The purpose of the amendment is to incorporate revisions required for educational programs in the Department of Juvenile Justice to ensure consistency with current Florida Statutes.

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO: RULE TITLE
6A-6.05281: Educational Programs for Youth in Department of Juvenile Justice Detention, Commitment, Day Treatment, or Early Delinquency Intervention Programs
PURPOSE AND EFFECT: The purpose of the amendment is to incorporate revisions required for educational programs in the Department of Juvenile Justice to ensure consistency with current Florida Statutes.
SUMMARY: The rule is amended to align with governing law.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 1003.51(2)(e), (g), 1003.52(10), 1008.25 FS.
LAW IMPLEMENTED: 1001.03, 1003.51, 1003.52 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: April 15, 2008, 8:30 a.m.
PLACE: 325 West Gaines Street, Department of Education, Tallahassee, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Bambi Lockman, Chief, Bureau of Exceptional Education and Student Services, Florida Department of Education, 325 West Gaines Street, Room 614, Tallahassee, Florida 32399-0400, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

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) through (2) No change.

(3) Student Assessment.

(a) No change.

(b) All students in DJJ commitment, day treatment, or early delinquency intervention programs, who have not graduated from school, shall be assessed within ten (10) school 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) No change.

(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) A common eEntry and exit academic assessment measures shall be selected as required by Section 1003.52, Florida Statutes, that is 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) No change.

(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, F.A.C., to the Department of Education via the Automated Student Data System. The format for the reporting of the results of the academic measures shall may include standard scores for each academic area assessed.:

1. Grade equivalent scores,

2. Percentiles,

3. Scaled scores.

(h) No change.

(4) Individual Academic Plans.

(a) 1. through 4. No change.

(b) Progress monitoring Academic improvement plans, required by Section 1008.25, 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) No change.

(6) Instructional Program and Academic Expectations.

(a) No change.

(b) Requirements. The instructional program shall meet the requirements of Sections 1003.42, 1003.43, 1003.438, 1003.52, 1008.23, and 1008.25, Florida Statutes, and include:

1. through 4. No change.

5. Instruction shall be delivered through a variety of instructional techniques to address students’ academic levels and learning styles, including access to the Florida Virtual School as required in Section 1003.52(4), Florida Statutes.

(7) Qualifications and Procedures for Selection of Instructional Staff.

(a) through (c) No change.

(d) 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 Section 1009.58, Florida Statutes, and other teacher recruitment and retention programs.

(8) Funding.

(a) No change.

(b) As required by Sections 1003.51 and 1010.20, Florida Statutes, at least ninety (90) 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) No change.

(9) through (11) No change.

Specific Authority 1003.51 FS. Law Implemented 1003.51, 1003.52 FS. History–New 4-16-00, Amended_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Bambi Lockman, Chief, Bureau of Exceptional Education and Student Services
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Frances Haithcock, Chancellor, K-12 Public Schools
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 22, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 25, 2008