Bill Text: FL S0834 | 2012 | Regular Session | Comm Sub


Bill Title: Juvenile Justice Education and Workforce Programs

Spectrum: Committee Bill

Status: (Introduced - Dead) 2012-03-09 - Laid on Table -SJ 1180 [S0834 Detail]

Download: Florida-2012-S0834-Comm_Sub.html
       Florida Senate - 2012                CS for CS for CS for SB 834
       
       
       
       By the Committees on Budget Subcommittee on Criminal and Civil
       Justice Appropriations; Criminal Justice; Education Pre-K - 12;
       and Education Pre-K - 12
       
       
       604-04279-12                                           2012834c3
    1                        A bill to be entitled                      
    2         An act relating to juvenile justice education and
    3         workforce programs; amending s. 985.03, F.S.;
    4         providing a definition for the term “juvenile justice
    5         education programs” for purposes of the act; amending
    6         s. 985.46, F.S.; requiring that each juvenile
    7         committed to a juvenile justice commitment program
    8         have a transition plan upon release; requiring that
    9         the transition plan include an education transition
   10         plan component and information regarding delinquency
   11         treatment and intervention services that are
   12         accessible upon exiting the program; amending s.
   13         985.618, F.S.; providing legislative intent regarding
   14         juvenile justice education and workforce-related
   15         programs; requiring that the Department of Juvenile
   16         Justice, in collaboration with the Department of
   17         Education, annually verify that each juvenile justice
   18         education program meets specified minimum standards;
   19         requiring that the department collaborate with certain
   20         entities to adopt rules; amending s. 985.632, F.S.;
   21         conforming provisions to changes made by the act;
   22         requiring that the Department of Education rather than
   23         the Department of Juvenile Justice ensure that there
   24         is accurate cost accounting for certain education
   25         programs; requiring that the Department of Education
   26         submit annual cost data to the Department of Juvenile
   27         Justice; requiring that the effectiveness of juvenile
   28         justice education programs be determined by
   29         implementing systematic data collection, data
   30         analysis, and evaluations; requiring that the programs
   31         be evaluated based on student performance outcomes;
   32         requiring that the Department of Juvenile Justice, in
   33         collaboration with the Department of Education and in
   34         consultation with other entities, prepare and submit
   35         an annual report to the Governor and the Legislature
   36         by a specified date; amending s. 985.721, F.S.;
   37         conforming a cross-reference; amending s. 1001.42,
   38         F.S.; conforming provisions to changes made by the
   39         act; conforming a cross-reference; amending ss.
   40         1002.20 and 1002.45, F.S.; conforming cross
   41         references; amending s. 1003.01, F.S.; revising the
   42         term “juvenile justice education programs or schools”
   43         to conform to changes made by the act; creating s.
   44         1003.515, F.S.; providing a short title; providing a
   45         legislative finding; providing purposes of the Florida
   46         Juvenile Justice Education Act; providing a definition
   47         for the term “juvenile justice education programs”;
   48         providing responsibilities for school districts and
   49         private providers contracted by school districts to
   50         offer education services to youth in juvenile justice
   51         education programs; requiring that each juvenile
   52         justice residential and nonresidential program involve
   53         the regional workforce board or economic development
   54         agency and local postsecondary institutions to
   55         determine the occupational areas for the education and
   56         workforce-related program; providing requirements for
   57         education and workforce-related services in juvenile
   58         justice programs; providing responsibilities for the
   59         Department of Education; requiring that the department
   60         identify each juvenile justice residential and
   61         nonresidential education program, excluding detention
   62         programs, by performance ratings; providing criteria
   63         for determining performance ratings; requiring that
   64         the department make available a common student pre-
   65         and post-assessment to measure the academic progress
   66         in reading and mathematics of youth in juvenile
   67         justice education programs; requiring that juvenile
   68         justice residential and nonresidential education
   69         programs, excluding detention centers, be held
   70         accountable for student performance outcomes for a
   71         specified period after youth are released from the
   72         programs; providing for program accountability;
   73         requiring that the department monitor the education
   74         performance of youth, prohibit certain school district
   75         or private providers, under specified circumstances,
   76         from delivering education services, and verify that a
   77         school district is operating or contracting to deliver
   78         education services; providing for a school district’s
   79         responsibilities; requiring that a youth who exits the
   80         program attain an industry certification or
   81         occupational completion points, enroll in a program to
   82         complete the industry certification, be gainfully
   83         employed, or enroll in and continue his or her
   84         education based on a transition plan; requiring that
   85         an education transition plan component be incorporated
   86         in a youth’s transition plan; requiring that each
   87         juvenile justice education program develop the
   88         education transition plan component during the course
   89         of the youth’s stay in a juvenile justice residential
   90         or nonresidential program; prohibiting a district
   91         school board from being charged rent, maintenance,
   92         utilities, or overhead on facilities; requiring that
   93         the Department of Juvenile Justice provide
   94         maintenance, repairs, and remodeling of existing
   95         facilities; requiring that the State Board of
   96         Education collaborate with the Department of Juvenile
   97         Justice, the Department of Economic Opportunity,
   98         school districts, and private providers to adopt
   99         rules; amending s. 1003.52, F.S.; deleting provisions
  100         relating to educational services in Department of
  101         Juvenile Justice programs to conform to changes made
  102         by the act; amending s. 1009.25, F.S.; providing an
  103         exemption from the payment of postsecondary education
  104         fees and tuition for certain youth who are ordered by
  105         a court to participate in a juvenile justice
  106         residential program; amending s. 1010.20, F.S.;
  107         revising provisions relating to expenditure
  108         requirements for juvenile justice programs; amending
  109         s. 1011.62, F.S.; extending dates relating to the
  110         funding of students who are enrolled in juvenile
  111         justice education programs or in education programs
  112         for juveniles placed in secure facilities; conforming
  113         a cross-reference; providing an effective date.
  114  
  115  Be It Enacted by the Legislature of the State of Florida:
  116  
  117         Section 1. Present subsections (30) through (57) of section
  118  985.03, Florida Statutes, are redesignated as subsections (31)
  119  through (58), respectively, and a new subsection (30) is added
  120  to that section, to read:
  121         985.03 Definitions.—As used in this chapter, the term:
  122         (30) “Juvenile justice education programs” has the same
  123  meaning as provided in s. 1003.01(11)(a).
  124         Section 2. Subsection (6) is added to section 985.46,
  125  Florida Statutes, to read:
  126         985.46 Conditional release.—
  127         (6) Each juvenile committed to a commitment program shall
  128  have a transition plan upon release. Transition planning shall
  129  begin for each juvenile upon placement in a commitment program
  130  and shall result in an individual transition plan for each youth
  131  before he or she is released. The transition plan shall be
  132  developed with the participation of the youth, representatives
  133  of the commitment program, school district personnel, and
  134  representatives of conditional release or postcommitment
  135  probation programs, if appropriate. The transition plan shall
  136  include an education transition plan component as provided in s.
  137  1003.515(10), as well as information regarding pertinent
  138  delinquency treatment and intervention services that are
  139  accessible upon exiting the program.
  140         (a)For a juvenile who is released on conditional release
  141  or postcommitment probation status, the transition plan shall be
  142  incorporated into the conditions of release.
  143         (b)For a juvenile who is not released on conditional
  144  release or postcommitment probation status, the transition plan
  145  shall be explained to the youth and provided upon release, with
  146  all necessary referrals having been made at least 30 days before
  147  the youth exits the program.
  148         (c)For a juvenile who participates in a nonresidential
  149  program, the transition plan shall be explained to the youth and
  150  provided upon release. For a juvenile who participates in a
  151  nonresidential program and who is released on conditional
  152  release or postcommitment probation status, the transition plan
  153  shall be incorporated into the conditions of release.
  154         Section 3. Section 985.618, Florida Statutes, is amended to
  155  read:
  156         (Substantial rewording of section. See
  157         s. 985.618, F.S., for present text.)
  158         985.618 Education and workforce-related programs.—
  159         (1)The Legislature intends for youth in juvenile justice
  160  programs to be provided a quality education that includes
  161  workforce-related skills that lead to continuing education or
  162  meaningful employment, or both, and that results in reduced
  163  rates of recidivism.
  164         (2) The department, in collaboration with the Department of
  165  Education, shall annually verify that each juvenile justice
  166  education program, at a minimum:
  167         (a)Provides access to virtual course offerings that
  168  maximize learning opportunities for youth.
  169         (b) Encourages access to virtual counseling to address the
  170  educational and workforce needs of adjudicated youth.
  171         (c)Provides instruction from individuals who hold industry
  172  credentials in the occupational areas in which they teach.
  173         (d)Ensures that students in juvenile justice residential
  174  education programs have access to virtual instruction or
  175  instruction offered by volunteers during evenings and weekends.
  176         (e)Considers, before placement, the age, interests, prior
  177  education, training, work experience, emotional and mental
  178  abilities, treatment needs, and physical capabilities of the
  179  youth and the duration of the term of placement imposed.
  180         (f) Provides specialized instruction, related services,
  181  accommodations, and modifications as are necessary to ensure the
  182  provision of a free, appropriate public education for students
  183  with disabilities.
  184         (g) Expends funds in a manner that directly supports the
  185  attainment of successful student outcomes as specified in s.
  186  1003.515(7) and that allows youth to engage in real work
  187  situations whenever possible.
  188         (3)The department shall collaborate with the Department of
  189  Education, the Department of Economic Opportunity, school
  190  districts, and private providers to adopt rules to administer
  191  this section.
  192         Section 4. Section 985.632, Florida Statutes, is amended to
  193  read:
  194         985.632 Quality assurance and cost-effectiveness.—
  195         (1) It is the intent of the Legislature that the
  196  department:
  197         (a) Ensure that information be provided to decisionmakers
  198  in a timely manner so that resources are allocated to programs
  199  of the department which achieve desired performance levels.
  200         (b) Provide information about the cost of such programs and
  201  their differential effectiveness so that the quality of such
  202  programs can be compared and improvements made continually.
  203         (c) Provide information to aid in developing related policy
  204  issues and concerns.
  205         (d) Provide information to the public about the
  206  effectiveness of such programs in meeting established goals and
  207  objectives.
  208         (e) Provide a basis for a system of accountability so that
  209  each client is afforded the best programs to meet his or her
  210  needs.
  211         (f) Improve service delivery to clients.
  212         (g) Modify or eliminate activities that are not effective.
  213         (2) As used in this section, the term:
  214         (a) “Client” means any person who is being provided
  215  treatment or services by the department or by a provider under
  216  contract with the department.
  217         (b) “Program component” means an aggregation of generally
  218  related objectives which, because of their special character,
  219  related workload, and interrelated output, can logically be
  220  considered an entity for purposes of organization, management,
  221  accounting, reporting, and budgeting.
  222         (c) “Program effectiveness” means the ability of the
  223  program to achieve desired client outcomes, goals, and
  224  objectives.
  225         (3) The department shall annually collect and report cost
  226  data for every program operated by the department or its
  227  contracted provider or contracted by the department. The cost
  228  data shall conform to a format approved by the department and
  229  the Legislature. Uniform cost data shall be reported and
  230  collected for each education program operated by a school
  231  district or private provider contracted by a school district
  232  state-operated and contracted programs so that comparisons can
  233  be made among programs. The Department of Education shall ensure
  234  that there is accurate cost accounting for education programs
  235  operated by school districts, including those programs operated
  236  by private providers under contract with school districts state
  237  operated services including market-equivalent rent and other
  238  shared cost. The cost of the educational program provided to a
  239  residential facility shall be reported and included in the cost
  240  of a program. The Department of Education shall submit an annual
  241  cost data report to the department President of the Senate, the
  242  Speaker of the House of Representatives, the Minority Leader of
  243  each house of the Legislature, the appropriate substantive and
  244  fiscal committees of each house of the Legislature, and the
  245  Governor, no later than December 1 of each year. The annual cost
  246  data shall be included in the annual report required in
  247  subsection (7). Cost-benefit analysis for juvenile justice
  248  education educational programs shall will be developed and
  249  implemented in collaboration with and in cooperation with the
  250  Department of Education, local providers, and local school
  251  districts. Cost data for the report shall include data collected
  252  by the Department of Education for the purposes of preparing the
  253  annual report required by s. 1003.52(19).
  254         (4)(a) The department, in consultation with the Office of
  255  Economic and Demographic Research and contract service
  256  providers, shall develop a cost-effectiveness model and apply
  257  the model to each commitment program. Program recidivism rates
  258  shall be a component of the model. The cost-effectiveness model
  259  shall compare program costs to client outcomes and program
  260  outputs. It is the intent of the Legislature that continual
  261  development efforts take place to improve the validity and
  262  reliability of the cost-effectiveness model.
  263         (b) The department shall rank commitment programs based on
  264  the cost-effectiveness model and shall submit a report to the
  265  appropriate substantive and fiscal committees of each house of
  266  the Legislature by December 31 of each year.
  267         (c) Based on reports of the department on client outcomes
  268  and program outputs and on the department’s most recent cost
  269  effectiveness rankings, the department may terminate a program
  270  operated by the department or a provider if the program has
  271  failed to achieve a minimum threshold of program effectiveness.
  272  This paragraph does not preclude the department from terminating
  273  a contract as provided under this section or as otherwise
  274  provided by law or contract, and does not limit the department’s
  275  authority to enter into or terminate a contract.
  276         (d) In collaboration with the Office of Economic and
  277  Demographic Research, and contract service providers, the
  278  department shall develop a work plan to refine the cost
  279  effectiveness model so that the model is consistent with the
  280  performance-based program budgeting measures approved by the
  281  Legislature to the extent the department deems appropriate. The
  282  department shall notify the Office of Program Policy Analysis
  283  and Government Accountability of any meetings to refine the
  284  model.
  285         (e) Contingent upon specific appropriation, the department,
  286  in consultation with the Office of Economic and Demographic
  287  Research, and contract service providers, shall:
  288         1. Construct a profile of each commitment program that uses
  289  the results of the quality assurance report required by this
  290  section, the cost-effectiveness report required in this
  291  subsection, and other reports available to the department.
  292         2. Target, for a more comprehensive evaluation, any
  293  commitment program that has achieved consistently high, low, or
  294  disparate ratings in the reports required under subparagraph 1.
  295         3. Identify the essential factors that contribute to the
  296  high, low, or disparate program ratings.
  297         4. Use the results of these evaluations in developing or
  298  refining juvenile justice programs or program models, client
  299  outcomes and program outputs, provider contracts, quality
  300  assurance standards, and the cost-effectiveness model.
  301         (5)(a) Program effectiveness shall be determined by
  302  implementing systematic data collection, data analysis, and
  303  education and workforce-related program evaluations pursuant to
  304  this section and s. 1003.515.
  305         (b)The evaluation of juvenile justice education and
  306  workforce-related programs shall be based on the performance
  307  outcomes provided in s. 1003.515(7).
  308         (6)(5) The department shall:
  309         (a) Establish a comprehensive quality assurance system for
  310  each program operated by the department or its contracted
  311  provider operated by a provider under contract with the
  312  department. Each contract entered into by the department must
  313  provide for quality assurance.
  314         (b) Provide operational definitions of and criteria for
  315  quality assurance for each specific program component.
  316         (c) Establish quality assurance goals and objectives for
  317  each specific program component.
  318         (d) Establish the information and specific data elements
  319  required for the quality assurance program.
  320         (e) Develop a quality assurance manual of specific,
  321  standardized terminology and procedures to be followed by each
  322  program.
  323         (f) Evaluate each program operated by the department or its
  324  contracted a provider under a contract with the department and
  325  establish minimum thresholds for each program component. If a
  326  provider fails to meet the established minimum thresholds, such
  327  failure shall cause the department to cancel the provider’s
  328  contract unless the provider achieves compliance with minimum
  329  thresholds within 6 months or unless there are documented
  330  extenuating circumstances. In addition, the department may not
  331  contract with the same provider for the canceled service for a
  332  period of 12 months. If a department-operated program fails to
  333  meet the established minimum thresholds, the department must
  334  take necessary and sufficient steps to ensure and document
  335  program changes to achieve compliance with the established
  336  minimum thresholds. If the department-operated program fails to
  337  achieve compliance with the established minimum thresholds
  338  within 6 months and if there are no documented extenuating
  339  circumstances, the department must notify the Executive Office
  340  of the Governor and the Legislature of the corrective action
  341  taken. Appropriate corrective action may include, but is not
  342  limited to:
  343         1. Contracting out for the services provided in the
  344  program;
  345         2. Initiating appropriate disciplinary action against all
  346  employees whose conduct or performance is deemed to have
  347  materially contributed to the program’s failure to meet
  348  established minimum thresholds;
  349         3. Redesigning the program; or
  350         4. Realigning the program.
  351  
  352  The department shall submit an annual report to the President of
  353  the Senate, the Speaker of the House of Representatives, the
  354  Minority Leader of each house of the Legislature, the
  355  appropriate substantive and fiscal committees of each house of
  356  the Legislature, and the Governor, no later than February 1 of
  357  each year. The annual report must contain, at a minimum, for
  358  each specific program component: a comprehensive description of
  359  the population served by the program; a specific description of
  360  the services provided by the program; cost; a comparison of
  361  expenditures to federal and state funding; immediate and long
  362  range concerns; and recommendations to maintain, expand,
  363  improve, modify, or eliminate each program component so that
  364  changes in services lead to enhancement in program quality. The
  365  department shall ensure the reliability and validity of the
  366  information contained in the report.
  367         (7)The department, in collaboration with the Department of
  368  Education and in consultation with the school districts and
  369  private juvenile justice education program providers, shall
  370  prepare an annual report containing the education performance
  371  outcomes, based on the criteria in s. 1003.515(7), of youth in
  372  juvenile justice education programs. The report shall delineate
  373  the performance outcomes of youth in the state, in each school
  374  district’s juvenile justice education program, and for each
  375  private provider’s juvenile justice education program, including
  376  the performance outcomes of all major student populations and
  377  genders, as determined by the Department of Education. The
  378  report shall address the use and successful completion of
  379  virtual instruction courses and the successful implementation of
  380  transition and reintegration plans. The report must include an
  381  analysis of the performance of youth over time, including, but
  382  not limited to, additional education attainment, employment,
  383  earnings, industry certification, and rates of recidivism. The
  384  report must also include recommendations for improving
  385  performance outcomes and for additional cost savings and
  386  efficiencies. The report shall be submitted to the Governor, the
  387  President of the Senate, and the Speaker of the House of
  388  Representatives by February 15, 2014, and each year thereafter.
  389         (8)(6) The department shall collect and analyze available
  390  statistical data for the purpose of ongoing evaluation of all
  391  programs. The department shall provide the Legislature with
  392  necessary information and reports to enable the Legislature to
  393  make informed decisions regarding the effectiveness of, and any
  394  needed changes in, services, programs, policies, and laws.
  395         Section 5. Section 985.721, Florida Statutes, is amended to
  396  read:
  397         985.721 Escapes from secure detention or residential
  398  commitment facility.—An escape from:
  399         (1) Any secure detention facility maintained for the
  400  temporary detention of children, pending adjudication,
  401  disposition, or placement;
  402         (2) Any residential commitment facility described in s.
  403  985.03(46) 985.03(45), maintained for the custody, treatment,
  404  punishment, or rehabilitation of children found to have
  405  committed delinquent acts or violations of law; or
  406         (3) Lawful transportation to or from any such secure
  407  detention facility or residential commitment facility,
  408  
  409  constitutes escape within the intent and meaning of s. 944.40
  410  and is a felony of the third degree, punishable as provided in
  411  s. 775.082, s. 775.083, or s. 775.084.
  412         Section 6. Paragraph (b) of subsection (18) of section
  413  1001.42, Florida Statutes, is amended to read:
  414         1001.42 Powers and duties of district school board.—The
  415  district school board, acting as a board, shall exercise all
  416  powers and perform all duties listed below:
  417         (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.
  418  Maintain a state system of school improvement and education
  419  accountability as provided by statute and State Board of
  420  Education rule. This system of school improvement and education
  421  accountability shall be consistent with, and implemented
  422  through, the district’s continuing system of planning and
  423  budgeting required by this section and ss. 1008.385, 1010.01,
  424  and 1011.01. This system of school improvement and education
  425  accountability shall comply with the provisions of ss. 1008.33,
  426  1008.34, 1008.345, and 1008.385 and include the following:
  427         (b) Public disclosure.—The district school board shall
  428  provide information regarding the performance of students in and
  429  education educational programs as required pursuant to ss.
  430  1008.22 and 1008.385 and implement a system of school reports as
  431  required by statute and State Board of Education rule which
  432  shall include schools operating for the purpose of providing
  433  education educational services to youth in Department of
  434  Juvenile Justice residential and nonresidential programs, and
  435  for those programs schools, report on the data and education
  436  outcomes elements specified in s. 1003.515(7) 1003.52(19).
  437  Annual public disclosure reports shall be in an easy-to-read
  438  report card format and shall include the school’s grade, high
  439  school graduation rate calculated without GED tests,
  440  disaggregated by student ethnicity, and performance data as
  441  specified in state board rule.
  442         Section 7. Subsection (20) of section 1002.20, Florida
  443  Statutes, is amended to read:
  444         1002.20 K-12 student and parent rights.—Parents of public
  445  school students must receive accurate and timely information
  446  regarding their child’s academic progress and must be informed
  447  of ways they can help their child to succeed in school. K-12
  448  students and their parents are afforded numerous statutory
  449  rights including, but not limited to, the following:
  450         (20) JUVENILE JUSTICE PROGRAMS.—Students who are in
  451  juvenile justice programs have the right to receive educational
  452  programs and services in accordance with the provisions of s.
  453  1003.515 1003.52.
  454         Section 8. Paragraph (b) of subsection (1) of section
  455  1002.45, Florida Statutes, is amended to read:
  456         1002.45 Virtual instruction programs.—
  457         (1) PROGRAM.—
  458         (b) Each school district that is eligible for the sparsity
  459  supplement pursuant to s. 1011.62(7) shall provide all enrolled
  460  public school students within its boundaries the option of
  461  participating in part-time and full-time virtual instruction
  462  programs. Each school district that is not eligible for the
  463  sparsity supplement shall provide at least three options for
  464  part-time and full-time virtual instruction. All school
  465  districts must provide parents with timely written notification
  466  of an open enrollment period for full-time students of at least
  467  90 days that ends no later than 30 days before prior to the
  468  first day of the school year. The purpose of the program is to
  469  make quality virtual instruction available to students using
  470  online and distance learning technology in the nontraditional
  471  classroom. A school district virtual instruction program shall
  472  provide the following:
  473         1. Full-time virtual instruction for students enrolled in
  474  kindergarten through grade 12.
  475         2. Part-time virtual instruction for students enrolled in
  476  grades 9 through 12 courses that are measured pursuant to
  477  subparagraph (8)(a)2.
  478         3. Full-time or part-time virtual instruction for students
  479  enrolled in dropout prevention and academic intervention
  480  programs under s. 1003.53, Department of Juvenile Justice
  481  education programs under s. 1003.515 1003.52, core-curricula
  482  courses to meet class size requirements under s. 1003.03, or
  483  Florida College System institutions under this section.
  484         Section 9. Paragraph (a) of subsection (11) of section
  485  1003.01, Florida Statutes, is amended to read:
  486         1003.01 Definitions.—As used in this chapter, the term:
  487         (11)(a) “Juvenile justice education programs or schools”
  488  means programs or schools operating for the purpose of providing
  489  educational services to youth in Department of Juvenile Justice
  490  programs, for a school year comprised of 250 days of instruction
  491  distributed over 12 months. At the request of the provider, a
  492  district school board may decrease the minimum number of days of
  493  instruction by up to 10 days for teacher planning for
  494  residential programs and up to 20 days for teacher planning for
  495  nonresidential programs, subject to the approval of the
  496  Department of Juvenile Justice and the Department of Education.
  497         Section 10. Section 1003.515, Florida Statutes, is created
  498  to read:
  499         1003.515 The Florida Juvenile Justice Education Act.—
  500         (1) SHORT TITLE.—This section may be cited as the “Florida
  501  Juvenile Justice Education Act.”
  502         (2) LEGISLATIVE FINDING.—The Legislature finds that an
  503  education is the single most important factor in the
  504  rehabilitation of adjudicated youth who are in Department of
  505  Juvenile Justice residential and nonresidential programs.
  506         (3) PURPOSES.—The purposes of this section are to:
  507         (a) Provide performance-based outcome measures and
  508  accountability for juvenile justice education programs; and
  509         (b)Improve academic and workforce-related outcomes so that
  510  adjudicated and at-risk youth may successfully complete the
  511  transition to and reenter the academic and workforce
  512  environments.
  513         (4) DEFINITION.—For purposes of this section, the term
  514  “juvenile justice education programs” has the same meaning as in
  515  s. 1003.01(11)(a).
  516         (5) SCHOOL DISTRICT AND CONTRACTED EDUCATION PROVIDER
  517  RESPONSIBILITIES.—
  518         (a) A school district or private provider contracted by a
  519  school district to offer education services to youth in a
  520  juvenile justice education program shall:
  521         1. Provide rigorous and relevant academic and workforce
  522  related curricula that will lead to industry certifications or
  523  occupational completion points in an occupational area
  524  identified in the Industry Certification Funding list adopted by
  525  the State Board of Education, or articulate to secondary or
  526  postsecondary-level coursework, as appropriate.
  527         2.Support state, local, and regional economic development
  528  demands.
  529         3. Make high-wage and high-demand careers more accessible
  530  to adjudicated and at-risk youth.
  531         4. Reduce rates of recidivism for adjudicated youth.
  532         5. Provide access to the appropriate courses and
  533  instruction to prepare youth for a standard high school diploma,
  534  a special diploma, or a high school equivalency diploma, as
  535  appropriate.
  536         6. Provide access to virtual education courses that are
  537  appropriate to meet the requirements of academic or workforce
  538  related programs and the requirements for continuing education
  539  specified in the youth’s transition and postrelease plans.
  540         7. Provide opportunities for earning credits toward high
  541  school graduation or credits that articulate to postsecondary
  542  education institutions while the youth are in residential and
  543  nonresidential juvenile justice facilities.
  544         8. Ensure that the credits and partial credits earned by
  545  the youth are transferred and included in the youth’s records as
  546  part of the transition plan.
  547         9.Ensure that the education program consists of the
  548  appropriate academic, workforce-related, or exceptional
  549  education curricula and related services that directly support
  550  performance outcomes, which must be specified in each youth’s
  551  education transition plan component as required by subsection
  552  (10).
  553         10. If the duration of a youth’s stay in a program is less
  554  than 40 days, ensure that the youth receives employability, life
  555  skills, and academic remediation, as appropriate. In addition,
  556  counseling and transition services must be provided which
  557  mitigate the youth’s identified risk factors and prepare the
  558  youth for a successful reintegration into the school, community,
  559  and home settings.
  560         11. Maintain an academic record for each youth who is
  561  enrolled in a juvenile justice facility, as required by s.
  562  1003.51, and ensure that the coursework, credits, partial
  563  credits, occupational completion points, and industry
  564  certifications earned by the youth are transferred and included
  565  in the youth’s transition plan pursuant to s. 985.46.
  566         (b)Each school district and private provider shall ensure
  567  that the following youth participate in the program:
  568         1.Youth who are of compulsory school attendance age
  569  pursuant to s. 1003.21.
  570         2.Youth who are not of compulsory school attendance age
  571  and who have not received a high school diploma or its
  572  equivalent, if the youth is in a residential or nonresidential
  573  juvenile justice program. Such youth must participate in the
  574  education program and participate in a workforce-related
  575  education program that leads to industry certification or
  576  occupational completion points in an occupational area
  577  identified in the Industry Certification Funding list adopted by
  578  the State Board of Education. This subparagraph does not limit
  579  the rights of students with disabilities, as defined under the
  580  Individuals with Disabilities Education Act, who are not of
  581  compulsory school attendance age and who have not received a
  582  high school diploma to receive a free, appropriate public
  583  education in accordance with their individualized needs.
  584         3.Youth who have attained a high school diploma or its
  585  equivalent and who are not employed. Such youth must participate
  586  in a workforce-related education program that leads to
  587  employment in an occupational area identified in the Industry
  588  Certification Funding list adopted by the State Board of
  589  Education. Such youth may enroll in a state postsecondary
  590  institution to complete the workforce-related education program
  591  and are exempt from the payment of tuition and fees pursuant to
  592  s. 1009.25(1)(g).
  593         (6) PROGRAM REQUIREMENTS.—In compliance with the strategic
  594  5-year plan under s. 1003.491, each juvenile justice residential
  595  and nonresidential education program shall, in collaboration
  596  with the regional workforce board or economic development agency
  597  and local postsecondary institutions, determine the appropriate
  598  occupational areas for the program. Juvenile justice education
  599  programs must:
  600         (a)Ensure that rigorous academic and workforce-related
  601  coursework is offered and meets or exceeds appropriate state
  602  approved subject area standards, and results in the attainment
  603  of industry certification and postsecondary credit, when
  604  appropriate;
  605         (b)Ensure instruction from individuals who hold state
  606  certifications, school district certifications pursuant to ss.
  607  1012.39 and 1012.55(1), or industry credentials in the
  608  occupational areas in which they teach;
  609         (c) Maximize the use of private sector personnel;
  610         (d)Use strategies to maximize the delivery of virtual
  611  instruction;
  612         (e) Maximize instructional efficiency for youth in juvenile
  613  justice facilities;
  614         (f)Provide opportunities for youth to earn weighted or
  615  dual enrollment credit for higher-level courses, when
  616  appropriate;
  617         (g) Promote credit recovery; and
  618         (h)Provide instruction that results in competency,
  619  certification, or credentials in workplace skills, including,
  620  but not limited to, communication skills, interpersonal skills,
  621  decisionmaking skills, work ethic, and the importance of
  622  attendance and timeliness in the work environment.
  623         (7)DEPARTMENT RESPONSIBILITIES.—
  624         (a)The department shall identify each residential and
  625  nonresidential juvenile justice education program, excluding
  626  detention programs, as having one of the following performance
  627  ratings as defined by State Board of Education rule:
  628         1.High performance.
  629         2.Adequate performance.
  630         3.Failing performance.
  631         (b)The department shall consider the level of rigor
  632  associated with the attainment of a particular outcome when
  633  assigning weight to the outcome. The department shall evaluate
  634  the following elements in determining a juvenile justice
  635  education program’s performance rating:
  636         1.One or more of the following outcomes for a youth who is
  637  14 years of age or younger:
  638         a.Achieving academic progress in reading and mathematics,
  639  as measured by the statewide common pre- and post-assessment
  640  adopted by the department for use in juvenile justice education
  641  programs.
  642         b. Participating in continuing education upon release from
  643  a juvenile justice residential or nonresidential program.
  644         c.Completing secondary coursework upon release from a
  645  juvenile justice residential or nonresidential program.
  646         d.Attaining occupational completion points in an
  647  occupational area identified in the Industry Certification
  648  Funding list adopted by the State Board of Education.
  649         e.Attaining an industry certification in an occupational
  650  area identified in the Industry Certification Funding list
  651  adopted by the State Board of Education, if available and
  652  appropriate.
  653         2.One or more of the following outcomes for a youth who is
  654  15 years of age or older:
  655         a. Achieving academic progress in reading and mathematics,
  656  as measured by the statewide common pre- and post-assessment
  657  adopted by the department for use in juvenile justice education
  658  programs.
  659         b. Participating in continuing education upon release from
  660  a juvenile justice residential or nonresidential program.
  661         c. Earning secondary or postsecondary credit upon release
  662  from a juvenile justice residential or nonresidential program.
  663         d.Attaining a high school diploma or its equivalent upon
  664  release from a juvenile justice residential or nonresidential
  665  program.
  666         e. Obtaining employment upon release from a juvenile
  667  justice residential or nonresidential program.
  668         f.Attaining an industry certification in an occupational
  669  area identified in the Industry Certification Funding list
  670  adopted by the State Board of Education.
  671         g. Attaining occupational completion points in an
  672  occupational area identified in the Industry Certification
  673  Funding list adopted by the State Board of Education.
  674         h. Participating in continuing education upon release from
  675  a juvenile justice residential or nonresidential program in
  676  order to complete the industry certification identified in the
  677  Industry Certification Funding list adopted by the State Board
  678  of Education.
  679         (c)By September 1, 2012, the department shall make
  680  available a common student pre- and post-assessment to measure
  681  the academic progress in reading and mathematics of youth who
  682  are assigned to juvenile justice education programs.
  683  
  684  For purposes of performance ratings, juvenile justice
  685  residential and nonresidential education programs, excluding
  686  detention centers, shall be held accountable for the performance
  687  outcomes of youth for no more than 6 months after the release of
  688  youth from the residential or nonresidential program. This
  689  subsection does not abrogate the provisions of s. 1002.22 which
  690  relate to education records or the requirements of 20 U.S.C. s.
  691  1232g, the Family Educational Rights and Privacy Act.
  692         (8)PROGRAM ACCOUNTABILITY.—
  693         (a) The department shall, in collaboration with the
  694  Department of Juvenile Justice:
  695         1.Monitor the education performance of youth in juvenile
  696  justice facilities.
  697         2.Prohibit school districts or private providers that have
  698  failing performance ratings from delivering the education
  699  services.
  700         3.Verify that a school district is operating or
  701  contracting with a private provider to deliver education
  702  services.
  703         (b) If a school district’s juvenile justice residential or
  704  nonresidential education program earns two failing performance
  705  ratings in any 3-year period, as provided in subsection (7), the
  706  school district shall contract with a private provider that has
  707  an adequate or higher performance rating or enter into an
  708  agreement with a school district that has an adequate or higher
  709  performance rating to deliver the education services to the
  710  youth in the program.
  711         (c)Except as provided in paragraph (b), the school
  712  district of the county in which the residential or
  713  nonresidential facility is located shall deliver education
  714  services to youth in Department of Juvenile Justice programs. A
  715  school district may contract with a private provider to deliver
  716  the education services in lieu of directly providing the
  717  education services. The contract shall include performance
  718  criteria as provided in subsection (7).
  719         (d)When determining educational placement for youth who
  720  enroll in a school district upon release, the school district
  721  must adhere to the transition plan established under s.
  722  985.46(6).
  723         (e)If a private provider under contract with a school
  724  district maintains an adequate or high-performance rating
  725  pursuant to subsection (7), the school district may not require
  726  a private provider to use the school district’s personnel.
  727         (f)Academic instructional personnel must be certified by
  728  the Department of Education; however, a nondegreed teacher of
  729  career education may be certified by a local school district
  730  under s. 1012.39 and may be designated as teaching out-of-field.
  731  An instructor who is deemed to be an expert in a specific field
  732  may be employed under s. 1012.55(1).
  733         (g)Each school district must provide juvenile justice
  734  education programs access to substitute classroom teachers used
  735  by the school district.
  736         (9) EXITING PROGRAM.—Upon exiting a program, a youth must:
  737         (a) Attain an industry certification or occupational
  738  completion points in an occupational area identified in the
  739  Industry Certification Funding list adopted by the State Board
  740  of Education;
  741         (b) Enroll in a program to complete the industry
  742  certification;
  743         (c) Be gainfully employed and earning full-time wages; or
  744         (d)Enroll in and continue his or her education based on
  745  the transition and postrelease plan provided in s. 958.46.
  746         (10)EDUCATION TRANSITION PLAN COMPONENT.—
  747         (a) The education transition plan component shall be
  748  incorporated in the transition plan pursuant to s. 985.46(6).
  749         (b) Each juvenile justice education program must develop an
  750  education transition plan component during the course of a
  751  youth’s stay in a juvenile justice residential or nonresidential
  752  program which coordinates academic and workforce services and
  753  assists the youth in successful community reintegration upon the
  754  youth’s release.
  755         (c)The development of the education transition plan
  756  component shall begin upon a youth’s placement in the program.
  757  The education transition plan component must include the
  758  academic and workforce services to be provided during the
  759  program stay and the establishment of services to be implemented
  760  upon release. The appropriate personnel in the juvenile justice
  761  residential and nonresidential program, the members of the
  762  community, the youth, and the youth’s family, when appropriate,
  763  shall collaborate to develop the education transition plan
  764  component.
  765         (d)Education planning for reintegration shall begin when
  766  placement decisions are made and continue throughout the youth’s
  767  stay in order to provide for continuing education, job
  768  placement, and other necessary services. Individuals who are
  769  responsible for reintegration shall coordinate activities to
  770  ensure that the education transition plan component is
  771  successfully implemented and a youth is provided access to
  772  support services that will sustain the youth’s success once he
  773  or she is no longer under the supervision of the Department of
  774  Juvenile Justice. The education transition plan component must
  775  provide for continuing education, workforce development, or
  776  meaningful job placement pursuant to the performance outcomes in
  777  subsection (7). For purposes of this section, the term
  778  “reintegration” means the process by which a youth returns to
  779  the community following release from a juvenile justice program.
  780         (11)FACILITIES.—The district school board may not be
  781  charged any rent, maintenance, utilities, or overhead on the
  782  facilities. Maintenance, repairs, and remodeling of existing
  783  facilities shall be provided by the Department of Juvenile
  784  Justice.
  785         (12)RULEMAKING.—The State Board of Education shall
  786  collaborate with the Department of Juvenile Justice, the
  787  Department of Economic Opportunity, school districts, and
  788  private providers to adopt rules pursuant to ss. 120.536(1) and
  789  120.54 to administer this section which must include provisions
  790  for uniform contracts and contract requirements between school
  791  districts and private providers.
  792         Section 11. Section 1003.52, Florida Statutes, is amended
  793  to read:
  794         1003.52 Educational services in Department of Juvenile
  795  Justice programs.—
  796         (1) The Legislature finds that education is the single most
  797  important factor in the rehabilitation of adjudicated delinquent
  798  youth in the custody of Department of Juvenile Justice programs.
  799  It is the goal of the Legislature that youth in the juvenile
  800  justice system continue to be allowed the opportunity to obtain
  801  a high quality education. The Department of Education shall
  802  serve as the lead agency for juvenile justice education
  803  programs, curriculum, support services, and resources. To this
  804  end, the Department of Education and the Department of Juvenile
  805  Justice shall each designate a Coordinator for Juvenile Justice
  806  Education Programs to serve as the point of contact for
  807  resolving issues not addressed by district school boards and to
  808  provide each department’s participation in the following
  809  activities:
  810         (a) Training, collaborating, and coordinating with the
  811  Department of Juvenile Justice, district school boards,
  812  educational contract providers, and juvenile justice providers,
  813  whether state operated or contracted.
  814         (b) Collecting information on the academic performance of
  815  students in juvenile justice programs and reporting on the
  816  results.
  817         (c) Developing academic and career protocols that provide
  818  guidance to district school boards and providers in all aspects
  819  of education programming, including records transfer and
  820  transition.
  821         (d) Prescribing the roles of program personnel and
  822  interdepartmental district school board or provider
  823  collaboration strategies.
  824  
  825  Annually, a cooperative agreement and plan for juvenile justice
  826  education service enhancement shall be developed between the
  827  Department of Juvenile Justice and the Department of Education
  828  and submitted to the Secretary of Juvenile Justice and the
  829  Commissioner of Education by June 30.
  830         (2) Students participating in Department of Juvenile
  831  Justice programs pursuant to chapter 985 which are sponsored by
  832  a community-based agency or are operated or contracted for by
  833  the Department of Juvenile Justice shall receive educational
  834  programs according to rules of the State Board of Education.
  835  These students shall be eligible for services afforded to
  836  students enrolled in programs pursuant to s. 1003.53 and all
  837  corresponding State Board of Education rules.
  838         (3) The district school board of the county in which the
  839  residential or nonresidential care facility or juvenile
  840  assessment facility is located shall provide appropriate
  841  educational assessments and an appropriate program of
  842  instruction and special education services.
  843         (a) The district school board shall make provisions for
  844  each student to participate in basic, career education, and
  845  exceptional student programs as appropriate. Students served in
  846  Department of Juvenile Justice programs shall have access to the
  847  appropriate courses and instruction to prepare them for the GED
  848  test. Students participating in GED preparation programs shall
  849  be funded at the basic program cost factor for Department of
  850  Juvenile Justice programs in the Florida Education Finance
  851  Program. Each program shall be conducted according to applicable
  852  law providing for the operation of public schools and rules of
  853  the State Board of Education. School districts shall provide the
  854  GED exit option for all juvenile justice programs.
  855         (b) By October 1, 2004, the Department of Education, with
  856  the assistance of the school districts, shall select a common
  857  student assessment instrument and protocol for measuring student
  858  learning gains and student progression while a student is in a
  859  juvenile justice education program. The assessment instrument
  860  and protocol must be implemented in all juvenile justice
  861  education programs in this state by January 1, 2005.
  862         (4) Educational services shall be provided at times of the
  863  day most appropriate for the juvenile justice program. School
  864  programming in juvenile justice detention, commitment, and
  865  rehabilitation programs shall be made available by the local
  866  school district during the juvenile justice school year, as
  867  defined in s. 1003.01(11). In addition, students in juvenile
  868  justice education programs shall have access to Florida Virtual
  869  School courses. The Department of Education and the school
  870  districts shall adopt policies necessary to ensure such access.
  871         (5) The educational program shall consist of appropriate
  872  basic academic, career, or exceptional curricula and related
  873  services which support the treatment goals and reentry and which
  874  may lead to completion of the requirements for receipt of a high
  875  school diploma or its equivalent. If the duration of a program
  876  is less than 40 days, the educational component may be limited
  877  to tutorial activities and career employability skills.
  878         (6) Participation in the program by students of compulsory
  879  school-attendance age as provided for in s. 1003.21 shall be
  880  mandatory. All students of noncompulsory school-attendance age
  881  who have not received a high school diploma or its equivalent
  882  shall participate in the educational program, unless the student
  883  files a formal declaration of his or her intent to terminate
  884  school enrollment as described in s. 1003.21 and is afforded the
  885  opportunity to take the general educational development test and
  886  attain a Florida high school diploma prior to release from a
  887  facility. A youth who has received a high school diploma or its
  888  equivalent and is not employed shall participate in workforce
  889  development or other career or technical education or Florida
  890  College System institution or university courses while in the
  891  program, subject to available funding.
  892         (7) A progress monitoring plan shall be developed for
  893  students who score below the level specified in district school
  894  board policy in reading, writing, and mathematics or below the
  895  level specified by the Commissioner of Education on statewide
  896  assessments as required by s. 1008.25. These plans shall address
  897  academic, literacy, and life skills and shall include provisions
  898  for intensive remedial instruction in the areas of weakness.
  899         (8) Each district school board shall maintain an academic
  900  record for each student enrolled in a juvenile justice facility
  901  as prescribed by s. 1003.51. Such record shall delineate each
  902  course completed by the student according to procedures in the
  903  State Course Code Directory. The district school board shall
  904  include a copy of a student’s academic record in the discharge
  905  packet when the student exits the facility.
  906         (9) The Department of Education shall ensure that all
  907  district school boards make provisions for high school level
  908  youth to earn credits toward high school graduation while in
  909  residential and nonresidential juvenile justice facilities.
  910  Provisions must be made for the transfer of credits and partial
  911  credits earned.
  912         (10) The district school board shall recruit and train
  913  teachers who are interested, qualified, or experienced in
  914  educating students in juvenile justice programs. Students in
  915  juvenile justice programs shall be provided a wide range of
  916  educational programs and opportunities including textbooks,
  917  technology, instructional support, and other resources available
  918  to students in public schools. Teachers assigned to educational
  919  programs in juvenile justice settings in which the district
  920  school board operates the educational program shall be selected
  921  by the district school board in consultation with the director
  922  of the juvenile justice facility. Educational programs in
  923  juvenile justice facilities shall have access to the substitute
  924  teacher pool utilized by the district school board.
  925         (11) District school boards may contract with a private
  926  provider for the provision of educational programs to youths
  927  placed with the Department of Juvenile Justice and shall
  928  generate local, state, and federal funding, including funding
  929  through the Florida Education Finance Program for such students.
  930  The district school board’s planning and budgeting process shall
  931  include the needs of Department of Juvenile Justice programs in
  932  the district school board’s plan for expenditures for state
  933  categorical and federal funds.
  934         (12) The district school board shall fund the educational
  935  program in a Department of Juvenile Justice facility at the same
  936  or higher level of funding for equivalent students in the
  937  district school system based on the funds generated by state
  938  funding through the Florida Education Finance Program for such
  939  students. It is the intent of the Legislature that the school
  940  district maximize its available local, state, and federal
  941  funding to a juvenile justice program.
  942         (1)(a) Juvenile justice educational programs shall be
  943  funded in the appropriate FEFP program based on the educational
  944  services needed by the student for Department of Juvenile
  945  Justice programs in accordance with s. 1011.62.
  946         (2)(b) Juvenile justice educational programs to receive the
  947  appropriate FEFP funding for Department of Juvenile Justice
  948  programs shall include those that are operated through a
  949  contract with the Department of Juvenile Justice and which are
  950  under purview of the Department of Juvenile Justice quality
  951  assurance standards for education.
  952         (3)(c) Consistent with the rules of the State Board of
  953  Education, district school boards are required to request an
  954  alternative FTE survey for Department of Juvenile Justice
  955  programs experiencing fluctuations in student enrollment.
  956         (4)(d) FTE count periods shall be prescribed in rules of
  957  the State Board of Education and shall be the same for programs
  958  of the Department of Juvenile Justice as for other public school
  959  programs. The summer school period for students in Department of
  960  Juvenile Justice programs shall begin on the day immediately
  961  following the end of the regular school year and end on the day
  962  immediately preceding the subsequent regular school year.
  963  Students shall be funded for no more than 25 hours per week of
  964  direct instruction.
  965         (5)(e) Each juvenile justice education program must receive
  966  all federal funds for which the program is eligible.
  967         (13) Each district school board shall negotiate a
  968  cooperative agreement with the Department of Juvenile Justice on
  969  the delivery of educational services to youths under the
  970  jurisdiction of the Department of Juvenile Justice. Such
  971  agreement must include, but is not limited to:
  972         (a) Roles and responsibilities of each agency, including
  973  the roles and responsibilities of contract providers.
  974         (b) Administrative issues including procedures for sharing
  975  information.
  976         (c) Allocation of resources including maximization of
  977  local, state, and federal funding.
  978         (d) Procedures for educational evaluation for educational
  979  exceptionalities and special needs.
  980         (e) Curriculum and delivery of instruction.
  981         (f) Classroom management procedures and attendance
  982  policies.
  983         (g) Procedures for provision of qualified instructional
  984  personnel, whether supplied by the district school board or
  985  provided under contract by the provider, and for performance of
  986  duties while in a juvenile justice setting.
  987         (h) Provisions for improving skills in teaching and working
  988  with juvenile delinquents.
  989         (i) Transition plans for students moving into and out of
  990  juvenile facilities.
  991         (j) Procedures and timelines for the timely documentation
  992  of credits earned and transfer of student records.
  993         (k) Methods and procedures for dispute resolution.
  994         (l) Provisions for ensuring the safety of education
  995  personnel and support for the agreed-upon education program.
  996         (m) Strategies for correcting any deficiencies found
  997  through the quality assurance process.
  998         (14) Nothing in this section or in a cooperative agreement
  999  shall be construed to require the district school board to
 1000  provide more services than can be supported by the funds
 1001  generated by students in the juvenile justice programs.
 1002         (15)(a) The Department of Education in consultation with
 1003  the Department of Juvenile Justice, district school boards, and
 1004  providers shall establish objective and measurable quality
 1005  assurance standards for the educational component of residential
 1006  and nonresidential juvenile justice facilities. These standards
 1007  shall rate the district school board’s performance both as a
 1008  provider and contractor. The quality assurance rating for the
 1009  educational component shall be disaggregated from the overall
 1010  quality assurance score and reported separately.
 1011         (b) The Department of Education shall develop a
 1012  comprehensive quality assurance review process and schedule for
 1013  the evaluation of the educational component in juvenile justice
 1014  programs. The Department of Juvenile Justice quality assurance
 1015  site visit and the education quality assurance site visit shall
 1016  be conducted during the same visit.
 1017         (c) The Department of Education, in consultation with
 1018  district school boards and providers, shall establish minimum
 1019  thresholds for the standards and key indicators for educational
 1020  programs in juvenile justice facilities. If a district school
 1021  board fails to meet the established minimum standards, it will
 1022  be given 6 months to achieve compliance with the standards. If
 1023  after 6 months, the district school board’s performance is still
 1024  below minimum standards, the Department of Education shall
 1025  exercise sanctions as prescribed by rules adopted by the State
 1026  Board of Education. If a provider, under contract with the
 1027  district school board, fails to meet minimum standards, such
 1028  failure shall cause the district school board to cancel the
 1029  provider’s contract unless the provider achieves compliance
 1030  within 6 months or unless there are documented extenuating
 1031  circumstances.
 1032         (d) The requirements in paragraphs (a), (b), and (c) shall
 1033  be implemented to the extent that funds are available.
 1034         (16) The district school board shall not be charged any
 1035  rent, maintenance, utilities, or overhead on such facilities.
 1036  Maintenance, repairs, and remodeling of existing facilities
 1037  shall be provided by the Department of Juvenile Justice.
 1038         (17) When additional facilities are required, the district
 1039  school board and the Department of Juvenile Justice shall agree
 1040  on the appropriate site based on the instructional needs of the
 1041  students. When the most appropriate site for instruction is on
 1042  district school board property, a special capital outlay request
 1043  shall be made by the commissioner in accordance with s. 1013.60.
 1044  When the most appropriate site is on state property, state
 1045  capital outlay funds shall be requested by the Department of
 1046  Juvenile Justice provided by s. 216.043 and shall be submitted
 1047  as specified by s. 216.023. Any instructional facility to be
 1048  built on state property shall have educational specifications
 1049  jointly developed by the district school board and the
 1050  Department of Juvenile Justice and approved by the Department of
 1051  Education. The size of space and occupant design capacity
 1052  criteria as provided by State Board of Education rules shall be
 1053  used for remodeling or new construction whether facilities are
 1054  provided on state property or district school board property.
 1055         (18) The parent of an exceptional student shall have the
 1056  due process rights provided for in this chapter.
 1057         (19) The Department of Education and the Department of
 1058  Juvenile Justice, after consultation with and assistance from
 1059  local providers and district school boards, shall report
 1060  annually to the Legislature by February 1 on the progress toward
 1061  developing effective educational programs for juvenile
 1062  delinquents, including the amount of funding provided by
 1063  district school boards to juvenile justice programs, the amount
 1064  retained for administration including documenting the purposes
 1065  for such expenses, the status of the development of cooperative
 1066  agreements, the results of the quality assurance reviews
 1067  including recommendations for system improvement, and
 1068  information on the identification of, and services provided to,
 1069  exceptional students in juvenile justice commitment facilities
 1070  to determine whether these students are properly reported for
 1071  funding and are appropriately served.
 1072         (20) The educational programs at the Arthur Dozier School
 1073  for Boys in Jackson County and the Florida School for Boys in
 1074  Okeechobee shall be operated by the Department of Education,
 1075  either directly or through grants or contractual agreements with
 1076  other public or duly accredited education agencies approved by
 1077  the Department of Education.
 1078         (21) The State Board of Education may adopt any rules
 1079  necessary to implement the provisions of this section, including
 1080  uniform curriculum, funding, and second chance schools. Such
 1081  rules must require the minimum amount of paperwork and
 1082  reporting.
 1083         (22) The Department of Juvenile Justice and the Department
 1084  of Education, in consultation with Workforce Florida, Inc., the
 1085  statewide Workforce Development Youth Council, district school
 1086  boards, Florida College System institutions, providers, and
 1087  others, shall jointly develop a multiagency plan for career
 1088  education which describes the funding, curriculum, transfer of
 1089  credits, goals, and outcome measures for career education
 1090  programming in juvenile commitment facilities, pursuant to s.
 1091  985.622. The plan must be reviewed annually.
 1092         Section 12. Present paragraph (g) of subsection (1) of
 1093  section 1009.25, Florida Statutes, is redesignated as paragraph
 1094  (h), and a new paragraph (g) is added to that subsection, to
 1095  read:
 1096         1009.25 Fee exemptions.—
 1097         (1) The following students are exempt from the payment of
 1098  tuition and fees, including lab fees, at a school district that
 1099  provides postsecondary career programs, Florida College System
 1100  institution, or state university:
 1101         (g) For purposes of completing coursework initiated while
 1102  in the temporary custody of the state, youth who are eligible
 1103  under s. 1003.515(5)(b)3. and who are ordered by a court to
 1104  participate in a juvenile justice residential program.
 1105         Section 13. Paragraph (a) of subsection (3) of section
 1106  1010.20, Florida Statutes, is amended to read:
 1107         1010.20 Cost accounting and reporting for school
 1108  districts.—
 1109         (3) PROGRAM EXPENDITURE REQUIREMENTS.—
 1110         (a) Each district shall expend at least the percent of the
 1111  funds generated by each of the programs listed in this section
 1112  on the aggregate total school costs for such programs:
 1113         1. Kindergarten and grades 1, 2, and 3, 90 percent.
 1114         2. Grades 4, 5, 6, 7, and 8, 80 percent.
 1115         3. Grades 9, 10, 11, and 12, 80 percent.
 1116         4. Programs for exceptional students, on an aggregate
 1117  program basis, 90 percent.
 1118         5. Grades 7 through 12 career education programs, on an
 1119  aggregate program basis, 80 percent.
 1120         6. Students-at-risk programs, on an aggregate program
 1121  basis, 80 percent.
 1122         7. Juvenile justice programs, on an aggregate program
 1123  basis, 95 90 percent.
 1124         8. Any new program established and funded under s.
 1125  1011.62(1)(c), that is not included under subparagraphs 1.-7.,
 1126  on an aggregate basis as appropriate, 80 percent.
 1127         Section 14. Paragraph (f) of subsection (1) of section
 1128  1011.62, Florida Statutes, is amended to read:
 1129         1011.62 Funds for operation of schools.—If the annual
 1130  allocation from the Florida Education Finance Program to each
 1131  district for operation of schools is not determined in the
 1132  annual appropriations act or the substantive bill implementing
 1133  the annual appropriations act, it shall be determined as
 1134  follows:
 1135         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
 1136  OPERATION.—The following procedure shall be followed in
 1137  determining the annual allocation to each district for
 1138  operation:
 1139         (f) Supplemental academic instruction; categorical fund.—
 1140         1. There is created a categorical fund to provide
 1141  supplemental academic instruction to students in kindergarten
 1142  through grade 12. This paragraph may be cited as the
 1143  “Supplemental Academic Instruction Categorical Fund.”
 1144         2. Categorical funds for supplemental academic instruction
 1145  shall be allocated annually to each school district in the
 1146  amount provided in the General Appropriations Act. These funds
 1147  shall be in addition to the funds appropriated on the basis of
 1148  FTE student membership in the Florida Education Finance Program
 1149  and shall be included in the total potential funds of each
 1150  district. These funds shall be used to provide supplemental
 1151  academic instruction to students enrolled in the K-12 program.
 1152  Supplemental instruction strategies may include, but are not
 1153  limited to: modified curriculum, reading instruction, after
 1154  school instruction, tutoring, mentoring, class size reduction,
 1155  extended school year, intensive skills development in summer
 1156  school, and other methods for improving student achievement.
 1157  Supplemental instruction may be provided to a student in any
 1158  manner and at any time during or beyond the regular 180-day term
 1159  identified by the school as being the most effective and
 1160  efficient way to best help that student progress from grade to
 1161  grade and to graduate.
 1162         3. Effective with the 2012-2013 1999-2000 fiscal year,
 1163  funding on the basis of FTE membership beyond the 180-day
 1164  regular term shall be provided in the FEFP only for students
 1165  enrolled in juvenile justice education programs or in education
 1166  programs for juveniles placed in secure facilities or programs
 1167  under s. 985.19. Funding for instruction beyond the regular 180
 1168  day school year for all other K-12 students shall be provided
 1169  through the supplemental academic instruction categorical fund
 1170  and other state, federal, and local fund sources with ample
 1171  flexibility for schools to provide supplemental instruction to
 1172  assist students in progressing from grade to grade and
 1173  graduating.
 1174         4. The Florida State University School, as a lab school, is
 1175  authorized to expend from its FEFP or Lottery Enhancement Trust
 1176  Fund allocation the cost to the student of remediation in
 1177  reading, writing, or mathematics for any graduate who requires
 1178  remediation at a postsecondary educational institution.
 1179         5. Beginning in the 1999-2000 school year, Dropout
 1180  prevention programs as defined in ss. 1003.515 1003.52,
 1181  1003.53(1)(a), (b), and (c), and 1003.54 shall be included in
 1182  group 1 programs under subparagraph (d)3.
 1183         Section 15. This act shall take effect upon becoming a law.

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