HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 723 Juvenile Justice Education Programs
SPONSOR(S): Education & Employment Committee, Massullo
TIED BILLS: None IDEN./SIM. BILLS: CS/SB 486
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Secondary Education & Career Development 16 Y, 0 N Wolff Sanchez
Subcommittee
2) Appropriations Committee 27 Y, 0 N Bailey Pridgeon
3) Education & Employment Committee 19 Y, 0 N, As CS Wolff Hassell
SUMMARY ANALYSIS
The bill updates how juvenile justice education programs may be operated. The bill provides that
nonresidential juvenile justice education programs may calculate their period of operation in hours rather than
days. Additionally, the bill increases the percentage of Florida Education Finance Program (FEFP) funds
generated by students in juvenile justice education programs that must be spent on instruction and clarifies
that juvenile justice education programs are entitled to all formula-based categorical funds generated by their
students.
The bill updates the requirements for contracts between district school boards and juvenile justice education
program providers (Providers). The bill provides mandatory timeframes for the execution of new or renewal
contracts and for the satisfaction of invoices submitted by Providers. District school boards may not delay
payment while awaiting local funds and are required to pay interest related to untimely satisfaction of invoices.
The bill has an indeterminate fiscal impact. See fiscal comments.
The bill provides an effective date of July 1, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0723e.EEC
DATE: 3/30/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Juvenile Justice Education Programs and Schools
Juvenile justice education programs or schools operate for the purpose of providing educational
services to youth in Department of Juvenile Justice (DJJ) programs, for a school year comprised of 250
days of instruction distributed over 12 months.1 At the request of the Provider, a district school board
may decrease the minimum number of days of instruction by up to 10 days for teacher planning for
residential programs and up to 20 days for teacher planning for nonresidential programs, subject to the
approval of the DJJ and the Department of Education (DOE).2
A Provider is the DJJ, the sheriff, or a private, public, or other governmental organization.3 To be a
Provider, a private, public or other governmental organization must be under contract with either the
DJJ or the sheriff that provides treatment, care and custody, or educational programs for youth in
juvenile justice intervention, detention, or commitment programs.4
Educational Services in DJJ Programs
The DOE acts as the lead agency for juvenile justice education programs and sets the standards for
curriculum and other support services.5
Students who do not attend a local public school due to their placement in a DJJ detention, prevention,
residential, or day treatment program are provided high-quality and effective educational programs by
the local school district in which the DJJ facility is located or by a Provider through a contract with the
local school district.6 Each program must be conducted according to applicable law providing for the
operation of public schools and rules of the State Board of Education (SBE).7
The district school board must make provisions for each student to participate in basic, Career and
Professional Education, and exceptional student programs as appropriate. Students served in DJJ
education programs have access to the appropriate courses and instruction to prepare them for the
high school equivalency examination. School districts must provide the high school equivalency
examination exit option for all juvenile justice education programs.8
With the assistance of the school districts and Providers, the DOE must select a common student
assessment instrument and protocol for measuring student learning gains and student progression
while a student is in a juvenile justice education program.9
1
Section 1003.01(11)(a), F.S.
2
Id.
3 Section 1003.01(11)(b), F.S.
4
Id.
5
Section 1003.52(1), F.S.
6
Rule 6A-6.05281(2), F.A.C.
7
Section 1003.52(3)(a), F.S.
8
Id.
9
Section 1003.52(3)(b), F.S.
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Funding of Students Enrolled in Juvenile Justice Education Programs
Funding for eligible students enrolled in juvenile justice education programs is provided through the
FEFP.10 Students participating in high school equivalency examination preparation programs are
funded at the basic program cost factor for DJJ programs in the FEFP.11
At least 90 percent of the FEFP funds generated by students in DJJ programs or in an education
program for juveniles must be spent on instructional costs for those students.12 There is no requirement
in statute for school districts to transfer FEFP funds to DJJ programs within a specific period of time.13
In Fiscal Year 2018-19, school districts reported a total program cost of $55,090,016 for their DJJ
programs, which is 143.22 percent of the revenue generated by these students through the FEFP
($38,466,362).14
One hundred percent of the formula-based categorical funds15 generated by students in DJJ programs
must be spent on appropriate categoricals such as instructional materials and digital classroom
technology for those students.16
Contracts with Providers
Each school district that provides educational services to students in a DJJ facility must negotiate a
cooperative agreement with DJJ and in Fiscal Year 2018-19, there were 37 districts with such
cooperative agreements.17 School districts may negotiate educational service contracts with Providers if
they do not directly provide the education services.18 The district school board of the county in which
the juvenile justice education prevention, day treatment, residential, or detention program is located
must provide or contract for appropriate educational assessments and an appropriate program of
instruction and special education services.19 Such contracts must include the following:20
payment structure, schedule, and amounts;
access to district services, including instructional personnel and information technology
systems;
contract management provisions, including scope of work and implementation procedures;
data maintenance and reporting requirements sufficient to permit the school district to satisfy its
reporting requirements;
administrative guidelines and oversight necessary for compliance with federal programs; and
requirement that all educational services comply with applicable State Board of Education (SBE)
rules.
Effect of Proposed Changes
The bill updates the definition of “juvenile justice education programs or schools” to permit the
calculation of the mandatory period of operation for nonresidential programs in hours. If hours are
selected as the means of calculating the period of operation, then the calculation of hours must
conform to SBE rules and the SBE must review the calculation each year. The bill also permits hours,
with similar SBE review requirements, to be used to calculate the optional decrease in instructional
days for nonresidential programs.
10
Section 1011.62, F.S.
11
Section 1003.52(3)(a), F.S.
12
Section 1003.51(2)(i), F.S.
13
Florida Department of Education, 2021 Agency Legislative Bill Analysis for SB 486, on file with the Secondary Education & Career
Development Subcommittee.
14
Id.
15
Section 1011.62(10), F.S.
16
Section 1003.51(2)(i), F.S.
17
Florida Department of Education, Developing Effective Education in the Department of Juvenile Justice Annual Report 2018-2019
available at http://www.fldoe.org/core/fileparse.php/7567/urlt/DevEffEduDJJ1819.pdf (last visited March 30, 2021).
18
Id.
19
Section 1003.52(3), F.S., and Rule 6A-6.05281(9), F.A.C.
20
Rule 6A-6.05281(9), F.A.C.
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The bill requires that the SBE rule governing funding of the juvenile justice education programs provide
that at least 95 percent of the FEFP generated by students in those programs be spent on instructional
costs. Additionally, the bill clarifies that juvenile justice education programs are entitled to 100 percent
of formula-based categorical funds generate by students in the programs. All such categorical funds
must be spent on appropriate categoricals, such as instructional materials.
The bill provides that the contracts between district school boards and Providers must be in writing. The
agreement must be executed within 40 days of delivery by the district school board, unless both parties
agree to an extension. The DOE shall provide mediation services for any disputes related to these
contracting requirements.
The bill requires that the district school board satisfy invoices from Providers within 15 working days of
receipt. A Provider is entitled to interest, at a rate of 1 percent per month, calculated daily, if the district
school board fails to timely satisfy an invoice. Payment to a Provider may not be delayed while a district
school board awaits the receipt of local funds.
B. SECTION DIRECTORY:
Section 1. Amends s. 1003.01, F.S., redefining the term "juvenile justice education programs or
schools."
Section 2. Amends s. 1003.51, F.S., increasing the percentage of certain funds that must be spent on
specified costs; clarifying that Department of Juvenile Justice education programs are entitled to certain
funds; requiring such funds to be spent in a certain manner.
Section 3. Amends s. 1003.52, F.S., requiring that contracts between district school boards and
juvenile justice education programs be in writing; providing a timeframe within which district school
boards and juvenile justice education programs must negotiate and execute their contracts; authorizing
an extension of time; requiring the Department of Education to provide mediation services for certain
disputes; requiring district school boards satisfy certain invoices within a specified timeframe; requiring
district school boards that fail to timely issue a warrant for payment to also pay interest at a specified
rate to the juvenile justice education program; prohibiting school boards from delaying certain payments
pending receipt of local funds; conforming a cross-reference.
Section 4. Provides an effective date of July 1, 2021.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
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None.
2. Expenditures:
The bill has an indeterminate fiscal impact on school districts.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
If a school district does not timely satisfy invoices from Providers, then it is required to pay interest to
the Provider. Because this impact is triggered only after non-compliance with the requirements of the
bill, the fiscal impact is indeterminate.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
None.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On March 29, 2021, the Education & Employment Committee adopted one amendment and reported the
bill favorably as a committee substitute. The amendment:
Limits the authority of juvenile justice education programs to calculate their school year in hours
rather than days to nonresidential programs.
Removes the requirement that school district provide new or renewal contracts to Providers by April
1 each year.
Amends the timeframe in which School District must satisfy invoice from Providers from 10 days to
15 days.
The bill analysis is drafted to the committee substitute adopted by the Education & Employment
Committee.
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DATE: 3/30/2021
Statutes affected: H 723 Filed: 1003.01, 1003.51
H 723 c1: 1003.01, 1003.51
H 723 er: 1003.01, 1003.51