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House Bill 2131

Florida House of Representatives - 1997 HB 2131 By Representative Warner 1 A bill to be entitled 2 An act relating to early education and child 3 care; creating s. 402.265, F.S.; providing 4 legislative intent; establishing the early 5 education and child care program and providing 6 for optional participation; providing for 7 oversight; establishing a State Board of 8 Governance; providing eligibility for 9 participation in the program; providing 10 performance standards and outcome measures; 11 providing for district interagency coordinating 12 councils; providing for implementation of 13 programs; requiring development of a plan and 14 providing program requirements; requiring a 15 sliding fee scale; providing for funding; 16 providing for transfer of funds to the Early 17 Education and Child Care Trust Fund; providing 18 for distribution of funds; requiring a 19 reimbursement rate schedule; providing 20 requirements relating to fiscal agents; 21 providing for vouchers or contracts and an 22 electronic funds transfer system; providing for 23 evaluation and reporting; providing that 24 federal requirements control in the case of 25 conflict; providing an effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Section 402.265, Florida Statutes, is 30 created to read: 31 402.265 Early education and child care program.-- 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2131 514-156-97 1 (1) LEGISLATIVE INTENT.-- 2 (a) The Legislature recognizes that high quality early 3 education and child care programs increase children's chances 4 of achieving future educational success and becoming 5 productive members of society. It is the intent of the 6 Legislature that such programs be developmental, serve as 7 preventive measures for children at risk of future school 8 failure, enhance the educational readiness of all children, 9 and support family education and the involvement of parents in 10 their child's educational progress. Each early education and 11 child care program shall provide the elements necessary to 12 help prepare preschool children for school, including health 13 screening and referral, a developmentally appropriate 14 educational program, and opportunities for parental 15 involvement in the program. 16 (b) It is legislative intent that early education and 17 child care programs be operated within funding limits on a 18 full-day, year-round basis to enable parents to work and 19 become financially self-sufficient. 20 (c) It is legislative intent that early education and 21 child care programs not exist as isolated programs, but build 22 upon existing services and work in cooperation with other 23 programs for young children, and that these programs be 24 coordinated and funding integrated to achieve full 25 effectiveness. 26 (d) It is legislative intent that the implementation 27 of an early education and child care program be optional on a 28 county-by-county basis. It is further intended that if a 29 county or counties decide to implement a program, procedures 30 such as, but not limited to, contracting, collocation, 31 mainstreaming, and cooperative and integrated funding be used 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2131 514-156-97 1 to coordinate all publicly funded early education and child 2 care programs, including prekindergarten early intervention 3 programs, Head Start programs, programs offered by public or 4 private providers of child care, preschool programs for 5 children with disabilities, programs for migrant children, 6 Title I programs, subsidized child care programs, teen parent 7 programs, and other services. 8 (2) OPTIONAL PROGRAM; EXEMPTIONS.--The early education 9 and child care program is an optional program. A county or 10 counties may elect to participate in this program by following 11 the requirements of this section. The provisions of this 12 section shall supersede and prevail over any provisions of ss. 13 230.2305 and 402.3015 as to any county that chooses to 14 participate in the early education and child care program and 15 obtains plan approval from the State Board of Governance. 16 (3) CREATION; OVERSIGHT; STATE BOARD OF GOVERNANCE.-- 17 (a) The early education and child care program, 18 consisting of publicly funded programs listed in paragraph 19 (1)(d), is hereby established. The program shall be the joint 20 responsibility of the Department of Education and the 21 Department of Children and Family Services. The Department of 22 Education shall be the state oversight agency for the 23 education component of the programs listed in paragraph (1)(d) 24 and the Department of Children and Family Services shall be 25 the state oversight agency for the implementation and 26 administration of these programs. 27 (b) There is established a State Board of Governance 28 with oversight of the entire early education and child care 29 program. The State Board of Governance shall consist of: 30 1. The Secretary of Children and Family Services or a 31 designee. 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2131 514-156-97 1 2. The Commissioner of Education or a designee. 2 3. The chair of the State Workforce Development Board. 3 4. The chair of the State WAGES Board. 4 5. The Comptroller or a designee. 5 6. The chair of the Child Care Executive Partnership 6 Committee. 7 8 The State Board of Governance shall select a chair and vice 9 chair. 10 (4) PROGRAM ELIGIBILITY.--The early education and 11 child care program shall be established for children from 12 birth to 13 years of age. The program shall be coordinated and 13 funding integrated with the programs listed in paragraph 14 (1)(d), be administered by a fiscal agent selected by the 15 district interagency coordinating council, and receive funds 16 pursuant to subsection (8). Within funding limitations, the 17 fiscal agent along with all providers shall make reasonable 18 efforts to accommodate the needs of children for extended-day 19 and extended-year services without compromising the quality of 20 the program. Priority for participation in the early 21 education and child care program is as follows: 22 (a) Children under 13 years of age who are: 23 1. Children determined to be at risk of abuse, 24 neglect, or exploitation and who are currently clients of the 25 Children and Families Program Office of the Department of 26 Children and Family Services. 27 2. Children at risk of welfare dependency, including 28 children of participants in the WAGES Program, children of 29 migrant farmworkers, children of teen parents, and children 30 from other families at risk of welfare dependency due to a 31 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2131 514-156-97 1 family income of less than 100 percent of the federal poverty 2 level. 3 3. Children of working families whose family income is 4 equal to or greater than 100 percent, but does not exceed 150 5 percent, of the federal poverty level. 6 (b) Three-year-old children and 4-year-old children 7 who may not be economically disadvantaged but who are students 8 with disabilities and served in a specific part-time or 9 combination of part-time exceptional student education 10 programs with required special services, aids, or equipment 11 and who are reported for funding part-time in the Florida 12 Education Finance Program as exceptional students. 13 (c) Economically disadvantaged children, children with 14 disabilities, and children at risk of future school failure, 15 from birth to 4 years of age, who are served at home through 16 home visitor programs and intensive parent education programs 17 such as the Florida First Start Program. 18 (d) Children who meet federal and state requirements 19 for eligibility for the migrant preschool program but who do 20 not meet the criteria of economically disadvantaged. 21 22 An "economically disadvantaged" child means a child whose 23 family income is below 150 percent of the federal poverty 24 level or who is eligible to participate in the free lunch 25 program. Notwithstanding any change in a family's economic 26 status or in the federal eligibility requirements for free 27 lunch, but subject to additional family contributions in 28 accordance with the sliding fee scale, a child who meets the 29 eligibility requirements upon initial registration for the 30 program shall be considered eligible until the child reaches 31 kindergarten age. 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2131 514-156-97 1 (5) STANDARDS; OUTCOME MEASURES.-- 2 (a) All publicly funded early education and child care 3 programs shall be required to meet the following performance 4 standards and outcome measures developed by the Department of 5 Education and the Department of Children and Family Services: 6 1. They must help prepare preschool children to enter 7 kindergarten ready to learn, as measured by the School 8 Readiness Checklist of the Department of Education. 9 2. They must provide extended-day and extended-year 10 services when needed. 11 3. There must be coordinated staff development and 12 teaching opportunities. 13 4. There must be expanded access to community services 14 and resources for families to help achieve economic 15 self-sufficiency. 16 5. There must be a simplified point of entry and 17 unified waiting list. 18 6. They must serve at least as many children as were 19 served prior to implementation of the program. 20 21 The fiscal agent shall be responsible for monitoring and 22 providing assistance to these programs to achieve the expected 23 performance standards and outcome measures. The State Board of 24 Governance shall develop a phase-in schedule through which all 25 publicly funded early education and child care programs shall 26 be measured by these performance standards. The fiscal agent 27 shall report to the district interagency coordinating council 28 on the achievement of performance standards with 29 recommendations for future funding. 30 (b) All publicly funded early education and child care 31 programs shall be required to implement a comprehensive 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2131 514-156-97 1 program of children and family services that enhance the 2 cognitive and physical development of children to achieve the 3 performance standards and outcome measures specified in 4 paragraph (a). At a minimum, these programs must contain the 5 following elements: 6 1. Staff-child interaction. 7 2. Developmentally appropriate curriculum. 8 3. An appropriate staff-to-child ratio. 9 4. Continuity of care. 10 5. Group size. 11 6. A healthy and safe environment. 12 7. Varied family components. 13 8. Quality services at an identified cost. 14 9. A resource and referral network to assist parents 15 in making informed choice pursuant to s. 402.27. 16 (6) DISTRICT INTERAGENCY COORDINATING COUNCILS.-- 17 (a) The Department of Children and Family Services and 18 the Department of Education must develop, implement, and 19 evaluate the early education and child care program in 20 cooperation with a district interagency coordinating council 21 on early childhood services. 22 (b) Each district interagency coordinating council 23 must consist of at least 12 members to be appointed by the 24 district school board, the county commission for the county in 25 which participating schools are located, and the Department of 26 Children and Family Services' district administrator and must 27 include at least the following: 28 1. One member who is a parent of a child enrolled in, 29 or intending to enroll in, the early education and child care 30 program, appointed by the school board. 31 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2131 514-156-97 1 2. One member who is a director or designated director 2 of the early education and child care program in the school 3 district, appointed by the school board. 4 3. One member who is a member of a district school 5 board, appointed by the school board. 6 4. One member who is a representative of an agency 7 serving children with disabilities, appointed by the 8 Department of Children and Family Services' district 9 administrator. 10 5. Four members who are representatives of 11 organizations providing early education and child care 12 services, one of whom is a representative of a Head Start 13 program, appointed by the Department of Children and Family 14 Services' district administrator; one of whom is a 15 representative of a Title XX subsidized child day care 16 program, if such programs exist within the county, appointed 17 by the Department of Children and Family Services' district 18 administrator; and two of whom are private providers of early 19 education and child care to 3-year-old and 4-year-old 20 children, one appointed by the county commission and one 21 appointed by the Department of Children and Family Services' 22 district administrator. If there is no Head Start program or 23 Title XX program operating within the county, these two 24 members must represent community interests in early education 25 and child care. 26 6. Two members who are representatives of agencies 27 responsible for providing social, medical, dental, adult 28 literacy, or transportation services, one of whom represents 29 the county health department, both appointed by the county 30 commission. 31 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2131 514-156-97 1 7. One member to represent a local child advocacy 2 organization, appointed by the Department of Children and 3 Family Services' district administrator. 4 8. One member to represent the school district K-3 5 program, appointed by the school board. 6 (7) IMPLEMENTATION.-- 7 (a) The early education and child care program may be 8 implemented in any county by agreement of the district school 9 system and the Department of Children and Family Services 10 district, with approval of the State Board of Governance. 11 Approval by the State Board of Governance must be predicated 12 on the submission of a plan of implementation prepared and 13 submitted by the district interagency coordinating council. 14 (b) The district interagency coordinating council in 15 each county that chooses to participate in the early education 16 and child care program shall develop a plan for implementation 17 to meet the requirements of this section. The plan shall 18 include a written description of the role of the program in 19 the district's effort to meet the first state education goal, 20 readiness to start school, including a description of the plan 21 to involve prekindergarten early intervention programs, Head 22 Start programs, programs offered by public or private 23 providers of child care, preschool programs for children with 24 disabilities, programs for migrant children, Title I programs, 25 subsidized child care programs, and teen parent programs. The 26 plan shall also demonstrate how the program will ensure that 27 each 3-year-old and 4-year-old child in a publicly funded 28 early education and child care program will receive at least 3 29 hours per day of scheduled activities and instruction designed 30 to prepare children to enter kindergarten ready to learn. As a 31 part of the plan, the district interagency coordinating 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2131 514-156-97 1 council may request the Governor to apply for a waiver to 2 allow the county to administer the Head Start program to 3 accomplish the purposes of the early education and child care 4 program. Prior to implementation of the program, the district 5 interagency coordinating council must submit the plan to the 6 State Board of Governance for approval. The plan shall be 7 reviewed and revised as necessary, but not less than every 3 8 years. 9 (c) The early education and child care program shall 10 include the following minimum standards and provisions: 11 1.a. A ratio of one child care personnel for every 12 four children who are under 1 year of age. 13 b. A ratio of one child care personnel for every six 14 children who are 1 year of age or older but under 2 years of 15 age. 16 c. A ratio of one child care personnel for every 11 17 children who are 2 years of age or older but under 3 years of 18 age. 19 d. A ratio of one adult with a child development 20 associate credential or its equivalent for every 15 children 21 who are 3 or 4 years of age, except that the ratio shall be 22 one adult for every 10 children during 3 hours of educational 23 instruction each day. 24 e. A ratio of one child care personnel for every 25 25 children who are 5 years of age or older. 26 2. A sliding fee scale, which is the same for all 27 programs, to be implemented and reflected in each program's 28 budget. 29 3. A choice of settings and locations in licensed, 30 registered, religious exempt, or school-based programs to be 31 provided to parents. 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2131 514-156-97 1 4. Instructional staff who have completed the training 2 course as required in s. 402.305(2)(d)1. 3 4 All cost savings resulting from a change in the staff-to-child 5 ratio from the staff-to-child ratios in previously existing 6 programs and all revenues received through the sliding fee 7 scale shall be used to help fund extended-day and 8 extended-year services. 9 (d) If an early education and child care plan can 10 demonstrate that specific statutory goals can be achieved more 11 effectively by using procedures that require modification of 12 existing rules, policies, or procedures, a request for a 13 waiver to the State Board of Governance may be made as part of 14 the district interagency coordinating council's plan. Upon 15 review, the State Board of Governance may grant the proposed 16 modification. 17 (e) Persons with an early childhood teaching 18 certificate may provide support and supervision to other staff 19 in the early education and child care program. 20 (f) Two or more counties may join for the purpose of 21 planning and implementing an early education and child care 22 program. 23 (8) FUNDING; EARLY EDUCATION AND CHILD CARE TRUST 24 FUND.-- 25 (a) The intent of the Early Education and Child Care 26 Trust Fund is to ensure a seamless service delivery system for 27 all publicly funded early education and child care programs 28 operating in this state. 29 (b) All state funds budgeted for a county for the 30 programs specified in paragraph (1)(d) and all federal funds 31 and required local matching funds for a county for programs 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2131 514-156-97 1 specified in paragraph (1)(d) shall be transferred to the 2 Early Education and Child Care Trust Fund for the benefit of 3 the county for implementation of the early education and child 4 care program. Additional funds may be placed in the trust fund 5 for purposes of this section. 6 (c) All funds transferred to and retained in the trust 7 fund shall be invested pursuant to s. 18.125. Any interest 8 accruing to the trust fund shall be for the benefit of 9 counties providing an early education and child care program. 10 Notwithstanding the provisions of s. 216.301, and pursuant to 11 s. 216.351, any undisbursed balance remaining in the trust 12 fund and interest accruing to the trust fund not distributed 13 at the end of the fiscal year shall remain in the trust fund 14 and shall increase the total funds available for the counties 15 implementing an early education and child care program. 16 (d) The State Board of Governance shall annually 17 distribute to the fiscal agent in each county the funds that 18 were transferred into the Early Education and Child Care Trust 19 Fund for the benefit of that county. Additional funds and 20 investment income from the trust fund shall be distributed to 21 the counties implementing an early education and child care 22 program based on outcome performance measures or need, or 23 combination thereof. Counties may be required to provide 24 matching funds. The State Board of Governance shall provide 25 rewards to counties that serve more children in the early 26 education and child care program than were served through 27 previously existing programs. 28 (e) State funds appropriated for the early education 29 and child care program may not be used for the construction of 30 new facilities, the transportation of students, or the 31 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2131 514-156-97 1 purchase of buses, but may be used for educational field trips 2 which enhance the curriculum. 3 (9) REIMBURSEMENT RATE.--The district interagency 4 coordinating council shall develop a reimbursement rate 5 schedule that encompasses all publicly funded early education 6 and child care programs. The reimbursement rate schedule must 7 include the projected number of children to be served and must 8 be submitted to the State Board of Governance for approval. 9 Informal child care arrangements shall be reimbursed at 50 10 percent of the rate developed for family child care. 11 (10) REQUIREMENTS RELATING TO FISCAL AGENTS.--The 12 fiscal agent must be a public entity, a private nonprofit 13 organization, or a partnership of public entities and private 14 nonprofit organizations. The fiscal agent shall be required to 15 provide all administrative and direct funding services as 16 determined by the district interagency coordinating council. 17 The cost of these services shall be negotiated between the 18 fiscal agent and the Department of Children and Family 19 Services. The fiscal agent shall be responsible for monitoring 20 all providers to ensure that the legislatively mandated 21 performance standards and outcome measures are carried out. No 22 public funds shall be paid to a provider unless the provider 23 agrees to allow the fiscal agent access to fulfill its 24 monitoring responsibilities. 25 (11) PARENTAL CHOICE; VOUCHER OR CONTRACT.--The early 26 education and child care program shall be provided by voucher 27 or contract issued pursuant to a purchase service order that 28 ensures, to the maximum extent possible, parental choice 29 through flexibility in early education and child care 30 arrangements and payment arrangements. According to federal 31 regulations requiring parental choice, a parent may choose an 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2131 514-156-97 1 informal child care arrangement. The voucher must bear the 2 name of the beneficiary and the program provider and, when 3 redeemed, must bear the signature of both the beneficiary and 4 an authorized representative of the provider. If it is 5 determined that a provider has provided any cash to the 6 beneficiary in return for receiving the voucher, the 7 Department of Children and Family Services shall refer the 8 matter to the Division of Public Assistance Fraud of the 9 office of the Auditor General for investigation. The 10 Department of Children and Family Services and the office of 11 the Comptroller shall establish an electronic funds transfer 12 system for the dissemination of funds and vouchers in 13 accordance with this subsection. Fiscal agents shall fully 14 implement the electronic funds transfer system within 3 years 15 of plan approval unless a waiver is obtained from the State 16 Board of Governance. The fiscal agent may charge an 17 administrative fee not to exceed 1 1/2 percent of each voucher 18 to offset administrative costs of the early education and 19 child care program. 20 (12) EVALUATION AND ANNUAL REPORT.--Each district 21 interagency coordinating council shall conduct an evaluation 22 of the effectiveness of the early education and child care 23 program, including performance standards and outcome measures, 24 and shall provide an annual report to the State Board of 25 Governance. Additionally, the State Coordinating Council for 26 Early Childhood Services shall monitor the early education and 27 child care program on a statewide basis and shall annually 28 report to the State Board of Governance, by November 1, on 29 implementation and compliance. 30 31 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2131 514-156-97 1 (13) CONFLICTING PROVISIONS.--In the event of a 2 conflict between the provisions of this section and federal 3 requirements, the federal requirements shall control. 4 Section 2. This act shall take effect July 1, 1997. 5 6 ***************************************** 7 HOUSE SUMMARY 8 Establishes the early education and child care program 9 consisting of all publicly funded early education and child care programs, with oversight by the Department of 10 Education and the Department of Children and Family Services. Provides for optional participation in the 11 program by a county or counties. Establishes a State Board of Governance with responsibility for plan and 12 program approval. Provides eligibility and priority for participation in the program. Provides performance 13 standards and outcome measures. Provides for district interagency coordinating councils to assist in the 14 development, implementation, and evaluation of a county program. Provides program requirements including a 15 sliding fee scale. Provides for funding through the transfer of funds to the Early Education and Child Care 16 Trust Fund and distribution to counties. Requires a reimbursement rate schedule and provides requirements 17 relating to fiscal agents. Provides for vouchers or contracts and an electronic funds transfer system. 18 Provides for evaluation and reporting. Provides that federal requirements control in the case of conflict. 19 20 21 22 23 24 25 26 27 28 29 30 31 15