December 08, 2016
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The Florida Statutes

The 2001 Florida Statutes

Title XVI
Education
Chapter 228
Public Education: General Provisions
View Entire Chapter
Section 228.081, Florida Statutes 2001

228.081  Other public educational services.--

(1)  The general control of other public educational services shall be vested in the state board except as provided herein. The state board shall, at the request of the Department of Children and Family Services 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 school board. These services shall be supported out of state, district, federal, or other lawful funds, depending on the requirements of the services being supported.

(2)  The Department of Education shall recommend and by August 1, 1999, the state board shall adopt an administrative rule articulating expectations for high-quality, effective education programs for youth in Department of Juvenile Justice programs, including, but not limited to, education programs in juvenile justice commitment and detention facilities. The rule shall articulate policies and standards for education programs for youth 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, school districts, and providers of education services to youth in Department of Juvenile Justice programs.

(c)  Academic expectations.

(d)  Service delivery options available to school districts, including direct service and contracting.

(e)  Assessment procedures, which:

1.  Include appropriate academic and vocational assessments administered at program entry and exit which are selected by the Department of Education in partnership with representatives from the Department of Juvenile Justice, school districts, and providers.

2.  Require school districts to be responsible for ensuring the completion of the assessment process.

3.  Require assessments for students in detention who will move on to commitment facilities, to be designed to create the foundation for developing the student's education program in the assigned commitment facility.

4.  Require assessments of students sent directly to commitment facilities to be completed within the first week of the student's commitment.

The results of these assessments, together with a portfolio depicting the student's academic and vocational accomplishments, shall be included in the discharge package assembled for each youth.

(f)  Recommended instructional programs including, but not limited to, vocational training and job preparation.

(g)  Funding requirements, which shall include the requirement that at least 80 percent of the FEFP funds generated by students in Department of Juvenile Justice programs 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.

(h)  Qualifications of instructional staff, procedures for the selection of instructional staff, and procedures to ensure consistent instruction and qualified staff year round.

(i)  Transition services, including the roles and responsibilities of appropriate personnel in school districts, provider organizations, and the Department of Juvenile Justice.

(j)  Procedures and timeframe for transfer of education records when a youth enters and leaves a facility.

(k)  The requirement that each school district maintain an academic transcript for each student enrolled in a juvenile justice facility which delineates each course completed by the student as provided by the State Course Code Directory.

(l)  The requirement that each school district make available and transmit a copy of a student's transcript in the discharge packet when the student exits a facility.

(m)  Contract requirements.

(n)  Performance expectations for providers and school districts, including the provision of academic improvement plan as required in s. 232.245.

(o)  The role and responsibility of the school district in securing workforce development funds.

(p)  A series of graduated sanctions for school districts whose educational programs in Department of Juvenile Justice facilities are considered to be unsatisfactory and for instances in which school districts fail to meet standards prescribed by law, rule, or State Board of Education policy. These sanctions shall include the option of requiring a school district to contract with a provider or another school district if the educational program at the Department of Juvenile Justice facility has failed a quality assurance review and after 6 months, is still performing below minimum standards.

(q)  Other aspects of program operations.

(3)  By January 1, 2000, the Department of Education in partnership with the Department of Juvenile Justice, school districts, and providers shall:

(a)  Develop model contracts for the delivery of appropriate education services to youth in Department of Juvenile Justice programs to be used for the development of future contracts. The model contracts shall reflect the policy and standards included in subsection (2). The Department of Education shall ensure that appropriate school district personnel are trained and held accountable for the management and monitoring of contracts for education programs for youth in juvenile justice residential and nonresidential facilities.

(b)  Develop model procedures for transitioning youth into and out of Department of Juvenile Justice programs. These procedures shall reflect the policy and standards adopted pursuant to subsection (2).

(c)  Develop standardized required content of education records to be included as part of a youth's commitment record. These requirements shall reflect the policy and standards adopted pursuant to subsection (2) and shall include, but not be limited to, the following:

1.  A copy of the student's individualized education plan;

2.  Assessment data, including grade level proficiency in reading, writing, and mathematics, and performance on tests taken according to s. 229.57;

3.  A copy of the student's permanent cumulative record;

4.  A copy of the student's academic transcript; and

5.  A portfolio reflecting the youth's academic accomplishments while in the Department of Juvenile Justice program.

(d)  Develop model procedures for securing the education record and the roles and responsibilities of the juvenile probation officer and others involved in the withdrawal of the student from school and assignment to a commitment or detention facility. Effective for the 2000-2001 school year and thereafter, school districts shall be required to respond to requests for student education records received from another school district or a juvenile justice facility within 5 working days of receiving the request.

(4)  The Department of Education shall ensure that school districts notify students in juvenile justice residential or nonresidential facilities who attain the age of 16 years of the provisions of s. 232.01(1)(c) regarding compulsory school attendance and make available the option of enrolling in a program to attain a Florida high school diploma by taking the general education development test prior to release from the facility. School districts or community colleges, or both, shall waive GED testing fees for youth in Department of Juvenile Justice residential programs and shall, upon request, designate schools operating for the purpose of providing educational services to youth in Department of Juvenile Justice programs as GED testing centers, subject to GED testing center requirements. The administrative fees for the general education development test required by the Department of Education are the responsibility of school districts and may be required of providers by contractual agreement.

(5)  The Department of Education shall establish and operate, either directly or indirectly through a contract, a mechanism to provide quality assurance reviews of all juvenile justice education programs and shall provide technical assistance and related research to school districts and providers on how to establish, develop, and operate educational programs that exceed the minimum quality assurance standards.

History.--s. 219, ch. 19355, 1939; CGL 1940 Supp. 892(38); s. 3, ch. 23726, 1947; s. 1, ch. 69-300; ss. 15, 19, 35, ch. 69-106; s. 1, ch. 72-221; s. 6, ch. 77-335; s. 76, ch. 97-190; s. 43, ch. 99-284; s. 9, ch. 2000-137.

Note.--Former s. 228.19.

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