Pursuant to Sections
1003.51 and
1003.52, F.S., educational
programs for students in Department of Juvenile Justice (DJJ) programs shall be
operated as follows.
(1) Definitions.
For purposes of this rule, the following definitions apply.
(a) "DJJ's Florida Scholars Academy" means
the entity established by the Department of Juvenile Justice under Section
985.619, F.S., to deliver
educational opportunities to students served in DJJ residential commitment
programs.
(b) "Program district"
means the Florida school district in which the DJJ detention, prevention or day
treatment program is located;
(c)
"Post-release district" means the Florida school district in which a student is
or will be enrolled immediately following the student's release from a DJJ
program.
(2) Student
Services.
(a) Students who do not attend a
local public school due to their placement in a DJJ detention, prevention or
day treatment program shall be provided high-quality and effective educational
programs by the local school district in which the DJJ facility is located or
by an education provider through a contract with the local school
district.
(b) Students who do not
attend a local public school due to their placement in a DJJ residential
commitment program shall be provided high-quality and effective educational
programs by the DJJ's Florida Scholars Academy.
(c) If any student in these DJJ facilities
has filed an intent to terminate school enrollment, the program district shall
notify the student of the option of enrolling in a program to attain the
equivalency high school diplomas authorized by Section
1003.435, F.S
(d) Exceptional Student Education (ESE). All
students placed in a DJJ program who meet the eligibility criteria for ESE
services or who require accommodations due to a disability shall be provided a
free appropriate public education consistent with the requirements of Section
1003.57, F.S.
(e) Section 504 of the Rehabilitation Act
(Section 504). All students placed in a DJJ program who meet the eligibility
criteria and require accommodations due to a disability must be provided a
Section 504 plan consistent with the requirements of Section
1000.05, F.S., and Chapter
6A-19, F.A.C.
(f) English Language
Learners. All students designated as English language learners who are placed
in a DJJ program shall have equal access to entitled services, including
assessment and appropriate instructional strategies consistent with the
requirements of Section
1003.56, F.S.
(g) Staff training. The program district and
DJJ's Florida Scholars Academy must develop a plan to ensure that staff who are
assigned students during instructional time, or who provide care and custody to
students during instructional time, receive training in student services
described in subsection (2) of this rule.
(3) Student Records.
(a) Content. Each program district and the
DJJ's Florida Scholars Academy shall maintain educational records for students
in DJJ programs in accordance with Sections
1002.22,
1003.25 and
1003.51, F.S., and Rule
6A-1.0955, F.A.C. Pursuant to
Section
1008.385, F.S., the program
district and the DJJ's Florida Scholars Academy shall comply with the
requirements for the Comprehensive Management Information System established in
Rule
6A-1.0014, F.A.C. The program
district shall comply with requirements for completing and reporting the
Florida Education Finance Program (FEFP) full-time equivalent (FTE) surveys and
transported student membership surveys established in Rule
6A-1.0451, F.A.C.
(b) Cumulative Academic Transcript. Each
program district and the DJJ's Florida Scholars Academy shall:
1. Record each student's academic history
upon entry into the DJJ program; and
2. Delineate each course upon completion and
record full or partial credits earned by the student as provided by the Florida
Course Code Directory, as adopted in Rule
6A-1.09441, F.A.C., including
students in DJJ detention centers.
(c) Access to Student Information System. In
accordance with Section
1001.31 and
1003.51(2),
F.S., each program district, pursuant to cooperative agreement, and DJJ's
Florida Scholars Academy, shall provide personnel at juvenile justice
facilities access to the school system database for the purpose of accessing
academic, immunization, and registration records for students assigned to the
programs. Such access shall be in the same manner as provided to other schools
in the district.
(d) Transfer of
Educational Records. Each school district and DJJ's Florida Scholars Academy
shall transfer records of students entering or exiting DJJ programs as provided
in Section
1003.51(4)(b),
F.S., and in subsections
6A-1.0955(9)
and
6A-1.0014(2),
F.A.C. Each school district and DJJ's Florida Scholars Academy shall provide
students' educational records no later than three (3) working days after the
receipt of the request for records from the new school, district or DJJ's
Florida Scholars Academy.
(e)
Protection of Privacy. The educational records of students in DJJ programs
shall be maintained in accordance with Sections
1002.22,
1002.221,
1002.222, and
1002.225, F.S.
(4) Student Assessment.
(a) To ensure high-quality and effective
educational programs for students in DJJ detention, prevention, residential
commitment, or day treatment programs, the program district and the DJJ's
Florida Scholars Academy shall provide for the review of each student's
educational records and conduct assessments, consistent with the requirements
of this subsection, in order to identify the students' individual needs,
provide appropriate educational programs, and report the learning gains of the
student.
(b) All students in DJJ
prevention, residential commitment, or day treatment programs who have not
graduated from school or filed a notice of intent to terminate school
enrollment must be administered an appropriate academic and career assessment
selected by the program district school board or the DJJ's Florida Scholars
Academy board of trustees. The assessments must be administered at the time of
program entry and exit for the purpose of developing goals for education
transition plans, progress monitoring plans, individual educational plans, as
applicable, and federal reporting, as applicable.
(c) In accordance with Section
1003.51, F.S., students placed
in a detention center shall be assessed to determine areas of academic need and
strategies for appropriate intervention and instruction within five (5) school
days upon entry. A research-based assessment that will assist the student in
determining his or her educational and career options and goals shall be
administered within twenty-two (22) school days after the student's entry into
the program.
(d) All students in
DJJ detention, prevention, residential commitment, or day treatment programs
shall also participate in the statewide and districtwide assessments required
by Sections 1008.22,
1008.25,
1008.30, and
1003.4282, F.S.
(5) Education Transition Plans and
Progress Monitoring Plans for Residential Commitment, Prevention and Day
Treatment Programs.
(a) Education Transition
Plans. For each student in DJJ prevention, residential commitment, or day
treatment programs, an individual education transition plan based on the
student's post-release goals shall be developed, beginning upon a student's
entry into the DJJ program. Key personnel relating to entry transition
activities for students in juvenile justice programs include: the student; the
student's parent(s), legal guardian(s), or caretaker(s); instructional
personnel in the juvenile justice education program, DJJ personnel; personnel
from the post-release district; a certified school counselor or under the
supervision of the program district's or the DJJ's Florida Scholars Academy's
school counselor; a registrar or a designee of the program district or the
DJJ's Florida Scholars Academy who has access to the district's or the DJJ's
Florida Scholars Academy Management Information System; and reentry
personnel.
(b) The initial
education transition plan must include:
1.
Services and interventions that are based on the student's assessed educational
needs and post-release education plans.
2. Services to be provided during the program
stay and services to be implemented upon release, including, but not limited
to, continuing education in secondary school, career and technical education,
postsecondary education, or career opportunities.
3. The recommended educational placement for
the student post-release from a juvenile justice program must be based on
individual needs and performance in the juvenile justice programs.
4. Specific monitoring responsibilities by
individuals who are responsible for the reintegration and coordination of the
provision of support services.
(c) Progress Monitoring Plan for Residential
Commitment, Prevention and Day Treatment Programs. An individual progress
monitoring plan shall be developed no more than thirty (30) calendar days after
a student's entry into a DJJ prevention, residential commitment, or day
treatment program. This plan shall be based upon the student's entry
assessments and past educational history. The plan shall include:
1. Specific, individualized academic and
career objectives;
2. Remedial
strategies, as needed;
3. Progress
monitoring evaluation procedures; and
4. An implementation schedule for determining
progress toward meeting the goals of academic and career objectives, including
specific monitoring responsibilities. An ESE student's progress monitoring plan
must be consistent with the student's individual educational plan
(IEP).
(d) Key personnel
involved in re-entry transition activities for students returning to a school
district must include the personnel described in paragragh (5)(a) of this rule,
and a representative from the local workforce board in the post-release
district. Re-entry counselors, probation officers, and additional personnel
from the post-release district should be involved in transition planning to the
extent practicable.
(e) Exit
Portfolio for Residential Commitment, Prevention and Day Treatment Programs.
Upon the student's exit from a residential commitment, prevention or day
treatment program: The DJJ educational program staff shall provide an exit
portfolio to the student's post-release district at least three (3) schools
days prior to exit. The exit portfolio shall include, at a minimum:
1. Education Transition plan;
2. Results of district and statewide
assessments;
3. Progress monitoring
plan;
4. Section 504 plan, English
language learner plan, behavioral intervention plan (BIP) and IEP, if
applicable;
5. Cumulative
transcript;
6. A list of courses
in-progress, with grade to date;
7.
Any industry certifications earned; and
8. High school equivalency results, if
applicable.
(f) Education
Transition Plan for Detention Programs. For each student in a DJJ detention
center, an education transition plan shall be developed for students with a
length of stay over twenty-two (22) consecutive school days. The education
transition plan must include:
1. Identified
academic need and appropriate educational program;
2. Academic strategies and interventions;
and
3. Individualized academic and
career goals
(g) Exit
Portfolio for Detention Programs. Upon the student's exit from a detention
center: The DJJ educational program staff shall provide an exit portfolio to
the student's post-release district or DJJ residential commitment program for
students in detention for more than twenty-two (22) consecutive school days at
least three (3) days prior to exit. The exit portfolio shall include, at a
minimum:
1. Education transition
plan;
2. Results of district and
statewide assessments, if applicable;
3. Research-based assessment
results;
4. Section 504 Plan,
English language learner plan, BIP and IEP, if applicable;
5. Cumulative transcript;
6. A list of courses in-progress, with grade
to date; and
7. High school
equivalency results, if applicable.
(6) Instructional Program and Academic
Expectations.
(a) School Day and Year. The
program district'sinstructional program shall consist of 250 instructional
school days pursuant to Section
1003.01(14)(a)
F.S., and Rule
6A-1.045111, F.A.C.
(b) Requirements. DJJ detention centers,
prevention, day treatment, and residential commitment programs shall have the
flexibility in student scheduling to meet the basic academic and career needs
of the student. The instructional program shall meet the requirements of
Sections
1003.4156,
1003.4282,
1003.435,
1003.52,
1008.23, and
1008.25, F.S., as applicable,
and shall include:
1. Course offerings and
instructional personnel assignments consistent with the Florida Course Code
Directory, as adopted in Rule
6A-1.09441, F.A.C., the state
academic standards adopted in Rule
6A-1.09401, F.A.C., and course
descriptions adopted in Rule
6A-1.09412, F.A.C. Curricular
offerings must reflect the students' assessed educational and transition needs
and meet the students' needs as identified by the individual plan as required
by subsection (5) of this rule. All students shall receive a curriculum to
address their individual, academic, career, and transition needs. Students
shall be placed in courses and programs that can be completed during the DJJ
program or continued in the school district to which they will
return.
2. High school equivalency
examination preparation that meets course requirements as specified in Rule
6A-6.0571, F.A.C., and testing
requirements as specified in Rule
6A-6.0201, F.A.C. If offered,
adult general education courses shall meet course requirements specified in
Rules
6A-6.014 and
6A-6.0571, F.A.C. Pursuant to
Section
1003.52(3)(a),
F.S., program districts shall provide the performance-based exit option for DJJ
detention, prevention and day treatment education programs. School districts
must apply and be approved by the Department in order to implement the
Performance-Based Exit Option Model. The school district's approved
performance-based exit option shall meet the requirements specified in Rule
6A-6.0212, F.A.C.
3. Instruction that is delivered through a
variety of techniques to address students' individual academic needs, including
direct instruction, blended learning under Section
1011.61(1),
F.S., or district virtual instruction programs, virtual charter schools,
Florida Virtual School, virtual course offerings, district franchises of
Florida Virtual School pursuant to Sections
1002.33,
1002.37,
1002.45,
1002.455,
1003.498, and
1011.62(1),
F.S., credit recovery course procedures, and competency-based programs as
required in Sections 1003.51(2)(h)6. and
1003.52(4),
F.S.
(c) Curricular
flexibility for detention centers pursuant to Section
1003.51(2)(s),
F.S. The instructional program shall meet the requirements of paragraphs
(6)(a)-(b) of this rule. For students whose length of stay is less than ten
(10) consecutive school days, the school district:
1. May enroll students in elective courses
which address, but are not limited to, academic remediation, career
employability skills, behavioral management, law skills and life
skills.
2. Must provide guidance
services to determine current academic status, graduation pathway and academic
support services.
(d)
Instructional materials, technology, access to technology and instructional
support must be commensurate to resources provided to other students in public
schools within the district where the program is located.
(e) The district school board or the DJJ's
Florida Scholars Academy board of trustees shall work with local district
workforce education providers to access appropriate programs for youth in DJJ
programs who are no longer served in a K-12 program.
(7) Qualifications of instructional staff,
procedures for the selection of instructional staff, and procedures for
consistent instruction and qualified staff year-round.
(a) The program district or the DJJ's Florida
Scholars Academy shall ensure that only qualified instructional staff members,
consistent with the requirements of the Florida Course Code Directory and
Instructional Personnel Assignments as adopted in Rules
6A-1.09441,
6A-1.0502, and
6A-1.0503, F.A.C. are employed
to provide instruction to students in DJJ programs.
(b) Program districts or the DJJ's Florida
Scholars Academy shall establish procedures for the use of noncertified
instructional personnel who possess expert knowledge or experience in their
fields of instruction consistent with the requirement of Rule
6A-1.0502, F.A.C.
(c) Program districts or the DJJ's Florida
Scholars Academy shall establish procedures to ensure that instructors teaching
courses leading to the attainment of industry certifications meet the
requirements of Rule
6A-1.0503, F.A.C., and hold an
industry certification identified on the Master Credentials List as adopted in
Rule
6A-6.0576, F.A.C.
(d) As required by Section
1003.52(11),
F.S., program districts and the DJJ's Florida Scholars Academy shall recruit
and train teachers who are qualified in educating students in DJJ programs.
Teachers assigned to educational programs operated by local school districts in
DJJ facilities shall be selected by the school district in consultation with
the director of the DJJ facility.
(e) The school district's substitute teacher
pool shall be available for DJJ detention, prevention and day treatment
programs.
(8)
Accountability and Reporting.
(a) The
Department will issue an alternative school improvement rating for day
treatment and prevention programs pursuant to Section
1008.341, F.S.
(b) Beginning with the 2024-25 school year,
the DJJ's Florida Scholars Academy must report to the Department of Education
annually by September 1 the accountability rating for residential commitment
programs.
(c) The program district
and DJJ's Florida Scholars Academy must comply with the federal Elementary and
Secondary Education Act (ESEA) and Florida's approved plan, as amended by the
Every Student Succeeds Act (ESSA).
(d) The program district and DJJ's Florida
Scholars Academy must comply with monitoring and documentation requests made by
the Department of Education for Title I, Parts A and D, Title IV, Individuals
with Disabilities Act (IDEA), Section 504 and the Strengthening Career and
Technical Education for the 21st Century Act (Perkins V).
(9) Funding for Program Districts.
(a) To implement the FTE funding for students
in DJJ detention, prevention and day treatment programs based on direct
instructional time:
1. Student attendance is
required to be collected daily as referenced in Section
1003.23, F.S. For students in
grades 9-12, attendance must be maintained on a period by period basis for
classes in which students receive credit or during each course reported for FTE
purposes.
2. Time students spend
participating in school activities, such as field trips, performances, or
receiving school-based services such as counseling, may be counted as direct
instructional time.
3. Certain
interruptions to the education program, over which the teacher and student have
no control, do not have to be deducted from the direct instructional time
reported for FTE. These include:
a. Disaster
drills;
b. Lockdowns of the
classroom or program for security purposes;
c. Bomb scares;
d. Court hearings; and,
e. Meetings students have with law
enforcement personnel during school hours.
4. Direct instructional time shall not be
counted for students who choose not to attend class or who are not present at
school due to illness, or other non-school-related activity other than those
listed above.
(b) As
required by Sections 1003.51 and
1010.20, F.S., DJJ detention,
prevention and day treatment programs are entitled to one hundred (100) percent
of the FEFP formula-based categorical funds generated by students in DJJ
detention, prevention and day treatment programs, and at least ninety-five (95)
percent of these funds must be spent on instructional costs for students in DJJ
detention, prevention and day treatment programs or in an education program for
juveniles under Section
985.19, F.S.
(c) Compliance with the expenditure
requirement in Section
1010.20, F.S., for programs
provided directly by local school boards shall be verified by the Department of
Education through the review of the district's cost report as required by
Section 1010.20, F.S. If school
districts enter into contracts with contracted providers for these educational
programs, an accounting of the expenditures, as specified in Sections
1003.51(2)(i)
and 1010.20, F.S., shall be required
by the local school board.
(10) Contracts with Providers. School
districts may provide educational services directly or may enter into a written
contract with a contracted provider or another school district to provide
educational services to students in DJJ detention, prevention and day treatment
programs that the DJJ reviews. The contract shall be negotiated and executed
within forty (40) days after the district school board provides the proposal to
the juvenile justice education program, unless both parties agree to an
extension. The Department of Education shall provide mediation services for any
disputes relating to this paragraph. Such contracts shall include the
following:
(a) Payment structure and amounts,
including:
1. The method of computation for
the contracted amount, including the components for the FEFP and other funding
sources.
2. The schedule by which
payments will be made to the vendor.
3. Satisfaction of invoices from providers
within fifteen (15) working days of receipt of all proper and necessary
documentation.
4. The payment of
interest to providers by districts that fail to timely satisfy an invoice, at a
rate of 1 percent per month, calculated daily.
5. A provision stating that a district school
board may not delay payment of any portion of funds owed pending the receipt of
local funds.
(b) Access
to district services, including the following:
1. In accordance with Section
1001.31, F.S., program districts
shall provide instructional personnel at juvenile justice facilities with
access to the district school system database for students' academic,
immunization, and registration records.
2. In accordance with Sections
1003.51 and
1003.52, F.S., program districts
shall provide juvenile justice programs access to appropriate courses,
instruction, and resources, including:
a.
Virtual courses pursuant to Sections
1002.37,
1002.45, and
1003.498, F.S.;
b. Basic, career and technical education,
exceptional student programs, and high school equivalency examination
preparation;
c. Instructional
materials, technology, and instructional support commensurate to resources
provided to other students in public schools within the district the program is
located; and
d. Transition services
that include monitoring provisions as referenced in subsection (5) of this
rule.
(c)
Contract management provisions for detention, prevention and day treatment
programs, to include:
1. The names and contact
information for the district and vendor staff responsible for the management of
the contract;
2. The time period
covered by the contract and provisions for extending and/or renewing the
contract;
3. A scope of work that
clearly establishes the responsibilities of both parties and includes the
district's process for monitoring compliance of the contract;
4. Quantifiable, measurable, and verifiable
units of deliverables that must be received and accepted in writing by the
contract manager before payment;
5.
The consequences of failure to perform the specified responsibilities by either
party;
6. The procedures that will
be used by the district to monitor the implementation of the
contract;
7. The procedures that
will be used to amend the contract; and,
8. Circumstances under which the contract may
be terminated by either party.
(d) Data maintenance and reporting
requirements necessary to enable the program district to meet its data
maintenance and reporting obligations pursuant to paragraph (3)(a) of this
rule. Such provisions shall include mechanisms for data quality control, such
as deadlines for data submission by the contracted provider, submission of
error reports by the district to the contracted provider, and a process for
data review and correction by the contract provider. In addition, the
provisions shall include requirements to maintain the confidentiality of
personally identifiable education records;
(e) Accountability requirements and
corrective action plans, if needed;
(f) Administrative guidelines and oversight
of federal programs, such as Title I, Parts A and D, Title V, IDEA, and the
PerkinsV, that are in compliance with federal legislation;
(g) The requirement that the provider comply
with monitoring and documentation requests for IDEA and Section 504;
and
(h) The requirement that all
educational services comply with this rule.