(1) The general control of other public educational services shall be vested in the State Board of Education except as provided herein. The State Board of Education 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 district 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.

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   (2) The State Board of Education shall adopt and maintain an administrative rule articulating expectations for 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, district school boards, and providers of education services to youth in Department of Juvenile Justice programs.

   (c) Academic expectations.

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

   (e) Assessment procedures, which:

   1. 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 providers.

   2. Require district school boards 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 10 school days of the student’s commitment.

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

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

   (g) 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.

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

   (l) 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 facility.

   (m) Contract requirements.

   (n) Performance expectations for providers and district school boards, including the provision of a progress monitoring plan as required in s. 1008.25.

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

   (p) A series of graduated sanctions for district school boards whose educational programs in Department of Juvenile Justice facilities 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 facility has failed a quality assurance review and, after 6 months, is still performing below minimum standards.

   (q) 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) Maintain 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 district school board 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) Maintain 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) Maintain 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 individual educational plan.

   2. Assessment data, including grade level proficiency in reading, writing, and mathematics, and performance on tests taken according to s. 1008.22.

   3. A copy of the student’s permanent cumulative record.

   4. A copy of the student’s academic transcript.

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

   (d) Maintain 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. District school boards shall respond to requests for student education records received from another district school board or a juvenile justice facility within 5 working days after receiving the request.

   (4) The Department of Education shall ensure that district school boards notify students in juvenile justice residential or nonresidential facilities who attain the age of 16 years of the provisions of law 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 educational development test prior to release from the facility. District school boards or Florida College System institutions, 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 district school boards 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 district school boards and providers on how to establish, develop, and operate educational programs that exceed the minimum quality assurance standards.

s. 145, ch. 2002-387; s. 3, ch. 2004-333; s. 85, ch. 200