Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1254
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Appropriations (Passidomo) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (e) of subsection (1) of section
    6  1002.81, Florida Statutes, is amended to read:
    7         1002.81 Definitions.—Consistent with the requirements of 45
    8  C.F.R. parts 98 and 99 and as used in this part, the term:
    9         (1) “At-risk child” means:
   10         (e) A child in the custody of a parent who is considered a
   11  victim of domestic violence and is receiving services through
   12  residing in a certified domestic violence center.
   13         Section 2. Present paragraphs (n) through (x) of subsection
   14  (2) of section 1002.82, Florida Statutes, are redesignated as
   15  paragraphs (p) through (z), respectively, paragraphs (k) and (m)
   16  and present paragraph (n) of subsection (2) and paragraph (a) of
   17  subsection (5) of that section are amended, and new paragraphs
   18  (n) and (o) are added to subsection (2) of that section, to
   19  read:
   20         1002.82 Office of Early Learning; powers and duties.—
   21         (2) The office shall:
   22         (k) Identify observation-based child Select assessments
   23  that are valid, reliable, and developmentally appropriate for
   24  use at least three times a year for use as preassessment and
   25  postassessment for the age ranges specified in the coalition
   26  plans. The assessments must:
   27         1.Provide interval level and criterion-referenced data
   28  that measures equivalent levels of growth across the core
   29  domains of early childhood development and that can be used for
   30  determining developmentally appropriate learning gains.
   31         2.Measure progress in the performance standards adopted
   32  pursuant to paragraph (j).
   33         3.Provide for appropriate accommodations for children with
   34  disabilities and English language learners and be administered
   35  by qualified individuals, consistent with the developer’s
   36  instructions.
   37         4.Coordinate with the performance standards adopted by the
   38  department under s. 1002.67(1) for the Voluntary Prekindergarten
   39  Education Program.
   40         5.Provide data in a format for use in the single statewide
   41  information system to meet the requirements of paragraph (q) be
   42  designed to measure progress in the domains of the performance
   43  standards adopted pursuant to paragraph (j), provide appropriate
   44  accommodations for children with disabilities and English
   45  language learners, and be administered by qualified individuals,
   46  consistent with the publisher’s instructions.
   47         (m) Adopt by rule a standard statewide provider contract to
   48  be used with each school readiness program provider, with
   49  standardized attachments by provider type. The office shall
   50  publish a copy of the standard statewide provider contract on
   51  its website. The standard statewide contract shall include, at a
   52  minimum, contracted slots, if applicable, in accordance with the
   53  Child Care and Development Block Grant Act of 2014, 45 C.F.R.
   54  parts 98 and 99; quality improvement strategies, if applicable;
   55  program assessment requirements; and provisions for provider
   56  probation, termination for cause, and emergency termination for
   57  those actions or inactions of a provider that pose an immediate
   58  and serious danger to the health, safety, or welfare of the
   59  children. The standard statewide provider contract shall also
   60  include appropriate due process procedures. During the pendency
   61  of an appeal of a termination, the provider may not continue to
   62  offer its services. Any provision imposed upon a provider that
   63  is inconsistent with, or prohibited by, law is void and
   64  unenforceable. Provisions for termination for cause must also
   65  include failure to meet the minimum quality measures established
   66  under paragraph (n) for a period of up to 5 years, unless the
   67  coalition determines that the provider is essential to meeting
   68  capacity needs based on the assessment under s. 1002.85(2)(j)
   69  and the provider has an active improvement plan pursuant to
   70  paragraph (n).
   71         (n)Adopt a program assessment for school readiness program
   72  providers that measures the quality of teacher-child
   73  interactions, including emotional and behavioral support,
   74  engaged support for learning, classroom organization, and
   75  instructional support for children ages birth to 5 years. The
   76  program assessment must also include:
   77         1.Quality measures, including a minimum threshold for
   78  contracting purposes and program improvement through an
   79  improvement plan.
   80         2.Requirements for program participation, frequency of
   81  program assessment, and exemptions.
   82         (o)No later than July 1, 2019, develop a differential
   83  payment program based on the quality measures adopted by the
   84  office under paragraph (n). The differential payment may not
   85  exceed a total of 15 percent for each care level and unit of
   86  child care for a child care provider. No more than 5 percent of
   87  the 15 percent total differential may be provided to providers
   88  who submit valid and reliable data to the statewide information
   89  system in the domains of language and executive functioning
   90  using a child assessment identified pursuant to paragraph (k).
   91  Providers below the minimum threshold for contracting purposes
   92  are ineligible for such payment.
   93         (q)(n) Establish a single statewide information system that
   94  each coalition must use for the purposes of managing the single
   95  point of entry, tracking children’s progress, coordinating
   96  services among stakeholders, determining eligibility of
   97  children, tracking child attendance, and streamlining
   98  administrative processes for providers and early learning
   99  coalitions. By July 1, 2019, the system, subject to ss. 1002.72
  100  and 1002.97, shall:
  101         1. Allow a parent to monitor the development of his or her
  102  child as the child moves among programs within the state.
  103         2. Enable analysis at the state, regional, and local level
  104  to measure child growth over time, program impact, and quality
  105  improvement and investment decisions.
  106         (5) By January 1 of each year, the office shall annually
  107  publish on its website a report of its activities conducted
  108  under this section. The report must include a summary of the
  109  coalitions’ annual reports, a statewide summary, and the
  110  following:
  111         (a) An analysis of early learning activities throughout the
  112  state, including the school readiness program and the Voluntary
  113  Prekindergarten Education Program.
  114         1. The total and average number of children served in the
  115  school readiness program, enumerated by age, eligibility
  116  priority category, and coalition, and the total number of
  117  children served in the Voluntary Prekindergarten Education
  118  Program.
  119         2. A summary of expenditures by coalition, by fund source,
  120  including a breakdown by coalition of the percentage of
  121  expenditures for administrative activities, quality activities,
  122  nondirect services, and direct services for children.
  123         3. A description of the office’s and each coalition’s
  124  expenditures by fund source for the quality and enhancement
  125  activities described in s. 1002.89(6)(b).
  126         4. A summary of annual findings and collections related to
  127  provider fraud and parent fraud.
  128         5. Data regarding the coalitions’ delivery of early
  129  learning programs.
  130         6. The total number of children disenrolled statewide and
  131  the reason for disenrollment.
  132         7. The total number of providers by provider type.
  133         8.The number of school readiness program providers who
  134  have completed the program assessment required under paragraph
  135  (2)(n); the number of providers who have not met the minimum
  136  threshold for contracting established under that paragraph; and
  137  the number of providers that have an active improvement plan
  138  based on the results of the program assessment under that
  139  paragraph.
  140         9.8. The total number of provider contracts revoked and the
  141  reasons for revocation.
  142         Section 3. Subsection (4) of section 1002.84, Florida
  143  Statutes, is amended to read:
  144         1002.84 Early learning coalitions; school readiness powers
  145  and duties.—Each early learning coalition shall:
  146         (4) Establish a regional Warm-Line as directed by the
  147  office pursuant to s. 1002.82(2)(t) s. 1002.82(2)(r). Regional
  148  Warm-Line staff shall provide onsite technical assistance, when
  149  requested, to assist child care facilities and family day care
  150  homes with inquiries relating to the strategies, curriculum, and
  151  environmental adaptations the child care facilities and family
  152  day care homes may need as they serve children with disabilities
  153  and other special needs.
  154         Section 4. Paragraphs (c) and (d) of subsection (2) of
  155  section 1002.85, Florida Statutes, are amended, and paragraph
  156  (j) is added to that subsection, to read:
  157         1002.85 Early learning coalition plans.—
  158         (2) Each early learning coalition must biennially submit a
  159  school readiness program plan to the office before the
  160  expenditure of funds. A coalition may not implement its school
  161  readiness program plan until it receives approval from the
  162  office. A coalition may not implement any revision to its school
  163  readiness program plan until the coalition submits the revised
  164  plan to and receives approval from the office. If the office
  165  rejects a plan or revision, the coalition must continue to
  166  operate under its previously approved plan. The plan must
  167  include, but is not limited to:
  168         (c) The coalition’s procedures for implementing the
  169  requirements of this part, including:
  170         1. Single point of entry.
  171         2. Uniform waiting list.
  172         3. Eligibility and enrollment processes and local
  173  eligibility priorities for children pursuant to s. 1002.87.
  174         4. Parent access and choice.
  175         5. Sliding fee scale and policies on applying the waiver or
  176  reduction of fees in accordance with s. 1002.84(8).
  177         6. Use of preassessments and postassessments, as
  178  applicable.
  179         7. Payment rate schedule.
  180         8.Use of contracted slots, as applicable, based on the
  181  results of the assessment required under paragraph (j).
  182         (d) A detailed description of the coalition’s quality
  183  activities and services, including, but not limited to:
  184         1. Resource and referral and school-age child care.
  185         2. Infant and toddler early learning.
  186         3. Inclusive early learning programs.
  187         4.Quality improvement strategies that strengthen teaching
  188  practices and increase child outcomes.
  189         (j)An assessment of local priorities within the county or
  190  multi-county region based on the needs of families and provider
  191  capacity using available community data.
  192         Section 5. Subsections (1), (2), (3), and (7) of section
  193  1002.87, Florida Statutes, are amended to read:
  194         1002.87 School readiness program; eligibility and
  195  enrollment.—
  196         (1) Each early learning coalition shall give priority for
  197  participation in the school readiness program as follows:
  198         (a) Priority shall be given first to a child younger than
  199  13 years of age from a family that includes a parent who is
  200  receiving temporary cash assistance under chapter 414 and
  201  subject to the federal work requirements.
  202         (b) Priority shall be given next to an at-risk child
  203  younger than 9 years of age.
  204         (c) Subsequent priority shall be given , based on the early
  205  learning coalition’s local priorities identified under s.
  206  1002.85(2)(j), to children who meet the following criteria: next
  207  to
  208         1. A child from birth to the beginning of the school year
  209  for which the child is eligible for admission to kindergarten in
  210  a public school under s. 1003.21(1)(a)2. who is from a working
  211  family that is economically disadvantaged, and may include such
  212  child’s eligible siblings, beginning with the school year in
  213  which the sibling is eligible for admission to kindergarten in a
  214  public school under s. 1003.21(1)(a)2. until the beginning of
  215  the school year in which the sibling is eligible to begin 6th
  216  grade, provided that the first priority for funding an eligible
  217  sibling is local revenues available to the coalition for funding
  218  direct services.
  219         2.(d)Priority shall be given next to A child of a parent
  220  who transitions from the work program into employment as
  221  described in s. 445.032 from birth to the beginning of the
  222  school year for which the child is eligible for admission to
  223  kindergarten in a public school under s. 1003.21(1)(a)2.
  224         3.(e)Priority shall be given next to An at-risk child who
  225  is at least 9 years of age but younger than 13 years of age. An
  226  at-risk child whose sibling is enrolled in the school readiness
  227  program within an eligibility priority category listed in
  228  paragraphs (a) and (b) and subparagraph (c)1.-(c) shall be given
  229  priority over other children who are eligible under this
  230  paragraph.
  231         4.(f)Priority shall be given next to A child who is
  232  younger than 13 years of age from a working family that is
  233  economically disadvantaged. A child who is eligible under this
  234  paragraph whose sibling is enrolled in the school readiness
  235  program under paragraph (c) shall be given priority over other
  236  children who are eligible under this paragraph.
  237         5.(g)Priority shall be given next to A child of a parent
  238  who transitions from the work program into employment as
  239  described in s. 445.032 who is younger than 13 years of age.
  240         6.(h)Priority shall be given next to A child who has
  241  special needs, has been determined eligible as a student with a
  242  disability, has a current individual education plan with a
  243  Florida school district, and is not younger than 3 years of age.
  244  A special needs child eligible under this paragraph remains
  245  eligible until the child is eligible for admission to
  246  kindergarten in a public school under s. 1003.21(1)(a)2.
  247         7.(i)Notwithstanding paragraphs (a)-(d), priority shall be
  248  given last to A child who otherwise meets one of the eligibility
  249  criteria in paragraphs (a) and (b) and subparagraphs (c)1. and
  250  2.,-(d) but who is also enrolled concurrently in the federal
  251  Head Start Program and the Voluntary Prekindergarten Education
  252  Program.
  253         (2) A school readiness program provider may be paid only
  254  for authorized hours of care provided for a child in the school
  255  readiness program. A child enrolled in the Voluntary
  256  Prekindergarten Education Program may receive care from the
  257  school readiness program if the child is eligible according to
  258  the eligibility priorities and criteria established in
  259  subsection (1) this section.
  260         (3) Contingent upon the availability of funds, a coalition
  261  shall enroll eligible children, including those from its waiting
  262  list, according to the eligibility priorities and criteria
  263  established in subsection (1) this section.
  264         (7) If a coalition disenrolls children from the school
  265  readiness program, the coalition must disenroll the children in
  266  reverse order of the eligibility priorities and criteria listed
  267  in subsection (1) beginning with children from families with the
  268  highest family incomes. A notice of disenrollment must be sent
  269  to the parent and school readiness program provider at least 2
  270  weeks before disenrollment to provide adequate time for the
  271  parent to arrange alternative care for the child. However, an
  272  at-risk child may not be disenrolled from the program without
  273  the written approval of the Child Welfare Program Office of the
  274  Department of Children and Families or the community-based lead
  275  agency.
  276         Section 6. Paragraphs (h) through (q) of subsection (1) of
  277  section 1002.88, Florida Statutes, are redesignated as
  278  paragraphs (i) through (r), respectively, present paragraphs (m)
  279  and (o) of that subsection are amended, and a new paragraph (h)
  280  is added to that subsection, to read:
  281         1002.88 School readiness program provider standards;
  282  eligibility to deliver the school readiness program.—
  283         (1) To be eligible to deliver the school readiness program,
  284  a school readiness program provider must:
  285         (h)Participate in the program assessment under s.
  286  1002.82(2)(n).
  287         (n)(m) For a provider that is an informal provider, comply
  288  with the provisions of paragraph (m) paragraph (l) or maintain
  289  homeowner’s liability insurance and, if applicable, a business
  290  rider. If an informal provider chooses to maintain a homeowner’s
  291  policy, the provider must obtain and retain a homeowner’s
  292  insurance policy that provides a minimum of $100,000 of coverage
  293  per occurrence and a minimum of $300,000 general aggregate
  294  coverage. The office may authorize lower limits upon request, as
  295  appropriate. An informal provider must add the coalition as a
  296  named certificateholder and as an additional insured. An
  297  informal provider must provide the coalition with a minimum of
  298  10 calendar days’ advance written notice of cancellation of or
  299  changes to coverage. The general liability insurance required by
  300  this paragraph must remain in full force and effect for the
  301  entire period of the provider’s contract with the coalition.
  302         (p)(o) Notwithstanding paragraph (m) paragraph (l), for a
  303  provider that is a state agency or a subdivision thereof, as
  304  defined in s. 768.28(2), agree to notify the coalition of any
  305  additional liability coverage maintained by the provider in
  306  addition to that otherwise established under s. 768.28. The
  307  provider shall indemnify the coalition to the extent permitted
  308  by s. 768.28.
  309         Section 7. Paragraph (b) of subsection (6) of section
  310  1002.89, Florida Statutes, is amended to read:
  311         1002.89 School readiness program; funding.—
  312         (6) Costs shall be kept to the minimum necessary for the
  313  efficient and effective administration of the school readiness
  314  program with the highest priority of expenditure being direct
  315  services for eligible children. However, no more than 5 percent
  316  of the funds described in subsection (5) may be used for
  317  administrative costs and no more than 22 percent of the funds
  318  described in subsection (5) may be used in any fiscal year for
  319  any combination of administrative costs, quality activities, and
  320  nondirect services as follows:
  321         (b) Activities to improve the quality of child care as
  322  described in 45 C.F.R. s. 98.51, which shall be limited to the
  323  following:
  324         1. Developing, establishing, expanding, operating, and
  325  coordinating resource and referral programs specifically related
  326  to the provision of comprehensive consumer education to parents
  327  and the public to promote informed child care choices specified
  328  in 45 C.F.R. s. 98.33.
  329         2. Awarding grants and providing financial support to
  330  school readiness program providers and their staff to assist
  331  them in meeting applicable state requirements for the program
  332  assessment required under s. 1002.82(2)(n), child care
  333  performance standards, implementing developmentally appropriate
  334  curricula and related classroom resources that support
  335  curricula, providing literacy supports, and providing continued
  336  professional development and training. Any grants awarded
  337  pursuant to this subparagraph shall comply with ss. 215.971 and
  338  287.058.
  339         3. Providing training, technical assistance, and financial
  340  support to school readiness program providers, staff, and
  341  parents on standards, child screenings, child assessments, child
  342  development research and best practices, developmentally
  343  appropriate curricula, character development, teacher-child
  344  interactions, age-appropriate discipline practices, health and
  345  safety, nutrition, first aid, cardiopulmonary resuscitation, the
  346  recognition of communicable diseases, and child abuse detection,
  347  prevention, and reporting.
  348         4. Providing, from among the funds provided for the
  349  activities described in subparagraphs 1.-3., adequate funding
  350  for infants and toddlers as necessary to meet federal
  351  requirements related to expenditures for quality activities for
  352  infant and toddler care.
  353         5. Improving the monitoring of compliance with, and
  354  enforcement of, applicable state and local requirements as
  355  described in and limited by 45 C.F.R. s. 98.40.
  356         6. Responding to Warm-Line requests by providers and
  357  parents, including providing developmental and health screenings
  358  to school readiness program children.
  359         Section 8. Paragraph (a) of subsection (3) of section
  360  1002.92, Florida Statutes, is amended to read:
  361         1002.92 Child care and early childhood resource and
  362  referral.—
  363         (3) Child care resource and referral agencies shall provide
  364  the following services:
  365         (a) Identification of existing public and private child
  366  care and early childhood education services, including child
  367  care services by public and private employers, and the
  368  development of a resource file of those services through the
  369  single statewide information system developed by the office
  370  under s. 1002.82(2)(p) s. 1002.82(2)(n). These services may
  371  include family day care, public and private child care programs,
  372  the Voluntary Prekindergarten Education Program, Head Start, the
  373  school readiness program, special education programs for
  374  prekindergarten children with disabilities, services for
  375  children with developmental disabilities, full-time and part
  376  time programs, before-school and after-school programs, vacation
  377  care programs, parent education, the temporary cash assistance
  378  program, and related family support services. The resource file
  379  shall include, but not be limited to:
  380         1. Type of program.
  381         2. Hours of service.
  382         3. Ages of children served.
  383         4. Number of children served.
  384         5. Program information.
  385         6. Fees and eligibility for services.
  386         7. Availability of transportation.
  387         Section 9. For the 2018-2019 fiscal year, the sum of $6
  388  million in nonrecurring funds from the Child Care and
  389  Development Block Grant Trust Fund is appropriated to the Office
  390  of Early Learning to implement the program assessment required
  391  by s. 1002.82(2)(n), Florida Statutes.
  392         Section 10. This act shall take effect July 1, 2018.
  394  ================= T I T L E  A M E N D M E N T ================
  395  And the title is amended as follows:
  396         Delete everything before the enacting clause
  397  and insert:
  398                        A bill to be entitled                      
  399         An act relating to early learning; amending s.
  400         1002.81, F.S.; revising the definition of “at-risk
  401         child”; amending s. 1002.82, F.S.; revising the duties
  402         of the Office of Early Learning; revising the
  403         requirements for certain assessments; revising the
  404         standard statewide contract for providers; providing
  405         that failing to meet certain measures for a specified
  406         period is cause for termination of a provider;
  407         providing for the development of a program assessment
  408         for school readiness providers; providing program
  409         assessment requirements; requiring the office to set a
  410         payment differential for certain providers; providing
  411         requirements for such payment differential; revising
  412         requirements for a certain single statewide
  413         information system; revising the requirement for an
  414         analysis of early learning activities throughout the
  415         state; amending s. 1002.84, F.S.; conforming a cross
  416         reference; amending s. 1002.85, F.S.; revising the
  417         required contents of the school readiness program plan
  418         each early learning coalition must submit; amending s.
  419         1002.87, F.S.; revising the priority criteria for
  420         participation in the school readiness program;
  421         amending s. 1002.88, F.S.; revising school readiness
  422         provider requirements for program participation;
  423         conforming cross-references; amending s. 1002.89,
  424         F.S.; providing for the use of specified funds for a
  425         required assessment; amending s. 1002.92, F.S.;
  426         conforming a cross-reference; providing an
  427         appropriation; providing an effective date.