JIM HORNE
SECRETARY
F. PHILIP HANDY
CHAIRMAN
LINDA J. EADS, Ed. D.
T. WILLARD FAIR
CHARLES PATRICK GARCÍA
JULIA L. JOHNSON
WILLIAM L. PROCTOR, Ph.D
CAROLYN KING ROBERTS
CHARLIE CRIST
COMMISSIONER
FLORIDA DEPARTMENT
OF EDUCATION
325 W. GAINES STREET
SUITE 1614
TALLAHASSEE, FL 32399
www.flboe.org
(850) 201-7400
FLORIDA BOARD OF EDUCATION
Contact Persons
Name:
Mary Jo Butler
Cameron Dougherty
Phone:
(850) 487-3510
Suncom:
277-3510
E-Mail:
maryjo.butler@fldoe.org
cameron.dougherty@fldoe.org
DPS: 03-031
TAP NUMBER:
FY 2003-1
MEMORANDUM
TO:
School District Superintendents
From:
Kathy Mizereck
Date:
September 16, 2002
Subject: COOPERATIVE AGREEMENTS AND CONTRACTS
FOR EDUCATIONAL PROGRAMS IN DEPARTMENT
OF JUVENILE JUSTICE FACILITIES
Section 230.23161(14), Florida Statutes (F.S.), requires each school
district to negotiate a cooperative agreement with the Department of
Juvenile Justice (DJJ) regarding the delivery of educational programs
to students under the jurisdiction of DJJ. Section 230.23161(12),
F.S., also authorizes and encourages school districts to contract with
private providers for the provision of educational programs to youth
placed with DJJ. Rule 6A-6.05281(9)(c) and (11), Florida
Administrative Code (FAC), requires school districts to submit
contracts and cooperative agreements to the Department of
Education (DOE) prior to the October FTE Reporting Survey for
review to verify compliance.
DOE completed the 2001 review of these cooperative agreements
and contracts, notified each district regarding receipt of the
agreement and contract, and identified issues and concerns arising
from review of the documents.
School District Superintendents
September 16, 2002
Page Two
At that time, DOE staff recommended that each district strengthen the provisions
identified as areas of concern through this review during the next opportunity to
renegotiate the cooperative agreement and education service contracts with private
providers. This process is intended to strengthen the methods by which the school
district delivers educational programs to youth under the jurisdiction of DJJ.
During the review process, DOE staff identified some confusion related to the names of
the various legal documents. Several districts named all of their documents “cooperative
agreements,” including the documents relating to the contract for educational programs
with a private provider. Also, 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 230.23161(14), F.S., requires each school district to
negotiate a cooperative agreement with DJJ regarding the delivery of educational
programs 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.
During the review of the cooperative agreements, DOE staff determined the following
elements were often not appropriately addressed:
?
allocation of resources, including the maximization of local, state, and federal
funding
?
documentation of student credit and transfer of student records
?
provisions for ensuring safety of education personnel and support for the agreed-
upon educational program
?
accurate statutory and rule references, specifically to section 230.23161, F.S.
?
assurance of annual review of cooperative agreement
?
provision indicating timeline for notification of districts regarding new DJJ sites
?
provision regarding program’s need to have communication with district vocational
directors.
Florida law requires that cooperative agreements must be developed between school
districts and DJJ. Whether a district submits one agreement that addresses multiple sites
or individual cooperative agreements for each juvenile justice site, the agreements
must
include all appropriate statutory and rule provisions and be signed by an
authorized DJJ
agent
. Department of Juvenile Justice Secretary Bill Bankhead has authorized the DJJ
Residential and Correctional Facility Regional Directors to sign the cooperative
agreements between DJJ and school districts. Contact information can be accessed at
http://www.djj.state.fl.us. These cooperative agreements must be submitted to DOE by
the October FTE week.
School District Superintendents
September 16, 2002
Page Three
Education Service Contract
: Section 230.23161(12), F.S., authorizes and strongly
encourages school districts to contract with a private provider for the provision of
educational programs to youth placed with DJJ.
During the review of the education service contracts, DOE staff determined the following
elements were often not appropriately addressed:
?
how and with what instrument students will be assessed, especially students
requiring exceptional student education, English for Speakers of Other Languages
(ESOL), or 504 services
?
development and implementation of appropriate individual academic plans and
individual educational plans
?
provision addressing pre-contract negotiations that require districts to review and
consider the private provider’s past performance history and the private provider’s
contract, if any, with DJJ to ensure that services and resources are coordinated and
not duplicated.
These education service contracts must be submitted to DOE before the October FTE
Reporting Survey week.
Interagency Agreement:
Section 985.04(3)(a), F.S., 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. 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, F.S., and must maintain the
confidentiality of information that is otherwise exempt from section 119.07(1), Florida
Statutes.
DOE encourages all districts to include the
no contact
provision that is mandatory
pursuant to section 232.265, F.S., within this document. (See Memorandum #01-98
Implementation of the New Provisions for District Cooperative Agreements and
Contracts with the Department of Juvenile Justice.
) If a district chooses to use this
document as the cooperative agreement with DJJ, all appropriate provisions required by
section 230.23161(14), F.S., and all other applicable statutes must be addressed. In
this case, the Interagency Agreement must be sent to DOE annually to be reviewed by
the October FTE week.
School District Superintendents
September 16, 2002
Page Four
Facility Operating Agreement:
If the school district provides the educational programs
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.
Many districts use the order and content of the authorizing statutes and State Board of
Education rules to develop comprehensive cooperative agreements and education
service contracts. Contracts, cooperative agreements, and program procedures are
complementary working tools that, if used properly, will ensure roles and responsibilities
are identified to maintain, strengthen, and enhance existing educational practices and
programs. DOE encourages districts to use the opportunity when renewing cooperative
agreements and contracts to reflect on the past year’s performance of the site. This
review should ensure a positive educational environment for youth in the care and
custody of DJJ.
Please find enclosed the revised technical assistance paper on
Juvenile Justice
Cooperative Agreements and Education Service Contracts
. This document provides
school district personnel with information essential to the development of cooperative
agreements with DJJ, development of education service contracts, and guidance for
contract management. Effective cooperative agreements and education service
contracts ensure accountability for proper development, implementation, and evaluation
of educational programs at DJJ facilities. DOE considers contract management critical
to the provision of quality educational programs in juvenile justice programs and has
identified contract management as a priority indicator in the quality assurance review
process.
School districts must submit cooperative agreements between the district and DJJ and
education service contracts with private providers to DOE prior to the October FTE
Reporting Survey. We ask that these documents be submitted by October 1, 2002, to:
Florida Department of Education
Attn: Cameron Dougherty
325 W. Gaines Street
501 Turlington Building
Tallahassee, FL 32399-0400
DOE staff are available to provide technical assistance as you and your staff review and
renew these documents for 2002-2003. For your convenience, samples of a
cooperative agreement and a contract are enclosed.
School District Superintendents
September 16, 2002
Page Five
These samples are intended simply to provide overall guidance, and are not to be
considered as defining the only provisions a district may negotiate to ensure the highest
quality education for its students.
Thank you for your diligence in this matter. If you have questions or need additional
information, please contact Mary Jo Butler or Cameron Dougherty via email at
maryjo.butler@fldoe.org or cameron.dougherty@fldoe.org or by telephone at (850) 487-
3510.
KM:cdr
Enclosures:
Revised Technical Assistance Paper
cc: Assistant Superintendents for Instruction
District Dropout Prevention Coordinators
District School Board Attorneys
Juvenile Justice District Coordinators
Chuck Sanders, DJJ
Tom Blomberg, JJEEP
Mark Fontaine
Rick Casey