Bill Amendment: FL S1352 | 2024 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Juvenile Justice
Status: 2024-03-01 - Laid on Table, refer to CS/HB 1425 [S1352 Detail]
Download: Florida-2024-S1352-Senate_Committee_Amendment_754204.html
Bill Title: Juvenile Justice
Status: 2024-03-01 - Laid on Table, refer to CS/HB 1425 [S1352 Detail]
Download: Florida-2024-S1352-Senate_Committee_Amendment_754204.html
Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. SB 1352 Ì754204yÎ754204 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 haveThere is70authorizeda juvenile justice circuit advisory boardto be71established in each of the 20 judicial circuits. TheExcept in72single-county circuits, eachjuvenile 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 continuumhave a county organization76representing each of the counties in the circuit.The county77organization shall report directly to the juvenile justice78circuit advisory board on the juvenile justice needs of the79county. The purpose of each juvenile justice circuit advisory80board is to provide advice and direction to the department in81the development and implementation of juvenile justice programs82and to work collaboratively with the department in seeking83program improvements and policy changes to address the emerging84and changing needs of Florida’s youth who are at risk of85delinquency.86 (2)The duties and responsibilities of a juvenile justice87circuit advisory board include, but are not limited to:88(a) Developing a comprehensive plan for the circuit. The89initial circuit plan shall be submitted to the department no90later than December 31, 2014, and no later than June 30 every 391years thereafter. The department shall prescribe a format and92content requirements for the submission of the comprehensive93plan.94(b) Participating in the facilitation of interagency95cooperation and information sharing.96(c) Providing recommendations for public or private grants97to be administered by one of the community partners that support98one or more components of the comprehensive circuit plan.99(d) Providing recommendations to the department in the100evaluation of prevention and early intervention grant programs,101including the Community Juvenile Justice Partnership Grant102program established in s. 985.676 and proceeds from the Invest103in Children license plate annual use fees.104(e) Providing an annual report to the department describing105the board’s activities. The department shall prescribe a format106and content requirements for submission of annual reports. The107annual report must be submitted to the department no later than108August 1 of each year.109(3)Each juvenile justice circuit advisory board shall have 110 a minimum of 1416members. 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 circuitSecretary 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 threefiverepresentatives fromany ofthe 146 communityfollowing who are not otherwise represented in this147subsection:1481. Community leaders.1492. 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 circuitWhen a vacancy in the office of the chair153occurs, the juvenile justice circuit advisory board shall154appoint a new chair, who must meet the board membership155requirements in subsection (4).The chair shall appoint members156to vacant seats within 45 days after the vacancy and submit the157appointments to the department for approval. The chair shall158serve at the pleasure of the Secretary of Juvenile Justice.159(6) A member may not serve more than three consecutive 2160year terms, except those members listed in paragraphs (4)(a),161(b), (c), (e), (f), (g), and (h). A former member who has not162served on the juvenile justice circuit advisory board for 2163years is eligible to serve on the juvenile justice circuit164advisory board again.165(7) At least half of the voting members of the juvenile166justice circuit advisory board constitutes a quorum. A quorum167must be present in order for the board to vote on a measure or168position.169(8) In order for a juvenile justice circuit advisory board170measure or position to pass, it must receive more than 50171percent of the vote.172(9) Each juvenile justice circuit advisory board must173provide for the establishment of an executive committee of not174more than 10 members. The duties and authority of the executive175committee must be addressed in the bylaws.176(10) Each juvenile justice circuit advisory board shall177have bylaws. The department shall prescribe a format and content178requirements for the bylaws. All bylaws must be approved by the179department. The bylaws shall address at least the following180issues: election or appointment of officers; filling of vacant181positions; meeting attendance requirements; and the182establishment and duties of an executive committee.183(11) Members of juvenile justice circuit advisory boards184are 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 planand the development and implementation of191circuit 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 circuit239board confirming that the grant application has been reviewed240and found to support one or more purposes or goals of the241juvenile justice plan as developed by the board.2422.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 stakeholdersthe juvenile justice circuit advisory264boardas 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 the276juvenile 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 equivalent297expressed in hours is only applicable to nonresidential298programs. 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 byup to 10301days for teacher planning for residential programs andup to 20 302 days or equivalent hours as specified in the State Board of 303 Education rule for teacher planningfor 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 rulesruleshall 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 residential330programs,include appropriate academic and career assessments 331 administered at program entry and exit that are selected by the 332 district school boardDepartment of Educationin 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 the336first 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 goalswithin 22 school343days 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 technicalprofessionaleducation(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 bodyAdvanceED or the Southern Association of368Colleges 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 educationCAPEcourses, 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 CredentialCAPE Industry Certification Funding393 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 1008.345Performance expectations for providers417and district school boards, including student performance418measures by type of program, education program performance419ratings, school improvement, and corrective action plans for420low-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 school424boards whose educational programs in Department of Juvenile425Justice programs are considered to be unsatisfactory and for426instances in which district school boards fail to meet standards427prescribed by law, rule, or State Board of Education policy.428These sanctions shall include the option of requiring a district429school board to contract with a provider or another district430school board if the educational program at the Department of431Juvenile Justice program is performing below minimum standards432and, after 6 months, is still performing below minimum433standards.434(s)Curriculum, schoolguidancecounseling, 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 ActCarl D. Perkins Career and Technical Education454Act 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 35working 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 1008.341establish and operate, either directly or indirectly508through a contract, a mechanism to provide accountability509measures that annually assesses and evaluates all juvenile510justice education programs using student performance data and511program performance ratings by type of program and shall provide512technical assistance and related research to district school513boards and juvenile justice education providers. The Department514of Education, with input from the Department of Juvenile515Justice, school districts, and education providers, shall516develop annual recommendations for system and school517improvement. 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 local532youth councils,educational contract providers, and juvenile 533 justice providers, whether state operated or contracted. 534 (b) Collecting information on the academic, career and 535 technicalprofessionaleducation(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 539CAPEprotocols 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, program544performance, 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, 564residential,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 applicableThe Department of Education, with the611assistance of the school districts and juvenile justice612education providers, shall select a common student assessment613instrument and protocol for measuring student learning gains and614student progression while a student is in a juvenile justice615education program. The Department of Education and the616Department of Juvenile Justice shall jointly review the617effectiveness of this assessment and implement changes as618necessary. 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 residentialprograms 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 educationCAPE 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 juvenile644justice education programs with a contracted minimum length of645stay of 9 months shall provide CAPE courses that lead to646preapprentice certifications and industry certifications.647Programs with contracted lengths of stay of less than 9 months648may provide career education courses that lead to preapprentice649certifications and CAPE industry certifications. If the duration650of a program is less than 40 days, the educational component may651be limited to tutorial remediation activities, career652employability skills instruction, education counseling, and653transition services that prepare students for a return to654school, the community, and their home settings based on the655students’ 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 developmentor other CAPE educationor 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 studentsnot classified as exceptional672education studentsupon 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 inresidential and nonresidentialjuvenile 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 Justicepersonnel 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 educationCAPE 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 areinterested,qualified, or experiencedin 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 materialstextbooks, technology, instructional support, and 740 resources commensurate with resources provided to students in 741 public schools, including instructional materialstextbooksand 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 ratingaccountability821and evaluation systemand 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 the829Department of Juvenile Justice, district school boards, and830providers, shall adopt rules establishing:831(a) Objective and measurable student performance measures832to evaluate a student’s educational progress while participating833in a prevention, day treatment, or residential program. The834student performance measures must be based on appropriate835outcomes for all students in juvenile justice education836programs, taking into consideration the student’s length of stay837in the program. Performance measures shall include outcomes that838relate to student achievement of career education goals,839acquisition of employability skills, receipt of a high school840diploma or its equivalent, grade advancement, and the number of841CAPE industry certifications earned.842(b) A performance rating system to be used by the843Department of Education to evaluate the delivery of educational844services within each of the juvenile justice programs. The845performance rating shall be primarily based on data regarding846student performance as described in paragraph (a).847(c) The timeframes, procedures, and resources to be used to848improve a low-rated educational program or to terminate or849reassign the program.850(d) The Department of Education, in partnership with the851Department of Juvenile Justice, shall develop a comprehensive852accountability and program improvement process. The853accountability and program improvement process shall be based on854student performance measures by type of program and shall rate855education program performance. The accountability system shall856identify and recognize high-performing education programs. The857Department of Education, in partnership with the Department of858Juvenile Justice, shall identify low-performing programs. Low859performing education programs shall receive an onsite program860evaluation from the Department of Juvenile Justice. School861improvement, technical assistance, or the reassignment of the862program shall be based, in part, on the results of the program863evaluation. Through a corrective action process, low-performing864programs must demonstrate improvement or the programs shall be865reassigned.866(17) The department, in collaboration with the Department867of Juvenile Justice, shall collect data and report on868commitment, day treatment, prevention, and detention programs.869The report shall be submitted to the President of the Senate,870the Speaker of the House of Representatives, and the Governor by871February 1 of each year. The report must include, at a minimum:872(a) The number and percentage of students who:8731. Return to an alternative school, middle school, or high874school upon release and the attendance rate of such students875before and after participation in juvenile justice education876programs.8772. Receive a standard high school diploma or a high school878equivalency diploma.8793. Receive industry certification.8804. Enroll in a postsecondary educational institution.8815. Complete a juvenile justice education program without882reoffending.8836. Reoffend within 1 year after completion of a day884treatment or residential commitment program.8857. Remain employed 1 year after completion of a day886treatment or residential commitment program.8878. Demonstrate learning gains pursuant to paragraph (3)(d).888(b) The following cost data for each juvenile justice889education program:8901. The amount of funding provided by district school boards891to juvenile justice programs and the amount retained for892administration, including documenting the purposes of such893expenses.8942. The status of the development of cooperative agreements.8953. Recommendations for system improvement.8964. Information on the identification of, and services897provided to, exceptional students, to determine whether these898students are properly reported for funding and are appropriately899served.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