This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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DATE: 5/17/2023
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS
BILL #: CS/CS/CS/HB 939 Florida Scholars Academy
SPONSOR(S): Judiciary Committee and Justice Appropriations Subcommittee and Criminal Justice
Subcommittee, Jacques and others
TIED BILLS: IDEN./SIM. BILLS: CS/SB 7014
FINAL HOUSE FLOOR ACTION: 118 Y’s
0 N’s GOVERNOR’S ACTION: Approved
SUMMARY ANALYSIS
CS/CS/CS/HB 939 passed the House on May 2, 2023, as CS/SB 7014.
Florida’s Early Learning-20 education system provides for the delivery of early learning and public education through
publicly supported and controlled K-12 schools, Florida College System institutions, state universities and other
postsecondary educational institutions, other educational institutions, and other educational services. The public K-
12 schools provide instruction for students in Department of Juvenile Justice (DJJ) programs.
Section 20.316, F.S., establishes the DJJ, and directs the Governor to appoint a Secretary of DJJ (Secretary) who is
responsible for planning, coordinating, and managing all juvenile justice services and programs within the juvenile
justice continuum. The court that has jurisdiction of an adjudicated delinquent child may commit the child to a DJJ
minimum-risk nonresidential, nonsecure residential, high-risk residential, or maximum-risk residential program. Such
commitment must be for the purpose of exercising active control over the child, including, but not limited to, custody,
care, training, monitoring for substance abuse, electronic monitoring, and treatment of the child and release of the
child from residential commitment into the community in a postcommitment nonresidential conditional release
program.
The Department of Education (DOE) serves as the lead agency providing coordination and oversight of juvenile
justice education programs, curriculum, support services, and resources. Students who do not attend a local public
school due to their placement in a DJJ detention, prevention, residential, or day treatment program are provided
educational programs by the local school district in which the DJJ facility is located or by a provider through a
contract with the local school district. The district school board makes provisions for each student to participate in
basic, career and professional education, and exceptional student programs, as appropriate. Currently, district
school boards directly provide nearly 60 percent of the educational services in residential programs and contract
with private providers to serve the remaining sites and students.
The bill creates s. 985.619, F.S., to require DJJ to establish the Florida Scholars Academy (Academy) to deliver
educational opportunities to students served in residential commitment programs. The bill requires DJJ to contract
with an education service provider to provide educational pathways including a K-12 education, high school
equivalency diploma, career and technical education credential, and enrollment in a degree program at a state
college or university, with an emphasis on attaining an industry-recognized credential of value from the Master
Credentials List. The bill creates a five-member board of trustees (Board) to govern the Academy and provides the
specified powers and duties of the Board. The bill grants both the Board and DJJ rulemaking authority and requires
the Academy to comply with specified accounting and auditing requirements.
The bill amends s. 20.316, F.S., to direct the Secretary to oversee the establishment of the Academy and amends s.
1000.04, F.S., to include the Academy as a component of the delivery of public education within Florida’s Early
Learning-20 education system.
For Fiscal Year 2023-2024, the bill provides a recurring appropriation of $12 million from the General Revenue Fund
to DJJ to comply wih the requirements of the bill.
The bill was approved by the Governor on May 12, 2023, ch. 2023-59, L.O.F., and will become effective on July 1,
2023.
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I. SUBSTANTIVE INFORMATION
A. EFFECT OF CHANGES:
Background
Florida’s Early Learning-20 Education System
Florida’s Early Learning-20 education system was crafted to provide for a state system of schools,
courses, classes, and educational institutions and services adequate to allow all Florida’s students the
opportunity to obtain a high-quality education.
1
The system provides for the delivery of early learning
and public education through publicly supported and controlled K-12 schools, Florida College System
institutions, state universities and other postsecondary educational institutions, other educational
institutions, and other educational services as provided or authorized by the Constitution and laws of
the state.
2
Public K-12 schools provide 13 consecutive years of instruction, beginning with
kindergarten, and also provide instruction for students with disabilities, gifted students, limited English
proficient students, and students in Department of Juvenile Justice (DJJ) programs.
3
The funds for
support and maintenance of the public K-12 schools is derived from state, district, federal, and other
lawful sources or combinations of sources, including any fees charged nonresidents as provided by
law.
4
Department of Juvenile Justice
Section 20.316, F.S., establishes the DJJ, and directs the Governor to appoint a Secretary of DJJ
(Secretary) who is responsible for planning, coordinating, and managing all juvenile justice services
and programs within the juvenile justice continuum. The juvenile justice continuum includes all:
children-in-need-of-services programs; families-in-need-of-services programs; other prevention, early
intervention, and diversion programs; detention centers and related programs and facilities; community-
based residential commitment and nonresidential programs; and delinquency institutions provided or
funded by DJJ.
5
The Secretary must perform specified duties relating to DJJ programs and services,
including, but not limited to:
Ensuring DJJ programs and services are implemented according to legislative intent; state and
federal laws, rules, and regulations; statewide program standards; and performance objectives
by reviewing and monitoring regional and circuit program operations and providing technical
assistance to those programs.
Identifying the need for and recommending the funding and implementation of an appropriate
mix of programs and services within the juvenile justice continuum, including prevention,
diversion, nonresidential and residential commitment programs, training schools, and
conditional release programs and services, with an overlay of educational, vocational, alcohol,
drug abuse, and mental health services where appropriate.
Establishing program policies and rules and ensuring that those policies and rules encourage
cooperation, collaboration, and information sharing with community partners in the juvenile
justice system to the extent authorized by law.
6
Juvenile Commitment
1
S. 1000.01(3), F.S.
2
S. 1000.04, F.S.
3
S. 1000.01(4), F.S.
4
Id.
5
S. 20.316(1)(a-b), F.S.
6
S. 20.316(1)(c), F.S.
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The court that has jurisdiction of an adjudicated delinquent child may commit the child to a DJJ
minimum-risk nonresidential, nonsecure residential, high-risk residential, or maximum-risk residential
program.
7
Such commitment must be for the purpose of exercising active control over the child,
including, but not limited to, custody, care, training, monitoring for substance abuse, electronic
monitoring, and treatment of the child and release of the child from residential commitment into the
community in a postcommitment nonresidential conditional release program.
8
Restrictiveness Levels
Minimum-risk nonresidential programs work with youth who remain in and have full access to the
community and participate at least five days a week in a day treatment program.
9
Nonsecure residential programs are residential but may allow youth to have supervised access to the
community. Facilities at this commitment level are either environmentally secure, staff secure, or are
hardware-secure with walls, fencing, or locking doors.
10
High-risk residential programs are residential and do not allow youth to have access to the community,
except that temporary release providing community access for up to 72 continuous hours may be
approved by a court for a youth who has made successful progress in his or her program in order for
the youth to attend a family emergency or, during the final 60 days of his or her placement, to visit his
or her home, enroll in school or a career and technical education program, complete a job interview, or
participate in a community service project. High-risk residential facilities are hardware-secure with
perimeter fencing and locking doors.
11
Maximum-risk residential programs include juvenile correctional facilities and juvenile prisons. The
programs at this commitment level are long-term residential and do not allow youth to have access to
the community. Facilities at this commitment level are maximum-custody, hardware-secure with
perimeter security fencing and locking doors.
12
Each residential program provides 24-hour awake supervision, custody, care, and treatment of
residents.
13
Department of Juvenile Justice Education Services
The Department of Education (DOE) serves as the lead agency providing coordination and oversight of
juvenile justice education programs,
14
curriculum, support services, and resources. DOE serves in
tandem with DJJ through designated coordinators from each agency to resolve issues not addressed
by district school boards and to provide participation in:
Training, collaborating, and coordinating with district school boards, local workforce
developmental boards, and local youth councils, education contract providers, and juvenile
justice providers, whether state operated or contracted.
7
Ss. 985.441(1)(b) and 985.03(44), F.S.
8
S. 985.441(1)(b), F.S.
9
S. 985.03(44)(a), F.S.
10
S. 985.03(44)(b), F.S.
11
S. 985.03(44)(c), F.S.
12
S. 985.03(44)(d), F.S.
13
S. 985.03(44), F.S.
14
Juvenile justice education programs or schools operate for the purpose of providing educational services to youth in DJJ programs
for a school year comprised of 250 days of instruction distributed over 12 months. At the request of the provider, a district school board
may decrease the minimum number of days of instruction by up to 10 days for teacher planning for residential programs and up to 20
days for teacher planning for nonresidential programs, subject to the approval of the DJJ and the DOE. A provider is DJJ, the sheriff, or
a private, public, or other governmental organization under contract with either DJJ or the sheriff that provides treatment, care and
custody, or educational programs for youth in juvenile justice intervention, detention, or commitment programs. S. 1003.01(11)(a) and
(b), F.S.
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Collecting information on the academic, career and professional education (CAPE), and
transition performance of students in juvenile justice programs and reporting on the results.
Developing academic and CAPE protocols that provide guidance to district school boards and
juvenile justice education providers in all aspects of education programming, including records
transfer and transition.
Implementing a joint accountability, program performance, and program improvement
process.
15
Each year, DOE and DJJ develop a cooperative agreement and plan for juvenile justice education
service enhancement that includes, at a minimum, each agency’s role regarding education program
accountability, technical assistance, training, and coordination of services. The agreement and plan are
submitted to the Secretary and the Commissioner of Education (Commissioner).
16
Students who do not attend a local public school due to their placement in a DJJ detention, prevention,
residential, or day treatment program are provided educational programs by the local school district in
which the DJJ facility is located or by a provider through a contract with the local school district.
17
The
district school board makes provisions for each student to participate in basic, CAPE, and exceptional
student programs, as appropriate. Each student must have access to the appropriate courses and
instruction to prepare them for the high school equivalency examination. School districts are required to
provide the high school equivalency examination exit option for all juvenile justice education
programs.
18
Currently, school districts directly provide nearly 60 percent of the educational services in
DJJ residential programs and contract with private providers to serve the remaining sites and
students.
19
DOE, with the assistance of the district school boards and juvenile justice education providers, must
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. DOE and DJJ must
jointly review the effectiveness of this assessment and implement any necessary changes.
20
Each district school board must negotiate a cooperative agreement with DJJ regarding the delivery of
educational programming to DJJ students. Such an agreement must include provisions that address
certain issues, such as:
Curriculum and delivery of instruction;
Classroom management procedures and attendance policies;
Procedures for the provision of qualified instructional personnel;
Improving skills in teaching and working with juvenile delinquents;
Transition plans for students moving into and out of juvenile facilities; and
Deficiencies found through the quality assurance process and strategies for correcting such
deficiencies.
21
Residential juvenile justice education programs with a contracted minimum length of stay of:
Nine months must provide CAPE courses that lead to preapprentice certifications and industry
certifications.
Less than nine months may provide career education courses that lead to preapprentice
certifications and CAPE industry certifications.
15
S. 1003.52(1), F.S.
16
Id.
17
Juvenile justice education programs are subject to the rules of the State Board of Education. S. 1003.52(2), F.S.
18
S. 1003.52(3)(a-c), F.S.
19
DJJ, HB 939 Agency Legislative Bill Analysis, p. 2 (2023)(on file with the House Criminal Justice Subcommittee).
20
S. 1003.52(3)(d), F.S.
21
S. 1003.52(14), F.S.
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Less than 40 days may be limited to tutorial remediation activities, career employability skills
instruction, education counseling, and transition services that prepare students for a return to
school, the community, and their home settings based on the student’s needs.
22
Funding for eligible students enrolled in juvenile justice education programs is provided through the
Florida Education Finance Program (FEFP).
23
The FEFP is the primary mechanism for funding the
operating costs of Florida school districts. The FEFP is a funding formula that bases financial support
for education upon the individual student participating in a particular educational program rather than
upon the number of teachers or classrooms.
24
Effect of the Bill
The bill creates s. 985.619, F.S., to require DJJ to establish the Florida Scholars Academy (Academy)
to deliver educational opportunities to students served in residential commitment programs. Students
sentenced to adult facilities are not eligible to enroll in the Academy. Under the bill, each residential
program site established, authorized, or designated by DJJ is considered a campus of the Academy.
The bill requires DJJ to contract with an education service provider with a proven track record of
success to operate, provide, or supplement full-time instruction and instructional support services for
educational pathways including a K-12 education, high school equivalency diploma, career and
technical education credential pursuant to s. 1003.4282(10), F.S.,
25
and enrollment in a degree
program at a state college or university, with an emphasis on attaining an industry-recognized
credential of value from the Master Credentials List under s. 445.004(4)(h), F.S.
26
Under the bill, the
contracted education service provider is responsible for the administration of all educational services to
students enrolled in the Academy. The bill requires the superintendent of the Academy, who will be
responsible for the management and day-to-day operation of the Academy, to be approved by the
Secretary.
The bill requires the Academy to be governed by a five-member board of trustees (Board), comprised
of:
The Secretary or his or her designee.
Four members appointed by the Governor.
Initially, the Secretary or his or her designee must serve as chair for a term of four years.
The bill specifies the Board has the following powers and duties:
To meet at least four times each year, upon the call of the chair or at the request of a majority of
the membership.
To be responsible for the Academy’s development of an education delivery system that is cost-
effective, high-quality, educationally sound, and sustainable.
To identify appropriate performance measures and standards based on student achievement.
To implement an accountability system approved by the State Board of Education for the
Academy by the 2024-2025 school year that includes an assessment of the Academy’s
effectiveness and efficiency in providing quality services that encourage high student
achievement, seamless articulation, and maximum access to career opportunities.
22
S. 1003.52(5), F.S.
23
Ss. 1003.52(12) and 1011.62 F.S.
24
Office of Program Policy Analysis and Government Accountability, Florida Education Finance Program,
https://oppaga.fl.gov/ProgramSummary/BackPageDetail?programNumber=2002&backPageNumber=01 (last visited Mar. 16, 2023).
25
A student is eligible to complete an alternative pathway to earning a standard high school diploma through the Career and Technical
Education (CTE) pathway option. The CTE pathway option requires the student to complete at least 18 credits with a cumulative grade
point average of 2.0 and meet other coursework requirements. S. 1003.4282(10), F.S.
26
Credentials included are: registered apprenticeship programs, industry certifications, licenses, advanced technical certificates,
college credit certificates, career certificates, applied technology diplomas, associate degrees, baccalaureate degrees, and graduate
degrees. S. 445.004(4)(h), F.S.
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To administer and maintain the Academy’s educational programs in consultation with the State
Board of Education.
To determine, with the approval of the Secretary or his or her designee, the compensation,
including salaries and fringe benefits, and other conditions of employment for Academy
personnel.
To review the hiring of all Academy administrative and instructional personnel, who shall be
subject to rejection for cause by the Secretary or his or her designee and subject to policies
established by the Board.
To provide for the content and custody of student records pursuant to s. 1002.22, F.S.
27
To maintain the Academy’s financial records and accounts.
Under the bill, Board members must serve without compensation, but may be reimbursed for per diem
and travel expenses pursuant to s. 112.061, F.S.
28
The bill authorizes the Board to adopt rules, policies, and procedures, consistent with law and the rules
of the State Board of Education, relating to governance, personnel, budget and finance, administration,
programs, curriculum and instruction, travel and purchasing, technology, students, contracts and
grants, and property as necessary for the optimal and efficient operation of the Academy.
The bill authorizes funding, subject to appropriation, for the operational and instructional services for all
students enrolled in the Academy. Under the bill, the Secretary must prepare and submit a legislative
budget request on behalf of the Academy as part of DJJ’s larger legislative budget request. The request
of funds may be for operation and fixed capital outlay. The bill provides the Academy’s fiscal year will
run from July 1 to June 30. The bill prohibits the credit of the State from being pledged on behalf of the
Academy.
The bill requires the Academy to be audited annually by an independent certified licensed accountant.
The audit report must be submitted to the Board and Auditor General no later than nine months after
the end of the preceding fiscal year. The bill requires the Board to respond to recommendations
included in the audit report or received directly from the Auditor General with evidence of corrective
action within 45 days after receipt of the recommendations.
The bill amends s. 20.316, F.S., to direct the Secretary to oversee the establishment of the Academy.
The bill also amends s. 1000.04, F.S., to include the Academy as a component of the delivery of public
education within Florida’s Early Learning-20 education system.
Finally, beginning in the 2023-2024 fiscal year, the bill appropriates a recurring sum of $12 million from
the General Revenue Fund to DJJ to comply with the requirements of the bill.
The effective date of this bill is July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
See Fiscal Comments.
2. Expenditures:
27
In order to maintain the eligibility of public educational institutions and agencies to receive federal funds and participate in federal
programs, the State Board of Education must comply with the federal Family Educational Rights and Privacy Act with respect to
education records created, maintained, or used by public educational institutions and agencies. S. 1002.22(2), F.S.
28
Establishes standard travel reimbursement rates, procedures, and limitations applicable to all public officers, employees, and
authorized persons whose travel is authorized and paid by a public agency. S. 112.061, F.S.
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See Fiscal Comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may have an indeterminate positive impact on the private sector as the bill allows for DJJ to
contract with an education service provider, which may be a private entity.
D. FISCAL COMMENTS:
The bill may have an indeterminate impact on state government as district school boards will no longer
be applying for or receiving FEFP funding for educational services within DJJ residential programs. To
the extent that the state will no longer provide FEFP funding for those students, it may have a positive
indeterminate impact on DOE expenditures. Any such impact is indeterminate and could potentially
offset some future costs of implementing the bill.
The bill provides a recurring appropriation of $12 million from the General Revenue Fund for Fiscal
Year 2023-2024 for the initial establishment of the Florida Scholars Academy.