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) “”Program district”” means the Florida school district in which the DJJ program in which a student has been placed is located;
    (b) “”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, residential, 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) 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 Florida Statutes § 1003.435
    (c) 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 Florida Statutes § 1003.57
    (d) 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 Florida Statutes § 1003.56
    (3) Student Records.
    (a) Content. Each program district shall maintain educational records for students in DJJ programs in accordance with Sections 1003.25 and 1003.51, F.S., and Fl. Admin. Code R. 6A-1.0955 Pursuant to Florida Statutes § 1008.385, the district shall comply with the requirements for the Comprehensive Management Information System established in Fl. Admin. Code R. 6A-1.0014, and the requirements for completing and reporting the Florida Education Finance Program (FEFP) full-time equivalent (FTE) surveys and transported student membership surveys established in Fl. Admin. Code R. 6A-1.0451
    (b) Cumulative Academic Transcript. Each program district 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 Fl. Admin. Code R. 6A-1.09441, including students in DJJ detention centers.
    (c) Access to District System. In accordance with Florida Statutes § 1001.31, each program district shall, pursuant to cooperative agreement, provide personnel at juvenile justice facilities access to the district 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 shall transfer records of students entering or exiting DJJ programs as provided in subsections 6A-1.0955(8) and 6A-1.0014(2), F.A.C. Each school district shall provide students’ educational records no later than five (5) school days after the receipt of the request for records from the new school or district.
    (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, or day treatment programs, the school district 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, or day treatment programs who have not graduated from school or filed a notice of intent to terminate school enrollment shall be assessed within ten (10) school days of the student’s initial placement into a program. The assessments shall include:
    1. The department-selected common assessment measuring English language arts and Mathematics; and
    2. Career assessments.
    (c) For the students referenced in paragraph (4)(b) of this rule, exit assessments shall include, at a minimum, the academic measures.
    (d) In accordance with Florida Statutes § 1003.51, 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.
    (e) All students in DJJ detention, prevention, residential, 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) Transition Services and Progress Monitoring Plan.
    (a) For each student in DJJ prevention, residential, 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 from the program school district or program personnel who are responsible for providing guidance services under the supervision of the school district’s guidance counselor; a registrar or a designee of the program district who has access to the district’s Management Information System; and reentry personnel.
    (b) The 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 Professional Education (CAPE) programs, 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) 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, 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) Upon the student’s exit from a residential, prevention or day treatment program: The DJJ educational program staff shall provide an exit portfolio to the student’s post-release district. The exit portfolio shall include, at a minimum:
    1. Education Transition plan;
    2. Results of district and statewide assessments;
    3. Progress monitoring plan;
    4. 504 plan, English language learner plan, and IEP, if applicable;
    5. Cumulative transcript;
    6. A list of courses in-progress, with grade to date;
    7. Any industry certifications earned;
    8. Common assessment results; and,
    9. High school equivalency results, if applicable.
    (f) 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) 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 program for students in detention for more than twenty-two (22) consecutive school days. 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, 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 instructional program shall consist of 250 instructional school days pursuant to Florida Statutes § 1003.01(11), and Fl. Admin. Code R. 6A-1.045111
    (b) Requirements. DJJ detention centers, prevention, day treatment, and residential 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 Fl. Admin. Code R. 6A-1.09441, the Next Generation Sunshine State Standards (Benchmarks for Excellent Student Thinking (B.E.S.T.)) adopted in Fl. Admin. Code R. 6A-1.09401, and course descriptions adopted in Fl. Admin. Code R. 6A-1.09412 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 Fl. Admin. Code R. 6A-6.0571, and testing requirements as specified in Fl. Admin. Code R. 6A-6.0201 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., school districts shall provide the performance-based exit option for all juvenile justice 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 Fl. Admin. Code R. 6A-6.0212
    3. Instruction that is delivered through a variety of techniques to address students’ individual academic needs, including competency-based programs and access to the virtual courses offered pursuant to Sections 1002.37, 1002.45, and 1003.498, F.S., 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) Textbooks, 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 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 school district 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) School districts 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 Fl. Admin. Code R. 6A-1.0502
    (c) School districts shall establish procedures to ensure that instructors teaching courses leading to the attainment of industry certifications meet the requirements of Fl. Admin. Code R. 6A-1.0503, and hold an industry certification identified on the CAPE Industry Certification List or the Postsecondary Industry Certification funding list pursuant to Florida Statutes § 1008.44
    (d) As required by Florida Statutes § 1003.52(11), school districts shall recruit and train teachers who are interested, qualified, or experienced 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 educational programs.
    (8) Funding.
    (a) To implement the FTE funding for students in DJJ programs based on direct instructional time:
    1. Student attendance is required to be collected daily as referenced in Florida Statutes § 1003.23 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 programs are entitled to one hundred (100) percent of the FEFP formula-based categorical funds generated by students in DJJ programs, and at least ninety-five (95) percent of these funds must be spent on instructional costs for students in DJJ programs or in an education program for juveniles under Florida Statutes § 985.19
    (c) Compliance with the expenditure requirement in Florida Statutes § 1010.20, 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 Florida Statutes § 1010.20 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.
    (9) 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 programs. 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 Florida Statutes § 1001.31, school 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., school 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, CAPE, exceptional student programs, and high school equivalency examination preparation;
    c. Textbooks, 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, 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) Administrative guidelines and oversight of federal programs, such as Title I, Parts A and D, the Individuals with Disabilities Education Act, and the Strengthening Career and Technical Education for the 21st Century (PerkinsV) Act, that are in compliance with federal legislation; and,
    (f) The requirement that all educational services comply with this rule.
Rulemaking Authority 1003.51, 1003.52 FS. Law Implemented 1003.51, 1003.52 FS. History-New 4-16-00, Amended 5-19-08, 12-15-09, 4-1-15, 5-3-22.