Senate Bill 486 (2021) — Juvenile justice education programs
SB 486
Florida Bills
Florida Senate - 2021 SB 486 By Senator Bradley 5-00790-21 2021486__ Page 1 of 5 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to juvenile justice education 2 programs; amending s. 1003.01, F.S.; redefining the 3 term “juvenile justice education programs or schools”; 4 amending s. 1003.51, F.S.; increasing the percentage 5 of certain funds that must be spent on specified 6 costs; clarifying that Department of Juvenile Justice 7 education programs are entitled to certain funds; 8 requiring such funds to be spent in a certain manner; 9 amending 1003.52, F.S.; requiring that contracts 10 between district school boards and juvenile justice 11 education programs be in writing; requiring that 12 district school boards provide proposed contracts to 13 juvenile justice education programs by a specified 14 date; providing a timeframe within which district 15 school boards and juvenile justice education programs 16 must negotiate and execute their contracts; 17 authorizing an extension of time; requiring the 18 Department of Education to provide mediation services 19 for certain disputes; requiring district school boards 20 satisfy certain invoices within a specified timeframe; 21 requiring district school boards that fail to timely 22 issue a warrant for payment to also pay interest at a 23 specified rate to the juvenile justice education 24 program; prohibiting school boards from delaying 25 certain payments pending receipt of local funds; 26 conforming a cross-reference; providing an effective 27 date. 28 29
Florida Senate - 2021 SB 486 5-00790-21 2021486__ Page 2 of 5 CODING: Words stricken are deletions; words underlined are additions. Be It Enacted by the Legislature of the State of Florida: 30 31
Section 1. Paragraph (
a) of subsection (11) of
section 32 1003.01, Florida Statutes, is amended to read: 33 1003.01
Definitions.—As used in this chapter, the term: 34 (11)(a) “Juvenile justice education programs or schools” 35 means programs or schools operating for the purpose of providing 36 educational services to youth in Department of Juvenile Justice 37 programs, for a school year composed comprised of 250 days of 38 instruction, or the equivalent expressed in hours as specified 39 in State Board of Education rule, distributed over 12 months. If 40 the period of operation is expressed in hours, the State Board 41 of Education must review the calculation annually.
At the 42 request of the provider, a district school board may decrease 43 the minimum number of days or hours, as applicable, of 44 instruction by up to 10 days or equivalent hours as specified in 45 the State Board of Education rule for teacher planning for 46 residential programs and up to 20 days or equivalent hours as 47 specified in the State Board of Education rule for teacher 48 planning for nonresidential programs, subject to the approval of 49 the Department of Juvenile Justice and the Department of 50 Education. 51
Section 2. Paragraph (
i) of subsection (2) of
section 52 1003.51, Florida Statutes, is amended to read: 53 1003.51 Other public educational services.— 54
(2) The State Board of Education shall adopt rules 55 articulating expectations for effective education programs for 56 students in Department of Juvenile Justice programs, including, 57 but not limited to, education programs in juvenile justice 58
Florida Senate - 2021 SB 486 5-00790-21 2021486__ Page 3 of 5 CODING: Words stricken are deletions; words underlined are additions. prevention, day treatment, residential, and detention programs. 59 The rule shall establish policies and standards for education 60 programs for students in Department of Juvenile Justice programs 61 and shall include the following: 62 (
i) Funding requirements, which must provide shall include 63 the requirement that at least 95 90 percent of the FEFP funds 64 generated by students in Department of Juvenile Justice programs 65 or in an education program for juveniles under s. 985.19 must be 66 spent on instructional costs for those students. Department of 67 Juvenile Justice education programs are entitled to 100 one 68 hundred percent of the formula-based categorical funds generated 69 by students in Department of Juvenile Justice programs. Such 70 funds must be spent on appropriate categoricals, such as 71 instructional materials and public school technology for those 72 students. 73
Section 3. Present paragraphs (
a) and (
b) of subsection (3) 74 of
section 1003.52, Florida Statutes, are redesignated as 75 paragraphs (
c) and (d), respectively, and new paragraphs (
a) and 76 (
b) are added to that subsection, and paragraph (
a) of 77 subsection (17) is amended, to read: 78 1003.52 Educational services in Department of Juvenile 79 Justice programs.— 80
(3) The district school board of the county in which the 81 juvenile justice education prevention, day treatment, 82 residential, or detention program is located shall provide or 83 contract for appropriate educational assessments and an 84 appropriate program of instruction and special education 85 services. 86 (
a) All contracts between a district school board desiring 87
Florida Senate - 2021 SB 486 5-00790-21 2021486__ Page 4 of 5 CODING: Words stricken are deletions; words underlined are additions. to contract directly with juvenile justice education programs to 88 provide academic instruction for students in such programs must 89 be in writing. A district school board shall provide a juvenile 90 justice education program with proposed new or renewal contracts 91 by each April 1.
Unless both parties agree to an extension of 92 time, the district school board and the juvenile justice 93 education program shall negotiate and execute the new or renewal 94 contract within 40 days after the district school board provides 95 the proposal to the juvenile justice education program. The 96 Department of Education shall provide mediation services for any 97 disputes relating to this paragraph. 98 (
b) District school boards shall satisfy invoices issued by 99 juvenile justice education programs within 10 working days after 100 receipt. If a district school board does not timely issue a 101 warrant for payment, it must pay to the juvenile justice 102 education program interest at a rate of 1 percent per month, 103 calculated on a daily basis, on the unpaid balance until such 104 time as a warrant is issued for the invoice and accrued interest 105 amount. The district school board may not delay payment to a 106 juvenile justice education program of any portion of funds owed 107 pending the district’s receipt of local funds. 108
(17) The department, in collaboration with the Department 109 of Juvenile Justice, shall collect data and report on 110 commitment, day treatment, prevention, and detention programs. 111 The report shall be submitted to the President of the Senate, 112 the Speaker of the House of Representatives, and the Governor by 113 February 1 of each year. The report must include, at a minimum: 114 (
a) The number and percentage of students who: 115 1. Return to an alternative school, middle school, or high 116
Florida Senate - 2021 SB 486 5-00790-21 2021486__ Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions. school upon release and the attendance rate of such students 117 before and after participation in juvenile justice education 118 programs. 119 2. Receive a standard high school diploma or a high school 120 equivalency diploma. 121 3. Receive industry certification. 122 4. Enroll in a postsecondary educational institution. 123 5. Complete a juvenile justice education program without 124 reoffending. 125 6.
Reoffend within 1 year after completion of a day 126 treatment or residential commitment program. 127 7. Remain employed 1 year after completion of a day 128 treatment or residential commitment program. 129 8. Demonstrate learning gains pursuant to paragraph (3)(d) 130 (3)(b). 131