Microsoft Word - Coop Agr Memo.doc

LINDA K. TAYLOR Contact Information:
JUSTICE FACILITIES
Sample Cooperative Agreement
Cooperative Agreement Review Form

FLORIDA DEPARTMENT OF EDUCATION

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STATE BOARD OF EDUCATION

John L. Winn

F. PHILIP HANDY,

Chairman

Commissioner of Education

T. WILLARD FAIR,

Vice Chairman

Members

DONNA G. CALLAWAY

ROBERTO MARTÍNEZ

PHOEBE RAULERSON

KATHLEEN SHANAHAN

LINDA K. TAYLOR

Contact Information:

MEMORANDUM

Karen Denbroeder

Lisa Robinson

(850) 245-0475

TO:

District Superintendents

karen.denbroeder@fldoe.org

lisa.robinson@fldoe.org

FROM:

Cheri Pierson Yecke, Ph.D.

K12: 2006-86

DATE:

July 10, 2006

SUBJECT: COOPERATIVE

AGREEMENTS AND CONTRACTS FOR

EDUCATIONAL PROGRAMS IN DEPARTMENT OF JUVENILE

JUSTICE FACILITIES

In support of the Department of Education’s goal to improve student rates of learning, section

1003.52(13), Florida Statutes (F.S.), requires each school district to negotiate a cooperative

agreement with the Departme

nt of Juvenile Justice (DJJ) regarding the delivery of educational

programs to students under the jurisdiction of DJJ. Section 1003.52(11), F.S., also authorizes school

districts to contract with private providers for the provision of educational programs to youth placed

with DJJ. Contracts and cooperative agreements must be completed prior to the October full- time

equivalent (FTE) week.

Please find enclosed samples and review sheets for cooperative agreements and contracts. These

samples are intended to provide overall guidance and are not to be considered as defining the only

provisions a district may negotiate to ensure highest quality educational services for its students. A

copy of the most recent technical assistance paper on Juvenile Justice Cooperative Agreements and

Contracts may be viewed at http://info.fldoe.org/dscgi/ds.py/Get/File-2650/05-061att.pdf.

Effective cooperative agreements and education service contracts ensure accountability for proper

development, implementation, and evaluation of educational programs at DJJ facilities.

Subsequently, contract management is critical to the provision of quality educational programs in

juvenile justice programs and is a priority indicator in the quality assurance process.

CHERI PIERSON YECKE, PH.D.

? ?

CHANCELLOR, K-12 PUBLIC SCHOOLS

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325 W. GAINES STREET • SUITE 514 • TALLAHASSEE, FL 32399-0400 • (850) 245-0509 • www.fldoe.org

District Superintendents

July 10, 2006

Page Two

In an effort to streamline the cooperative agreement process, DJJ has modified its procedures. Chief

Probation Officers will serve as the local point of contact for signing the cooperative agreement

locally and routing the cooperative agreement to the Office of Education at DJJ. Deputy Secretary

Steve Casey will sign the cooperative agreements on behalf of DJJ. Once the cooperative

agreements are signed by Deputy Secretary Steve Casey, they will be returned to school districts for

school board approval and signature.

Current cooperative agreements and education services contracts must be in place prior to the

October FTE Reporting Survey. School districts must submit cooperative agreements between the

district and DJJ and education service contracts with private providers to the Department of

Education (DOE). We ask that these documents be submitted by September 30, 2006, to:

Florida

Department

Education

Attn:

Lisa

Robinson

325

Gaines

Street

614

Turlington

Building

Tallahassee,

32399-0400

Thank you for your diligence in this matter. If you have questions or need additional information,

please contact Karen Denbroeder or Lisa Robinson via e-mail at karen.denbroeder@fldoe.org or

lisa.robinson@fldoe.org, or by telephone at (850) 245-0475.

CY/lr

Enclosure

cc:

Assistant Superintendent for Instruction

District Dropout Prevention Coordinators

District School Board Attorneys

Sample Cooperative Agreement

Cooperative Agreement between

The School Board of _______ County, Florida

and

The Florida Department of Juvenile Justice

The School Board of _______County hereinafter referred to as (School Board) and the Department of Juvenile

Justice hereinafter referred to as (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

ensured.

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 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

Assign staff to meet regularly to exchange pertinent information regarding agency regulations and policies.

Clarify agency responsibilities through a joint procedures manual.

Conduct joint facility needs assessments, planning, implementation, and evaluation activities.

Encourage local staff and parent participation in planning, program development, and staffing;

Monitor and effectively implement state legislation concerning the education of students in DJJ settings.

Share applicable student/client information in a manner consistent with rules and regulations dealing with

confidentiality.

Share the responsibility of providing technical assistance in the development, implementation, and

evaluation of effective programs.

Disseminate this agreement to appropriate personnel in each agency and provide technical assistance in the

implementation of the requirements of the agreement.

Participate in a School Board/DJJ Workgroup. The Workgroup shall

Provide a liaison network between the two agencies.

Monitor the implementation of this agreement.

Receive and review questions concerning apparent conflicts in agencies regulations/policies and

practices and recommend resolution.

Provide for the regular exchange of agency information.

10.

Provide students with access to Florida Virtual School.

Responsibilities of DJJ

To implement this agreement, DJJ shall

Receive and utilize technical assistance from the School Board regarding the development and

implementation of any rules/policies developed by DJJ pertaining to the pro-vision of educational programs

for students in DJJ or DJJ-supported facilities in a manner consistent with state and federal laws, rules, and

regulations.

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 Exceptional Education and

Student Services.

Provide early notice to school districts regarding the siting of new juvenile justice facilities, consulting with

school districts regarding the types of students expected to be assigned to commitment facilities for

educational planning and budgeting purposes, notifying in writing to the Department of Education when a

request for proposal is issued for the construction or operation of a commitment or detention facility

anywhere in the state, notifying in writing the appropriate school district when a request for proposal is

issued for the construction or operation of a commitment or a detention facility when a county or site is

specifically identified, and notify the school district superintendent after the award of a contract for the

construction or operation of a commitment or detention facility within that school district.

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.

For each student exiting a DJJ facility, develop a transition plan, jointly, involving a representative of the

School 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

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.

Implement a year-round program with qualified staff members.

Furnish textbooks and classroom teaching supplies to DJJ facilities at which School Board personnel

provide direct instruction.

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.

Disseminate information about and assist in the development and adoption of promising educational

practices for students in DJJ or DJJ-supported facilities.

Coordinate activities for the identification, location, and evaluation of all children served in educational

programs in DJJ settings.

Provide general supervision of educational services through

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.

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.

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, and 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

DJJ:

(Please

insert

contact person for residential issues)

(Please insert contact person for probation and zero

tolerance

issues)

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

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.

Work jointly with educational personnel on matters relative to discipline and educational programming

during the instruction process.

Provide facilities, including utilities and maintenance, to house the educational program.

The School Board agrees to

Provide a free appropriate public education, including but not limited to academic, career, and special

education services as appropriate for students 5 to 18 years of age, consistent with all state and federal

rules, regulations, and laws.

Purchase and maintain materials, equipment, and supplies used in the students’ educational program.

Disseminate information about and assist in the development and adoption of promising educational

practices for students in DJJ or DJJ-supported facilities.

Coordinate activities for the identification, location, and evaluation of all children served in educational

programs in DJJ settings.

Provide general supervision of educational services through

Review of the procedures documents for providing educational programs to determine compliance

with provisions of this agreement and applicable State Board of Education rules.

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.

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

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.

Collaboratively define assessment protocols for intake, service implementation, and transition planning.

Collaboratively define and implement evaluations of treatment and educational services.

VI. Curriculum and Instruction

DJJ and the School Board agree to ensure that

The education, treatment, and residential programs are integrated.

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.

Instructional delivery methods are appropriate for the target student population.

Pre-test and post-test measures for content areas are available and utilized.

All youth have an individually prescribed, integrated treatment/education plan.

The courses offered are in accordance with the Florida Course Code Directory.

General Education Diploma (GED) prep courses and the GED Exit Option Program are available to the

students.

They will provide a 250-day instructional calendar, 10 days of which may be used for in-service training

and planning.

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

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.

Specific procedures for out-of-control students and class attendance are included in each facility’s

operation manual.

All classes will be conducted with a minimum of one classroom teacher and one DJJ staff member.

DJJ is responsible for safety and security of students and educational personnel.

All students will be required to attend class in accordance with School Board policy.

They will work cooperatively in scheduling DJJ programs to minimize interference with school attendance.

They will follow the School Board-provided testing calendar for state tests.

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

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.

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

Jointly evaluate needs of instructional personnel to effectively serve juvenile delinquents.

Cooperatively develop and provide pre-service, in-service, and creative staff development programs.

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 that learning effectively on transition

to home, school, and community.

DJJ and the School Board agree to ensure that

A specific transition program is in place at the facility and in the school system.

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.

Transition planning involves educational, facility, and aftercare staff in addition to designated individuals

from outside agencies and/or programs.

DJJ will notify the educational services provider thirty (30) days prior to a student’s preparing to exit the

program.

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.

XI. Student Records

Responsibilities of the School Board

To implement this agreement, the School Board shall

Maintain grade books including Sunshine State Standards checklists.

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.

Transfer and receive records via the student’s DJJ commitment packet or conduct an interagency transfer of

records via school board and DJJ.

To implement this agreement, DJJ shall

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

Staff from the grieving agency shall provide written communication that identifies the conflict, proposed

action, and a summary of factual, legal, and policy grounds.

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.

Upon

resolution of the conflict, a joint written statement indicating the resolution will be developed and

disseminated by a representative from each agency.

Should further action be required, a report from each agency will be submitted to the appropriate agency

heads for resolution.

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.

XIII. Safety and Support

Responsibilities of the DJJ

To implement this agreement, DJJ shall

Provide a safe and secure environment for all youth and personnel.

Investigate all safety violation incidents that arise.

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 School Board’s responsibility in monitoring

educational programs).

Implement recommendations made through the evaluation process.

Responsibilities of the School Board

To implement this agreement, the School Board shall

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.

Make and implement recommendations made through the evaluation process.

XIV. Correction of Deficiencies

The agencies shall agree to jointly

Review facility Quality Assurance Report.

Determine action steps necessary to implement recommendations in the report.

Determine responsibility for each action step to be implemented.

Establish time frames 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 enumerated felony offenses in s.1006.13(5)(a),

F.S., or who have had a no contact order entered by the court are reported and for ensuring that all steps necessary

are taken to protect the victim.

To implement this agreement, DJJ shall notify

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, and home-invasion-robbery.

The School Board if the offender and the victim or the victim’s sibling(s) attend 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.

The School Board when a judge enters a no contact order; notification will come from DJJ to the person or

office designated by the School Board.

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.

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

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.

Facilitate allowing the offender to attend a school in a different district if the offender is unable to attend a

different school in the same district.

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.

The School Board will 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.

The School Board of __________________________County, Florida

Date

Signed

School Board Chairperson

Attest

Superintendent

State of Florida Department of Juvenile Justice

By_________________________________

Date Signed __________________

Chief Probation Officer

By _________________________________

Date Signed __________________

Deputy Secretary

Cooperative Agreement Review Form

Florida Department of Education

2006-2007 Juvenile Justice Education Cooperative Agreement Review Form

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 Statutes, requires each school district with one or more juvenile justice

facilities to negotiate a cooperative agreement with the 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 necessary steps 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

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 of program

activities: state and federal legislation implementation

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

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]

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

Section 1003.52(13)(e), Florida Statutes, Curriculum and delivery of instruction

Academic and vocational course offering based on identified needs of student

Courses meet 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

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

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 positions and duties

Description of how teachers are selected by the school district in consultation with the

director of the facility

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

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

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)

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

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 education personnel

DJJ or program staff ratio required during school activities

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 Quality Assurance

Report

*Y (Yes)

N (No)

MNS (Mentioned, Not Specific) RSD (Referenced in Supporting Documents)

Sample Educational Services Contract

2006-2007 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:

TERMS OF THE AGREEMENT

TERM –This Agreement shall be in effect from July 1, 2006, or the date of Board

approval, whichever is later, and continue through June 30, 2007. 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.

DISPUTE RESOLUTION –

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 BOARD shall be responsible for that portion of the FTE

allocation kept for administrative purposes.

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.

NOTICE PROVISION – When any of the parties desire to give notice to the other, such

notice must be in writing, sent by the U.S. Post Office, 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:

INDEMNIFCATION 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.

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.

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.

AMENDMENT – This Agreement may be modified or amended only by mutual written

consent of the parties hereto.

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

EDUCATIONAL SERVICES – The AGENCY’S curriculum shall be challenging, evoke

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.

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.

504 SERVICES – The AGENCY agrees to comply fully with Section 504 of the

Rehabilitation Act of 1973. Students will be provided appropriate accommodations

according to their current 504 Plan.

LEP SERVICES – The AGENCY agrees to provide limited English proficient (LEP)

students instruction by ESOL certified teachers in accordance with their current LEP plan.

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.

EDUCATIONAL PERSONNEL –

a. BOARD -

(1)

Contract Manager

ESE Technical assistance

b. AGENCY -

(1)

Education Director

Quality

Assurance/Contract

Manager

ESE/Transition

Coordinators

Teachers (approximately 1:16 ratio)

Substitute Teacher/s (as needed)

Data Entry Clerk

III.

STUDENT

RECORDS

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.

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.

MIS ENROLLMENT – The AGENCY’s clerical aide will enter the appropriate MIS data.

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.

SHARING OF RECORDS – The BOARD shall make available, upon request of the

AGENCY, records in its possession for AGENCY clients.

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.

PRIVACY CLAUSE – The AGENCY shall comply fully with laws, policies, and rules

guaranteeing the confidentiality of student educational records and access thereto.

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

ASSESSMENT

INSTRUMENTS

a. Academic – BASI to be used as the entry/exit assessment. KTEA, OWLS, TABE,

WRAT, New Century, BASIS, STAR, CCC, Brigance, or other academic assessment

proposed by the AGENCY and approved by the BOARD.

b. Career – COPS, Florida View, Choices, or other career assessment proposed by the

AGENCY and approved by the BOARD.

ASSESSMENT ADMINISTRATION – The AGENCY shall inform the BOARD of the

person or persons in charge of administering assessments.

TIME FRAMES – 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.

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.

STATE ASSESSMENTS – The AGENCY shall appoint a person or persons responsible

for administering the HSCT and FCAT examinations. The responsible party/parties 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.

INTAKE PROCEDURES – The AGENCY shall provide the BOARD with its written

procedures governing intake, evaluation, dismissal, and separation of students.

INDIVIDUAL ACADEMIC PLANS (IAP)

REQUIREMENTS – The AGENCY will prepare an individual academic plan (IAP) for all

non-ESE students on a BOARD approved IAP form.

PERSONS RESPONSIBLE – The education coordinator, transition specialist, and the

instructional staff are responsible for preparing IAPs for non-ESE students.

TIME FRAME – The AGENCY will prepare the entering non-ESE student’s IAP within 15

days of student entry, excluding weekends and holidays.

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 individualized needs.

IAP UTILIZATION – The AGENCY will use the IAP at a minimum to plan:

Specific, individual long-term goals and short-term instructional

and career/technical objectives;

Remedial strategies and/or tutorial instruction;

Evaluation procedures; and

A schedule for determining progress toward meeting the goals and instructional

and career/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

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.

TRANSITION PLAN REQUIREMENTS – The transition plan must include at minimum:

Academic re-entry goals;

Career and employment goals; and

The recommended next educational placement.

CONTENT OF THE EXIT PORTFOLIO – The student exit portfolio should contain, but

not be limited to, the following:

A copy of the student’s exit/transition plan;

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;

Current course schedule and grades when semester has not been completed

and half or whole credits have not been awarded;

Current IEP, Section 504 plan, or individual academic plan;

Pre- and post-assessment information;

State- and district- wide assessment information;

Length of participation in the program;

Copies of any diplomas or educational certificates awarded from the district

and/or the commitment program; and

Examples of student work (e.g., writing samples, photos of completed career

projects, and art work).

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.

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

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.

ACADEMIC CURRICULAR OFFERINGS – The AGENCY shall provide the BOARD (for

BOARD approval) a list of course codes for the courses the AGENCY intends to offer.

Students shall have access to Florida Virtual School courses.

CAREER AND CAREER AWARENESS – The AGENCY shall provide the BOARD

(for BOARD approval) a list of career and career awareness curricular offerings.

GED PREPARATION AND TESTING – The AGENCY will provide the GED Exit Option

Model. The AGENCY will prepare students to take the GED 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.

TUTORIAL ACTIVITIES – The AGENCY will provide the BOARD a list of tutorial activities

it will utilize.

METHODS OF INSTRUCTIONAL DELIVERY – The AGENCY will provide the BOARD a

list of methods of instructional delivery it will utilize.

CLASSROOM MANAGEMENT PROCEDURES – The AGENCY will provide the BOARD

a list of classroom management procedures it will utilize.

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.

VIII.

QUALIFICATIONS AND PROCEDURES FOR SELECTION OF STAFF

EDUCATION COORDINATOR – The AGENCY will provide the BOARD with the

educational coordinator’s job description.

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 each teacher’s job

description.

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.

ESOL/ESE CERTIFICATION – The AGENCY shall provide ESOL/ESE certified teachers

to instruct students requiring either an LEP or IEP using either a direct instruction or

consultative

model.

EDUCATIONAL

PERSONNEL

FILES – The AGENCY shall provide the BOARD with a

copy of each teacher’s current certification certificate.

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.

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.

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.

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.

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

PAYMENTS – The Board will make payments to the AGENCY monthly beginning

August 1, 2006, 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.

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.

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, Individuals with Disabilities Education Act (IDEA), as appropriate,

and categorical funds for instructional materials, instructional technology, and science lab

materials will be made.

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.

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 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.

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.

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 that 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.

FINANCIAL RECORDS MAINTENANCE – The AGENCY shall maintain all financial

records related to the educational component of the program for (3) three years.

FINANCIAL RECORDS – The AGENCY shall provide on a quarterly basis a financial

accounting of all expenditures toward the educational component of the program. 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.

CONTRACT

NEGOTIATIONS

WORKFORCE DEVELOPMENT – The BOARD will provide the AGENCY with the name

of the BOARD’s Director of Workforce Development.

AGENCY

REQUIREMENTS

The AGENCY has experience in providing educational services.

The AGENCY has sufficient financial stability and resources to hire adequate

numbers of certified teachers and personnel.

BOARD PRE-CONTRACT RESPONSIBILITY

The AGENCY has positive past quality assurance reviews.

The AGENCY’s DJJ contract (if applicable) does not duplicate services or

resources.

XI.

INTERVENTIONS AND SANCTIONS

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.

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 via 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

RESPONSIBLE

POSITIONS

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.

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.

XIII.

FACILITIES

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.

ADDRESS OF FACILITY –

a. mailing address -

b. physical location -

SANITATION AND HEALTH CERTIFICATES – The host facility provider shall maintain

current sanitation and health certificates.

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.

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.

_________________________________

_______________________________

_________________________________

_______________________________

_________________________________

_______________________________

_________________________________

_______________________________

_________________________________

Signature Page

For the School Board of

County, FL

Name of Provider

/s/ Superintendent

by: /s/ and Title

Date

Attest:

Date

Approved as to Form:

School Board Attorney

Other Supporting Documentation

Educational Services Contract Review Form

Florida Department of Education

2006-2007 Juvenile Justice Education Service Contract Review Form

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

Rule 6A-6.05281(1), FAC, Student Eligibility

Provision of high quality educational services to all students in the DJJ facility

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

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

Rule 6A-6.05281(3), FAC, Student Assessment

Name of all academic and career 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

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

Time frames and procedures for developing student goals and objectives

Description of the development of IAPs/IEPs

Plans for instruction and tracking of student progress

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 student information

Agency and school board positions responsible for the transition process

Rule 6A-6.05281(6), FAC, Instructional Program and Academic Expectations

Appropriate number of calendar days

Academic curricular offerings

Career 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

Access to Florida Virtual School Courses

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

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 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 school board

Financial accounting and reporting system requirements from the agency to the

school board of expenditures related to the educational component

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.]

Each juvenile justice education program must receive all federal funds for which the

program is eligible [s. 1003.52(12)(e), F.S.]

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

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

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)