department of Education in consultation with the Department of Juvenile Justice shall establish standards and a comprehensive quality assurance review process and schedule for the evaluation of the educational component in juvenile justice programs.

(12)  The district school board shall not be charged any rent, maintenance, utilities, or overhead on such facilities. Maintenance, repairs, and remodeling of existing facilities shall be provided by the Department of Juvenile Justice.

(13)  When additional facilities are required, the district school board and the Department of Juvenile Justice shall agree on the appropriate site based on the instructional needs of the students. When the most appropriate site for instruction is on district school board property, a special capital outlay request shall be made by the commissioner in accordance with s. 235.41. When the most appropriate site is on state property, state capital outlay funds shall be requested by the Department of Juvenile Justice provided by s. 216.043 and shall be submitted as specified by s. 216.023. Any instructional facility to be built on state property shall have educational specifications jointly developed by the school district and the Department of Juvenile Justice and approved by the Department of Education. The size of space and occupant design capacity criteria as provided by state board rules shall be used for remodeling or new construction whether facilities are provided on state property or district school board property.

(14)  The parent or guardian of exceptional students shall have the due process rights provided for in chapter 232.

(15)  Department of Juvenile Justice detention and commitment programs may be designated as second chance schools pursuant to s. 230.2316(3)(d). Admission to such programs shall be governed by ²part II of chapter 39.

(16)  The Department of Education and Department of Juvenile Justice, after consultation with local providers, shall report annually to the Legislature on the progress towards developing effective educational programs for juvenile delinquents including the amount of funding provided by local school districts to juvenile justice programs, the amount retained for administration, the status of the development of cooperative agreements, and the results of the quality assurance reviews including recommendations for system improvement.

(17)  The Department of Education shall have the authority to adopt any rules necessary to implement the provisions of this section, including uniform curriculum, funding, and second chance schools. Such rules shall require the minimum amount of paperwork and reporting necessary to comply with this act. By January 1, 1997, current rules regarding this section shall be revised.

History.--s. 42, ch. 96-398; s. 9, ch. 97-190.

¹Note.--Provisions relating to juvenile detention, commitment, and rehabilitation were transferred to chapter 985 by ch. 97-238.

²Note.--Provisions comprising pt. II of chapter 985 were transferred to chapter 985 by ch. 97-238.