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The Florida Statutes

The 2017 Florida Statutes

Title XLVIII
K-20 EDUCATION CODE
Chapter 1003
PUBLIC K-12 EDUCATION
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F.S. 1003.51
1003.51 Other public educational services.
(1) The general control of other public educational services shall be vested in the State Board of Education except as provided in this section. The State Board of Education shall, at the request of the Department of Children and Families and the Department of Juvenile Justice, advise as to standards and requirements relating to education to be met in all state schools or institutions under their control which provide educational programs. The Department of Education shall provide supervisory services for the educational programs of all such schools or institutions. The direct control of any of these services provided as part of the district program of education shall rest with the district school board. These services shall be supported out of state, district, federal, or other funds, depending on the requirements of the services being supported.
(2) The State Board of Education shall adopt rules articulating expectations for effective education programs for students in Department of Juvenile Justice programs, including, but not limited to, education programs in juvenile justice prevention, day treatment, residential, and detention programs. The rule shall establish policies and standards for education programs for students in Department of Juvenile Justice programs and shall include the following:
(a) The interagency collaborative process needed to ensure effective programs with measurable results.
(b) The responsibilities of the Department of Education, the Department of Juvenile Justice, CareerSource Florida, Inc., district school boards, and providers of education services to students in Department of Juvenile Justice programs.
(c) Academic expectations.
(d) Career expectations.
(e) Education transition planning and services.
(f) Service delivery options available to district school boards, including direct service and contracting.
(g) Assessment procedures, which:
1. For prevention, day treatment, and residential programs, include appropriate academic and career assessments administered at program entry and exit that are selected by the Department of Education in partnership with representatives from the Department of Juvenile Justice, district school boards, and education providers. Assessments must be completed within the first 10 school days after a student’s entry into the program.
2. Provide for determination of the areas of academic need and strategies for appropriate intervention and instruction for each student in a detention facility within 5 school days after the student’s entry into the program and administer a research-based assessment that will assist the student in determining his or her educational and career options and goals within 22 school days after the student’s entry into the program.

The results of these assessments, together with a portfolio depicting the student’s academic and career accomplishments, shall be included in the discharge packet assembled for each student.

(h) Recommended instructional programs, including, but not limited to:
1. Secondary education.
2. High school equivalency examination preparation.
3. Postsecondary education.
4. Career and professional education (CAPE).
5. Job preparation.
6. Virtual education that:
a. Provides competency-based instruction that addresses the unique academic needs of the student through delivery by an entity accredited by AdvanceED or the Southern Association of Colleges and Schools.
b. Confers certifications and diplomas.
c. Issues credit that articulates with and transcripts that are recognized by secondary schools.
d. Allows the student to continue to access and progress through the program once the student leaves the juvenile justice system.
(i) Funding requirements, which shall include the requirement that at least 90 percent of the FEFP funds generated by students in Department of Juvenile Justice programs or in an education program for juveniles under s. 985.19 be spent on instructional costs for those students. One hundred percent of the formula-based categorical funds generated by students in Department of Juvenile Justice programs must be spent on appropriate categoricals such as instructional materials and public school technology for those students.
(j) Qualifications of instructional staff, procedures for the selection of instructional staff, and procedures for consistent instruction and qualified staff year round. Qualifications shall include those for instructors of CAPE courses, standardized across the state, and shall be based on state certification, local school district approval, and industry-recognized certifications as identified on the CAPE Industry Certification Funding List. Procedures for the use of noncertified instructional personnel who possess expert knowledge or experience in their fields of instruction shall be established.
(k) Transition services, including the roles and responsibilities of appropriate personnel in the juvenile justice education program, the school district where the student will reenter, provider organizations, and the Department of Juvenile Justice.
(l) Procedures and timeframe for transfer of education records when a student enters and leaves a Department of Juvenile Justice education program.
(m) The requirement that each district school board maintain an academic transcript for each student enrolled in a juvenile justice education program that delineates each course completed by the student as provided by the State Course Code Directory.
(n) The requirement that each district school board make available and transmit a copy of a student’s transcript in the discharge packet when the student exits a juvenile justice education program.
(o) Contract requirements.
(p) Performance expectations for providers and district school boards, including student performance measures by type of program, education program performance ratings, school improvement, and corrective action plans for low-performing programs.
(q) The role and responsibility of the district school board in securing workforce development funds.
(r) A series of graduated sanctions for district school boards whose educational programs in Department of Juvenile Justice programs are considered to be unsatisfactory and for instances in which district school boards fail to meet standards prescribed by law, rule, or State Board of Education policy. These sanctions shall include the option of requiring a district school board to contract with a provider or another district school board if the educational program at the Department of Juvenile Justice program is performing below minimum standards and, after 6 months, is still performing below minimum standards.
(s) Curriculum, guidance counseling, transition, and education services expectations, including curriculum flexibility for detention centers operated by the Department of Juvenile Justice.
(t) Other aspects of program operations.
(3) The Department of Education in partnership with the Department of Juvenile Justice, the district school boards, and providers shall:
(a) Develop and implement requirements for contracts and cooperative agreements regarding the delivery of appropriate education services to students in Department of Juvenile Justice education programs. The minimum contract requirements shall include, but are not limited to, payment structure and amounts; access to district services; contract management provisions; data reporting requirements, including reporting of full-time equivalent student membership; administration of federal programs such as Title I, exceptional student education, and the Carl D. Perkins Career and Technical Education Act of 2006; and the policy and standards included in subsection (2).
(b) Develop and implement procedures for transitioning students into and out of Department of Juvenile Justice education programs. These procedures shall reflect the policy and standards adopted pursuant to subsection (2).
(c) Maintain standardized required content of education records to be included as part of a student’s commitment record and procedures for securing the student’s records. The education records shall include, but not be limited to, the following:
1. A copy of the student’s individual educational plan.
2. A copy of the student’s individualized progress monitoring plan.
3. A copy of the student’s individualized transition plan.
4. Data on student performance on assessments taken according to s. 1008.22.
5. A copy of the student’s permanent cumulative record.
6. A copy of the student’s academic transcript.
7. A portfolio reflecting the student’s academic accomplishments and industry certification earned, when age appropriate, while in the Department of Juvenile Justice program.
(d) Establish the roles and responsibilities of the juvenile probation officer and others involved in the withdrawal of the student from school and assignment to a juvenile justice education program.
(4) Each district school board shall:
(a) Notify students in juvenile justice education programs who attain the age of 16 years of the law regarding compulsory school attendance and make available the option of enrolling in an education program to attain a Florida high school diploma by taking the high school equivalency examination before release from the program. The Department of Education shall assist juvenile justice education programs with becoming high school equivalency examination centers.
(b) Respond to requests for student education records received from another district school board or a juvenile justice education program within 5 working days after receiving the request.
(c) Provide access to courses offered pursuant to ss. 1002.37, 1002.45, and 1003.498. School districts and providers may enter into cooperative agreements for the provision of curriculum associated with courses offered pursuant to s. 1003.498 to enable providers to offer such courses.
(d) Complete the assessment process required by subsection (2).
(e) Monitor compliance with contracts for education programs for students in juvenile justice prevention, day treatment, residential, and detention programs.
(5) The Department of Education shall establish and operate, either directly or indirectly through a contract, a mechanism to provide accountability measures that annually assesses and evaluates all juvenile justice education programs using student performance data and program performance ratings by type of program and shall provide technical assistance and related research to district school boards and juvenile justice education providers. The Department of Education, with input from the Department of Juvenile Justice, school districts, and education providers, shall develop annual recommendations for system and school improvement.
History.s. 145, ch. 2002-387; s. 3, ch. 2004-333; s. 85, ch. 2004-357; s. 28, ch. 2006-74; s. 172, ch. 2007-5; s. 7, ch. 2007-234; s. 37, ch. 2011-5; s. 29, ch. 2013-27; s. 368, ch. 2014-19; s. 17, ch. 2014-20; s. 31, ch. 2014-184; s. 111, ch. 2015-2; s. 55, ch. 2015-98.