Chapter 1003 Section 51 - 2024 Florida Statutes

2024 Florida Statutes

Title XLVIII EARLY LEARNING-20 EDUCATION CODE

Chapter 1003 PUBLIC K-12 EDUCATION

SECTION 51Other public educational services.

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 rules 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.

(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 that 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 for the administration of 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 the assessments required under this paragraph and s. 1003.52(3)(d), together with a portfolio depicting the student’s academic and career accomplishments, must be included in the discharge packet assembled for each student.

(h) Recommended instructional programs, using course delivery models aligned to the state academic standards. Options may include direct instruction, blended learning under s. 1011.61(1), or district virtual instruction programs, virtual charter schools, Florida Virtual School, virtual course offerings, and district franchises of Florida Virtual School pursuant to ss. 1002.33, 1002.37, 1002.45, 1002.455, 1003.498, and 1011.62(1), and credit recovery course procedures, including, but not limited to:

1. Secondary education.

2. High school equivalency examination preparation.

3. Postsecondary education.

4. Career and technical education.

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 a Department of Education-approved accrediting body.

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 must provide that at least 95 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 must be spent on instructional costs for those students. Department of Juvenile Justice education programs are entitled to 100 percent of the formula-based categorical funds generated 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.

(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 career and technical education courses, standardized across the state, and shall be based on state certification, local school district approval, and industry-recognized certifications as identified on the Master Credentials 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 in which 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) Accountability and school improvement requirements as public alternative schools pursuant to ss. 1008.31, 1008.34, 1008.341, and 1008.345.

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

(r) Curriculum, school counseling, transition, and education services expectations, including curriculum flexibility for detention centers operated by the Department of Juvenile Justice.

(s) 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; accountability requirements and corrective action plans, if needed; administration of federal programs such as Title I, exceptional student education, and the federal Strengthening Career and Technical Education for the 21st Century Act; 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, Section 504 plan, or behavioral plan, if applicable.

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 3 working days after receiving the request.

(c) Provide access to courses offered pursuant to ss. 1002.37, 1002.45, 1002.455, 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, and detention programs.

(5) The Department of Education shall issue an alternative school improvement rating for prevention and day treatment prevention juvenile justice education programs, pursuant to s. 1008.341.

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; s. 2, ch. 2021-70; s. 26, ch. 2024-133; s. 15, ch. 2024-160.