The purpose and effect is to repeal Rule 6A-1.099812, F.A.C., as the rulemaking authority for the Department of Juvenile Justice (DJJ) Accountability Ratings model no longer exists. Sections 1003.52(1)(d), (14)(m), and (16), ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.099812Education Accountability for Department of Juvenile Justice Education Programs

PURPOSE AND EFFECT: The purpose and effect is to repeal Rule 6A-1.099812, F.A.C., as the rulemaking authority for the Department of Juvenile Justice (DJJ) Accountability Ratings model no longer exists. Sections 1003.52(1)(d), (14)(m), and (16), F.S., required an accountability model that evaluated the delivery of education services within each juvenile justice program, including detention, prevention, day treatment and residential programs. The statutory requirements were repealed in 2024 via HB 1425, Section 27.

SUMMARY: Currently, all eligible juvenile justice programs are evaluated under the DJJ Accountability Ratings model. During the 2024 legislative session, HB 1425 amended s. 1003.52, F.S., to remove the requirement for the DJJ and the Department of Education to “implement a joint accountability, program performance, and program improvement process” and to add the requirement that juvenile justice detention, prevention, and day treatment programs be evaluated as alternative schools under the school improvement ratings model. Further, the evaluation of juvenile justice residential programs will be conducted under an accountability model developed by the DJJ for the Florida Scholars Academy under s. 985.619, F.S.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The repeal of this rule is the result of legislative action to align current education statutes with the controlling provisions of the Florida Scholars Academy; therefore, there is no impact to economic growth, private sector job creation, employment, private sector investment, business competitiveness, or any other factors found in s. 120.541(2)(a), F.S., and no legislative ratification is required.

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.

RULEMAKING AUTHORITY: 1001.02(2)(n), 1003.52(16), F.S.

LAW IMPLEMENTED: 1003.52(1)(d), (16), F.S.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: July 24, 2024, 9:00 a.m.

PLACE: Rosen Shingle Creek Hotel, 9939 Universal Boulevard, Suwannee 18/19/20, Orlando, FL 32819.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Justin Tarin, Bureau Chief, Bureau of Accountability Reporting, Division of Accountability, Research, and Measurement, Florida Department of Education, 325 West Gaines Street, Suite 514, Tallahassee, Florida 32399-0400, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-1.099812 Education Accountability for Department of Juvenile Justice Education Programs.

Rulemaking Authority 1001.02(2)(n), 1003.52(16), (21) FS. Law Implemented 1003.52 FS. History–New 10-18-18, Amended 10-27-20, Repealed

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Justin Tarin, Bureau Chief, Bureau of Accountability Reporting, Division of Accountability, Research, and Measurement

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Manny Diaz Jr., Commissioner of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 10, 2024