Title: Juvenile Justice Education Programs

Summary: Increases percentage of certain funds that must be spent on specified costs; requires contracts between district school boards & juvenile justice education programs be in writing; requires DoE provide mediation services for certain disputes; prohibits school boards from delaying certain payments pending receipt of local funds.

Full Text:
An act relating to juvenile justice education programs; amending s. 1003.01, F.S.; redefining the term "juvenile justice education programs or schools"; amending s. 1003.51, F.S.; increasing the percentage of certain funds that must be spent on specified costs; clarifying that Department of Juvenile Justice education programs are entitled to certain funds; requiring such funds to be spent in a certain mann er; amending 1003.52, F.S.; requiring that contracts between district school boards and juvenile justice education programs be in writing; providing a timeframe within which district school boards and juvenile justice education programs must negotiate and execute their contracts; authorizing an extension of time; requiring the Department of Education to provide mediation services for certain disputes; requiring district school boards satisfy certain invoices within a specified timeframe; requiring district school boards that fail to timely issue a warrant for payment to also pay interest at a specified rate to the juvenile justice education program; prohibiting school boards from delaying certain payments pending receipt of local funds; conforming a cross-reference; providing an effective date. ENROLLED CS/HB 2021 Legislature Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph (a) of subsection (11) of section 1003.01, Florida Statutes, is amended to read: 1003.01 Definitions.-As used in this chapt er, the term: (11)(a) "Juvenile justice education programs or schools" means programs or schools operating for the purpose of providing educational services to youth in Department of Juvenile Justice programs, for a school year composed comprised of days of instruction,or the equivalent expressed in hours as specified in State Board of Education rule, distributed over months. If the period of operation is expressed in hours, the State Board of Education must review the calculation annually. The us eof the equivalent expressed in hours is only applicable to nonresidential programs. At the request of the provider, a district school board may decrease the minimum number of days of instruction by up to days for teacher planning for residential progr ams and up to days or equivalent hours as specified in the State Board of Education rule for teacher planning for nonresidential programs, subject to the approval of the Department of Juvenile Justice and the Department of Education. Section 2. Para graph (i) of subsection (2) of section 1003.51, Florida Statutes, is amended to read: ENROLLED CS/HB 2021 Legislature 1003.51 Other public educational services.-(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 st udents in Department of Juvenile Justice programs and shall include the following: (i) Funding requirements, which must provide shall include the requirement that at least 90 percent of the FEFP funds generated by students in Department of Juvenile Ju stice programs or in an education program for juveniles under s. 985.19 must be spent on instructional costs for those students. Department of Juvenile Justice education programs are entitled to one hundred percent of the formula-based categorical fund sgenerated by students in Department of Juvenile Justice programs.Such funds must be spent on appropriate categoricals,such as instructional materials and public school technology for those students. Section 3. Present paragraphs (a) and (b) of subs ection (3) of section 1003.52, Florida Statutes, are redesignated as paragraphs (c) and (d), respectively, and new paragraphs (a) and (b) are added to that subsection, and paragraph (a) of subsection (17) of that section is amended, to read: ENROLLED CS/HB 2021 Legislature 1003.52 Educ ational services in Department of Juvenile Justice programs.-(3) The district school board of the county in which the juvenile justice education prevention, day treatment, residential, or detention program is located shall provide or contract for approp riate educational assessments and an appropriate program of instruction and special education services. (a) All contracts between a district school board desiring to contract directly with juvenile justice education programs to provide academic instructi on for students in such programs must be in writing. Unless both parties agree to an extension of time, the district school board and the juvenile justice education program shall negotiate and execute a new or renewal contract within days after the dist rict school board provides the proposal to the juvenile justice education program. The Department of Education shall provide mediation services for any disputes relating to this paragraph. (b) District school boards shall satisfy invoices issued by juven ile justice education programs within working days after receipt. If a district school board does not timely issue a warrant for payment, it must pay to the juvenile justice education program interest at a rate of percent per month, calculated on a da ily basis, on the unpaid balance until such time as a warrant is issued for the invoice and accrued interest ENROLLED CS/HB 2021 Legislature amount. The district school board may not delay payment to a juvenile justice education program of any portion of funds owed pending the district's receipt of local funds. (17) The department, in collaboration with the Department of Juvenile Justice, shall collect data and report on commitment, day treatment, prevention, and detention programs. The report shall be submitted to the President of the Senate, the Speaker of the House of Representatives, and the Governor by February of each year. The report must include, at a minimum: (a) The number and percentage of students who: 1. Return to a nalternative school, middle school, or high school upon release and the attendance rate of such students before and after participation in juvenile justice education programs. 2. Receive a standard high school diploma or a high school equivalency diplom a. 3. Receive industry certification. 4. Enroll in a postsecondary educational institution. 5. Complete a juvenile justice education program without reoffending. 6. Reoffend within year after completion of a day treatment or residential commitmen tprogram. 7. Remain employed year after completion of a day treatment or residential commitment program. 8. Demonstrate learning gains pursuant to paragraph (3)(d) ENROLLED CS/HB 2021 Legislature (3)(b). Section 4. This act shall take effect July 1, 2021.