Bill Text: FL S0834 | 2012 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
Florida Senate - 2012 SB 834 By the Committee on Education Pre-K - 12 581-00848A-12 2012834__ 1 A bill to be entitled 2 An act relating to juvenile justice education and 3 workforce programs; amending s. 985.618, F.S.; 4 providing legislative intent regarding juvenile 5 justice education and workforce-related programs; 6 requiring that the Department of Juvenile Justice 7 ensure that each juvenile justice education program 8 meets specified minimum standards; requiring that the 9 programs be evaluated based on student performance 10 outcomes; requiring that the effectiveness of the 11 programs be determined by implementing systematic data 12 collection, data analysis, and evaluations; amending 13 ss. 985.632 and 1001.42, F.S; conforming provisions to 14 changes made by the act; conforming cross-references; 15 creating s. 1003.515, F.S.; providing a short title; 16 providing the purposes of the Florida Juvenile Justice 17 Education Act; requiring that each juvenile justice 18 education program involve the regional workforce board 19 or economic development agency and local postsecondary 20 institutions to determine the occupational areas for 21 the education and workforce-related program; providing 22 requirements for education and workforce-related 23 services in juvenile justice programs; requiring that 24 a youth who exits the program attain an industry 25 certification, enroll in a program to complete the 26 industry certification, or enroll in and continue his 27 or her education based on a transition plan; requiring 28 that certain youth be provided opportunities for 29 career exploration and enrollment in continuing 30 education upon release from a program; requiring that 31 a program meet certain passage rates on industry 32 certification examinations; providing that if a 33 program fails to meet the minimum passage rates, the 34 program must discontinue enrollment and redirect 35 students into a different industry certification area 36 of high demand; amending s. 1003.52, F.S.; providing a 37 legislative finding; providing for performance ratings 38 of school districts and private providers; providing 39 certain criteria to be used in determining the 40 performance rating of a school district or private 41 provider; requiring that the Department of Juvenile 42 Justice hold the school districts and private 43 providers accountable for performance outcomes until 44 the youth are released from the department’s 45 supervision; providing requirements and 46 responsibilities for school districts and private 47 providers participating in juvenile justice education 48 programs; requiring that each school district and 49 private provider develop a transition plan during the 50 course of the youth’s stay in a juvenile justice 51 program; providing requirements for the transition and 52 reintegration plan process; providing responsibilities 53 for the Department of Juvenile Justice and the 54 Department of Education; requiring that the Department 55 of Education make available a common student 56 assessment to measure youth learning gains in reading 57 and mathematics; providing funding requirements for 58 the juvenile justice education programs; prohibiting a 59 district school board from being charged rent, 60 maintenance, utilities, or overhead on facilities; 61 requiring that the Department of Juvenile Justice 62 provide maintenance, repairs, and remodeling of 63 existing facilities; requiring that the Department of 64 Juvenile Justice, in collaboration with the Department 65 of Education and in consultation with participating 66 school districts and private providers, prepare an 67 annual report containing certain data; requiring that 68 the report identify school districts and private 69 providers by performance ratings; requiring that the 70 report be submitted to the Governor and the 71 Legislature by a specified date each year; requiring 72 that the Department of Juvenile Justice collaborate 73 with the Department of Education, the Department of 74 Economic Opportunity, school districts, and private 75 providers to adopt rules; providing an effective date. 76 77 Be It Enacted by the Legislature of the State of Florida: 78 79 Section 1. Section 985.618, Florida Statutes, is amended to 80 read: 81 (Substantial rewording of section. See 82 s. 985.618, F.S., for present text.) 83 985.618 Education and workforce-related programs.— 84 (1) The Legislature intends for youth in juvenile justice 85 programs to be provided with a quality education that includes 86 workforce-related skills that lead to continuing education or 87 meaningful employment, or both, and that result in reduced rates 88 of recidivism. 89 (2) The Department of Juvenile Justice shall ensure that 90 each juvenile justice education program, at a minimum: 91 (a) Uses virtual course offerings that maximize learning 92 opportunities for adjudicated youth. 93 (b) Provides instruction from individuals who hold industry 94 credentials in the occupational area in which they teach. 95 (c) Provides instructors who are available to teach 96 evenings and weekends. 97 (d) Considers, before placement, the age, interests, prior 98 education, training, work experience, emotional and mental 99 abilities, and physical capabilities of the youth and the 100 duration of the term of placement imposed. 101 (e) Expends funds in a manner that directly supports the 102 attainment of successful student outcomes as specified in s. 103 1003.52(3) and that allows youth to engage in real work 104 situations whenever possible. 105 (3)(a) The evaluation of juvenile justice education and 106 workforce-related programs shall be based on the performance 107 outcomes provided in s. 1003.52(3). 108 (b) Program effectiveness shall be determined by 109 implementing systematic data collection, data analysis, and 110 education and workforce-related program evaluations pursuant to 111 ss. 985.632 and 1003.52. 112 Section 2. Subsection (3) of section 985.632, Florida 113 Statutes, is amended to read: 114 985.632 Quality assurance and cost-effectiveness.— 115 (3) The department shall annually collect and report cost 116 data for every program operated or contracted by the department. 117 The cost data shall conform to a format approved by the 118 department and the Legislature. Uniform cost data shall be 119 reported and collected for state-operated and contracted 120 programs so that comparisons can be made among programs. The 121 department shall ensure that there is accurate cost accounting 122 for state-operated services including market-equivalent rent and 123 other shared cost. The cost of the educationeducationalprogram 124 provided to a residential facility shall be reported and 125 included in the cost of a program. The department shall submit 126 an annual cost report to the President of the Senate, the 127 Speaker of the House of Representatives, the Minority Leader of 128 each house of the Legislature, the appropriate substantive and 129 fiscal committees of each house of the Legislature, and the 130 Governor, no later than December 1 of each year. Cost-benefit 131 analysis for educationeducationalprograms shallwillbe 132 developed and implemented in collaboration with and in 133 cooperation with the Department of Education, local providers, 134 and local school districts. Cost data for the report shall 135 include the data and education program analyses provided 136collectedby the Department of Juvenile Justice, in 137 collaboration with the Department of Education, for the purposes 138 of preparing the annual report required inbys. 1003.52(10) 1391003.52(19). 140 Section 3. Paragraph (b) of subsection (18) of section 141 1001.42, Florida Statutes, is amended to read: 142 1001.42 Powers and duties of district school board.—The 143 district school board, acting as a board, shall exercise all 144 powers and perform all duties listed below: 145 (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY. 146 Maintain a state system of school improvement and education 147 accountability as provided by statute and State Board of 148 Education rule. This system of school improvement and education 149 accountability shall be consistent with, and implemented 150 through, the district’s continuing system of planning and 151 budgeting required by this section and ss. 1008.385, 1010.01, 152 and 1011.01. This system of school improvement and education 153 accountability shall comply with the provisions of ss. 1008.33, 154 1008.34, 1008.345, and 1008.385 and include the following: 155 (b) Public disclosure.—The district school board shall 156 provide information regarding the performance of students and 157 educationeducationalprograms as required pursuant to ss. 158 1008.22 and 1008.385 and implement a system of school reports as 159 required by statute and State Board of Education rule which 160 shall include schools operating for the purpose of providing 161 educationeducationalservices to youth in Department of 162 Juvenile Justice programs, and for those schools, report on the 163 data and education program analyseselementsspecified in s. 164 1003.52(10)1003.52(19). Annual public disclosure reports shall 165 be in an easy-to-read report card format and shall include the 166 school’s grade, high school graduation rate calculated without 167 GED tests, disaggregated by student ethnicity, and performance 168 data as specified in state board rule. 169 Section 4. Section 1003.515, Florida Statutes, is created 170 to read: 171 1003.515 The Florida Juvenile Justice Education Act.— 172 (1) This section may be cited as the “Florida Juvenile 173 Justice Education Act.” 174 (2) The purposes of this section are to: 175 (a) Provide performance-based outcome measures and 176 accountability for juvenile justice education programs; 177 (b) Improve academic and workforce-related outcomes so that 178 adjudicated and at-risk youth may successfully complete the 179 transition to and reenter the academic and workforce 180 environments; 181 (c) Provide rigorous and relevant workforce-related 182 curricula that will lead to industry certifications in high 183 demand occupations or articulation to secondary or 184 postsecondary-level coursework, as appropriate; 185 (d) Directly support and respond to state, local, and 186 regional economic development demands; 187 (e) Make high-wage and high-demand careers more accessible 188 to adjudicated and at-risk youth; and 189 (f) Reduce rates of recidivism for adjudicated youth. 190 (3) In compliance with the strategic 5-year plan under s. 191 1003.491, each juvenile justice education program shall, in 192 collaboration with the regional workforce board or economic 193 development agency and local postsecondary institutions, 194 determine the occupational areas for the program. Juvenile 195 justice education program services must: 196 (a) Maximize the use of private sector personnel; 197 (b) Ensure instruction by industry-certified faculty; 198 (c) Ensure that academically rigorous workforce-related 199 coursework is offered and meets or exceeds appropriate state 200 approved subject area standards, results in the attainment of 201 industry certification, and when appropriate, results in 202 postsecondary credit; 203 (d) Use strategies to maximize the delivery of virtual 204 instruction; 205 (e) Maximize instructional efficiency for youth in juvenile 206 justice facilities; 207 (f) Provide opportunities for youth to earn weighted or 208 dual enrollment credit for higher-level courses; 209 (g) Promote credit recovery; and 210 (h) Provide instruction that results in competency, 211 certification, or credentials in workplace skills, including, 212 but not limited to, communication skills, interpersonal skills, 213 decisionmaking skills, work ethic, and the importance of 214 attendance and timeliness in the work environment. 215 (4) Upon exiting a program, a youth must: 216 (a) Attain an industry certification, enroll in a program 217 to complete the industry certification, or enroll in and 218 continue his or her education based on the transition and 219 postrelease plan provided in s. 958.12; or 220 (b) Be provided opportunities for career exploration and 221 enrollment in continuing education if the youth is of middle 222 school age. 223 (5) If the passage rate on an industry certification 224 examination that is associated with a juvenile justice education 225 program falls below 50 percent for participating students, the 226 program shall be given 1 calendar year to meet a 50 percent 227 passage rate. If, after 1 year, the program fails to meet the 228 minimum passage rate, it must discontinue enrollment and 229 redirect students into a different industry certification area 230 in high demand. 231 Section 5. Section 1003.52, Florida Statutes, is amended to 232 read: 233 (Substantial rewording of section. See 234 s. 1003.52, F.S., for present text.) 235 1003.52 Education services in Department of Juvenile 236 Justice programs.— 237 (1) LEGISLATIVE FINDING.—The Legislature finds that an 238 education is the single most important factor in the 239 rehabilitation of adjudicated youth who are in Department of 240 Juvenile Justice programs. 241 (2) PERFORMANCE RATINGS.—The annual report required in 242 subsection (10) shall identify school districts and private 243 providers as having one of the following performance ratings as 244 defined by rule of the Department of Juvenile Justice: 245 (a) High performance. 246 (b) Adequate performance. 247 (c) Failing performance. 248 (3) DESIGNATION OF PERFORMANCE RATINGS.—The following 249 criteria shall be used in determining a school district’s or 250 private provider’s performance rating: 251 (a) One or more of the following outcomes for a youth who 252 is middle school age or younger: 253 1. Attaining an industry certification in an occupational 254 area of high demand identified in the Industry Certification 255 Funding list adopted by the State Board of Education, if 256 available and appropriate, and participating in continuing 257 education. 258 2. Earning secondary or postsecondary credit upon release 259 from a juvenile justice facility and participating in continuing 260 education. 261 3. Completing the comprehensive career awareness and 262 exploration course described in s. 1003.4156(1)(a)5. and 263 participating in continuing education. 264 4. Achieving learning gains in reading and mathematics 265 while the youth is in a juvenile justice education program if a 266 valid assessment instrument is used, as determined by the 267 Department of Education, and participating in continuing 268 education. 269 (b) One or more of the following outcomes for a youth who 270 is high school age: 271 1. Earning secondary or postsecondary credit upon release 272 from a juvenile justice facility and participating in continuing 273 education. 274 2. Attaining a high school diploma or its equivalent and 275 earning postsecondary credit. 276 3. Attaining an industry certification in an occupational 277 area of high demand indentified in the Industry Certification 278 Funding list adopted by the State Board of Education. 279 4. Obtaining job placement or self-employment in a position 280 for which the student earns meaningful wages. 281 5. Obtaining job placement or self-employment in a position 282 for which the student attained an industry certification as 283 provided in subparagraph 3. 284 6. Achieving a level of performance in an acceleration 285 mechanism which would earn the youth postsecondary credit. 286 287 This subsection does not abrogate the provisions of s. 1002.22 288 which relate to education records or the requirements of 20 289 U.S.C. s. 1232g, the Family Educational Rights and Privacy Act. 290 When determining performance ratings, the Department of Juvenile 291 Justice shall hold the school districts and private providers 292 accountable for the performance outcomes of youth until they are 293 released from supervision by the Department of Juvenile Justice. 294 (4) PROGRAM PARTICIPATION.— 295 (a) If a school district or private provider earns two 296 consecutive failing performance ratings or two failing 297 performance ratings in any 3-year period, as provided in 298 subsection (2), the Department of Juvenile Justice shall enter 299 into a contract with a school district or private provider that 300 has a high performance rating to deliver the education services 301 to the youth in the program. The Department of Juvenile Justice 302 may use its statutory authority to sanction or prohibit a 303 private provider from delivering education services to youth 304 under the department’s supervision due to noneducation reasons. 305 (b) Except as provided in paragraph (a), the school 306 district of the county in which the residential or 307 nonresidential care facility or juvenile assessment facility is 308 located shall deliver education services to youth in Department 309 of Juvenile Justice programs. A school district may enter into a 310 contract with a private provider to deliver the education 311 services in lieu of directly providing the education services. 312 The contract shall include the performance criteria provided in 313 subsection (3). 314 (c) A school district may not place a youth who enrolls in 315 the school district upon release from a juvenile justice 316 facility in an alternative school under s. 1003.53, unless 317 approved by the program director of the juvenile justice program 318 to which the youth was last assigned. 319 (d) A school district may not require a private provider to 320 use the school district’s personnel or require qualifications of 321 private provider personnel beyond that which is necessary to 322 protect the health, safety, and welfare of the students, as 323 determined by the Department of Juvenile Justice. 324 (e) Each school district must provide juvenile justice 325 education programs access to substitute classroom teachers used 326 by the school district. 327 (5) SCHOOL DISTRICT AND PRIVATE PROVIDER RESPONSIBILITIES.— 328 (a) Each school district and private provider that offers 329 education services to youth in juvenile justice education 330 programs shall: 331 1. Provide access to the appropriate courses and 332 instruction to prepare youth for a standard high school diploma 333 or the GED examination, as appropriate. 334 2. Provide access to virtual education courses that are 335 appropriate to meet the requirements of academic or workforce 336 related programs and the requirements for continuing education 337 specified in the youth’s transition and postrelease plans. 338 3. Provide opportunities for earning credits toward high 339 school graduation or credits that articulate to postsecondary 340 education institutions while the youth are in residential and 341 nonresidential juvenile justice facilities. 342 4. Ensure that the credits and partial credits earned by 343 youth are transferred and included in the youth’s records as 344 part of the transition plan. 345 5. Ensure that the education program consists of the 346 appropriate academic, workforce-related, or exceptional 347 education curricula and related services that directly support 348 performance outcomes, which must be specified in each youth’s 349 transition plan as required by subsection (6). 350 6. If the duration of a youth’s stay in a program is less 351 than 40 days, ensure that the youth continues his or her 352 education or workforce-related training that leads to industry 353 certification in an occupational area of high demand. 354 7. Maintain an academic record for each youth who is 355 enrolled in a juvenile justice facility, as required by s. 356 1003.51, which reflects the coursework and industry 357 certifications completed by the youth. The academic record must 358 be up to date and included in the transition plan when the youth 359 exits the facility. 360 (b) Each school district and private provider shall ensure 361 that the following youth participate in the program: 362 1. Youth who are of compulsory school attendance age 363 pursuant to s. 1003.21. 364 2. Youth who are not of compulsory school attendance age 365 and who have not received a high school diploma or its 366 equivalent, if the youth is in a juvenile justice facility. Such 367 youth must participate in a workforce-related education program 368 that leads to industry certification in an occupational area of 369 high demand. 370 3. Youth who have attained a high school diploma or its 371 equivalent and who are not employed. Such youth must participate 372 in a workforce-related education program that leads to industry 373 certification in an occupational area of high demand. 374 (6) TRANSITION PLANS.— 375 (a) Each school district and private provider must develop 376 a transition plan during the course of a youth’s stay in a 377 juvenile justice program to coordinate academic, workforce, and 378 social services and assist the youth in successful community 379 reintegration upon the youth’s release. 380 (b) Transition planning shall begin upon a youth’s 381 placement in the program. The transition plan must include: 382 1. Incorporation of services and interventions that match 383 the youth’s risks and needs. 384 2. Services to be provided during the program stay and 385 establishment of services to be implemented upon release. The 386 appropriate personnel in the juvenile justice education program, 387 members of the community, the youth, and the youth’s family, 388 when appropriate, shall collaborate to develop the transition 389 plan. 390 3. Directed services and educational and workforce-related 391 activities to be implemented before and after release. Juvenile 392 justice education program personnel shall direct the youth to 393 the appropriate, coordinated, and comprehensive supervision and 394 support services in the community which are established by the 395 Department of Juvenile Justice for effective reintegration. For 396 purposes of this section, the term “transition plan” includes 397 the decisions, planning, activities, and services employed to 398 successfully return the youth to the community. 399 (c) Planning for reintegration begins when placement 400 decisions are made and continue throughout the youth’s stay in 401 order to provide for continuing education, job placement, and 402 other necessary services. Individuals who are responsible for 403 reintegration shall coordinate activities to ensure that the 404 transition plan is successfully implemented and a youth is 405 provided access to support services that will sustain the 406 youth’s success once he or she is no longer under the 407 supervision of the Department of Juvenile Justice. The youth’s 408 transition plan must govern decisions relating to transition and 409 reintegration. A transition plan must provide for continuing 410 education, workforce development, or meaningful job placement 411 pursuant to the performance outcomes in subsection (4). For 412 purposes of this section, the term “reintegration” means the 413 process by which a youth returns to the community following 414 release from a juvenile justice program. 415 (7) DEPARTMENT RESPONSIBILITIES.— 416 (a) The Department of Juvenile Justice shall: 417 1. Enter into a contract with school districts or private 418 providers to provide education services pursuant to subsection 419 (4). 420 2. Determine the performance ratings of school districts 421 and private providers using the criteria described in subsection 422 (3). 423 3. Monitor the education performance of youth in juvenile 424 justice facilities. 425 4. Prohibit school districts or private providers from 426 delivering the education services pursuant to subsection (4). 427 5. Assign a high performing provider for delivery of 428 education services pursuant to subsection (4). 429 (b) By September 1, 2012, the Department of Education shall 430 make available a common student assessment to measure the 431 learning gains in reading and mathematics of youth who are 432 assigned to juvenile justice education programs. 433 (8) FUNDING.— 434 (a) Youth who are participating in GED preparation programs 435 while under the supervision of the Department of Juvenile 436 Justice shall be funded at the basic program cost factor for 437 juvenile justice programs in the Florida Education Finance 438 Program (FEFP). Juvenile justice education programs shall be 439 funded in the appropriate FEFP program based on the education 440 services needed by the students in the programs pursuant to s. 441 1011.62. 442 (b) Juvenile justice education programs operated through a 443 contract with the Department of Juvenile Justice and under the 444 purview of the department’s quality assurance standards and 445 performance outcomes shall receive the appropriate FEFP funding 446 for juvenile justice programs. 447 (c) A district school board shall fund the education 448 program in a juvenile justice facility at the same or higher 449 level of funding for equivalent students in the district school 450 system based on the funds generated through the FEFP and funds 451 allocated from federal programs. 452 (d) Consistent with the rules of the State Board of 453 Education, district school boards shall request an alternative 454 full-time equivalent (FTE) survey for juvenile justice programs 455 experiencing fluctuations in student enrollment. 456 (e) The State Board of Education shall prescribe rules 457 relating to FTE count periods which must be the same for 458 juvenile justice programs and other public school programs. The 459 summer school period for students in juvenile justice programs 460 shall begin on the day immediately preceding the subsequent 461 regular school year. Students may be funded for no more than 25 462 hours per week of direct instruction; however, students shall be 463 provided access to virtual instruction in order to maximize the 464 most efficient use of time. 465 (9) FACILITIES.—The district school board may not be 466 charged any rent, maintenance, utilities, or overhead on the 467 facilities. Maintenance, repairs, and remodeling of existing 468 facilities shall be provided by the Department of Juvenile 469 Justice. 470 (10) ANNUAL REPORT.—The Department of Juvenile Justice, in 471 collaboration with the Department of Education and in 472 consultation with the school districts and private juvenile 473 justice education program providers, shall prepare an annual 474 report containing the education performance outcomes, based on 475 the criteria in subsection (3), of youth in juvenile justice 476 programs. The report shall delineate the performance outcomes of 477 youth in the state, in each school district, and by each private 478 provider, including the performance outcomes of all major 479 student populations and genders, as determined by the Department 480 of Juvenile Justice. The report shall address the use and 481 successful completion of virtual instruction courses and the 482 successful implementation of transition and reintegration plans. 483 The report must include an analysis of the performance of youth 484 over time, including, but not limited to, additional education 485 attainment, employment, earnings, industry certification, and 486 rates of recidivism. The report must also include 487 recommendations for improving performance outcomes and for 488 additional cost savings and efficiencies. The report shall be 489 submitted to the Governor, the President of the Senate, and the 490 Speaker of the House of Representatives by December 31, 2013, 491 and each year thereafter. 492 (11) RULEMAKING.—The Department of Juvenile Justice shall 493 collaborate with the Department of Education, the Department of 494 Economic Opportunity, school districts, and private providers to 495 adopt rules to administer this section. 496 Section 6. This act shall take effect upon becoming a law.