1. Juvenile Justice Cooperative Agreements and Education Service Contracts
    1. Purpose
    2. Statutory Authority
    3. Types of Documents
    4. Department of Education Involvement and Monitoring
    5. Cooperative Agreements
    6. Rule 6A-6.05281, FAC
    7. Requirements of Section 1003.52(13), Florida Statutes
    8. Education Service Contracts
    9. Roles and Responsibilities
    10. Requirements of Rule 6A-6.05381, FAC
    11. Contract Management
    12. Data Informed Contract Management
    13. Periodic School District Evaluations of the Educational Program
    14. Evaluating Student Outcomes
    15. Quality Assurance Review
    16. Questions and Answers
    17. Appendix A
    18. Section 1003.51, Florida Statutes
    19. 1003.51 Other public educational services.--
    20. Appendix B
    21. Section 1003.52, Florida Statutes
    22. Appendix C
    23. Rule 6A-6.05281, FAC
    24. Appendix D
    25. Sample Cooperative Agreement
    26. Cooperative Agreement betweenThe School Board of _______ County, Florida
    27. and The Florida Department of Juvenile Justice
    28. I. Purpose
    29. To accomplish this goal, the agencies agree to:
    30. Responsibilities of the DJJ
    31. To implement this agreement, DJJ shall:
    32. Responsibilities of the School Board
    33. To implement this agreement, the School Board shall:
    34. III. Administrative Procedures
    35. Timelines
    36. Confidentiality
    37. Notice Provision
    38. Indemnification Clause
    39. Authority
    40. IV. Allocation of Resources
    41. DJJ agrees to:
    42. The School Board agrees to:
    43. V. Educational Evaluation
    44. DJJ and the School Board agree to:
    45. VI. Curriculum and Instruction
    46. VII. Classroom Management and Attendance
    47. DJJ and the School Board agree to ensure that:
    48. VIII. Qualified Instructional Personnel
    49. DJJ and the School Board agree to the following:
    50. IX. Teaching Skills
    51. DJJ and the School Board agree to the following:
    52. X. Transition
    53. DJJ and the School Board agree the ensure that:
    54. XI. Student Records
    55. To implement this agreement, DJJ shall
    56. XII. Interagency Disputes
    57. Mediation or Conflict Resolution Procedures
    58. XIII. Safety and Support
    59. Responsibilities of the DJJ
    60. To implement this agreement, DJJ shall:
    61. Responsibilities of the School Board
    62. To implement this agreement, the School Board shall
    63. XIV. Correction of Deficiencies
    64. The agencies shall agree to jointly:
    65. XV. No Contact Orders and Zero Tolerance
    66.  
    67. To implement this agreement, the School Board shall:
    68. The School Board of ______________ County, Florida
    69. Attest Superintendent
    70. State of Florida Department of Juvenile Justice
    71. Residential and Correctional Facilities
  2. Appendix E
  3. Cooperative Review Sheet
      1. Comments* Cooperative Agreement Element General provisions
      2. Item Comments* Cooperative Agreement Element
    1. Appendix F
  4. Appendix G
  5. Sample Educational Services Contract
    1. 2004-2005 CONTRACT FOR EDUCATIONAL SERVICES BETWEEN
    2. THE ________ COUNTY, FLORIDA SCHOOL BOARD AND
    3. ___________________________ (PROVIDER)
    4. _________________________________ _______________________________
    5. _________________________________ _______________________________
    6. _________________________________ _______________________________
    7. _________________________________
    8. _________________________________
    9. Signature Page
    10. For the School Board of _____County, FL
    11. /s/ Superintendent
    12. Attest:
    13. Approved as to Form:
    14. School Board Attorney
    15. Other Supporting Documentation
    16. by: /s/ and Title
    17. Date
    18. Attest:
    19. _______________________________ Date
  6. Appendix H
  7.  
    1. School District DJJ Program
    2. School District Contact Phone Private Provider
    3. Date Received Reviewer
    4. Item Comments* Educational Service Contract Element Terms of Agreement

Paper Number: FY 2005-4
December 2004
Technical Assistance Paper
312367
Juvenile Justice Cooperative Agreements and Education Service Contracts
Purpose
The purpose of this technical assistance paper (TAP) is to provide district school board
personnel with information essential to the development of cooperative agreements with the
Department of Juvenile Justice (DJJ), the development of education service contracts with
private providers, and contract management. The requirements, procedures, and guidelines
outlined in this TAP may also prove helpful in developing cooperative agreements between
school districts and sheriff’s departments in order to provide educational programs for school-
aged students who are incarcerated.
Implementing effective programs for youth in community-based programs operated by DJJ
requires comprehensive contract planning, development, and management as integral
components of the partnership between the district school board, DJJ, and the private
provider. A collaborative relationship between district school boards and private providers is
essential to effective programming. Open communication is also integral to the provision of
cohesive, comprehensive, and seamless services contributing to achievement of the shared
goal of student success. Cooperative agreements and contracts should clearly delineate roles
and responsibilities of each participating organization in the development, implementation,
and monitoring of the educational component.
Statutory Authority
Sections 1003.51 and 1003.52, Florida Statutes, and Rule 6A-6.05281, Florida Administrative
Code (FAC), are specific to programs and services for youth in DJJ educational programs.
Rule 6A-6.05281, FAC, stipulates criteria for eligibility and the basis for funding under the
Florida Education Finance Program (FEFP) for youth in DJJ programs. District school boards
are ultimately responsible for the educational services provided to students assigned to DJJ
under the district school board’s jurisdiction, whether the educational services are provided by
the district school board or are contracted with a private provider. District school boards and
providers must adhere to all Florida Statutes and State Board of Education rules (SBER).
Contracts between district school boards and private providers may reference requirements in
Sections 1003.52(13) and 1003.51(2), Florida Statutes. Additionally, contracts with private
providers shall address the responsibilities of the district school board and the private provider
for implementing the requirements of Rule 6A-6.05281, FAC. Cooperative agreements
between DJJ and district school boards must reference the 13 requirements listed in Section
1003.52(13), Florida Statutes. Copies of relevant statutes and rules are found in appendices A,
B, and C.
REFER QUESTIONS TO:
Karen Denbroeder
Special Programs Information,
Clearinghouse, and Evaluation
325 West Gaines Street, Room 614
Tallahassee, FL 32399-0400
karen.denbroeder@fldoe.org
850/245-0475
John Winn, Commissioner
TECHNICAL ASSISTANCE PAPERS (TAPs) are produced periodically by the
Bureau of Exceptional Education and Student Services to present discussion of
current topics. The TAPs may be used for inservice sessions, technical
assistance visits, parent organization meetings, or interdisciplinary discussion
groups. Topics are identified by state steering committees, district personnel,
and individuals, or from program compliance monitoring.
BUREAU OF EXCEPTIONAL EDUCATION AND STUDENT SERVICES

Types of Documents
During the review process, DOE staff identified some confusion related to the names of various
legal documents. Several districts named all of their documents “cooperative agreements,”
including documents relating to the contract for educational programs with a private provider.
There appeared to be some confusion regarding appropriate use of interagency agreements and
cooperative agreements with DJJ. Please find below specific information regarding cooperative
agreements.
Cooperative Agreement
: Section 1003.52(13), Florida Statutes, requires each district school
board to negotiate a cooperative agreement with DJJ regarding the delivery of educational
services to youth under the jurisdiction of DJJ. Districts may wish to develop one cooperative
agreement with DJJ that addresses multiple juvenile justice sites or develop separate cooperative
agreements for each individual site. These documents must be completed prior to the October
full time equivalent (FTE) week. These documents should be submitted with all required
signatures by December 17, 2004, to:
Florida Department of Education
Attn: Lisa Robinson
325 W. Gaines Street
614 Turlington Building
Tallahassee, FL 32399-0400
Education Service Contract
: Section 1003.52(11), Florida Statutes, states that district school
boards can contract with a private provider for the provision of educational programs to youth
placed with DJJ.
Interagency Agreement
: Section 985.04(3)(a), Florida Statutes, provides that within each
county, the sheriff, chief of police, district school superintendent, and DJJ must enter into an
interagency agreement for the purpose of sharing information about juvenile offenders among all
parties. The agreement must specify the conditions under which summary criminal history
information is to be made available to appropriate school personnel and the conditions under
which school records are to be made available to appropriate DJJ personnel. This agreement also
requires notification to any classroom teacher of an assignment to the teacher’s classroom of a
juvenile who has been placed in a probation or commitment program for a felony offense. The
agencies entering into such agreement must comply with Section 943.0525, Florida Statutes, and
must maintain the confidentiality of information that is otherwise exempt from Section
119.07(1), Florida Statutes. These interagency agreements are not required to be submitted to
DOE.
Facility Operating Agreement
: If the district school board provides the educational services at a
DJJ facility, it may be useful to develop a facility operating agreement to hold all parties
accountable for their roles and responsibilities, such as security of staff, classroom space, and
maintenance of educational facilities. If the agreement is used in this manner, it is not required to
be submitted to DOE.
2
?

Department of Education Involvement and Monitoring
The DOE is involved in the monitoring of juvenile justice educational programs in several ways.
?
School districts are required to submit all DJJ cooperative agreements and education
service contracts to DOE prior to the October FTE Reporting Survey —Rule 6A-
6.05281(9) and (11), FAC. For 2004, these documents must be submitted to DOE by
December 17, 2004.
?
School districts are required to report academic scores on entry and exit assessments to
DOE via the DOE student information database—Rule 6A-6.05281(3)(g), FAC.
?
Students’ results on state and district-wide tests must be reported to DOE.
?
DJJ programs are assigned school numbers, and school districts are required to report
financial data to DOE.
?
All DJJ programs that contain educational components, including detention, commitment,
and prevention programs, are subject to annual educational quality assurance reviews
(QARs) conducted by DOE’s Juvenile Justice Educational Enhancement Program
(JJEEP).
?
Rule 6A-6.05281, FAC, provides interventions and sanctions for programs that fail to
meet the minimum standards of the educational QAR, fail to meet an educational
standard, or are noncompliant with state and federal requirements.
?
?
Interventions
include technical assistance provided to the program, development,
and implementation of a corrective action plan, and follow-up review of the
educational program
?
?
Sanctions
include public release of the unsatisfactory findings, assignment of a
monitor to address identified deficiencies (paid for by the local school board or
private provider), and reduction of payment or withholding of state or federal
funds.
?
?
Programs that do not correct deficiencies after interventions and sanctions have
been applied will be required to change educational providers. Please see Rule
6A-6.05281(10), FAC, for specific requirements.
?
DJJ programs are subject to DOE monitoring of exceptional student education (ESE)
services and financial records.
?
DJJ programs are subject to FTE audits conducted by the Auditor General.
Cooperative Agreements
Cooperative agreements between district school boards and DJJ must include all of the
components defined in Section 1003.52(13), Florida Statutes. Each district school board that has
DJJ residential or nonresidential care facility or juvenile assessment facility within its
jurisdiction is required to have a current cooperative agreement with DJJ. All cooperative
agreements must be completed prior to the October FTE Reporting Survey. For 2004, these
documents need to be submitted to DOE by December 17, 2004.
The development of procedures and guidelines for implementation of the cooperative agreement
should be part of the negotiating process. Cooperative agreements may be individual in nature,
depending on the needs of the students and the issues of the program or agency. It is
3
?

recommended that cooperative agreements be adapted to the specific program profile whenever
possible. Minimally, cooperative agreements must address the components that reflect the 13
requirements contained in Section 1003.52(13), Florida Statutes. Cooperative agreements often
include sections such as the purpose and general provisions or terms of the agreement. A sample
cooperative agreement is located in appendix D. See appendix E for the 2004-2005 Juvenile
Justice Education Cooperative Agreement Review Checklist.
Purpose
Most cooperative agreements contain a statement of purpose, which includes the names of the
specific agencies and programs participating in the agreement.
General Provisions or Terms of Agreement
References in the terms of agreement usually include the following:
?
the date the cooperative agreement takes effect and how long it is in effect
?
notice provision (the process by which either party may cancel the contract)
?
mutually agreed-upon procedures for implementing the cooperative agreement
?
renegotiation and notification process
?
indemnification clause, if applicable (each party’s responsibility for acts of negligence)
?
authority (Example: Each party signing this agreement on behalf of either party
individually warrants that he or she has full legal power to execute the agreement on
behalf of the party for whom he or she is signing and to bind and obligate such party with
respect to all provisions contained in this agreement.).
Provision to Ensure Enforcement of No Contact Orders
The 2001 Legislature required that the cooperative agreement adopted pursuant to Section
1003.52(13), Florida Statutes, must specify guidelines for ensuring all no contact orders entered
by the court are reported and enforced and that all steps are taken to protect the victim of any
violent crime from further victimization. DJJ has developed a sample agreement that may be
used by those districts that do not have a juvenile justice facility. It may also be used as an
addendum to an existing cooperative agreement between the school district and DJJ. A copy of
the DJJ-developed agreement can be found in appendix F.
Rule 6A-6.05281, FAC
?
Rule 6A-6.05281(11), FAC, states that “the timelines and responsibilities, as required by
Section 1013.53, Florida Statutes, for the notification by DJJ to the local school board of
the siting of new facilities and the awarding of a contract for the construction or operation
of such a facility shall be included in the agreement.”
?
DJJ is required by Section 1013.53, Florida Statutes, to notify district school boards of
the siting of new facilities and the awarding of a contract for the construction or operation
of such a facility within 30 days of the awarding of such a contract.
Requirements of Section 1003.52(13), Florida Statutes
Each cooperative agreement must contain the requirements listed in Section 1003.52(13), Florida
Statutes.
4
?

1.
?
Roles and Responsibilities of Each Agency
?
Cooperative agreements must address the responsibilities of the district school board,
the responsibilities of DJJ, and shared responsibilities.
?
This section should address the joint assessment, planning, implementation, and
evaluation of program activities and the monitoring and effective implementation of
state and federal legislation concerning the education of students in juvenile justice
settings.
2.
?
Administrative Issues Including Procedures for Sharing Information—References to
administrative issues, including sharing information, should include the following:
?
procedures for accessing DJJ, district school board, psychological, and medical
information for students
?
protection of privacy of student records, pursuant to state and federal requirements
?
listing of any administrative information that may need to be shared, such as agency
or school
?
board calendars, policies, procedures, or guidelines.
Effective treatment and educational services may involve collaboration and sharing of
specific student information and service planning. All professionals need to maintain
compliance with parents’ and students’ rights concerning protection of privacy as outlined in
Section 1002.22, Florida Statutes.
3.
?
Allocation of Resources Including Maximization of Local, State, and Federal Funding—
References to
?
number of students estimated to be enrolled for FTE surveys
?
FEFP requirements of daily attendance, membership, school calendar documentation,
and number of instructional minutes per day
?
procedures for recording direct instructional time
?
required percentage of funds to be allocated to instructional program including, at a
minimum, 90% of the FEFP funds generated and 100% of relevant categorical
funding.
Rule 6A-6.05281, FAC, also requires district school boards to notify DJJ facilities under their
jurisdiction of the appropriate entity that receives funding for workforce development
programs. If the district school board is the provider of the workforce development program,
the DJJ program shall be notified of the requirements for enrollment and completion of these
programs.
Section 1003.52(16), Florida Statutes, states that DJJ shall provide maintenance, repairs, and
remodeling of existing educational facilities.
Whether a school site or a provider site is used for the educational component depends on
factors relating to the level of the DJJ facility, available space, and the most appropriate
setting to deliver the agreed-upon program. The cooperative agreement should stipulate that
if the site is provided by DJJ or the provider, it must comply with facility safety requirements
5
?

embodied in the State Uniform Building Code for Educational Facilities and the Department
of Education’s State Requirements for Educational Facilities (SREF) 1994; Section
1003.52(17), Florida Statutes.
4.
?
Procedures for Educational Evaluation for Educational Exceptionalities and Special
Needs—References to the procedures for the evaluation of and services for educational
exceptionalities and special needs should include the following:
?
assessment process and services for exceptional student education (ESE)
?
assessment process and services for students with limited English proficiency (LEP)
?
identification process and services for students with disabilities covered under Section
504 of the Rehabilitation Act
?
school board positions responsible for the services listed above.
5.
?
Curriculum and Delivery of Instruction—References to curriculum and delivery of
instruction should include the following:
?
academic and vocational course offerings based on the identified needs of the
students
?
curriculum that meets the requirements for pupil progression and the Florida Course
Code Directory and Instructional Personnel Assignments
?
opportunities for students to earn a Florida high school diploma by taking the General
Educational Development (GED) exams, including access to GED preparation
activities, testing, and providing the GED Exit Option Model to all juvenile justice
education facilities
?
academic expectations of students
?
statements concerning the integration of treatment and education, when applicable
?
250-day school year, ten days of which may be used for planning for residential
programs and up to 20 days for teacher training in nonresidential programs, subject to
the approval of DJJ and DOE
?
methods used for instructional delivery.
Section 1003.52(5), Florida Statutes, requires that educational programs consist of
appropriate basic academic, vocational, or exceptional curricula and related services that
support the treatment and re-entry goals of the students. Rule 6A-6.05281, FAC, requires that
all DJJ programs offer instruction in either vocational, technical, career awareness, or career
exploration subjects and that instruction is individualized and delivered using a variety of
teaching strategies. Integrated education or treatment models often include coordinating the
awarding of school credit for activities performed by program personnel under the
supervision of school board personnel, such as physical education or peer counseling.
6.
?
Classroom Management Procedures and Attendance Policies—References to classroom
management should address the following:
?
facility staff in classroom with students, at all times
?
DJJ or program personnel present during educational activities for security reasons to
maintain responsibility for control of behavior and safety of the students while in the
educational program
?
policies as to expulsion or suspension
6

?
school board policies relevant to attendance
?
notification procedures for any DJJ or program activities that will interfere with
school attendance
?
notification procedures for state and district-wide testing
?
relevant agency and school board calendars
?
collaboration to implement common classroom management and discipline
procedures.
Behavior of the students can be managed by requiring a program behavior technician or
counselor from the agency to be on-site and the behavior plan in the classroom to parallel or
complement the behavior program implemented by the program provider, contingent on the
level of the program.
7.
?
Procedures for Provision of Qualified Instructional Personnel and for Performance of Duties
While in a Juvenile Justice Setting—References to the procedures for the provision of
qualified instructional personnel and for performance of duties should include the following:
?
number of certified teaching positions and assignments
?
number of non-certified teaching positions and assignments, if applicable
?
number of on-site school board administrative or support positions and duties, if
applicable.
Section 1003.52(10), Florida Statutes, requires that teachers assigned to educational
programs in juvenile justice settings in which the district school board operates the
educational program shall be selected by the school district in consultation with the director
of the facility.
8.
?
Provisions for Improving Skills in Teaching and Working with Juvenile
Delinquents—References to inservice training for teaching and working with juvenile
delinquents should include the following:
?
number of days that will be provided annually for inservice training
?
availability of school board inservice training for DJJ or program personnel and
availability of DJJ or program training for school board personnel.
The inservice training may contain references to cross-training educational, DJJ, and
?
program personnel.
?
9.
?
Transition Plans for Students Moving into and out of Juvenile Facilities—References to
transition services should include the following:
?
timelines for notifying appropriate educational personnel of students preparing to exit
the program
?
accessing and transferring student educational records, assessments, and other
educational information via the DJJ commitment file or DJJ discharge packet
?
assessment procedures
?
student planning procedures
?
transition planning procedures
7

?
personnel from both agencies that will be responsible for the transition process and
planning for students
?
collaboration of educational and treatment planning, when applicable.
Rule 6A-6.05281, FAC, outlines the requirements of the transition plan, the planning
?
process, and the personnel who must be involved in transition activities.
?
10. Procedures and Timelines for the Timely Documentation of Credits Earned and Transfer of
Student Records—References to the timely documentation of credits earned and transfer of
student records should include clarification of the following:
?
student records request process
?
content of student records
?
interagency transfer of student records via school board and DJJ personnel
?
enrollment procedures
protection of privacy clause
?
DJJ and school board personnel are responsible for all of the above services.
?
Rule 6A-6.05281, FAC, outlines the requirements for the content of student records, the
process of transferring student records, and the personnel who must be involved in the
process.
11. Methods and Procedures for Dispute Resolutions—References to methods and procedures for
dispute resolutions should contain the following:
?
mediation or conflict resolution procedures
?
DJJ and school board personnel ultimately responsible for dispute resolutions when
disputes cannot be resolved at the program level.
12. Provisions for Ensuring the Safety of Educational Personnel and Support for the Agreed-
Upon Educational Program—References to the provision for ensuring the safety of
educational personnel should include the following:
?
security measures that will be taken by DJJ to ensure the safety of the educational
personnel working in the facility
?
DJJ or program staff-to-student ratio required during school activities.
13. Strategies for Correcting Any Deficiencies Found through the Quality Assurance
Process—References to strategies for correcting deficiencies found through the quality
assurance process should include the following:
?
mutual review of quality assurance findings
?
procedures and timeframes for correcting deficiencies found through the quality
assurance process.
Rule 6A-6.05281, FAC, requires sanctions and interventions for low-performing DJJ
programs based on quality assurance findings. Procedures for correcting deficiencies should
be consistent with language in the rule. Strategies for correcting deficiencies should be
aligned with the school improvement process and plan, and the results of QARs should be
utilized in other school improvement initiatives.
8
?

Education Service Contracts
District school boards may elect to contract with a private provider to employ personnel and
provide all essential components of an educational program. The provider is accountable for all
educational components as provided by federal requirements, Florida Statutes, and State Board
of Education rules.
The district school board may contract with a private provider for the delivery of educational
services within each separate DJJ program. Contracts may include any of the matters defined in
Section 1003.52(11), Florida Statutes. Specifically, contracts with private providers need to
address the responsibilities of the school district and the private provider for implementing the
requirements of Rule 6A-6.05281, FAC. Each school board that utilizes the option of contracting
for educational services must maintain a current contract with the provider for the educational
services. It is the option of the school board to provide one-year contracts or multiple-year
contracts. DOE encourages the school board to review multiple-year contracts annually. All
education service contracts must be completed prior to the October FTE Reporting Survey.
These documents must be submitted to DOE by December 17, 2004. A sample education service
contract is located in appendix G. See appendix H for the 2004-2005 Juvenile Justice Education
Services Contract Review Checklist.
Before school districts enter into a contract with a private provider, Rule 6A-6.05281(9), FAC,
requires that the private provider shall have, at a minimum
?
documented experience in providing high quality educational services or a detailed plan
for providing high quality educational services that meet applicable state and federal
requirements
?
sufficient financial stability and resources to hire an adequate number of certified or
qualified instructional personnel.
Prior to contracting with a private provider, the school district shall
?
review and consider the provider’s past performance history, including the results of
QARs
?
review the private provider’s contract, if any, with DJJ for the care and custody of youth
in the detention, commitment, day treatment, or early delinquency intervention program
to ensure that services and resources are coordinated and not duplicated.
Procedures or guidelines for implementation of the contract should be developed as part of the
negotiating process. Contracts should be individual in nature, depending on the needs of the
students and the issues of the agency.
Roles and Responsibilities
Roles and responsibilities may be divided as agreed upon between the school board and the
private provider. The contracts must specify all requirements that are the direct responsibility of
the private provider and all requirements that are the direct responsibility of the school board.
Support for the agreed upon educational program should be defined throughout the contract.
9
?

Contracts should include at a minimum the terms of the contract and the requirements of Rule
6A-6.05281, FAC, which are listed below in the order in which they appear in the rule.
Terms of Agreement should reference the following:
?
the date the contract takes effect and its duration
?
methods and procedures for dispute resolution
?
notice provision (the process by which either party may cancel the contract)
?
indemnification clause, if applicable (each party’s responsibility for acts of negligence)
?
authority (Example: Each party signing this agreement on behalf of either party
individually warrants that he or she has full legal power to execute the agreement on
behalf of the party for whom he or she is signing and to bind and obligate such party with
respect to all provisions contained in this agreement.).
Facilities—References should include, at a minimum, the following:
?
compliance with facility safety requirements embodied in the State Uniform Building
Code for Educational Facilities and the Department of Education’s State Requirements
for Educational Facilities 1994
?
address of the facility
?
the party responsible for maintaining sanitation and health certificates for classroom
space
?
identification of or reference to required settings for educational components that may
contain issues of confidentiality and, therefore, should not take place in a classroom
while students are present, such as space for ESE/ESOL staffings or school-sponsored
psychological evaluations
?
identification of the responsible party (agency or school board) in the case of damage or
loss of board property.
Requirements of Rule 6A-6.05381, FAC
1.
?
Student Eligibility—Contracts should reference, at a minimum, the following:
?
provision of high-quality educational services to all students in the DJJ program
?
services to students identified and eligible for ESE services
?
services to students with disabilities, as defined in Section 504 of the Rehabilitation
Act
?
services to potential LEP students
?
notification of students who have filed an intent to terminate school enrollment of the
option of enrolling in a program to attain a State of Florida diploma
?
identification of the agency and district school board personnel positions responsible
for delivering the services listed above.
2.
?
Student Records—Contracts should reference, at a minimum, the following:
?
procedures for requesting student records
?
required content of educational records
?
process for enrollment in the district’s management information system (MIS)
?
storage of student records
10

?
procedures for accessing and sharing of educational records by district school board
and agency personnel, pursuant to state and federal requirements
?
process for awarding credits and grades, prior to students exiting the program, for
inclusion in student discharge packets
?
protection-of-privacy clause
?
transfer of records at exit.
3.
?
Student Assessment—Contracts should reference, at a minimum, the following:
?
names of all academic and vocational assessment instruments utilized in the program
?
position(s) responsible for conducting assessments
?
timeframes and procedures for administering entry and exit assessments
?
use of assessment results for planning and instruction
?
procedures for administering all required state and district-wide assessments.
The results of the academic assessments listed in this section must be reported to DOE
according to procedures in Rule 6A-1.0014, FAC. Academic assessments must measure
students’ proficiency in reading, mathematics, and writing. Assessment instruments must be
appropriate for age, grade, language, and program length of stay and should be nondiscrim-
inatory with respect to culture, disability, and socioeconomic status. Exit assessments are not
required for students in detention centers.
4.
?
Individual Academic Plans (IAP)/Exceptional Student Education Individual Educational
Plans (IEP)—Contracts should reference, at a minimum, the following:
?
requirements of the IAPs/IEPs
?
position(s) responsible for the development of IAPs/IEPs
?
timeframes and procedures for developing student goals and objectives in IAPs/IEPs
?
use of the plans for instruction and tracking student progress.
Individual academic plans must be developed for students in prevention and commitment
programs within 15 days of student entry into the facility and within 22 calendar days for
students in detention. Individual academic plans must contain, at a minimum, specific and
individualized long-term goals and short-term instructional and vocational/technical
objectives, remedial strategies or tutorial instruction, evaluation procedures, and a schedule
for determining progress toward meeting the goals and instructional and vocational/technical
objectives. Academic improvement plans, IEPs, Section 504 plans, or individual plans for
LEP students may incorporate the requirements of the individual academic plan. IEPS must
be developed within 11 days of student entry.
5.
?
Transition Services—Contracts should reference, at a minimum, the following:
?
transition planning process and the development of exit transition plans
?
requirements of transition plans
?
content of exit portfolios
?
access to DJJ commitment files and discharge packets for student information
?
agency and school board positions responsible for the transition process.
11

Transition plans must contain academic re-entry goals, career and employment goals, and the
recommended next educational placement for the student. Personnel who must be involved in
the transition process include the school district or provider personnel who are responsible
for guidance services, assessment, registration, and instruction.
6.
?
Instructional Program and Academic Expectations—Contracts should reference, at a
minimum, the following:
?
250 days of instruction, ten of which may be used for planning for residential
programs and up to 20 days of which may be used for teacher training in
nonresidential programs, subject to approval from DJJ and DOE
?
academic curricular offerings
?
vocational or career awareness curricular offerings
?
use of GED preparation and provision of the GED Exit Option Model to all juvenile
justice educational programs, including access to GED testing
?
use of tutorial activities
?
methods of instructional delivery
?
classroom management procedures.
Attendance policies should reference the following:
?
district school board policies relating to attendance
?
notification procedures of any DJJ or program activities that may interfere with
school attendance
?
notification procedures for state and district-wide testing dates
?
relevant agency and district school board calendars.
Contracts should also include references to course offerings that are integrated with or that
overlap between treatment and education. At a minimum, school board policies in relation to
suspension and expulsion should be followed in all contracted sites. Classroom management
and attendance policies should be consistent with Section 1003.52(13)(f), Florida Statutes.
7.
?
Qualifications and Procedures for Selection of Instructional Staff—Reference to staffing
should be specific in terms of positions but not in terms of individuals. Contracts should
reference, at a minimum, the following:
?
role and responsibility of the provider’s lead teacher or education administrator
?
number of certified teachers the program will employ and their duties
?
classes that require a certified teacher
?
whether the provider or district school board shall provide ESOL/ESE certified
personnel
?
maintenance of content and access to educational personnel files
?
process by which substitute teachers shall be accessed
?
district school board procedures for approving the use of noncertified instructional
personnel
?
access to or provision for staff development activities, including access to school
district inservice training
12
?

?
provision of staff development for educational support and administrative personnel
such as clerks, registrars, classroom paraprofessionals, guidance counselors, transition
specialists, and lead teachers
?
access to beginning teacher programs for appropriate personnel.
8.
?
Funding—Contracts should reference, at a minimum, the following:
?
date payments shall be made
?
funding basis for the payments
?
rate of payment in relation to the FTE revenue generated through the FEFP and the
percentage of funds to be allocated to the instructional program
?
conditions under which the rate or amount of payment may change, such as changes
in legislation after the signing of the contract
?
FEFP requirements of daily attendance, membership, school calendar documentation,
and number of instructional minutes per day
?
ramifications of violations of state law, State Board of Education rules, or district
school board policy that result in a loss of funding to the local school board
?
process for recording direct instructional time
?
maintenance by the agency of all financial records related to the educational
component for a minimum number of years to be set by the school board
?
financial accounting and reporting system requirements from the agency to the
district school board of expenditures related to the educational component.
Ninety percent of FEFP funds must be spent on instructional costs, and 100% of formula-
based categorical funds must be spent on appropriate categoricals such as instructional
materials and public school technology.
9.
?
Contracts with Private Providers—Contracts are required to contain, at a minimum, the
following:
?
district school board notification to the DJJ program of the appropriate entity that
receives funding for workforce development programs
?
statements that both the district school board and the provider have met all
requirements listed in Rule 6A-6.05281(9), FAC, prior to the awarding of the
contract.
Those requirements include that the private provider shall have, at a minimum, the
?
following:
?
?
documented experience in providing high-quality educational services or a detailed
plan for providing a high-quality educational program that meets applicable state and
federal requirements
?
sufficient financial stability and resources to hire an adequate number of certified or
qualified instructional personnel.
The district school board shall also
?
review and consider the provider’s past performance history, including the results of
QARs
13
?

?
review the private provider’s contract, if any, with DJJ for the care and custody of
youth in the detention, commitment, day treatment, or early delinquency intervention
program to ensure that services and resources are coordinated and not duplicated.
If the school district is the provider of the workforce development program, the DJJ program
shall be notified of the requirements for enrollment and completion of these programs.
10. Interventions and Sanctions—Contracts should reference, at a minimum, the following:
?
strategies for correcting deficiencies found through the quality assurance process
?
financial and other sanctions that may be imposed by the district school board for
contract or services violations
?
identified timeframes for correcting deficiencies found by the district school board or
other local, state, and federal governing bodies.
A coordinated school improvement plan that is specific to the program could address
identified deficiencies that are specific to each program.
11. Coordination—Contracts should reference, at a minimum, the following:
?
district school board and provider’s personnel position(s) responsible for the
implementation of the contract and communication between the school board and the
provider
?
timelines and responsibilities for notification by DJJ to the district school board of the
siting of new facilities and the awarding of a contract for the construction and
operation of such facility.
DJJ is required by Section 1013.53, Florida Statutes, to notify district school boards of the
siting of new facilities and the awarding of a contract for the construction or operation of
such a facility within 30 days of the awarding of such a contract.
Contract Management
Personnel Responsible for Contract Management
All district school boards that contract for educational services with private providers must
assign district personnel to be responsible for the management of such contracts. Principals of
alternative education, dropout prevention coordinators, or other district administrators are usually
responsible for DJJ educational programs within their jurisdiction.
Guidance counselors, curriculum coordinators, and ESE specialists may possess expertise in
unique areas that will assist in the development of quality educational services for youth assigned
to DJJ programs. Guidance counselors possess knowledge of diploma options, graduation
requirements, career opportunities, counseling services, and transition services needed to assist
students in DJJ programs. Curriculum coordinators can ensure that course descriptions and
Florida Sunshine State Standards are addressed in the program’s curriculum and can assist
programs in developing creative curricular offerings such as course integration, thematic units,
and nontraditional settings for courses. If assigned as contract managers, ESE specialists may
14
?

also serve as the program’s ESE staffing specialist and ensure that the program is providing
quality ESE services to students.
Data Informed Contract Management
An evolving approach to effective contract management involves development of a contract
database. The database is developed directly from contract language and provisions. This
involves quantifying those contract provisions that can be quantified, determining compliance of
those provisions that merely involve compliance, and recording data on other activities as called
for in the contract. The primary task is to codify contract language and provisions where
appropriate into measurable units.
For example, education service contracts routinely require that all students must be properly
enrolled and assessed. Employing a contract management database would merely involve
recording the number of new student admissions over a given period of time and the number of
students verified to have been properly enrolled and assessed within the timeframes stipulated by
the contract. With regard to contract compliance items, education service contracts require
specification of the number of certified teachers and number of qualified teachers. This would
involve a periodic review of program personnel to determine the provider’s compliance status
regarding the language and provisions in the contract for certified and qualified teachers.
Periodic School District Evaluations of the Educational Program
Contract managers and other district school board personnel may wish to periodically evaluate a
contracted educational program using district ESE self-assessments, mock QARs, or mock FTE
audits. The program’s curriculum can be evaluated through a review of lesson plans and
curriculum documents and materials to determine if course performance standards and the
Sunshine State Standards are being addressed in the courses in which students are enrolled. An
evaluation of student records, MIS course schedules, and program course schedules will
determine if students are properly enrolled and receiving instruction in courses in which they are
currently enrolled.
Evaluating Student Outcomes
District school boards may evaluate the performance of contracted private providers by
identifying and tracking student outcomes. A variety of student outcomes can be identified to
assist school districts in determining the effectiveness of program practices. Outcomes may
include those that are determined when students complete their commitment and exit the
program and those related to follow-up as students reintegrate with their families, homes,
schools, employers, and communities. Outcomes at exit include entry and exit assessment
results, the number of credits earned while in the program (or grade advancement), certificates
earned, behavioral evaluations, academic progress reports, and samples of school or work
projects completed while in the program. Outcomes related to student follow-up may include
reintegration with school (including high school, vocational-technical programs, adult
educational programs, alternative programs, and community colleges), recidivism, graduation
rates, employment information, and living situation.
15
?

Quality Assurance Review
The contract management standard is comprised of one indicator that defines the roles and
responsibilities of all agencies involved with juvenile justice students and ensures appropriate
local oversight of juvenile justice educational programs. Contract management indicators are
evaluated for both direct service (district operated) educational programs and contracted (private-
provider operated) educational programs. The ratings for the contract management indicator do
not affect the overall rating for the individual program but will reflect the services of the school
district responsible for the educational program. Benchmarks against which this indicator will be
evaluated are as follows:
?
the program submits all self-report information and documents to the JJEEP offices no
later than three weeks prior to the program’s quality assurance review
?
the program is assigned an individual school number and accurately reports all MIS data,
including grades, credits, pupil progression, certificates, accurate entry and withdrawal
dates, the use of valid withdrawal codes, and diplomas earned for every eligible student
who attends the program
?
accurate attendance records are maintained by the program, and current school
membership as evidenced by enrollment in the school district MIS, including
documentation of student daily attendance records (excluding day treatment programs,
for which this is a separate indicator)
?
there is a current and approved (by the Department of Education and the Department of
Juvenile Justice) cooperative agreement with DJJ and a contract with the educational
provider when educational services are not directly operated by the school district
?
a contract manager or designated administrator has been appointed to oversee educational
program services
?
there is documentation illustrating that either the contract manager or designated
?
educational administrator is
?
?
monitoring and documenting quarterly the expenditure of all state and federal
?
educational funds provided through the school district from both publicly and
privately operated programs
?
conducting and documenting annually evaluations of the program’s educational
component
?
assisting with the development of the program’s ESE, academic, and career/technical
curriculum and annually approving any non-school district curriculum.
Questions and Answers
1.
?
Is a district school board required to have facility operating agreements with individual
agencies if the board already has a cooperative agreement with DJJ?
No. The cooperative agreement is the way-of-work document between DJJ and a district
school board. A district school board may elect to use the cooperative agreement as the
authoritative document. Depending on the number of individual sites or agencies contracting
with the district school board, the variance among those agencies, and the needs of the
system, the district may elect to create facility operating agreements with each DJJ facility
for individual variations.
16
?

2.
?
Who decides how long an education service contract shall be in effect?
It is within the sole discretion of the district school board to determine the length of the
contract. Many district school boards have a policy that sets guidelines for the terms of a
contract. It is appropriate, however, to consider the provider’s needs when developing the
contract. It is also important to consider the longevity of the provider within the school
district.
3.
?
Who is responsible for making sure the education service contract is implemented in
accordance with the guidelines?
All district school boards must designate a person or persons to manage the contract.
Whether that person is a central office administrator or a school-based administrator should
be contingent on the needs and capacity of the district school board. In order to manage a
contract effectively, a staff member of the private provider should be identified as the contact
person. Many of the contract agencies have regional headquarters that are not within the
geographical confines of the school district. It is up to the provider’s contact to ascertain
information regarding program status updates, quality assurance issues, and student concerns.
When the primary contact is someone located at a regional office, it is recommended that the
district school board cultivate a relationship with the local director or supervisor for the
purpose of resolving day-to-day issues.
4.
?
How should the day-to-day activities of the contract be managed?
It is recommended that regularly scheduled meetings be held for program providers and the
district school board designee or principal regardless of whether the program contract is
purchase service or direct service. Discussions at these meetings should focus on student
progress issues, transition processing, operating concerns, and program improvement
planning.
5.
?
Who evaluates the teachers at the program site?
In the case of a cooperative agreement, the teachers work as employees of the district school
board and, therefore, are under all rules, guidelines, and specifications associated with the
district school board’s teacher contract. Under this system, personnel assigned to the
community-based program shall be evaluated and supervised on a regular basis by school
system administrators.
In education service contracts, the educational staff is under the direct supervision of the
private provider; however, it should be noted in the contract that the district school board
retains the right to evaluate the educational program and to terminate a contract with a
provider that fails to provide qualified teachers and an appropriate educational program.
17
?

6.
?
How can the district school board ensure that the educational program is housed in
adequate and well-maintained facilities?
In managing the facilities component of the contract, the issue of preparedness is foremost. It
is recommended that the person(s) responsible for contract management have a good
understanding of available school site locations throughout the school district as well as a
good working relationship with the facilities department of the school district. When a
provider with an awarded request for proposal (RFP) approaches a district school board, the
initial discussion should include the identification of the facility. Depending on the size of
the school district and the renovations that may be required prior to authorizing the facility
for classroom use, site approval may take several months.
7.
?
What happens if the district school board has signed a contract and the required
renovations to the facility have not been completed by the opening day of classes?
Classes may not take place in locations where approval has not been granted. In cases where
the timeline for renovations is short or it appears that the expectations may not be met, the
district school board may offer the use of an alternate school site on a temporary basis for the
educational component or negotiate another solution to ensure that the students receive 25
hours of education a week.
8.
?
How are contracts canceled?
In essence, contacts may be canceled in one of two ways. First, if the contract is not renewed
at the time of expiration, it is effectively canceled. Second, the contract should stipulate the
terms of the cancellation process for both parties. It is recommended that language allowing
30-day notification by certified mail from either party in the event of termination be included
in the contract.
9.
?
How can the results of the QARs be used to improve programs?
Districts operating programs have found the following strategies to be helpful:
?
annually review educational quality assurance standards with administrators and
teachers at DJJ sites
?
compile procedure manual for documentation required by quality assurance standards
?
assist in facilitating an action plan for any standard in which the program needs
improvement
?
recommend the SIP be aligned to the QAR results as part of the needs assessment
process.
18
?

Appendix A
Section 1003.51, Florida Statutes
19
?

1003.51 Other public educational services.--
(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.
(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 and technical 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 week of the student's commitment.
21
?

The results of these assessments, together with a portfolio depicting the student's academic and
career and technical accomplishments, shall be included in the discharge package assembled for
each youth.
(f) Recommended instructional programs, including, but not limited to, career and technical
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 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
an academic improvement 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.
22
?

(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 community colleges,
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,
23
?

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.
History.
--s. 3, ch. 2004-333; s. 85, ch. 2004-357.
24
?

Appendix B
Section 1003.52, Florida Statutes
25
?

1003.52 Educational services in Department of Juvenile Justice programs.--
(1) The Legislature finds that education is the single most important factor in the rehabilitation
of adjudicated delinquent youth in the custody of Department of Juvenile Justice programs. It is
the goal of the Legislature that youth in the juvenile justice system continue to be allowed the
opportunity to obtain a high quality education. The Department of Education shall serve as the
lead agency for juvenile justice education programs, curriculum, support services, and resources.
To this end, the Department of Education and the Department of Juvenile Justice shall each
designate a Coordinator for Juvenile Justice Education Programs to serve as the point of contact
for resolving issues not addressed by district school boards and to provide each department's
participation in the following activities:
(a) Training, collaborating, and coordinating with the Department of Juvenile Justice, district
school boards, educational contract providers, and juvenile justice providers, whether state
operated or contracted.
(b) Collecting information on the academic performance of students in juvenile justice
programs and reporting on the results.
(c) Developing academic and career and technical protocols that provide guidance to district
school boards and providers in all aspects of education programming, including records transfer
and transition.
(d) Prescribing the roles of program personnel and interdepartmental district school board or
provider collaboration strategies.
Annually, a cooperative agreement and plan for juvenile justice education service enhancement
shall be developed between the Department of Juvenile Justice and the Department of Education
and submitted to the Secretary of Juvenile Justice and the Commissioner of Education by June
30.
(2) Students participating in Department of Juvenile Justice programs pursuant to chapter 985
which are sponsored by a community-based agency or are operated or contracted for by the
Department of Juvenile Justice shall receive educational programs according to rules of the State
Board of Education. These students shall be eligible for services afforded to students enrolled in
programs pursuant to s. 1003.53 and all corresponding State Board of Education rules.
(3) The district school board of the county in which the residential or nonresidential care facility
or juvenile assessment facility is located shall provide appropriate educational assessments and
an appropriate program of instruction and special education services.
(a) The district school board shall make provisions for each student to participate in basic, career
and technical education, and exceptional student programs as appropriate. Students served in
Department of Juvenile Justice programs shall have access to the appropriate courses and
instruction to prepare them for the GED test. Students participating in GED preparation
programs shall be funded at the basic program cost factor for Department of Juvenile Justice
programs in the Florida Education Finance Program. Each program shall be conducted according
27
?

to applicable law providing for the operation of public schools and rules of the State Board of
Education. School districts shall provide the GED exit option for all juvenile justice programs.
(b) By October 1, 2004, the Department of Education, with the assistance of the school districts,
shall 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. The
assessment instrument and protocol must be implemented in all juvenile justice education
programs in this state by January 1, 2005.
(4) Educational services shall be provided at times of the day most appropriate for the juvenile
justice program. School programming in juvenile justice detention, commitment, and
rehabilitation programs shall be made available by the local school district during the juvenile
justice school year, as defined in s. 1003.01(11). In addition, students in juvenile justice
education programs shall have access to Florida Virtual School courses. The Department of
Education and the school districts shall adopt policies necessary to ensure such access.
(5) The educational program shall consist of appropriate basic academic, career and technical, or
exceptional curricula and related services which support the treatment goals and reentry and
which may lead to completion of the requirements for receipt of a high school diploma or its
equivalent. If the duration of a program is less than 40 days, the educational component may be
limited to tutorial activities and career and technical employability skills.
(6) Participation in the program by students of compulsory school-attendance age as provided
for in s. 1003.21 shall be mandatory. All students of noncompulsory school-attendance age who
have not received a high school diploma or its equivalent shall participate in the educational
program, unless the student files a formal declaration of his or her intent to terminate school
enrollment as described in s. 1003.21 and is afforded the opportunity to take the general
educational development test and attain a Florida high school diploma prior to release from a
facility. A youth who has received a high school diploma or its equivalent and is not employed
shall participate in workforce development or other career or technical education or community
college or university courses while in the program, subject to available funding.
(7) An academic improvement plan shall be developed for students who score below the level
specified in district school board policy in reading, writing, and mathematics or below the level
specified by the Commissioner of Education on statewide assessments as required by s. 1008.25.
These plans shall address academic, literacy, and life skills and shall include provisions for
intensive remedial instruction in the areas of weakness.
(8) Each district school board shall maintain an academic record for each student enrolled in a
juvenile justice facility as prescribed by s. 1003.51. Such record shall delineate each course
completed by the student according to procedures in the State Course Code Directory. The
district school board shall include a copy of a student's academic record in the discharge packet
when the student exits the facility.
(9) The Department of Education shall ensure that all district school boards make provisions for
high school level youth to earn credits toward high school graduation while in residential and
28
?

nonresidential juvenile justice facilities. Provisions must be made for the transfer of credits and
partial credits earned.
(10) The district school board shall recruit and train teachers who are interested, qualified, or
experienced in educating students in juvenile justice programs. Students in juvenile justice
programs shall be provided a wide range of educational programs and opportunities including
textbooks, technology, instructional support, and other resources available to students in public
schools. Teachers assigned to educational programs in juvenile justice settings in which the
district school board operates the educational program shall be selected by the district school
board in consultation with the director of the juvenile justice facility. Educational programs in
juvenile justice facilities shall have access to the substitute teacher pool utilized by the district
school board. Full-time teachers working in juvenile justice schools, whether employed by a
district school board or a provider, shall be eligible for the critical teacher shortage tuition
reimbursement program as defined by s. 1009.58 and other teacher recruitment and retention
programs
(11) District school boards may contract with a private provider for the provision of educational
programs to youths placed with the Department of Juvenile Justice and shall generate local, state,
and federal funding, including funding through the Florida Education Finance Program for such
students. The district school board's planning and budgeting process shall include the needs of
Department of Juvenile Justice programs in the district school board's plan for expenditures for
state categorical and federal funds.
(12) The district school board shall fund the educational program in a Department of Juvenile
Justice facility at the same or higher level of funding for equivalent students in the district school
system based on the funds generated by state funding through the Florida Education Finance
Program for such students. It is the intent of the Legislature that the school district maximize its
available local, state, and federal funding to a juvenile justice program.
(a) Juvenile justice educational programs shall be funded in the appropriate FEFP program
based on the educational services needed by the student for Department of Juvenile Justice
programs in accordance with s. 1011.62.
(b) Juvenile justice educational programs to receive the appropriate FEFP funding for
Department of Juvenile Justice programs shall include those operated through a contract with the
Department of Juvenile Justice and which are under purview of the Department of Juvenile
Justice quality assurance standards for education.
(c) Consistent with the rules of the State Board of Education, district school boards are required
to request an alternative FTE survey for Department of Juvenile Justice programs experiencing
fluctuations in student enrollment.
(d) FTE count periods shall be prescribed in rules of the State Board of Education and shall be
the same for programs of the Department of Juvenile Justice as for other public school programs.
The summer school period for students in Department of Juvenile Justice programs shall begin
on the day immediately following the end of the regular school year and end on the day
29
?

immediately preceding the subsequent regular school year. Students shall be funded for no more
than 25 hours per week of direct instruction.
(e) Each juvenile justice education program must receive all federal funds for which the
program is eligible.
(13) Each district school board shall negotiate a cooperative agreement with the Department of
Juvenile Justice on the delivery of educational services to youths under the jurisdiction of the
Department of Juvenile Justice. Such agreement must include, but is not limited to:
(a) Roles and responsibilities of each agency, including the roles and responsibilities of contract
providers.
(b) Administrative issues including procedures for sharing information.
(c) Allocation of resources including maximization of local, state, and federal funding.
(d) Procedures for educational evaluation for educational exceptionalities and special needs.
(e) Curriculum and delivery of instruction.
(f) Classroom management procedures and attendance policies.
(g) Procedures for provision of qualified instructional personnel, whether supplied by the district
school board or provided under contract by the provider, and for performance of duties while in a
juvenile justice setting.
(h) Provisions for improving skills in teaching and working with juvenile delinquents.
(i) Transition plans for students moving into and out of juvenile facilities.
(j) Procedures and timelines for the timely documentation of credits earned and transfer of
student records.
(k) Methods and procedures for dispute resolution.
(l) Provisions for ensuring the safety of education personnel and support for the agreed-upon
education program.
(m) Strategies for correcting any deficiencies found through the quality assurance process.
(14) Nothing in this section or in a cooperative agreement shall be construed to require the
district school board to provide more services than can be supported by the funds generated by
students in the juvenile justice programs.
30
?

(15)(a) The Department of Education in consultation with the Department of Juvenile Justice,
district school boards, and providers shall establish objective and measurable quality assurance
standards for the educational component of residential and nonresidential juvenile justice
facilities. These standards shall rate the district school board's performance both as a provider
and contractor. The quality assurance rating for the educational component shall be
disaggregated from the overall quality assurance score and reported separately.
(b) The Department of Education shall develop a comprehensive quality assurance review
process and schedule for the evaluation of the educational component in juvenile justice
programs. The Department of Juvenile Justice quality assurance site visit and the education
quality assurance site visit shall be conducted during the same visit.
(c) The Department of Education, in consultation with district school boards and providers, shall
establish minimum thresholds for the standards and key indicators for educational programs in
juvenile justice facilities. If a district school board fails to meet the established minimum
standards, it will be given 6 months to achieve compliance with the standards. If after 6 months,
the district school board's performance is still below minimum standards, the Department of
Education shall exercise sanctions as prescribed by rules adopted by the State Board of
Education. If a provider, under contract with the district school board, fails to meet minimum
standards, such failure shall cause the district school board to cancel the provider's contract
unless the provider achieves compliance within 6 months or unless there are documented
extenuating circumstances.
(16) The district school board shall not be charged any rent, maintenance, utilities, or overhead
on such facilities. Maintenance, repairs, and remodeling of existing facilities shall be provided by
the Department of Juvenile Justice.
(17) When additional facilities are required, the district school board and the Department of
Juvenile Justice shall agree on the appropriate site based on the instructional needs of the
students. When the most appropriate site for instruction is on district school board property, a
special capital outlay request shall be made by the commissioner in accordance with s. 1013.60.
When the most appropriate site is on state property, state capital outlay funds shall be requested
by the Department of Juvenile Justice provided by s. 216.043 and shall be submitted as specified
by s. 216.023. Any instructional facility to be built on state property shall have educational
specifications jointly developed by the district school board and the Department of Juvenile
Justice and approved by the Department of Education. The size of space and occupant design
capacity criteria as provided by State Board of Education rules shall be used for remodeling or
new construction whether facilities are provided on state property or district school board
property.
(18) The parent of an exceptional student shall have the due process rights provided for in this
chapter.
(19) The Department of Education and the Department of Juvenile Justice, after consultation
with and assistance from local providers and district school boards, shall report annually to the
Legislature by February 1 on the progress toward developing effective educational programs for
31
?

juvenile delinquents, including the amount of funding provided by district school boards to
juvenile justice programs, the amount retained for administration including documenting the
purposes for such expenses, the status of the development of cooperative agreements, the results
of the quality assurance reviews including recommendations for system improvement, and
information on the identification of, and services provided to, exceptional students in juvenile
justice commitment facilities to determine whether these students are properly reported for
funding and are appropriately served.
(20) The educational programs at the Arthur Dozier School for Boys in Jackson County and the
Florida School for Boys in Okeechobee shall be operated by the Department of Education, either
directly or through grants or contractual agreements with other public or duly accredited
education agencies approved by the Department of Education.
(21) The State Board of Education may adopt any rules necessary to implement the provisions
of this section, including uniform curriculum, funding, and second chance schools. Such rules
must require the minimum amount of paperwork and reporting.
(22) The Department of Juvenile Justice and the Department of Education, in consultation with
Workforce Florida, Inc., the statewide Workforce Development Youth Council, district school
boards, community colleges, providers, and others, shall jointly develop a multiagency plan for
career education which describes the funding, curriculum, transfer of credits, goals, and outcome
measures for career education programming in juvenile commitment facilities, pursuant to s.
985.3155. The plan must be reviewed annually.
History
: s. 166, ch. 2004-5; s. 40, ch. 2004-41; s. 4, ch. 2004-333; s. 86, ch. 2004-357.
32
?

Appendix C
Rule 6A-6.05281, FAC
33
?

6A-6.05281 Educational Programs for Youth in Department of Juvenile Justice Detention,
Commitment, Day Treatment, or Early Delinquency Intervention Programs.
School districts must provide instruction to prepare all students to demonstrate proficiency in the
skills necessary for successful grade-to-grade progression and high school graduation. For
students placed in Department of Juvenile Justice (DJJ) programs, collaboration between the
DJJ, the Department of Education, school districts, and private providers is essential in order for
these students to attain this goal and become productive members of the community.
(1) Student Eligibility.
(a) Students who do not attend a local public school due to their placement in a DJJ detention,
commitment, day treatment, or early delinquency intervention program shall be provided high
quality and effective educational programs by the local school district in which the DJJ facility is
located or by a Juvenile Justice 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
local school district shall notify these students of the option of enrolling in a program to attain a
general education diploma (GED).
(c) Exceptional Student Education. All students placed in a DJJ program, who meet the
eligibility criteria for exceptional student education, shall be provided a free appropriate public
education consistent with the requirements of Chapter 6A-6, FAC. Students with disabilities, as
defined by Section 504 of the Rehabilitation Act, shall be provided the necessary aids and
services.
(d) Limited English Proficient Students. All limited English proficient students placed in a DJJ
program shall have equal access to entitled services, including assessment and appropriate
instructional strategies consistent with the requirements of Chapter 6A-6, FAC.
(2) Student Records.
(a) Content. Each school district shall maintain educational records for students in DJJ programs
as required by Section 232.23, Florida Statutes. The content of these records shall be as defined
in Rules 6A-1.0955(2)-(5) and 6A-1.0014(2), FAC, Section 228.081(3)(c)1-5, Florida Statutes,
and paragraph (5)(d) of this rule.
(b) Transfer of Educational Records. Each school district shall transfer records of students
entering or exiting DJJ programs as provided in Rules 6A-1.0955(7)(b) and 6A-1.0014(2), FAC.
Beginning with the 2000-2001 school year, each school district shall provide these students'
educational records no later than five (5) school days after the receipt of the request. Each school
district shall make available a copy of the student's transcript record, including pertinent
exceptional student education information, to designated DJJ staff for inclusion in the DJJ file
when the student exits the program. DJJ staff shall provide this information to the receiving
school district.
35
?

(c) Protection of Privacy. The requirements of Section 228.093, Florida Statutes, and applicable
rules of the State Board of Education apply to the Department of Juvenile Justice's maintenance
and transfer of these records as described in paragraphs (2)(a) and (b) of this rule.
(3) Student Assessment.
(a) To ensure high quality and effective educational programs for youth in DJJ detention,
commitment, day treatment, or early delinquency intervention programs, the school district shall
provide for the review of the student's educational records and conduct assessments, consistent
with the requirements of this subsection, in order to identify the students' functioning levels,
provide appropriate educational programs, and report the learning gains of the student.
(b) All students in DJJ commitment, day treatment, or early delinquency intervention programs,
who have not graduated from school, shall be assessed within seven (7) calendar days of the
student's commitment. The entry assessments shall include :
1. Academic measures that provide proficiency levels in:
a. Reading,
b. Mathematics,
c. Writing.
2. Vocational interest and/or aptitude measures.
(c) For the students referenced in paragraph (3)(b) of this rule, exit assessments shall include, at a
minimum, the academic measures.
(d) Students placed in a detention center and not transferring to a commitment program shall be
assessed only upon entry for academic measures. Assessment information for students in
detention centers, transferring to commitment programs, shall be sent directly to the commitment
program with the transfer of the student.
(e) Entry and exit assessment measures shall be selected that are appropriate for the age, grade,
and language proficiency, and program length of stay of the students and shall be non-
discriminatory with respect to culture, disability, and socioeconomic status.
(f) All students in DJJ detention, commitment, day treatment, or early delinquency intervention
programs shall also participate in the state and district-wide assessments required by Sections
229.57, 232.245, 232.246 and 232.247, Florida Statutes.
(g) The results of the academic measures, as required by paragraphs (3)(b) - (d) of this rule shall
be reported in the format prescribed by Rule 6A-1.0014, FAC, to the Department of Education
36
?

via the Automated Student Data System. The format for the reporting of the results of the
academic measures may include:
1. grade equivalent scores,
2. percentiles,
3. scaled scores.
(h) Beginning in the 2000-2001 school year, the Department of Education shall include the
results of these assessments in applicable statewide and school reports.
(4) Individual Academic Plans.
(a) An individual plan for educational progress shall be developed within twenty-two (22)
calendar days of student entry to DJJ detention programs and within fifteen (15) school days of
entry to DJJ commitment, day treatment, or early delinquency intervention programs. This plan
shall be based upon the student's entry assessments and past educational history and must
address the areas of academic, literacy, and life skills. The plan shall include:
1. Specific and individualized long-term goals and short-term instructional academic and
vocational/technical objectives;
2. Remedial strategies and/or tutorial instruction;
3. Evaluation procedures;
4. A schedule for determining progress toward meeting the goals and instructional and
vocational/technical objectives.
(b) Academic improvement plans, required by Section 232.245, Florida Statutes, or individual
educational plans (IEPs) developed for eligible exceptional students, 504 plans developed for
eligible students with disabilities, or individual plans developed for limited English proficient
students may incorporate the requirements of subsections (4) and (5) of this rule.
(5) Transition Services.
(a) For all students in DJJ commitment, day treatment, or early delinquency intervention
programs, an individual transition plan based on the student's post-placement goals shall be
developed cooperatively with the student, his/her parents, school district and/or contracted
provider personnel and DJJ program staff. Re-entry counselors, probation officers, and personnel
from the student's "home" school district shall be involved in the transition planning to the extent
practicable.
(b) The transition plan must address, at a minimum:
37

1. Academic re-entry goals,
2. Career and employment goals,
3. The recommended educational placement for the student.
(c) Key personnel who must be involved in entry transition activities for students in juvenile
justice programs shall include: appropriate personnel responsible for student assessment, a
guidance counselor from the school district and/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 school district who has access to the district's MIS system, and
instructional personnel.
(d) Exit portfolios shall be created for each student prior to exit from a commitment, day
treatment, or early delinquency intervention program and provided to DJJ personnel for inclusion
in the DJJ file. DJJ shall provide this information to the home school district. The exit portfolio
shall include the records required by Section 228.081(3)(c)1-5, Florida Statutes, and include at a
minimum:
1. Transition plan;
2. Results of district and state-wide assessments;
3. Individual academic plan, 504 plan, and/or individual educational plan for exceptional
students;
4. Academic record or transcript; and
5. Work and/or project samples.
(6) Instructional Program and Academic Expectations.
(a) School Day and Year. The instructional program shall consist of 250 days of instruction, ten
(10) of which may be used for teacher planning, distributed over twelve (12) months as required
by Section 228.041(43), Florida Statutes. Each school district shall collaborate with private
providers and the DJJ, as appropriate, to develop a school calendar for these programs to be
adopted by the local school board.
(b) Requirements. The instructional program shall meet the requirements of Sections 232.245,
232.246, 232.247, 232.248, 233.061 and 230.23161, Florida Statutes, and include:
1. Curricular offerings, consistent with the Florida Course Code Directory and Instructional
Personnel Assignments as adopted in Rule 6A-1.09441, FAC, that reflect the students' assessed
educational needs and meet the students' needs as identified by the individual plan as required by
paragraph (4)(a) of this rule. Students shall receive vocational/technical training, workplace
38
?

readiness training, or career awareness and exploration instruction while in the juvenile justice
program.
2. GED preparation shall meet GED course requirements specified in Rules 6A-6.0571 and 6A-
6.021, FAC., and adult education course descriptions and/or the school district's approved
GED/HSCT Exit Option must meet the requirements specified by the Department of Education.
3. Tutorial activities that are based on the students' assessed academic needs. Such activities shall
be designed to assist students in advancing to their age appropriate grade level or to assist
students in meeting their goals for reentry into the public school system, alternative schools,
adult education, vocational/technical education, employment, or post secondary education.
4. Instruction shall be individualized to address the academic and vocational/technical goals and
objectives that are outlined in each student's individual academic plan.
5. Instruction shall be delivered through a variety of instructional techniques to address students'
academic levels and learning styles.
(7) Qualifications and Procedures for Selection of Instructional Staff.
(a) The school district shall ensure that only qualified instructional staff members, consistent
with the requirements of Rules 6A-1.0502 and 6A-1.0503, FAC, are employed to provide
instruction to students in DJJ programs. Any use of non-certificated instructional staff must be
approved by the school board.
(b) School districts shall recruit and train teachers who are interested, qualified, and experienced
in educating students in DJJ programs as required by Section 230.23161(11), Florida Statutes.
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, as
required by Section 230.23161(11), Florida Statutes. (c) The school district's substitute teacher
pool shall also be available for these educational programs.
(8) Funding.
(a) To implement the Full-Time Equivalent (FTE) funding for students in DJJ programs based on
direct instructional time:
1. Student attendance shall be taken once per class period 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.
39
?

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. fire 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 228.081(2)(g) and 237.34(3)(a), Florida Statutes, at least eighty (80)
percent of the FEFP funds generated by students in DJJ programs must be spent on instructional
costs for these students and one-hundred (100) percent of the formula-based categorical funds
generated by these students must be spent on appropriate categoricals such as instructional
materials and public school technology for these students.
(c) Compliance with the expenditure requirement in Section 237.34(3)(a), Florida Statutes, 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 237.34, Florida
Statutes. If school districts enter into contracts with private providers for these educational
programs, an accounting of the expenditures, as specified in paragraph (8)(b) of this rule shall be
required by the local school board.
(9) Contracts with Private Providers.
(a) School districts may provide services directly or may enter into a contract with a private
provider to provide educational services to these youth. Beginning in 2000-2001, such contracts
with private providers shall address the responsibilities of the school district and the private
provider for implementing the requirements of this rule. The private provider shall have, at a
minimum:
1. Documented experience in providing high quality educational services or a detailed plan for
providing high quality educational services that meets applicable state and federal requirements.
2. Sufficient financial stability and resources to hire an adequate number of certified or qualified
instructional personnel.
40
?

(b) Prior to contracting with a private provider, the school district shall:
1. Review and consider the provider's past performance history, including the results of prior
Quality Assurance Reviews.
2. Review the private provider's contract, if any, with DJJ for the care and custody of the youth
in the commitment, detention, day treatment, or early delinquency intervention program to
ensure that services and resources are coordinated and not duplicative.
(c) Contracts with private providers, as described above, shall be submitted to the Department of
Education prior to the October FTE Reporting Survey for review to verify compliance with this
rule.
(d) The provider(s) of workforce development programs in the district in which the DJJ facility
is located shall be responsible for notifying the DJJ program of the requirements for enrollment
and completion of these programs. The inclusion of DJJ students in the school district's
workforce development program may be included in the contract referenced above and the
cooperative agreement required by Section 230.23161
(14), Florida Statutes.
(10) Interventions and Sanctions.
(a) If the educational program in a DJJ detention, commitment, day treatment, or early
delinquency intervention program has received an unsatisfactory rating on the educational
component of the Quality Assurance Review, does not meet the minimum standards for a
designated priority indicator of the Educational Quality Assurance Review, or has demonstrated
noncompliance with state and federal requirements, the Department of Education shall initiate a
series of interventions and graduated sanctions. Sanctions shall be initiated against programs that
have not taken appropriate corrective actions within six months.
(b) Interventions shall include:
1. The provision of technical assistance to the program.
2. The development of a corrective action plan with verification of the implementation of the
corrective actions within ninety (90) days.
3. A follow-up review of the educational program.
(c) Sanctions shall include:
1. Public release of the unsatisfactory findings, the interventions, and/or corrective actions
proposed.
41
?

2. Assignment of a monitor, master, or management team to address identified deficiencies paid
for by the local school board or private provider if included in the contract.
3. Reduction in payment or withholding of state and/or federal funds.
(d) If the sanctions proposed in paragraph (10)(c) of this rule are determined by the Department
of Education and DJJ to be ineffective in correcting the deficiencies in the educational program
and improving the quality of the program, the State Board of Education shall have the authority
to require further actions, which shall include:
1. Requiring the school board to revoke the current contract with the private provider, if
applicable;
2. Requiring the school board to contract with the private provider currently under contract with
DJJ for the facility; or
3. Requiring the school board to transfer the responsibility and funding for the educational
program to another school district.
(e) Each school district is responsible for ensuring that appropriate educational services are
provided to students in the district's juvenile justice programs, regardless of whether the services
are provided directly by the school district or through a contract with a private provider
(11) Coordination. The cooperative agreement between the local school district and DJJ, required
by Section 230.23161 (14), Florida Statutes, shall be submitted to the Department of Education
prior to the October, FTE Reporting Survey. The timelines and responsibilities, as required by
Section 235.1975, Florida Statutes, for the notification by DJJ to the local school board of the
siting of new facilities and the awarding of a contract for the construction or operation of such a
facility shall be included in the agreement.
Specific Authority 228.051(2) FS. Law Implemented 228.051, 230.23161 FS. History - New 4-
16-2000.
42
?

Appendix D
Sample Cooperative Agreement
43
?

Cooperative Agreement between
The School Board of _______ County, Florida
and
The Florida Department of Juvenile Justice
The School Board of _______County (School Board) and the Department of Juvenile Justice
(DJJ) enter into this agreement effective upon the last signature date. The parties agree to the
following:
I. Purpose
The School Board and DJJ are committed to cooperate in the development of programs designed
to provide a comprehensive system of care that meets the health, educational, mental health, and
social welfare needs of children and youth served in juvenile justice settings.
Because each agency has specific statutory responsibilities and resources to provide for the needs
of these children and youth, it is only through a concerted effort of interagency cooperation that a
full array of services can be assured.
The Superintendent of Schools and DJJ administrators within the county shall develop and
support joint program initiatives that will facilitate the more effective and efficient delivery of
services for children and youth served in DJJ settings including residential programs, detention
centers, and youth under any non-residential supervision.
The purpose of this agreement is to ensure that in the implementation of applicable provisions of
Florida’s statutes and rules, the School Board is the responsible agency and exercises general
authority over all education programs within the county.
This agreement also ensures that the School Board and DJJ shall cooperatively plan for the
provision of education and social services to all children and youth who are for eligible and in
need of such services. This agreement replaces and terminates any prior agreements between DJJ
and the School Board in regards to matters covered by this agreement.
II.
?
Roles and Responsibilities
DJJ and the School Board agree that the stated purposes can be achieved only through
coordinated planning, resource sharing, and staff training.
To accomplish this goal, the agencies agree to:
1.
?
Assign staff to meet regularly to exchange pertinent information regarding agency
?
regulations and policies
?
2.
?
Clarify agency responsibilities through a joint procedures manual
44

3.
?
Conduct joint facility needs assessments, planning, implementation, and evaluation
activities
4.
?
Encourage local staff and parent participation in planning, program development, and
staffing
5.
?
Monitor and effectively implement state legislation concerning the education of students
in DJJ settings
6.
?
Share applicable student/client information in a manner consistent with rules and
?
regulations dealing with confidentiality
?
7.
?
Share the responsibility of providing technical assistance in the development,
?
implementation, and evaluation of effective programs
?
8.
?
Disseminate this agreement to appropriate personnel in each agency and provide
?
technical assistance in the implementation of the requirements of the agreement
?
9.
?
Participate in a School Board/DJJ Workgroup. The Workgroup shall
a.
?
provide a liaison network between the two agencies
b.
?
monitor the implementation of this agreement
c.
?
receive and review questions concerning apparent conflicts in agencies
regulations/policies and practices and recommend resolution
d.
?
provide for the regular exchange of agency information.
Responsibilities of the DJJ
To implement this agreement, DJJ shall:
1.
?
Receive and utilize technical assistance from the School Board regarding the
development and implementation of any rules/policies developed by DJJ pertaining to the
provision of educational programs for students in DJJ or DJJ-supported facilities in a
manner consistent with state and federal laws, rules, and regulations
2.
?
Receive and utilize information regarding educational best practices for students in DJJ
or DJJ-supported facilities disseminated by the Florida Department of Education, Bureau
of Instructional Support and Community Services
45
?

3.
?
Establish procedures for informing the School Board of projected or new facilities being
placed within the School Board’s jurisdiction
4.
?
Anticipate and assist in the monitoring and evaluation of programs for students served in
DJJ settings to ensure compliance with applicable state and federal laws, rules, and
regulations
5.
?
For each student exiting a DJJ facility, develop transition plan, jointly, involving a
representative of the Board in planning for the student’s next placement (DJJ and the
School Board representative shall document the Transition Plan jointly.)
Responsibilities of the School Board
To implement this agreement, the School Board shall:
1.
?
Furnish adequate classroom teachers and teacher assistants at DJJ facilities at which
School Board personnel provide direct instruction; substitute teachers, if available, will
be provided when the regular classroom teacher is absent
2.
?
Implement a year-round program with qualified staff members
3.
?
Furnish textbooks and classroom teaching supplies to DJJ facilities at which School
Board personnel provide direct instruction
4.
?
Provide a direct line administrator responsible for staff supervision, training, curriculum
design, and program implementation; this staff administrator will also ensure compliance
with Department of Education (DOE) rules and regulations pertaining to alternative
education programs
5.
?
Disseminate information about and assist in the development and adoption of promising
educational practices for students in DJJ or DJJ-supported facilities
6.
?
Coordinate activities for the identification, location, and evaluation of all children served
in educational programs in DJJ settings
7.
?
Provide general supervision of educational services through:
a.
?
a review of the procedures documents for providing education programs to
determine compliance with provisions of the agreement and applicable State
Board of Education rules
b.
?
monitoring and evaluating education programs provided for students by or
through DJJ-supported facilities to ensure compliance with Florida statutes,
applicable federal laws, rules, and regulations
46
?

8.
?
Provide technical assistance to DJJ in the development, coordination, and review of
personnel training needs for contracted staff responsible for providing education and
related services to students in DJJ or DJJ-supported facilities.
III. Administrative Procedures
Timelines
This cooperative agreement shall become effective with the signature of the School Board and
DJJ and will continue for a period of four (4) years. This agreement will be reviewed annually,
and either party may request amendments at such time as the agreement is reviewed. Any
proposed amendments or modifications shall be submitted in writing by either party at least
thirty (30) days prior to formal discussion or negotiation on the issue. Any amendments shall
become effective only if agreed to in writing observing all the formalities of this agreement.
Confidentiality
Each agency will protect the rights of students and juvenile justice youth with respect to records
created, maintained, and used by public institutions within the state. It is the intent of this
agreement to ensure that parents, students, and juvenile justice youth have the rights of access,
the rights of challenge, and the rights of privacy with respect to records and reports, and that
applicable laws and regulations for these rights shall be strictly adhered to. Necessary student
information will be shared between agencies in accordance with Florida Statutes.
Notice Provision
When any of the parties desire to give notice to the other, such notice must be in writing, sent by
U.S. Mail, postage prepaid, addressed to the party for whom it is intended at the place last
specified; the place for giving notice shall remain such until it is changed by written notice in
compliance with the provision of the paragraph.
To the School Board:
?
Superintendent
To DJJ:
?
(Please insert contact person for residential issues)
(Please insert contact person for probation and zero
tolerance issues)
47
?

Indemnification Clause
Both parties shall assist in the investigation of injury or damages either for or against either party
pertaining to their respective areas of responsibility or activities under this contract and shall
contact the other party regarding the legal actions deemed appropriate to remedy such damage or
claims.
Authority
Each person signing this agreement on behalf of either party individually warrants that he or she
has full legal power to execute this agreement on behalf of the party for whom he or she is
signing, and to bind and obligate such party with respect to all provisions contained in this
agreement.
Each agency specifies by position the persons who have primary responsibility for implementing
and signing the agreement.
IV. Allocation of Resources
So that the mutually agreed-upon objectives of the agreement can be adequately met, resources
from the School Board and DJJ will be allocated based on the previously identified roles and
responsibilities of each agency.
DJJ agrees to:
1.
?
maintain responsibility and make final decisions for youth while not in the educational
programs relative to student care, to include security, housing, feeding, clothing, non-
instructional record keeping, evaluation, discipline, medical services and supervision of
youth
2.
?
work jointly with educational personnel on matters relative to discipline and educational
programming during the instruction process
3.
?
provide facilities, including utilities and maintenance, to house the educational program
The School Board agrees to:
1.
?
provide a free appropriate public education, including but not limited to academic,
vocational, and special education services as appropriate for students 5 –18 years of age,
consistent with all state and federal rules, regulations, and laws
2.
?
purchase and maintain materials, equipment, and supplies used in the students’
?
educational program
?
48
?

3.
?
disseminate information about and assist in the development and adoption of promising
educational practices for students in DJJ or DJJ-supported facilities
4.
?
coordinate activities for the identification, location, and evaluation of all children served
in educational programs in DJJ settings
5, provide general supervision of educational services through
a.
?
review of the procedures documents for providing educational programs to deter-
mine compliance with provisions of this agreement and applicable State Board of
Education rules
b.
?
monitoring and evaluating education programs provided by or through DJJ-
supported facilities for students to ensure compliance with Florida Statutes,
applicable federal laws, rules, and regulations
6.
?
provide technical assistance to the DJJ in the development, coordination, and review of
personnel training needs for staff responsible for providing education and related services
to students in DJJ or DJJ-supported facilities
V. Educational Evaluation
DJJ and the School Board agree to:
1.
?
develop an integrated assessment process to ensure that all youth, including students with
educational exceptionalities and special needs, are evaluated for the purpose of
determining the most appropriate educational, residential, and treatment programs
2.
?
collaboratively define assessment protocols for intake, service implementation, and
transition planning
3.
?
collaboratively define and implement evaluations of treatment and educational services
VI. Curriculum and Instruction
DJJ and the School Board agree to ensure that:
1.
?
the education, treatment, and residential programs are integrated
2.
?
educational services follow a defined curriculum appropriate to the student’s age and
identified needs and are consistent with the DJJ or DJJ-supported facility’s length of
program services
3.
?
instructional delivery methods are appropriate for the target student population
4.
?
pre-test and post-test measures for content areas are available and utilized
49

5.
?
all youth have an individually prescribed, integrated treatment/education plan
6.
?
the courses offered are in accordance with the Florida Course Code Directory
7.
?
GED prep courses and the GED Exit Option Program are available to the students
8.
?
they will provide a 250-day instructional calendar, 10 of which may be used for in-
service training and planning.
9.
?
students will receive a minimum of 25 hours of instruction weekly
VII. Classroom Management and Attendance
DJJ and the School Board agree to ensure that:
1.
?
there is a written common discipline plan for the educational and treatment programs
agreed to by the Superintendent of each facility and the Director of the educational
program, and between DJJ and the Board
2.
?
specific procedures for out-of-control students and class attendance are included in each
facility’s operation manual
3.
?
all classes will be conducted with a minimum of one classroom teacher and one DJJ staff
member
4.
?
all students will be required to attend class in accordance with School Board policy
5.
?
they will work cooperatively in scheduling DJJ programs to minimize interference with
school attendance
6.
?
they will follow the School Board-provided testing calendar for state tests
7.
?
they will collaborate on the educational calendar, providing school days, in-service days
and holidays
VIII. Qualified Instructional Personnel
DJJ and the School Board agree to the following:
1.
?
professionals instructing students are Florida certified (or otherwise appropriately
qualified), including Florida ESE certification or willingness to work toward Florida ESE
certification, or provide evidence to the School Board that they have applied for Florida
certification
50
?

2.
?
instructional staff are assigned to dropout prevention activities relating to their specific
duties and responsibilities as provided for in the School Board’s approved Dropout
Prevention Plan
IX. Teaching Skills
DJJ and the School Board agree to the following:
1.
?
jointly evaluate needs of instructional personnel to effectively serve juvenile delinquents
2.
?
cooperatively develop and provide pre-service, in-service, and creative staff development
programs
3.
?
support continuing education efforts by instructional personnel
X. Transition
DJJ and the School Board agree to coordinate the preparation and planning necessary for student
movement within and between programs, involving educational, facility, and aftercare staff in
addition to other appropriate personnel, significant others, and program or agency
representatives. Transition is the driving force behind the youth performance contract and
educational plan, where the emphasis is placed on change as opposed to compliance; that is,
what the student learns at the facility is solidified so that he or she can apply it effectively on
transition to home, school, and community.
DJJ and the School Board agree the ensure that:
1.
?
a specific transition program is in place at the facility and in the school system
2.
?
a transition plan is developed for each of the students upon admission to the program, is
incorporated into the performance contract, and is reviewed on a regular basis
3.
?
transition planning involves educational, facility, and aftercare staff in addition
?
to designated individuals from outside agencies and/or programs
?
4.
?
DJJ will notify the educational services provider thirty (30) days prior to a student’s
preparing to exit the program
5.
?
student records (including educational records contained in the commitment packet) will
be accessed by the educational staff upon a student’s entry into the program
51
?

XI.
Student Records
Responsibilities of the School Board
To implement this agreement, the School Board shall:
1.
?
maintain grade books including Sunshine State Standards checklists
2.
?
enter grades into computer system at the end of each semester. For youth exiting program
prior to semester end, progress reports shall be completed and forwarded to the receiving
school
3.
?
transfer and receive records via the student’s DJJ commitment packet
To implement this agreement, DJJ shall
1.
?
ensure that all student records from previous schools attended shall be included in the
youth’s commitment package prior to entry into a DJJ facility
XII. Interagency Disputes
In instances of interagency conflict, differences shall be resolved in accordance with the
following procedures:
Mediation or Conflict Resolution Procedures
1.
?
Staff from the grieving agency shall provide written communication that identifies the
conflict, proposed action, and a summary of factual, legal, and policy grounds.
2.
?
Staff from the receiving agency shall provide written response, which includes proposed
solutions to the conflict, within forty-five (45) days of receipt of the notice of conflict
3.
?
Upon resolution of the conflict, a joint written statement indicating the resolution will be
developed and disseminated by a representative from each agency
4.
?
Should further action be required, a report from each agency will be submitted to the
appropriate agency heads for resolution
5.
?
Should further action be required to resolve a conflict, state agency heads shall request an
administrative hearing consistent with the procedures in s. 120.57(1), F.S., the
Administrative Procedures Act. The resolution of all the conflicting issues while this
agreement is in effect will occur at the lowest level possible.
52
?

XIII.
Safety and Support
Responsibilities of the DJJ
To implement this agreement, DJJ shall:
1.
?
provide a safe and secure environment for all youth and personnel
2.
?
investigate all safety violation incidents that arise
3.
?
participate and assist in the monitoring and education programs provided by or through
DJJ supported facilities to ensure compliance with Florida statutes, applicable federal and
state laws, rules, and regulations (This statement in no way abrogates the Board’s
responsibility in monitoring educational programs.)
4.
?
implement recommendations made through the evaluation process
Responsibilities of the School Board
To implement this agreement, the School Board shall
1.
?
monitor and evaluate education programs provided by or through DJJ-supported facilities
to ensure compliance with Florida statutes, applicable federal and state laws, rules, and
regulations
2.
?
make and implement recommendations made through the evaluation process
XIV. Correction of Deficiencies
The agencies shall agree to jointly:
1.
?
review facility Quality Assurance Report
2.
?
determine action steps necessary to implement recommendations in the Report
3.
?
determine responsibility for each action step to be implemented
4.
?
establish timeframes to implement recommendations
XV. No Contact Orders and Zero Tolerance
DJJ and the School Board agree, pursuant to s. 1006.13, F.S., to the following guidelines for
ensuring that all children who have been found to have committed one or more of the
53
?

enumerated felony offenses in s.1006.13(5)(a), F.S., or has had a no contact order entered by the
court are reported and that all steps necessary are taken to protect the victim.
To implement this agreement, DJJ shall notify:
1.
?
the School Board at the time of adjudication, withholding of adjudication, or plea of
guilty or nolo contendere for the following felony offenses: homicide, assault, battery,
culpable negligence, kidnapping, false imprisonment, luring or enticing a child, custody
offenses, sexual battery, lewdness and indecent exposure, abuse of children, robbery,
robbery by sudden snatching, carjacking, home-invasion-robbery, if the offender and the
victim or the victim’s sibling(s) attends school in the same school district or ride the same
school bus; notification will be from DJJ to one person or office designated by the School
Board
2.
?
the School Board when a judge enters a No Contact Order; notification will come from
the DJJ to the person or office designated by the School Board
3.
?
the victim’s parents or legal guardian of the right to attend the sentencing or disposition
of the offender and the right of the victim to request that the offender be required to
attend a different school
4.
?
the School Board when a court orders that the offender and the victim and the victim’s
sibling(s) are allowed to attend the same school; DJJ will send the notification to the
person or office designated by the School Board
To implement this agreement, the School Board shall:
1.
?
facilitate allowing the offender to attend another school in the district provided the other
school is not attended by the victim or sibling of the victim
2.
?
facilitate allowing the offender attend a school in a different district if the offender is
unable to attend a different school in the same district
3.
?
agree that if the offender is unable to attend school in a different school district or is
unable to attend a different school within the district, the school district shall take
appropriate steps to take any reasonable precaution necessary to keep the offender
separated from the victim and victim’s siblings in school and on school transportation;
the steps include but are not limited to: in school suspension of the offender, and the
scheduling of classes, lunch, or other school activities of the victim and the offender so as
not to coincide
4.
?
work with the parents in order to facilitate the parents paying for transportation if the
offenders attend a different school; the School Board will provide this transportation if it
exists at no additional cost
54
?

The School Board of ______________ County, Florida
By
Date Signed
School Board Chairperson
Attest
Superintendent
State of Florida Department of Juvenile Justice
By
Date Signed
Regional Director or Assistant Secretary for
Residential and Correctional Facilities
55
?

Back to top


Appendix E

Back to top


Cooperative Review Sheet
57
?

Florida Department of Education
2004-2005 Juvenile Justice Education Cooperative Agreement Review
School District
DJJ Program
School District Contact
Phone
Date Received
Reviewer
Type of Agreement: Individual/Multiple Sites
(circle one)
Cooperative Agreements
Section 1003.52(13), Florida Statues, requires each school district with one of more juvenile justice
facilities to negotiate a cooperative agreement with he Department of Juvenile Justice on the delivery of
educational services to youth under the jurisdiction of the department. Each cooperative agreement
must contain the requirements detailed in Section 1003.52(13), Florida Statutes. These requirements are
provided below with a checklist of indicators.
Comments*
Cooperative Agreement Element
General provisions
!
 
Date cooperative agreement takes effect and how long in effect
!
 
Notice provision
!
 
Mutually agreed upon procedures for implementing the cooperative
agreement
!
 
Renegotiations and notification process
!
 
Indemnification clause
!
 
Authority to create agreement
Section 1006.
13, Florida Statutes
Guidelines for ensuring that all No Contact orders entered by the court
are reported and enforced and that all steps necessary are taken to
protect the victim of any such crime
Rule 6A-6.
05281(11), FAC
Cooperative agreement must include timelines and responsibilities for
the notification by DJJ to the local school board for the siting of new
facilities and the awarding of contracts for the construction and
operation of such a facility shall be included in the agreement
*Y (Yes) N (No) MNS (Mentioned, Not Specific) RSD (Referenced in Supporting Documents)
Item
Comments*
Cooperative Agreement Element
1
Section 1003.
52(13)(a), Florida Statutes, Roles and responsibilities of each agency,
including the roles and responsibilities of contract providers.
!
 
School board responsibilities
!
 
DJJ responsibilities
!
 
Shared responsibilities
!
 
Description of joint assessment, planning, implementation and evaluation f program
activities: state and federal legislation implementation
2
Section 1003.
52(13)(b), Florida Statutes, Administrative issues including procedures for
sharing information.
!
 
Procedures for assessing DJJ, school board, psychological and medical information
!
 
Protection of privacy of student records pursuant to Section 228.093, Florida Statutes
!
 
Sharing of administrative information
59

3
Section 1003.
52(13)(c), Florida Statutes, Allocation of resources including
maximization of local, state, and federal funding
.
!
 
Number of students estimated to be enrolled
!
 
FEFP requirements of attendance
!
 
Procedure for direct instructional time
*90% of FEFP funds must be spent on instructional costs and 100% of the formula-based
categorical funds must be spent on appropriate categoricals such as instructional materials
and public school technology [s.1003.51(2)(g), Florida Statutes]
4
Section 1003.
52(13)(d), Florida Statutes, Procedures for educational evaluation for
educational exceptionalities and special needs
!
 
Assessment procedures and services for ESE students
!
 
Assessment procedures and services for LEP students
!
 
Identification process and services for disabilities covered under the 504 Rehabilitation Act
!
 
School board positions responsible for the services listed above
5
Section 1003.
52(13)(e), Florida Statutes, Curriculum and delivery of instruction
!
 
Academic and vocational course offering based on identified needs of student
!
 
Courses meets Florida Course Code Directory
!
 
GED Prep, GED Exit Option
!
 
Days in school year and explanation as to any days less than 240 days
!
 
Methods used for delivery of instruction
!
 
Academic expectations
!
 
Statements concerning the integration of treatment and education when applicable
6
Section 1003.
52(13)(f), Florida Statutes, Classroom management procedures and
attendance policies
!
 
Staff in charge of class.
!
 
DJJ or program personnel present during educational activities
!
 
Policies as to expulsion or suspension
!
 
School board policies relevant to attendance
!
 
Notification of DJJ or program activities that will interfere with school attendance
!
 
Notification procedures for state and district-wide testing
!
 
Relevant agency and school board calendars
!
 
Collaboration to implement common classroom management and discipline procedures
7
Section 1003.
52(13)(g), Florida Statutes, Procedures for provision of qualified
instructional personnel, whether supplied by the school district or provided under
contract by the provider, and for performance of duties while in a juvenile justice
setting
!
 
Number of certified positions
!
 
Number of non-certified teaching positions and assignments
!
 
Number of on-site school board administrative or support position and duties
!
 
Description of how teachers are selected by the school district in consultation with the
director of the facility
8
Section 1003.
52(13)(h), Florida Statutes, Provisions for improving skills in teaching
and working with juvenile delinquents
!
 
Number of days provided for in-service training
!
 
Availability of training
9
Section 1003.
52(13)(i),Florida Statutes, Transition plans for students moving into
and out of juvenile facilities
!
 
Timelines for notifying appropriate educational personnel of students preparing to exit the
program
!
 
Accessing and transferring student educational information
!
 
Assessment procedures
!
 
Student planning procedures
!
 
Transition procedures
!
 
Responsibility of agencies for the transition process according to Rule 6A-6.05281, FAC
10
Section 1003.
52(13)(j),Florida Statutes, Procedures and timelines for the timely
documentation of credits earned and transfer of student records
!
 
Student records request process
!
 
Content of student records
!
 
Interagency transfer of records via school board and DJJ
!
 
Enrollment procedures
!
 
Protection of privacy clause
!
 
Exit portfolios according to Rule 6A-6.05281(5)(d)
60
?

11
Section 1003.
52(13)(k),Florida Statutes, Methods and procedures for dispute
resolution
!
 
Mediation or conflict resolution procedures
!
 
Responsibility for the dispute resolutions when disputes cannot be resolved on program
level
12
Section 1003.
52(13)(l),Florida Statutes, Provisions for ensuring the safety of
education personnel
!
 
Security measures that will be taken by DJJ to ensure the safety of the educational
personnel
!
 
DJJ or program staff ratio required during school activities
13
Section 1003.
52(13)(m),Florida Statutes, Strategies for correcting any deficiencies
found through the quality assurance process
!
 
Mutual review of quality assurance findings
!
 
Procedures and timelines for correcting deficiencies found through the QAR
*Y (Yes) N (No) MNS (Mentioned, Not Specific) RSD (Referenced in Supporting Documents)
61
?

62

Appendix F
Sample DJJ-Developed
No Contact Order
Agreement
63
?

64

Department of Juvenile Justice
Sample Cooperative Agreement to Implement Provisions of
Section 1006.13, Florida Statutes
Pursuant to Sections 1006.13 [230.235] and 1006.13(5) [232.265], Florida Statutes.
The Department of Juvenile Justice Probation Circuit ______ and __________ County School
District agree to the following guidelines for ensuring that all children who have been found to
have committed one or more of the enumerated felony offenses in section 232.265 Florida
Statutes or have had a no contact order entered by the court are reported and that all steps
necessary are taken to protect the victim.
The Department of Juvenile Justice Probation Circuit ______ agrees to the following:
1.
?
DJJ Probation Circuit ______ will notify __________ County School District at the time
of adjudication, withholding of adjudication, or plea of guilty or nolo contendere for the
following felony offenses: homicide, assault, battery, culpable negligence, kidnapping,
false imprisonment, luring or enticing a child, custody offenses, sexual battery, lewdness
and indecent exposure, abuse of children, robbery, robbery by sudden snatching,
carjacking, home-invasion-robbery, if the offender and the victim or the victim’s
sibling(s) attends school in the same school district or rides the same school bus.
Notification will be given by the DJJ Probation Circuit ______ Office to one person or
office designated by ___________ County School District
2.
?
DJJ Probation Circuit ______ will notify ___________ County School District when the
judge enters a “No Contact Order.” Notification will come from the DJJ Probation Circuit
______ Office to the person or office designated by the ____________ County School
District.
3.
?
DJJ Probation Circuit ______ will notify the victim’s parents or legal guardian of the
right to attend the sentencing or disposition of the offender and the right of the victim to
request that the offender be required to attend a different school.
4.
?
___________ County School District agrees to facilitate allowing the offender to attend
another school in the district provided the other school is not attended by the victim or
sibling of the victim.
5.
?
___________ County School District agrees to facilitate allowing the offender attend a
school in a different district if the offender is unable to attend a different school in the
same district.
6.
?
___________ County School District agrees that if the offender is unable to attend school
in a different school district or is unable to attend a different school within the district, the
school district shall take any reasonable precaution necessary to keep the offender
separated from the victim and victim’s siblings in school and on school transportation.
Precautions include but are not limited to
65
?

7.
?
___________ County School District will work with the parents of the offender in order
to facilitate the parents paying for transportation if the offenders attend a different school.
___________ County School District will provide this transportation if it exists at no
additional cost.
8.
?
DJJ Probation Circuit ______ will notify the ___________ County School District when
the court orders that the offender and the victim and the victim’s sibling(s) are allowed to
attend the same school. The DJJ Probation Circuit ______ office will send the
notification to the person or office designated by the ___________ County School
District.
66
?

Back to top


Appendix G

Back to top


Sample Educational Services Contract
67
?

2004-2005 CONTRACT FOR EDUCATIONAL SERVICES
BETWEEN
THE ________ COUNTY, FLORIDA SCHOOL BOARD
AND
___________________________ (PROVIDER)
THE SCHOOL BOARD OF _____________ COUNTY, FLORIDA, hereinafter referred to
as the
BOARD,” and
, hereinafter referred to as “AGENCY,” enter
into this annual contractual agreement.
WHEREAS, the BOARD must fulfill its constitutional obligation to educate children of
compulsory school age; and
WHEREAS, the BOARD has determined that some children need alternative settings and /or
instructional strategies to achieve their educational goals; and
WHEREAS, the AGENCY accepts, as clients, children who are residents of the STATE OF
FLORIDA and who are now enrolled in educational programs under the jurisdiction of the
BOARD; and
WHEREAS, the AGENCY is designated by the BOARD as an approved deliverer of educational
services to the youth services clients enrolled in or remanded to its program; and
WHEREAS, the AGENCY operates the
?
education program.
NOW, THEREFORE, in consideration of the mutual covenants embodied herein, and other
valuable considerations, the parties to this contract mutually agree as follows:
I
.
?
TERMS OF THE AGREEMENT
1.
?
TERM - This Agreement shall be in effect from July 1, 2004, or the date of Board
approval, whichever is later, and continue through June 30, 2005. The term of
this Agreement is based on a 250-day school term as required by state statute and
as approved by the BOARD in accordance with the BOARD approved calendar.
2.
?
DISPUTE RESOLUTION –
a.
?
In the event that an audit is performed on the AGENCY’s educational
program and it is determined by the Auditor General and/or Department of
Education that the program is not in compliance, the AGENCY agrees that
upon final decision disallowing FTE award, the AGENCY shall be
responsible for its full portion of the disallowed FTE provided such failure
is not attributable to the action or inaction of the BOARD. The AGENCY
agrees to comply with the programmatic elements necessary to receive
FTEs and any disallowance shall be the liability of the AGENCY. The
69
?

BOARD shall be responsible for that portion of the FTE allocation kept
for administrative purposes.
b.
?
In the event of a dispute as to matters in this contract, both the BOARD
and the AGENCY agree such dispute shall be resolved by informal or
formal procedures consistent with Section 120-57, Florida Statutes of the
Florida Administrative Procedures Act. The parties agree that prior to any
such action, they will submit the matter for mediation by the Department
of Education.
3.
?
NOTICE PROVISION – When any of the parties desire to give notice to the
other, such notice must be in writing, sent by US Mail, postage prepaid, addressed
to the party for whom it is intended at the place last specified; the place for giving
notice shall remain such until it is changed by written notice in compliance with
the provision of the paragraph. For the present, the parties designate the
following as the respective places for giving notice:
To the School Board
With a Copy to:
Agency:
4.
?
INDEMNIFICATION CLAUSE – Each party assumes the responsibility for the
negligence of its own respective employees, appointees or agents, while acting in
the scope of their employment, and each party will defend its own respective
employees, appointees or agents in the event of any claim for damages or lawsuits
for any remedy. Nothing herein shall be construed as a waiver of the BOARD’S
or the AGENCY’s sovereign immunity.
5.
?
AUTHORITY – Each person signing this Agreement on behalf of either party
individually warrants that he or she has full legal power to execute this
Agreement on behalf of the party for whom he or she is signing, and to bind and
obligate such party with respect to all provisions contained in this agreement.
70
?

6.
?
NON-DISCRIMINATION – The parties shall not discriminate against any
employee or participant in this program because of race, age, religion, color,
gender, national origin, marital status, disability or sexual orientation.
7.
?
AMENDMENT – This Agreement may be modified or amended only by mutual
written consent of the parties hereto.
8.
?
TERMINATION – Either party reserves the right to terminate this Agreement, for
any reason, upon notifying the other party by United States Postal Service
certified mail, return receipt requested. Termination of the Agreement shall be
effective sixty (60) calendar days from the date notice was received.
II.
?
STUDENT ELIGIBILITY
1.
?
EDUCATIONAL SERVICES – The AGENCY’S curriculum shall be
challenging, provoke critical thinking, and incorporate survival skills, goal
setting, and the achievement of socially acceptable behavioral patterns.
Instruction shall facilitate learning and build self-esteem by incorporating a
variety of modalities.
2.
?
ESE SERVICES – The AGENCY agrees to provide students exceptional student
education (ESE) in accordance with their IEPs (Individual Educational Plans) and
provide certified ESE teachers to deliver these services.
3.
?
504 SERVICES – The AGENCY agrees to comply fully with Section 504 of the
Rehabilitation Act of 1973. Students will be provided appropriate accommo-
dations according to their current 504 Plan.
4.
?
LEP SERVICES – The AGENCY agrees to provide Limited English Proficient
(LEP) students instruction by ESOL certified teachers in accordance with their
current LEP plan.
5.
?
GED ACCESS – The AGENCY agrees to notify students who have filed a form
indicating their intent to terminate school enrollment of the option of enrolling in
a program to attain a General Educational Development (GED) diploma.
6.
?
EDUCATIONAL PERSONNEL –
a. BOARD - (1) Contract Manager
?
ESE Technical assistance
?
71
?

b.
AGENCY -
(1) Education Director
(1)
?
Quality Assurance/ Contract Manager
(1)
?
ESE/Transition Coordinators
Teachers (approximate 1/16 ratio)
Substitute Teacher/s (as needed)
(1)
?
Data Entry Clerk
III.
?
STUDENT RECORDS
1.
?
REQUEST FOR RECORDS – Upon entry of a student the AGENCY’s appointed
clerical aide will request the educational records (including ESE information)
from all previous schools of attendance.
2.
?
REQUIRED CONTENT – The educational records shall include, but not be
limited to, academic assessments, psychosocial profiles, grade reports, attendance
data, current IEP, and cumulative records.
3.
?
MIS ENROLLMENT - The AGENCY’s clerical aide will enter the appropriate
MIS data.
4.
?
STORAGE OF RECORDS – The AGENCY shall maintain individual records in
a form prescribed by the BOARD for each student. Records should be stored at
the site for a period of three years. At the end of the three-year period, said
records shall be transferred to the District.
5.
?
SHARING OF RECORDS – The BOARD shall make available, upon request of
the AGENCY, records in its possession for AGENCY clients.
6.
?
CREDITS AND GRADES – Upon the student’s withdrawal from the program,
the AGENCY will award credits and grades earned and will issue a final
cumulative transcript.
7.
?
PRIVACY CLAUSE - The AGENCY shall comply fully with laws, policies, and
rules guaranteeing the confidentiality of student educational records and access
thereto.
8.
?
TRANSFER OF RECORDS - The AGENCY shall make the student’s permanent
record card and current transcript part of the exit transition package.
IV.
?
STUDENT ASSESSMENT
1.
?
ASSESSMENT INSTRUMENTS
a. Academic – KTEA, OWLS, TABE, WRAT, New Century, BASIS, STAR,
CCC, Brigance or other academic assessment proposed by the AGENCY and
approved by the BOARD
72
?

b. Vocational – COPS, Florida View, Choices or other vocational assessment
proposed by the AGENCY and approved by the BOARD
2.
?
ASSESSMENT ADMINISTRATION – The AGENCY shall inform the BOARD
of the person or persons in charge of administering assessments.
3.
?
TIMEFRAMES – The AGENCY will administer pre-tests within 10 days of entry
into the program and within the 10 day period prior to the student exiting the
program.
4.
?
ACADEMIC PLACEMENT AND PLANNING – The AGENCY shall conduct
an academic assessment of each student upon intake. The results of this
assessment combined with the student’s previous class schedule and educational
goals shall determine the instructional strategies employed while the student is
enrolled in the AGENCY’s educational program. All courses offered must lead
toward a standard high school diploma or ESE special diploma. For special
education students, the ESE teacher, or the regular teacher in consultation with the
ESE teacher, shall modify the curriculum as stated on the IEP.
5.
?
STATE ASSESSMENTS – The AGENCY shall appoint a person or persons
responsible for administering the HSCT and FCAT examinations. The
responsible party/s shall attend all BOARD training sessions for administering the
tests. The GED test will be administered at the BOARD’S Family Service Center
after all prerequisites have been met.
6.
?
INTAKE PROCEDURES - The AGENCY shall provide the BOARD with its
written procedures governing intake, evaluation, dismissal, and separation of
students.
V.
?
INDIVIDUAL ACADEMIC PLANS
1.
?
REQUIREMENTS - The AGENCY will prepare an Individual Academic Plan
(IAP) for all non-ESE students on a BOARD approved IAP form.
2.
?
PERSONS RESPONSIBLE – The Education Coordinator, Transition Specialist
and the Instructional staff are responsible for preparing IAPs for non-ESE
students.
3.
?
TIME FRAME – The AGENCY will prepare the entering non-ESE student’s IAP
within 15 days of student entry, excluding weekends and holidays
4.
?
IAP DEVELOPMENT - After the student’s entry assessment, and a review of the
student’s school records, the Transition Specialist, with the assistance of the
Instructional staff, will create the Individual Academic Plan to provide specific
instruction meeting the student’s individual need.
73
?

5.
IAP UTILIZATION - The AGENCY will use the IAP at a minimum to plan:
a.
?
Specific individual long-term goals and short-term instructional
and vocational/technical objectives
b.
?
Remedial strategies and/or tutorial instruction
c.
?
Evaluation procedures
d.
?
A schedule for determining progress toward meeting the goals and
instructional and vocational/technical objectives
Academic Improvement Plans, Individual Educational Plans (IEPs), Section 504 Plans,
and/or individual plans for LEP students may incorporate the requirements of the
Individual Academic Plan.
VI.
?
TRANSITION SERVICES
1.
?
TRANSITION PLANNING – The AGENCY will be responsible for the
development of the student’s Transition Plan, which begins upon entry and is
completed prior to the student’s exit.
2.
?
TRANSITION PLAN REQUIREMENTS – The Transition Plan must include at
minimum:
a.
?
academic re-entry goals
b.
?
career and employment goals
c.
?
the recommended next educational placement
3.
?
CONTENT OF THE EXIT PORTFOLIO – The student Exit Portfolio should
contain but not be limited to:
a.
?
a copy of the student’s exit/transition plan
b.
?
current permanent record card generated for the BOARD’s MIS, which
reflects the total number of credits students have received toward high
school graduation including those credits earned prior to commitment
c.
?
current course schedule and grades when semester has not been completed
and half or whole credits have not been awarded
d.
?
current IEP, Section 504 Plan, or Individual Academic Plan
e.
?
pre and post assessment information
f.
?
State and district wide assessment information
g.
?
length of participation in the program
h.
?
copies of any diplomas or educational certificates awarded from the
district and/or the commitment program
i.
?
examples of student work (e.g. writing samples, photos of completed
vocational projects, and art work)
74
?

4.
?
ACCESS TO DJJ FILES – The AGENCY and the BOARD shall have access to
DJJ commitment files for the purpose of planning the exit/transition plan for the
student.
5.
?
RESPONSIBILITY – The AGENCY shall provide the BOARD with the name/s
of those individuals in charge of exit/transition plans.
VII.
?
INSTRUCTION PROGRAM AND ACADEMIC EXPECTATIONS
1.
?
DAYS OF INSTRUCTION – The AGENCY will provide the BOARD with a 250
day instructional calendar, 10 of which may be used for Inservice training and
planning.
2.
?
ACADEMIC CURRICULAR OFFERINGS – The AGENCY shall provide the
BOARD (for BOARD approval) a list of course codes for the courses they intend
to offer.
3.
?
VOCATIONAL AND CAREER AWARENESS – The AGENCY shall provide
the BOARD (for BOARD approval) a list of vocational and career awareness
curricular offerings.
4.
?
GED PREPARATION AND TESTING – The AGENCY will provide the GED
Exit Option Model. The AGENCY will prepare students to take theGED when
those students are in jeopardy of obtaining a regular high school diploma. The
BOARD will administer the GED to those students who have met the criteria for
testing. There will be no charge to the student.
5.
?
TUTORIAL ACTIVITIES – The AGENCY will provide the BOARD a list of
tutorial activities it will utilize.
6.
?
METHODS OF INSTRUCTIONAL DELIVERY – The AGENCY will provide
the BOARD a list of methods of instructional delivery they will utilize.
7.
?
CLASSROOM MANAGEMENT PROCEDURES – The AGENCY will provide
the BOARD a list of classroom management procedures they will utilize.
8.
?
SUPERVISION OF STUDENTS – Supervision and control of students while in
their educational program shall be the responsibility of the AGENCY and the host
facility provider agency. However, the AGENCY shall inform the BOARD when
a student or students are involved in a serious incident or are injured. The
AGENCY shall provide the BOARD with written policies regarding the conduct
and disciplining of students while they are enrolled in the educational program.
75
?

VIII.
?
QUALIFICATIONS AND PROCEDURES FOR SELECTION OF STAFF
1.
?
EDUCATION COORDINATOR – The AGENCY will provide the BOARD with
the Educational Coordinator’s job description.
2.
?
NUMBER OF CERTIFIED TEACHERS – The AGENCY will employ a
sufficient number of certified teachers to maintain an average daily attendance
instructional ratio of approximately 16:1. The AGENCY will provide the
BOARD with the teacher’s job description.
3.
?
CLASSES THAT REQUIRE CERTIFIED TEACHERS – All classes assigned in
accordance with the Florida Course Code Directory shall require that teachers
possess appropriate certification to instruct the class.
4.
?
ESOL/ESE CERTIFICATION – The AGENCY shall provide ESOL/ESE
Certified teachers to instruct students requiring either an LEP or IEP Plan using
either a direct instruction or consultative model.
5.
?
EDUCATIONAL PERSONNEL FILES – The AGENCY shall provide the
BOARD with a copy of each teacher’s current certification certificate.
6.
?
SUBSTITUTE TEACHERS – The AGENCY shall employ BOARD approved
substitute teachers. A listing of BOARD-approved substitutes will be provided to
the AGENCY. Potential substitutes can be trained by the Board prior to approval
or the AGENCY can provide its own training. All substitutes must be Board
approved and a fingerprint verification must be submitted prior to approval.
7.
?
NON-CERTIFIED INSTRUCTIONAL PERSONNEL – Non-certified teachers or
interim substitutes must be approved by the BOARD. A completed personnel file
for a non-certified teacher candidate must be sent to the BOARD’s human
resources office prior to employment. The BOARD must approve the
employment of all non-certified teachers or interim substitutes.
8.
?
AGENCY STAFF DEVELOPMENT ACTIVITIES – The AGENCY agrees to
develop and implement a staff development plan that includes staff development
(inservice) activities that will occur throughout the year. Topics may include
academic/career and technical/social skills “best practices” information for
adjudicated juvenile offenders, motivating reluctant learners, and problem
solving. For teachers to receive inservice credit, each AGENCY inservice activity
must first be submitted for prior approval to the BOARD’s Director of
Instructional Services.
9.
?
BOARD STAFF DEVELOPMENT ACTIVITIES – The AGENCY’s teachers
will have access to all non site-specific staff development activities scheduled by
the BOARD. A monthly inservice calendar will be sent to the AGENCY.
76
?

10.
?
STAFF DEVELOPMENT FOR SUPPORT STAFF – The AGENCY shall
provide the BOARD with a listing of staff development activities scheduled for
administrative personnel, clerks, registrars, paraprofessionals, guidance
counselors, transition specialists, and lead teachers.
11.
?
BEGINNING TEACHER PROGRAMS – If the AGENCY employs beginning
teachers with valid Florida temporary teaching certificates, those teachers may
participate in the BOARD’s “Teacher Induction Program” in order to receive a
permanent certificate.
12.
?
RESPONSIBILITY – The AGENCY shall be responsible for hiring certified
teachers and assigning them to classes within the Florida Course Code Directory.
13.
?
BACKGROUND CHECK – All AGENCY employees, appointees, or agents who
come into contact with students as part of the educational program must submit to
a background check, including a fingerprint check, at AGENCY expense.
IX.
?
FUNDING
1.
?
PAYMENTS – The Board will make payments to the AGENCY monthly
beginning August 1, 2004, based upon the estimated annual budget. The monthly
payment will be adjusted after each FTE survey and the final payment will be
adjusted to the actual FTE earned. The AGENCY is responsible for invoicing the
BOARD monthly, based upon the calculation furnished by the BOARD to the
AGENCY.
2.
?
FUNDING BASIS – Payments by the BOARD to the AGENCY shall be
calculated based upon projected FTE for the AGENCY program using the State of
Florida estimates. The projected revenue shall be reduced by the BOARD’s
share.
3.
?
RATE OF PAYMENT – The rate of payment shall be equal to % of the FTE
Revenue generated through the Florida Education Finance Program (FEFP). In
addition, allocations of Title I and Categorical Funds for instructional materials,
instructional technology, and science lab materials will be made.
4.
?
CONDITIONS OF CHANGE – If at any time during the term of this Agreement
the State Department of Education changes the BOARD’s formula for allocation
of funds, said increase or decrease shall be passed along to the Agency on a pro
rata basis.
5.
?
FEFP REQUIREMENTS – A student is in membership when he/she is officially
assigned to a course/s or program by the AGENCY. To be reported for funding,
each student must be enrolled and scheduled appropriately in the state automated
77
?

data system. The student must be in attendance for a minimum of 1500 minutes
of instruction per week. The school year for the student will include a minimum
of 240 days of instruction.
6.
?
FUNDING LOSS – In the event the AGENCY violates any State Law, State
Department of Education rule, BOARD policy, and/or other covenant set forth
herein, and said violation results in a loss of funding to the BOARD, the
AGENCY shall reimburse the BOARD for the full amount of the loss. This
provision shall remain in force, even if the agreement is terminated, for a period
of (3) three years or until all state audits are conducted, whichever occurs first.
7.
?
DIRECT INSTRUCTION TIME – The AGENCY is required to take attendance
on a daily basis. Attendance must include any student who was tardy. Attendance
records must be maintained in a manner prescribed by the BOARD, which
includes, but is not limited to, weekly student attendance sheets which reflect
daily (once a day) attendance status, and the teachers’ roll books, which reflect
attendance in each class period on the student’s schedule. Records will be
maintained until such time as the AGENCY is authorized by the BOARD to
dispose of said records, or until the expiration of this agreement when all such
records shall be surrendered to the BOARD.
8.
?
FINANCIAL RECORDS MAINTENANCE – The AGENCY shall maintain all
financial records related to the educational component of the program for (3) three
years.
9.
?
FINANCIAL RECORDS – The AGENCY shall provide a financial accounting of
all expenditures toward the educational component of the program on a quarterly
basis. The accounting report shall be in accordance with forms provided by the
Superintendent’s designee and shall be delivered to the Superintendent’s designee
within thirty (30) days after the close of each quarter.
X.
?
CONTRACT NEGOTIATIONS
1.
WORKFORCE DEVELOPMENT – The BOARD will provide the AGENCY
with the name of the BOARD’s Director of Workforce Development.
2.
?
AGENCY REQUIREMENTS
a.
?
The AGENCY has experience in providing educational services.
b.
?
The AGENCY has sufficient financial stability and resources to hire
adequate numbers of certified teachers and personnel.
3.
?
BOARD PRE-CONTRACT RESPONSIBILITY
a.
The AGENCY has positive past Quality Assurance Reviews.
78

b.
?
The AGENCY’s DJJ contract (if applicable) does not duplicate services or
resources.
XI.
?
INTERVENTIONS AND SANCTIONS
1.
?
QUALITY ASSURANCE REVIEW – The AGENCY shall provide to the
BOARD the results of the Annual Department of Juvenile Justice Quality
Assurance Review for the facility and the educational component. Unsatisfactory
findings shall result in the development of a corrective action plan to be submitted
to the BOARD within 30 days of the review. The Superintendent’s designee shall
monitor the plan. The School Improvement Plan should reflect identified
deficiencies and plans to correct the deficiencies. Failure to comply with the
corrections within (90) ninety days will be considered a default and can lead to
termination of the Agreement.
2.
?
DEFAULT – The AGENCY’s inability and/or refusal to comply with the terms of
this Agreement shall be considered a default. Only the Superintendent of Schools
may declare the AGENCY in default, and notice of such shall be sent United
States Postal Service certified mail, return receipt requested. Upon receipt of the
Superintendent’s declaration of default, the AGENCY has five (5) calendar days
to contest the Superintendent’s action, giving notice by United States Postal
Service certified mail, return receipt requested. The matter shall then be
arbitrated. During arbitration, the AGENCY’s educational programs shall
continue, but the BOARD shall withhold payment. If the dispute is resolved in
the AGENCY’s favor, all payments previously withheld shall be released. If
resolved in the BOARD’S favor, all funds previously withheld shall be
forfeited, and the Agreement shall be immediately terminated. Dollars previously
paid to the AGENCY may also be in jeopardy.
XII.
?
COORDINATION
1.
?
RESPONSIBLE POSITIONS
a.
?
BOARD’s DESIGNEE – The BOARD’s designee for purposes of
administering the Agreement shall be the Superintendent of Schools who
may assign a designated administrator for monitoring compliance and
educational program administration.
b.
?
AGENCY’s DESIGNEE – The AGENCY shall identify one person with
whom the BOARD is to communicate on all compliance issues related to
this Agreement. The AGENCY, at its option, may designate another
person with whom the BOARD is to communicate regarding the operation
of its educational program.
79
?

XIII.
?
FACILITIES
1.
?
SAFETY REQUIREMENTS – The host facility provider shall comply with
facility safety requirements embodied in the State Uniform Building Code for
Educational Facilities and the Department of Education’s State Requirements for
Educational Facilities 1994.
2.
?
ADDRESS OF FACILITY –
a. mailing address -
b. physical location -
3.
?
SANITATION AND HEALTH CERTIFICATES – The host facility provider
shall maintain current sanitation and health certificates.
4.
?
REQUIRED SETTINGS – The host facility provider shall provide student
classrooms with a minimum of twenty-five usable square feet per pupil.
Instructional personnel must be provided adequate space for a desk, file cabinets,
instructional materials, and secured storage of BOARD-owned equipment and
confidential documents such as tests and records. Additional space shall be
provided for ESE/ESOL staffings or psychological evaluations.
5.
?
BUILDING MAINTENANCE – The host facility provider shall maintain (in a
state of good repair), all buildings used for the educational program. All damages
caused by the AGENCY’s program will be the responsibility of the AGENCY to
repair.
XIV.
?
ADDITIONAL CONSIDERATIONS
The BOARD will provide the necessary software to allow access to the student
information system. The Agency will be responsible for the monthly connection charge
for a T-1 line, if applicable.
80
?

_________________________________ _______________________________
_________________________________ _______________________________
_________________________________ _______________________________
_________________________________
_________________________________
Signature Page
For the School Board of _____County, FL
/s/ Superintendent
Date
Attest:
Date
Approved as to Form:
School Board Attorney
Other Supporting Documentation
by: /s/ and Title
Date
Attest:
_______________________________
Date
81
?

82

Back to top


Appendix H
Educational Services Contract Review Sheet

Back to top


83
?

84

Florida Department of Education
2004- 2005 Juvenile Justice Education Service Contract Review
School District
DJJ Program
School District Contact
Phone
Private Provider
Date Received
Reviewer
Educational Service Contracts
Rule 6A-6.05281(9), FAC, states that school districts may provide educational services directly
or may enter into a contract with a private provider to provide educational services to students
committed to DJJ facilities. Educational service contracts should include, at a minimum, the
requirements established in Rule 6A-6.05281, FAC. These requirements are provided below with
a checklist of indicators.
Item
Comments*
Educational Service Contract Element
Terms of Agreement
!
 
Date the contract takes effect and its duration
!
 
Methods and procedures for dispute resolution
!
 
Notice provision
!
 
Indemnification clause
!
 
Authority to contract
Facilities
—References should include the following, at a
minimum:
!
 
Compliance with facility safety requirements embodied in the
State Uniform Building
!
 
Code for Educational Facilities and the Department of
Education’s State Requirements for Educational Facilities
(SREF) 1994
!
 
Address of the facility
!
 
Party responsible for maintaining sanitation and health
certificates for classroom space
!
 
Identification of or reference to required settings for
educational components that may contain issues of
confidentiality and, therefore, should not take place in a
classroom while students are present, such as space for
ESE/ESOL staffings or school-sponsored psychological
evaluations
!
 
Identification of the responsible party (agency or school
board) in the case of damage or loss of board property
1
Rule 6A-6.05281(1), FAC, Student Eligibility
!
 
Provision of high quality educational services to all students
in the DJJ facility
85
?

student information
!
 
Service to students identified and eligible for ESE services
!
 
Service to students with disabilities, as defined in Section 504
of the Rehabilitation Act
!
 
Service to potential LEP students
!
 
Notification of students who have filed an intent to terminate
school enrollment of the
option of enrolling in a program to attain a GED
!
 
Identification of the agency’s and school board’s positions
responsible for delivering the services listed above
2
Rule 6A-6.05281(2), FAC, Student Records
!
 
Procedures for records request process
!
 
Content of educational record
!
 
Enrollment process in the district’s MIS
!
 
Storage of student records
!
 
Procedure for access to educational records by school board
and agency personnel
!
 
Process for awarding credits and grades, prior to student
exiting the program, for inclusion in the student discharge
packet
!
 
Protection of the privacy clause
!
 
Transfer of records at exit
3
Rule 6A-6.05281(3), FAC, Student Assessment
!
 
Name of all academic and vocational assessment instruments
utilized in the program
!
 
Positions responsible for conducting assessments
!
 
Timeframes and procedures for administering entry and exit
assessments
!
 
Procedures for using assessment results for planning and
instruction
!
 
Procedures for administering all required state and district-
wide assessments
4
Rule 6A-6.05281(4), FAC, Individual Academic Plans (IAP) /
Individual Educational Plans (IEP)
!
 
Requirements of the IAPs/IEPs
!
 
Positions of responsibilities for the development of the
IAPs/IEPs
!
 
Timeframes and procedures for developing student goals and
objectives
!
 
Description of the development of IAPs/IEPs
!
 
Plans for instruction and tracking of student progress
5
Rule 6A-6.05281(5), FAC, Transition Services
!
 
Transition planning process and the development of the exit
transition plans
!
 
Requirements of the transition plans
!
 
Content of exit portfolios
!
 
Access to DJJ commitment files and discharge packets for
86
?

student information
!
 
Agency and school board positions responsible for the
transition process
6
Rule 6A-6.05281(6), FAC, Instructional Program and
Academic Expectations
!
 
Appropriate number of calendar days
!
 
Academic curricular offerings
!
 
Vocational or career awareness curricular offerings
!
 
GED Prep, GED Exit Option Model, including access to GED
testing
!
 
Tutorial activity
!
 
Methods of instructional delivery
!
 
Classroom management procedures
7
Rule 6A-6.05281(7), FAC, Qualifications and Procedures for
Selection of Instructional Staff
!
 
Role and responsibilities of the provider’s lead teacher or
educational administrator
!
 
Number of certified teachers employed and their duties
!
 
Classes that require a certified teacher
!
 
Provision stating who will provide ESE certified teachers
!
 
Maintenance of content and access to educational personnel
files
!
 
Process by which substitute teachers shall be accessed
!
 
School board procedures for approving the use of non-
certified instructional personnel
!
 
In-service training/ staff development
!
 
Beginning teacher programs
8
Rule 6A-6.05281(8), FAC, Funding
!
 
Date payments should be made
!
 
Funding basis for the payments
!
 
Rate of payment in relation to the FTE revenue and
percentage of funds to be allocated to education
!
 
Conditions under which rate may change
!
 
FEFP requirements of daily attendance, membership, school
calendar documentation and number of instructional minutes
!
 
Ramifications of violations of state laws, SBERs, or local
school board policy which result in a loss of funding to the
local school board
!
 
Process for recording direct instructional time
!
 
Maintenance by the agency of all financial records related to
the educational component for a minimum number of years to
be set by school board
!
 
Financial accounting and reporting system requirements from
the agency to the school board of expenditures related to the
educational component
87
?

Note: 90% of FEFP funds must be spent on instructional costs
and 100% of the formula based categorical funds must be spent
on appropriate categoricals such as instructional materials and
public school technology [s. 1003.51(2)(g), F.S.]
9
Rule 6A-6.05281(9), FAC, Pre-Contract Negotiation
Procedures
1. School board notification to the DJJ program of the appropriate
entity that receives
funding for Workforce Development Programs
2. Statements that both the school board and the provider have
met all the
requirements of Rule 6A-6.05281(9) FAC, prior to awarding the
contract, including:
!
 
Documented experience in providing services or detailed
educational plan
!
 
Sufficient financial stability and resources to hire adequate
number of certified teachers and personnel
3. School Board Pre-Contract Responsibility
!
 
Review the private providers’ past performances (Quality
Assurance)
!
 
Review the contract with DJJ to ensure that services and
resources are coordinated and not duplicative
10
Rule 6A-6.05281(10), FAC, Interventions and Sanctions
!
 
Strategies for correcting deficiencies
!
 
Financial and other sanctions that may be imposed by the
school board for contract or service violations
!
 
Identified timeframes for correcting deficiencies
11
Rule 6A-6.05281(11), FAC, Coordination
!
 
Party responsibilities for implementation of the contract and
communication between the school board and the provider
!
 
Timelines and responsibilities for the notification by DJJ to
the local school board of the siting of new facilities and the
awarding of a contract for the construction and operation of
such facility
* Y (Yes) N (No) MNS (Mentioned, Not Specific) RSD (Referenced in Supporting
Documents)
88
?

Back to top