FLORIDA DEPARTMENT OF JUVENILE JUSTICE

Transcription

1 FLORIDA DEPARTMENT OF JUVENILE JUSTICE Rick Scott, Governor Wansley Walters, Secretary December 31, 2013 Cynthia Kelly, Director Office of Policy and Budget Executive Office of the Governor 1701 The Capitol Tallahassee, Florida The Honorable Joe Negron, Chair Senate Committee on Appropriations 404 South Monroe Street 201 The Capitol Tallahassee, Florida The Honorable Seth McKeel, Chair House Appropriations Committee 221 The Capitol 402 South Monroe Street Tallahassee, Florida Dear Chairmen Negron and McKeel and Director Kelly: Pursuant to the requirements of proviso language preceding item 1128 of the General Appropriations Act, please find attached the Department of Education/Department of Juvenile Justice interagency workgroup report on our efforts to provide guidance on how educational services in residential programs will be provided. DOE/DJJ/ Interagency Workgroup members include: Misty Bradley, Education Specialist for Juvenile Justice Programs, Florida Department of Education Julie Orange, Director of Education, Florida Department of Juvenile Justice Rick Casey, Consultant, Project 10: Transition Education Network Pat Collins, Director of Administrative Services, Washington County School District Cathy Craig-Myers, Executive Director, Florida Juvenile Justice Association Melvin Herring, Programs Director, Title I, Part D and Public School Options, Florida Department of Education Dehryl McCall, Program Manager, Workforce Florida, Inc Mike McCann, Supervisor of Drop-out Prevention, Alternative Education, Truancy Programs and Child Labor laws, Manatee County School District 2737 Centerview Drive Tallahassee, Florida (850) The mission of the Department of Juvenile Justice is to increase public safety by reducing juvenile delinquency through effective prevention, intervention, and treatment services that strengthen families and turn around the lives of troubled youth.

2 December 31, Jean Becker-Powell, Director of Policy and Programming, Florida Department of Juvenile Justice Jane Silveria, State Supervisor, Special Populations; Equity; CTE Assessment, Florida Department of Education Ramon Suarez, Supervisor of Career and Technical Education, Pasco County School District This workgroup provides interagency communication and collaboration that is essential to the effective and efficient delivery of educational services to youth served in juvenile justice education programs in compliance with all applicable provisions of state statutes and rules. The enclosed report contains an overview of how educational services are currently provided in residential DJJ programs and includes challenges faced and recommendations to better serve students in juvenile justice education programs. Lastly, I want to express appreciation for the Legislature providing funding for residential commitment programs to prepare their sites adequately for the upcoming changes to the General Education Development (GED) test. Sincerely, Wansley Walters, Secretary cc: The Honorable Rob Bradley, Chair Senate Appropriations Sub Committee on C&CJ The Honorable Charles McBurney, Chair House Justice Appropriations Subcommittee Tim Sadberry, Staff Director, Senate Appropriations Sub Committee on C&CJ Tony Lloyd, Staff Director, House Justice Appropriations Subcommittee Bonnie Rogers, Policy Coordinator, OPB Public Safety Unit

3 Florida Department of Education and Department of Juvenile Justice Review of Educational Services in DJJ Residential Programs January 1, 2014 Pam Stewart, Commissioner of Education Wansley Walters, Secretary of the Department of Juvenile Justice 1

4 Contents BACKGROUND... 3 Legislative Intent... 3 THE DEPARTMENT OF JUVENILE JUSTICE... 3 Residential Services... 3 Trends in Residential Commitment... 4 THE DEPARTMENT OF EDUCATION AND SCHOOL DISTRICTS... 5 Educational Services in Juvenile Justice Schools... 5 Academic programs... 5 Career Education... 6 General Education Development (GED)... 7 Transition from Juvenile Justice to Community... 7 Educational Program Accountability... 8 CHALLENGES... 8 Flexible School Schedules... 8 Small Programs... 9 Teacher Recruitment and Retention... 9 Educational Oversight and Accountability... 9 Transition... 9 RECOMMENDATIONS Educational Services Teacher Certification/Professional Development Data/Accountability Transition

5 BACKGROUND Legislative Intent As part of its budget-making authority, the Legislature provides specific legislative intent for projects, reports, and recommendations through proviso directives. The recommendations contained in this report fulfill the requirements of the proviso language found in the 2013 General Appropriations Act (SB 1500) under the Residential Corrections Program: A review by a Department of Education/Department of Juvenile Justice interagency workgroup shall occur prior to the 2014 Legislative session to provide further guidance on how educational services in residential programs will be provided. Finally, the workgroup must report their recommendations and results to the Governor s Office of Policy and Budget and the chairs of the Senate Appropriations Committee and the House Appropriations Committee by January 1, THE DEPARTMENT OF JUVENILE JUSTICE Every youth under the age of 18 charged with a crime in Florida is referred to the Department of Juvenile Justice (DJJ). A referral corresponds to an arrest in the adult criminal justice system. DJJ provides a recommendation to the State Attorney and the Court regarding appropriate sanctions and services for the youth. When making a recommendation, DJJ has several options that may allow the youth to remain in his or her home community by participating in an early intervention or day treatment program. Residential Services DJJ s Office of Residential Services is responsible for the development, maintenance, and management of facilities and programs for youth committed to the department. In Florida, a judge commits a child to the department at a specific restrictiveness level. Prior to the judges ruling, the department s commitment manager works with the child s juvenile probation officer (JPO) to recommend to the court an appropriate residential commitment level. The restrictiveness levels of residential commitment are as follows: Low-risk residential Programs at this commitment level are residential but may allow youth to have unsupervised access to the community. Youth placed in low-risk residential placement generally have, as their most serious current offense, repeated misdemeanors or a third-degree felony and have usually performed unsuccessfully in diversion or probation programs. Youth have an anticipated length of stay of three to six months. Moderate-risk residential Programs at this commitment level are residential but may allow youth to have supervised access to the community. Youth placed in programs at this commitment level represent a moderate risk to public safety and require close supervision. Youth have an anticipated length of stay of six to nine months. High-risk residential Placement in programs at this level is prompted by a concern for public safety that outweighs placement in programs at lower commitment levels. Youth placed in programs at this commitment level require close supervision in a structured residential setting. Programs at this commitment level do not allow youth to have access to the community, except for temporary releases approved by the court, or during the final 60 days of his or her placement, to visit his or her home, enroll in school or a vocational program, complete a job interview, or participate in a community service project. Youth have an anticipated length of stay of nine to 12 months. 3

6 Maximum-risk residential Placement in a program at this level is prompted by a demonstrated need to protect the public. The programs are long-term residential and do not allow youth to have access to the community except to receive medical attention that cannot be obtained on the grounds or to make court appearances. Youth in maximumrisk programs may be retained until their 22nd birthday but the average length of stay is between months. Juvenile residential facilities range from wilderness camps to halfway houses, youth development centers to sex-offender and substance-abuse treatment programs, and vocational education and behavior modification programs to maximum-security and behavioral correctional facilities. Unlike the adult correctional system, each youth in a residential commitment program must receive educational and vocational services. A juvenile is committed to a residential program for an indeterminate length of time even though each program has an average length of stay. DJJ provides behavioral health, mental health, substance abuse and sex offender treatment services to committed youths identified as needing these specialized services. Placing youth into specialized needs programs protects the public and holds youth accountable for their actions while teaching them the skills and behaviors they need to avoid further delinquent acts. As one of the requirements for release, each youth must complete an individually-designed treatment plan based upon his or her rehabilitative needs. Trends in Residential Commitment Over the past 15 years, Florida has seen an overall reduction of more than 62% in the number of youth assigned to juvenile justice residential commitment by a judge. In the past five years, that reduction has been nearly 51% and shown a steady decline for nine years as displayed in the following graph. Individual Youth Assigned to Residential Commitment 10,000 8,113 9,000 8,000 7,000 6,000 5,000 4,000 3,000 2,000 1, ,033 8,834 8,777 8,983 8,790 8,897 8,206 7,086 6,587 6,240 5,318 4,585 3,563 3,067 4

7 THE DEPARTMENT OF EDUCATION AND SCHOOL DISTRICTS It is the goal of the Legislature that youth in the juvenile justice system continue to be allowed the opportunity to obtain a high-quality education designed to meet their unique needs (s , F.S.) The Florida Department of Education (FDOE) defines a juvenile justice education program or school as a school that provides educational services for youth in juvenile justice intervention, detention, or commitment programs that are delivered by the DJJ, the sheriff, or a private, public, or other governmental organization under contract with the DJJ or the sheriff. (s (11)(b), F.S.) The district school board of the county in which the residential or nonresidential care facility is located provides appropriate educational assessments and an appropriate program of instruction and special education services. Once a student is placed in a DJJ facility, he/she is enrolled in the juvenile justice education program through the district s management information system. Educational Services in Juvenile Justice Schools The educational program consists of appropriate basic academic, career, or exceptional curricula and related services that support the treatment goals and may lead to completion of the requirements for receipt of a high school diploma or its equivalent. Rule 6A requires that all students placed in a DJJ program, who meet the eligibility criteria for exceptional student education (ESE), shall be provided a free appropriate public education. The rule also requires that all limited English proficient students placed in a DJJ program shall have equal access to entitled services, including assessment and appropriate instructional strategies consistent with the requirements of Chapter 6A-6, F.A.C. DJJ education programs operate on a year-round basis. Rule 6A requires the instructional program to consist of 250 days or its hourly equivalent. The requirements must be distributed over 12 months. With programs now being given the flexibility to provide instruction based on hours rather than days, schools may choose to distribute the hours differently. As an example, a school might choose to offer 375 minutes of instruction a day for four days per week rather than 300 minutes a day for five days. Another example of flexible scheduling might involve adjustments to the length of time needed to earn a credit. For instance, juvenile justice education programs may choose to operate on a trimester rather than semester system. Therefore, an individual student expected to remain in the program for a limited time (e.g., 45 days) may be allowed to earn two full credits during those 45 days rather than be enrolled in a standard six-period day. Academic programs DJJ educational programs are designed to meet the unique educational needs of each student, half of who are in ninth or tenth grades and more than 25% who are significantly behind in school. Students in a DJJ program have the opportunity to continue their education upon placement in a juvenile justice program and should be provided access to the same resources as other students in the same county as appropriate. These students also have access to Florida Virtual School and school district virtual school courses as appropriate. Each student s educational needs are assessed upon entry using a common assessment. The results from this assessment are used to develop the student s individual academic plan (IAP) or individual educational plan (IEP) depending on his/her exceptional education status. These plans provide the foundation for the instruction for each student. During the 2012 Fiscal Year, 32% of students in juvenile justice programs were identified as students with disabilities. 5

8 Career Education In addition to academic courses, students in residential programs receive career education instruction based on their program s career type. Section , F.S., defines types of career programming that are to be offered in DJJ programs. The three definitions are as follows: Type 1: Program offerings at commitment facilities with this designation will focus on youth development and include courses that teach personal accountability skills and behaviors that are appropriate for youth in all age groups and ability levels. These skills and behaviors lead to work habits that help maintain employment and living standards. Type 2: Career education offerings at commitment facilities with this designation will include Type 1 program course content and an orientation to the broad scope of career choices, based on the youth s abilities, aptitudes, and interests. Exploring and gaining knowledge of occupation options and the level of effort required to achieve this is an essential prerequisite to skill training at this level. Type 3: Career education offerings at commitment facilities with this designation will include Type 1 program course content and the career education competencies or the prerequisites needed for entry into a specific occupation. Type 3 programs may offer certifications in a multitude of areas, including, but not limited to, automotive repair, book keeping, carpentry, culinary arts, digital design, information technology, and welding. In order to prepare students for entry into a specific occupation, certified career and technical education teachers are required. Although there is a lack of funding and certification challenges, students career education needs must be met. In order to successfully meet these needs, funds are required for at least a part-time career and technical education (CTE) teacher for each residential commitment program. Agreements could be established with local technical schools for the certified teacher already employed through the technical school to teach a course at the juvenile justice education program each semester. As an example, this is currently done in Marion County through a grant and students are receiving nationally recognized vocational and hands-on training in the construction trades industry. The curriculum and certification is provided by the National Center for Construction and Education Research (NCCER) Foundation and Paxton-Patterson. The specific objectives of the program are to provide NCCER Core Curriculum Certification to students who satisfy all course requirements and provide hands-on training in reading blueprints, setting tile, using hand tools, and installing communication systems (e.g., cable, Internet, telephone, and security systems.) This career education opportunity allows students to receive hand-on training in industry recognized trades. In addition, the U.S. Department of Education provides federal funds (i.e., Perkins Grants) to develop more fully the academic, career, and technical skills of students who elect to enroll in career and technical programs. Grants totaling $412, were awarded to eight DJJ programs for FY Focus areas included culinary arts, digital design lab, welding, building construction technology, information technology, and business education. On average, between seven and nine DJJ programs apply and are funded for Perkins Grants each year. 6

9 General Education Development (GED) Additionally, students served in DJJ programs shall have access to the appropriate courses and instruction to prepare them for the General Educational Development (GED) test. Students in DJJ programs can enroll in GED preparation courses and still receive K 12 funding in the Florida Education Finance Program (FEFP). GED preparation consists of adult education courses designed to prepare individuals at a ninth grade level or above to successfully complete the GED subject area tests leading to qualification for a state of Florida high school diploma. DJJ schools reported that in Fiscal Year 2012, 481 students earned GEDs, 141 students earned standard diplomas, and 11 students earned special diplomas. School districts and providers have been responsible for paying for GED testing fees until July On July 1, 2013, funds in Specific Appropriation (SA) 103 provided for eligible Juvenile Justice Education Programs to receive reimbursement for the amount charged to the school for administering the high school equivalency exam for juvenile justice students who pass the high school equivalency exam in full, or in part, while in a Juvenile Justice Education Program. DJJ is collaborating with all high and maximum risk residential facilities to ensure they are aware of the upcoming GED changes and SA 103 and have applied to become GED testing sites as appropriate. After Pearson Vue approves the sites, DJJ orders up to four computers for the site using funds appropriated through the legislature for this purpose. Currently, all but two high and maximum risk sites that applied to become GED testing sites have received their computers as needed and are ready for computer based testing beginning January 1, Two districts are currently working through the approval process with Pearson Vue and one district opted not to apply for approval. The students committed to high and maximum risk facilities in the district that opted not to apply for approval will be transported off site for GED testing following appropriate risk assessments and procedures. Transition from Juvenile Justice to Community Upon completion of a residential commitment program, the youth is released back to the community and enrolled in the school identified by the receiving school district s transition contact as the most appropriate placement for the student. Although some school districts review the individual student s progress while in the commitment program, many school districts require students returning from a DJJ commitment program to enroll in the district s alternative school without consideration of the student s success at their juvenile justice education program. School districts should review the individual needs of each student returning to their district before determining the best educational placement. Research indicates that youth are most likely to reoffend within the first four months of release from a residential commitment program; therefore, providing a seamless school transition is paramount to reducing recidivism rates. To help streamline a student s reentry process, DJJ and DOE collaborated with several school district transition contacts (coordinators) and private provider education program specialists to develop a statewide DJJ Electronic Educational Exit Plan. This plan is a tool to help school district transition contacts prepare for students transitioning from residential commitment programs. The electronic plan and step-by-step instructions on the use of the plan were provided to school districts for piloting statewide in November DJJ s Director of Education is collecting feedback on the use of the plan through February 15, 2014 and will provide feedback to the development committee for appropriate changes. After changes are complete, the DJJ Electronic Educational Exit Plan will be added to the Juvenile Justice Information System (JJIS) to allow for future data collection and reporting. 7

10 To address the need for additional support for youth returning home from a residential commitment program, DJJ developed new services specific to this population which were initiated in July Youth returning home may be eligible to receive educational (including tutoring and GED preparation) and/or vocational services, mentoring and transportation. By March 2014, these contracted slots will be available statewide to youth who are referred and determined to be eligible for placement into the program. DJJ makes a referral to the appropriate provider prior to the youth transitioning out of the commitment program. The provider is expected to be involved with the youth beginning at the 60-day staffing followed by the Community Reentry Team review and the 14-day exit staffing. They are to identify and resolve any obstacles the youth may be facing toward a successful re-entry, as the youth transitioning from residential often have complex personal and family problems. An assigned transition manager is there to assist in resolving these problems without adding to the current duties of the juvenile probation officer. Initially, youth will receive the transition services for three months and be re-evaluated for additional time based on the individual need. Youth receiving transition services will also be under DJJ supervision and will be eligible for additional services including substance abuse and mental health counseling if needed. Educational Program Accountability The Juvenile Justice Education Advisory Committee (JJEAC) met on several occasions prior to the school year and established the Juvenile Justice Education Accountability System (JJEAS.) The advisory committee consisted of 16 members who represented school districts, private providers, DOE, and DJJ. The aim of the JJEAS is to ensure continual program oversight and educational accountability. The system contains a series of data elements which describe demographic features of the program and measures of positive student outcomes, such as academic progress and completion. The data sources include reporting formats from Survey 5, Course Code Directory Information, Master School ID, and the Florida GED Database. Inclusion within the juvenile justice accountability system requires that programs: (1) be either day treatment or residential, (2) be open between July 1st and June 30th of the target year, and (3) serve students for at least 45 school days. If programs open or close during the target year, they must serve students for at least 45 school days to be included. As a result of the advisory committee s work, juvenile justice education programs were to receive annual accountability profiles that describe their performance within the accountability system. CHALLENGES Flexible School Schedules Although flexibility in the school schedule is allowed by rule, providers report that not all school districts support alternative grading periods or allow providers to provide competency-based instruction for students in DJJ programs. Due to the nature of students enrolling and withdrawing from DJJ schools at various times throughout the year, competency-based instruction allows students to complete their courses at their own pace and not be hampered by the traditional course scheduling. 8

11 Small Programs Due to the smaller programs across the state, school districts and private providers do not have adequate funding through the FEFP to provide career and technical education (CTE) teachers to meet students needs. Current statute allows for flexibility of certification based on the individuals background and experience but doesn t require it. DOE has identified minimum years and type of experience that is acceptable for an alternate certification should a district so choose; however, many school districts do not accept any instructors without a traditional 4-year degree and teaching credential. Teacher Recruitment and Retention Section , F.S (10) states that the district school board recruit and train teachers who are interested, qualified or experienced in educating students in juvenile justice programs. Although districts attempt to provide targeted professional development to meet juvenile justice teacher s needs, the 250-day academic calendar prevents many teachers from participating in scheduled district professional development opportunities. DOE hosts the annual Educational Strategies and Student Engagement Institute and offers specific presentations targeted for juvenile justice teachers and administrators; however, feedback from districts and providers indicate the conference is cost prohibitive and very few juvenile justice teachers are provided the opportunity to attend. With the decrease in residential program size, school districts and providers are still required to provide the same range of academic and career education services but with less funding. This creates teacher certification challenges because the funding received through the FEFP for a 24 bed program does not support more than two teachers but student needs require a full range of academic courses to be taught. As a result, school districts and providers struggle to find teachers certified in three or four academic areas each and who are willing to teach 6th-12th grade courses to different students in the same class. This challenge has contributed to additional teacher turnover and less continuity for students. Retention of qualified teachers is problematic in all subject areas but especially in the area of ESE. Educational Oversight and Accountability Concerns continue to be expressed regarding the use of limited data specific to the success/effectiveness of juvenile justice education programming and the timeliness of the data used. This data can be up to a year or more old which does not provide timely analysis of how well programs are performing. If the purpose of evaluating programs is quality improvement, data that is a year old quite often will not be an accurate representation of what a program currently looks like, and if this data is used to develop policy, this policy may not accurately reflect the current state of educational services in juvenile justice programs. Since data drives policy, the interagency workgroup sees a need to develop a system to capture data that is specific to juvenile justice education programs in order for effective juvenile justice education policy to be developed. Transition Transition services are not available to all students returning home from a residential commitment program. Students who are not referred for these services and who are not on probation do not receive any post-commitment transition services to facilitate successful reentry to their school and home/community. Considering the challenges students encounter as they reenter school and the recidivism rates for these youth, additional funding is needed to provide educational transition services to track students attendance and grades, mentor students, and coordinate school and community services. 9

12 RECOMMENDATIONS Educational Services School districts should encourage flexibility including allowing alternative bell systems and grading periods and competency-based curriculum to accommodate the year-round educational programming of juvenile justice students. The legislature should fund at least a part-time career and technical education (CTE) teacher for all residential commitment programs. Teacher Certification/Professional Development Teachers in a juvenile justice education program should be provided access to their respective district s professional development system without cost. Create a Juvenile Justice Educational Certification that allows a juvenile justice teacher to be highly qualified in one core subject area but have flexibility to teach other classes within the general category. Data/Accountability The legislature should fund a workgroup to include school districts, educational providers, parents, students, school district transition contacts, public school principal, and DOE/DJJ staff to review and analyze data and develop an accountability system for juvenile justice education. Funding will be necessary for DOE/DJJ to monitor and evaluate the continuum of services in the juvenile justice system. Develop a juvenile justice education data reporting and collection process as a supplement to DOE s database that will provide real-time juvenile justice education specific analysis. Transition School districts should be prohibited from developing policies that require all students returning from a DJJ program to attend an alternative school after successful completion of a juvenile justice education program. The legislature should facilitate successful reentry by funding an educational transition position in each school district to provide mentoring/advocacy and coordination of services for students reentering a school district after commitment to a DJJ program. 10