Fla. Admin. Code R. 6A-6.05281

Current through Reg. 50, No. 235-239, December 10, 2024

Section 6A-6.05281 - Educational Programs for Students in Department of Juvenile Justice Detention, Prevention, Residential, or Day Treatment Programs

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.

Fla. Admin. Code Ann. R. 6A-6.05281

Rulemaking Authority 1003.51, 1003.52 FS. Law Implemented 1003.51, 1003.52 FS.

New 4-16-00, Amended 5-19-08, 12-15-09, Amended by Florida Register Volume 41, Number 052, March 17, 2015 effective 4/1/2015, Amended by Florida Register Volume 48, Number 076, April 19, 2022 effective 5/3/2022, Amended by Florida Register Volume 50, Number 158, August 13, 2024 effective 8/27/2024.

New 4-16-00, Amended 5-19-08, 12-15-09, 4-1-15, 5-3-22.