Senate Bill sb3036
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
By Senator Carlton
23-1494-04
1 A bill to be entitled
2 An act relating to early learning; creating ch.
3 1014, F.S., relating to early learning and
4 entitled Early Learning; consisting of part I
5 relating to general provisions, part II
6 relating to voluntary universal
7 prekindergarten, and part III relating to early
8 childhood education programs; creating a short
9 title; creating s. 1014.02, F.S.; defining
10 terms related to early learning; creating s.
11 1014.03, F.S.; providing governance for early
12 learning; creating s. 1014.04, F.S.; creating
13 the Early Learning Advisory Council; providing
14 for membership; providing for selection
15 criteria; providing for conditions of
16 membership; creating s. 1014.05, F.S.;
17 providing for parental involvement; creating s.
18 1014.06, F.S.; directing the State Board of
19 Education to adopt rules prescribing the
20 minimum standards for early learning personnel;
21 requiring a competency examination; providing
22 exemptions from training for certain personnel
23 under specified conditions; providing criteria
24 for the training courses; providing for
25 continuing education; creating s. 1014.061,
26 F.S.; directing the Department of Education to
27 review all currently approved child development
28 associate and child development associate
29 equivalent educational programs; requiring the
30 state board to adopt rules to establish
31 curriculum standards for the approval and
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 renewal of child development associate and
2 child development associate equivalent
3 credential programs; creating s. 1014.062,
4 F.S.; providing for early learning trainer
5 qualifications; creating s. 1014.063, F.S.;
6 directing the department to evaluate training
7 requirements for early learning personnel;
8 requiring periodic evaluations of the training
9 requirements; creating s. 1014.064, F.S.;
10 requiring the State Board of Education to
11 develop guidelines for inter-institutional
12 articulation; specifying transferability to
13 educational institutions; creating s. 1014.065,
14 F.S.; directing the State Board of Education to
15 adopt rules for early learning personnel to
16 earn a state-approved child development
17 associate credit; transferring, renumbering,
18 and amending s. 402.3017, F.S.; providing for
19 early learning quality initiatives; providing
20 for scholarship programs for early childhood
21 education personnel; permitting the department
22 to adopt rules; creating s. 1014.08, F.S.;
23 providing legislative intent; providing a
24 mission and goals for early learning programs;
25 requiring certain organizations to provide
26 informational data to the State Board of
27 Education; directing the state board to adopt
28 rules; transferring, renumbering, and amending
29 s. 411.0105, F.S.; authorizing the Governor to
30 appoint the Department of Education as the lead
31 agency for federal child care and development
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 purposes; creating s. 1014.10, F.S.; directing
2 that federal laws or regulations will take
3 precedence to the extent of any conflict with
4 state child development laws or rules until the
5 conflict is resolved; creating s. 1014.21,
6 F.S.; providing for legislative intent relating
7 to the voluntary universal prekindergarten
8 program; creating s. 1014.215, F.S.; providing
9 for parental rights, choices, and
10 responsibilities in the prekindergarten
11 program; suggesting factors for parents to
12 review before selecting a prekindergarten
13 provider; creating s. 1014.22, F.S.; directing
14 the department to create and operate a consumer
15 education and protection program to assist
16 parents selecting a prekindergarten for their
17 child; requiring the department to establish a
18 toll-free hotline and Internet website to
19 provide information to parents; requiring each
20 early childhood education provider to give
21 parents certain specified information; creating
22 s. 1014.23, F.S.; providing that voluntary
23 universal prekindergarten be delivered by a
24 diverse network of private, public, and
25 faith-based providers; creating s. 1014.24,
26 F.S.; requiring voluntary universal
27 prekindergarten providers to form community
28 partnerships and directing the providers to
29 refer children to others for additional support
30 services; requiring that each prekindergarten
31 application form include a place for parents to
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 list the needs and service history of their
2 child; creating s. 1014.25, F.S.; providing
3 eligibility criteria for children planning to
4 enter prekindergarten; requiring the State
5 Board of Education to adopt rules establishing
6 application procedures for children entering
7 prekindergarten; creating s. 1014.26, F.S.;
8 providing that voluntary universal
9 prekindergarten programs must address and
10 enhance each child's ability to make
11 age-appropriate progress; requiring the State
12 Board of Education to identify curricula that
13 meet specified standards; creating s. 1014.27,
14 F.S.; establishing criteria for providers
15 wishing to participate as voluntary universal
16 prekindergarten providers; requiring voluntary
17 universal prekindergarten providers to have
18 certain staff with certain early childhood
19 education credentials; requiring the providers
20 to register with an early learning council;
21 creating s. 1014.28, F.S.; prohibiting
22 voluntary universal prekindergarten providers
23 from using program funds to pay for
24 transportation services; authorizing the
25 providers to use other funds for transportation
26 services; creating s. 1014.29, F.S.; providing
27 for eligible children to receive a voucher to
28 use to participate in the voluntary universal
29 prekindergarten program; requiring each
30 voluntary universal prekindergarten provider to
31 sign a funding agreement each year; creating s.
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 1014.30, F.S.; requiring that all funds
2 associated with the voluntary universal
3 prekindergarten program be appropriated in a
4 single and separate budget entity; creating s.
5 1014.31, F.S.; requiring the State Board of
6 Education to annually assess the state's
7 capacity to provide universal prekindergarten
8 programs; requiring the board to prepare the
9 assessment in partnership with specified
10 organizations; requiring the State Board of
11 Education to prepare an annual report detailing
12 the findings of the annual assessments;
13 creating s. 1014.32, F.S.; requiring Workforce
14 Florida to recognize credentialed early
15 learning placement as a high skill placement;
16 creating s. 1014.40, F.S.; defining "central
17 agency" and "economically disadvantaged";
18 creating s. 1014.41, F.S.; creating the early
19 learning councils; providing duties of the
20 councils; providing for membership on each
21 council; requiring that a majority of council
22 members not have a financial interest in the
23 design or delivery of early learning services;
24 creating s. 1014.42, F.S.; requiring each local
25 school readiness coalition to transition into
26 an early learning council by a specified date;
27 providing for the transfer of equipment,
28 facilities, and other resources to the early
29 learning council; providing that no right of
30 action is created by the transition; creating
31 s. 1014.43, F.S.; requiring an early learning
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 council to supply funds to programs that meet
2 certain specified expectations; creating s.
3 1014.44, F.S.; requiring each early learning
4 council to provide a publicly funded early
5 childhood education program to children in
6 specific priority categories; creating s.
7 1014.45, F.S.; requiring each early learning
8 council to provide a comprehensive education
9 experience by meeting the needs of children in
10 certain categories; creating s. 1014.46, F.S.;
11 requiring each early learning council to
12 implement an early learning education plan;
13 requiring the council to receive approval of
14 its plan from the department; detailing the
15 content of the early learning plan; creating s.
16 1014.47, F.S.; directing the early learning
17 council to provide parental choice in the
18 method of receiving early childhood education;
19 providing that if an early learning provider
20 gives any cash to a beneficiary in return for
21 receiving a payment certificate, the early
22 learning council or its fiscal agent shall
23 refer the matter to the Division of Public
24 Assistance Fraud or the state attorney for
25 investigation; transferring, renumbering, and
26 amending s. 402.27, F.S.; requiring the
27 Department of Education to ensure that a
28 statewide network for resource and referral is
29 established; directing the department to select
30 the state resource and referral agency;
31 requiring each early learning council to
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 establish a local resource and referral agency
2 in the county served by the early learning
3 council; specifying the services to be provided
4 by the resource and referral agencies;
5 requiring certain documentation to be
6 maintained by the agencies; requiring the
7 agencies to provide technical assistance to
8 early childhood education providers;
9 transferring, renumbering, and amending s.
10 402.3018, F.S.; requiring the department to
11 contract with the state resource and referral
12 agency to provide a statewide toll-free Warm
13 Line to provide assistance and consultation to
14 early childhood education providers; contingent
15 upon appropriations, the department is to
16 create a Warm Line in each county or region
17 served by an early learning council; specifying
18 duties of the county or regional Warm Line
19 staff; transferring, renumbering, and amending
20 s. 409.178, F.S.; creating the Business
21 Partnership for Early Learning; describing the
22 purposes of the Business Partnership; providing
23 for membership on the partnership board;
24 specifying the power and authority of the
25 Business Partnership board; creating early
26 childhood education purchasing pools; providing
27 criteria for distribution of funds through the
28 purchasing pools; requiring each early learning
29 council to create a community task force for
30 each purchasing pool; directing the department
31 to adopt rules to administer the early
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 childhood education purchasing pools;
2 transferring, renumbering, and amending s.
3 402.25, F.S.; requiring programs serving
4 children from birth to 5 years of age to
5 provide a learning environment containing
6 specified activities to foster brain
7 development; creating s. 1014.52, F.S.;
8 requiring each early learning council not
9 organized as a corporation or other business
10 entity to designate a fiscal agent; providing
11 criteria for selecting a fiscal agent;
12 providing responsibilities for a fiscal agent;
13 transferring, renumbering, and amending s.
14 402.3051, F.S.; defining terms related to
15 market rate reimbursements to an early
16 childhood education provider; directing the
17 department to establish procedures to reimburse
18 specified categories of providers; creating s.
19 1014.54, F.S.; directing that all funds
20 associated with early childhood education
21 programs, other than the funds associated with
22 the voluntary universal prekindergarten
23 program, be appropriated in a single and
24 separate budget entity; directing how early
25 learning councils may be used to carry out the
26 department's early childhood education plan;
27 requiring early childhood councils to use
28 competitive procurement procedures set forth in
29 ch. 287 when purchasing goods and services;
30 authorizing each early learning council to
31 contract with a central agency or other
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 qualified entity to perform duties assigned to
2 the council; requiring the department to
3 investigate violations of spending practices;
4 requiring the Auditor General to audit each
5 early learning council each year; amending s.
6 20.15, F.S.; adding the Division of Early
7 Learning to the organizational divisions of the
8 Department of Education; amending s. 20.50,
9 F.S.; removing the school readiness service
10 system from the Agency for Workforce
11 Innovation; amending s. 402.281, F.S.; revising
12 criteria for certain programs to be designated
13 "Gold Seal Quality" programs; adding a
14 credentialing agency to the list of national
15 associations setting standards for quality
16 child care; requiring the Department of
17 Children and Family Services to consult with
18 certain organizations when developing the "Gold
19 Seal Quality" program standards; reenacting s.
20 212.08(5)(m), F.S., relating to sales tax
21 exemptions, and s. 402.315(5), F.S., relating
22 to the use of child care licensing funds, to
23 incorporate the amendment to s. 402.281, F.S.,
24 in references thereto; amending s. 445.023,
25 F.S.; providing that a family may be eligible
26 for services to a child with special needs if
27 the family is economically disadvantaged;
28 amending s. 1008.21, F.S.; requiring the
29 department to develop a school readiness
30 uniform screening; revising the data to be
31 collected for the screening; requiring each
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 school district to collect certain health
2 related information; requiring each school
3 district to conduct assessments of each child's
4 emotional and social development; repealing s.
5 411.01, F.S., relating to the Florida
6 Partnership for School Readiness; repealing s.
7 411.012, F.S., relating to the voluntary
8 universal prekindergarten education program;
9 providing for the transfer of the Florida
10 Partnership for School Readiness, school
11 readiness, early childhood resource and
12 referral, and the subsidized child care
13 programs from the Agency for Workforce
14 Innovation to the Department of Education;
15 providing for the transfer of the Child Care
16 Executive Partnership Program from the
17 Department of Children and Family Services to
18 the Department of Education; providing for the
19 transfer of all functions associated with the
20 training of and the issuing of credentials to
21 child care facility personnel from the
22 Department of Children and Family Services to
23 the Department of Education; providing requests
24 to the Division of Statutory Revision;
25 providing for severability; providing an
26 effective date.
27
28 WHEREAS, a child's parent is his or her first, and most
29 important, teacher, and it is imperative that opportunities
30 are provided to parents and guardians to participate in the
31 choice of and preparation for their child's educational
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 opportunities, including early learning programs that are
2 sensitive to cultural diversity, to children whose first
3 language is other than English, and to children with
4 disabilities, and
5 WHEREAS, community partnerships between and among
6 county government, public health departments, children's
7 services councils, libraries, businesses, and early child care
8 and educational resources are integral for the successful
9 preparation of children in their early educational endeavors,
10 and
11 WHEREAS, the public's return on their investment in
12 early learning will be shown as a ratio of the program outcome
13 represented by children who are ready to enter kindergarten
14 divided by the money used to achieve the outcome, NOW,
15 THEREFORE,
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Chapter 1014, Florida Statutes, shall be
20 entitled "Early Learning" and shall consist of sections
21 1014.01-1014.57, Florida Statutes.
22 Section 2. Part I of chapter 1014, Florida Statutes,
23 shall be entitled "General Provisions" and shall consist of
24 sections 1014.01-1014.11, Florida Statutes.
25 Section 3. Section 1014.01, Florida Statutes, is
26 created to read:
27 1014.01 Short title.--Chapter 1014 may be cited as the
28 "Early Learning Act."
29 Section 4. Section 1014.02, Florida Statutes, is
30 created to read:
31
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 1014.02 Definitions.--As used in this chapter, the
2 term:
3 (1) "Child care center" means any child care center or
4 child care arrangement that provides child care for more than
5 five children unrelated to the operator and that receives a
6 payment, fee, or grant for any of the children receiving care,
7 wherever operated, and whether or not operated for profit. The
8 following are not included:
9 (a) Public schools and nonpublic schools and their
10 integral programs, except as provided in s. 402.3025;
11 (b) Summer camps having children in full-time
12 residence;
13 (c) Summer day camps;
14 (d) Bible schools normally conducted during vacation
15 periods; and
16 (e) Operators of transient establishments, as defined
17 in s. 509.013, that provide child care services solely for the
18 guests of their establishment or resort, provided that all
19 child care personnel of the establishment are screened
20 according to the level 2 screening requirements of chapter
21 435.
22 (2) "Department" means the Department of Education.
23 (3) "Director" means an onsite person who is
24 responsible for the overall operation of a child care center
25 or specialized child care center for mildly ill children,
26 regardless of whether he or she is the owner of the center.
27 (4) "Early childhood education" means child
28 development or child care that is provided for a period of
29 less than 24 hours per day on a regular basis and for which a
30 payment of a fee or grant is made.
31
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 (5) "Early childhood education provider" means a
2 provider of early childhood education services. The term
3 includes public and private providers, including child care
4 centers, specialized child care centers for mildly ill
5 children, family child care homes, large family child care
6 homes, and informal providers, regardless of whether a
7 provider is licensed, registered, exempt from licensure, or
8 unregulated under s. 402.305.
9 (6) "Early learning" means the enhancement of a
10 child's ability to make age-appropriate progress in the
11 development of language and cognitive capabilities, including
12 early literacy skills and emotional, social, regulatory, and
13 moral capacities, through education in basic skills, as part
14 of an early learning program provided under this chapter.
15 (7) "Early Learning Council" means the council
16 established in s. 1014.41 to administer early childhood
17 education programs and services, excluding voluntary universal
18 prekindergarten, at the local level.
19 (8) "Early learning funds" means all state and federal
20 funds appropriated to the Department of Education for delivery
21 and administration of early learning programs. Except as
22 otherwise expressly provided by law, the term does not include
23 funds provided to the Business Partnership for Early Learning
24 under s. 1014.50.
25 (9) "Early learning program" means a program that
26 provides publicly funded services under this chapter,
27 including early childhood education and the voluntary
28 universal prekindergarten program.
29 (10) "Family day care home" means an occupied
30 residence in which child care is regularly provided for
31 children from at least two unrelated families and which
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 receives a payment, fee, or grant for any of the children
2 receiving care, whether or not operated for profit. A family
3 day care home shall be allowed to provide care for one of the
4 following groups of children, which shall include those
5 children under 13 years of age who are related to the
6 caregiver:
7 (a) A maximum of four children from birth to 12 months
8 of age.
9 (b) A maximum of three children from birth to 12
10 months of age, and other children, for a maximum total of six
11 children.
12 (c) A maximum of six preschool children if all are
13 older than 12 months of age.
14 (d) A maximum of 10 children if no more than five are
15 preschool age and, of those five, no more than two are under
16 12 months of age.
17 (11) "Informal provider" means a service provider that
18 is unregulated under part IV of this chapter and, accordingly,
19 is not required to be licensed or registered under part IV of
20 this chapter, and is not exempted from licensure under s.
21 402.305. The term includes an arrangement in which early
22 childhood education is provided by a relative of the child or
23 by another unregulated caregiver, regardless of whether those
24 services are provided in the child's residence or at another
25 location.
26 (12) "Kindergarten eligibility" means the age at which
27 a child is eligible for admission to public kindergarten under
28 s. 1003.21(1)(a)2.
29 (13) "Large family child care home" means an occupied
30 residence in which child care is regularly provided for
31 children from at least two unrelated families, which receives
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 a payment, fee, or grant for any of the children receiving
2 care, whether or not operated for profit, and which has at
3 least two full-time child care personnel on the premises
4 during the hours of operation. One of the two full-time child
5 care personnel must be the owner or occupant of the residence.
6 A large family child care home must first have operated as a
7 licensed family day care home for 2 years, with an operator
8 who has had a child development associate credential or its
9 equivalent for 1 year, before seeking licensure as a large
10 family child care home. A large family child care home shall
11 be allowed to provide care for one of the following groups of
12 children, which shall include those children under 13 years of
13 age who are related to the caregiver:
14 (a) A maximum of eight children from birth to 24
15 months of age.
16 (b) A maximum of 12 children, with no more than 4
17 children under 24 months of age.
18 (14) "Operator" means an onsite person ultimately
19 responsible for the overall operation of a family child care
20 home or large family child care home, regardless of whether he
21 or she is the owner of the home.
22 (15) "Owner" means the person who is licensed or
23 registered to operate as an early childhood education
24 provider.
25 (16) "Payment certificate" means a "child care
26 certificate" as defined in 45 C.F.R. s. 98.2.
27 (17) "Single point of entry" means an integrated
28 information system that allows a parent to enroll his or her
29 child in early learning programs at various locations
30 throughout the county or multicounty region served by an early
31 learning council, that may allow a parent to enroll his or her
15
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 child by telephone or through an Internet website, and that
2 uses a unified waiting list to track eligible children waiting
3 for enrollment in available early learning programs.
4 (18) "Voluntary universal prekindergarten funds" means
5 all state funds appropriated to the Department of Education
6 for the voluntary universal prekindergarten program.
7 (19) "Voluntary universal prekindergarten program"
8 means the voluntary universal prekindergarten education
9 program mandated by s. 1(b) and (c), Art. IX of the State
10 Constitution.
11 (20) "Voluntary universal prekindergarten provider"
12 means a provider of the voluntary universal prekindergarten
13 program. The term includes all providers that meet the
14 criteria specified in s. 1014.27 and have signed a funding
15 agreement under s. 1014.28.
16 Section 5. Section 1014.03, Florida Statutes, is
17 created to read:
18 1014.03 Governance; state and local.--
19 (1) STATE BOARD OF EDUCATION.--
20 (a) The State Board of Education is the chief
21 implementing and coordinating body of public education in this
22 state, and it shall focus on high-level policy decisions. It
23 may adopt rules to administer the laws conferring duties upon
24 it for the improvement of early learning programs including
25 the voluntary universal prekindergarten program. Except as
26 otherwise provided herein, the State Board of Education may,
27 as it finds appropriate, delegate its general powers to the
28 Commissioner of Education or the directors of the divisions of
29 the department.
30 (b) The State Board of Education may request and
31 receive information, data, and reports from early learning
16
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 councils and providers in order to ensure compliance with this
2 chapter.
3 1. If an early learning council, a voluntary universal
4 prekindergarten provider, or an early childhood education
5 provider cannot satisfactorily document compliance with this
6 chapter, the State Board of Education may order the early
7 learning council, voluntary universal prekindergarten
8 provider, or early childhood education provider to comply with
9 the request within a specified time period.
10 2. If the State Board of Education determines that an
11 early learning council, a voluntary universal prekindergarten
12 provider, or an early childhood education provider is
13 unwilling or unable to comply with a law or rule within the
14 specified time, the State Board of Education may:
15 a. Report to the Legislature that an early learning
16 council, voluntary universal prekindergarten provider, or
17 early childhood education provider is unwilling or unable to
18 comply with a law or rule and recommend the action that the
19 board proposes the Legislature take;
20 b. Withhold the transfer of state funds, discretionary
21 grant funds, or any other funds specified as eligible for this
22 purpose until the early learning council, voluntary universal
23 prekindergarten provider, or early childhood education
24 provider complies with the law or rule; or
25 c. Require the early learning council, voluntary
26 universal prekindergarten provider, or early childhood
27 education provider to report monthly or periodically on the
28 noncompliance until the noncompliance is remedied.
29 (c) The State Board of Education shall ensure that
30 administrative costs associated with delivering early
31 childhood education programs and services during the 2004-2005
17
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 fiscal year do not exceed administrative costs associated with
2 delivering those programs and services during the 2003-2004
3 fiscal year.
4 (2) EARLY LEARNING ADVISORY COUNCIL.--The Early
5 Learning Advisory Council is responsible for the activities
6 described in s. 1014.05.
7 (3) DEPARTMENT OF EDUCATION.--The Department of
8 Education is responsible for:
9 (a) Developing standards for all early learning
10 programs.
11 (b) Facilitating the process by which early learning
12 instructional personnel meet minimum training standards
13 specified in s. 1014.07.
14 (c) Providing technical assistance to early learning
15 councils and all providers.
16 (d) Monitoring early learning councils and providers
17 to ensure compliance with all applicable laws and rules.
18 (e) Creating and implementing a consumer education and
19 protection program specified in s. 1014.43.
20 (f) Providing or securing provision of services and
21 functions necessary for effective and efficient implementation
22 of this chapter.
23 (4) COMMISSIONER OF EDUCATION.--The Commissioner of
24 Education may suspend or prohibit an eligible voluntary
25 universal prekindergarten provider or early childhood
26 education provider from participating in publicly funded early
27 learning programs and may take other action as necessary to
28 ensure compliance with program provider eligibility.
29 (a) The Commissioner of Education may investigate
30 allegations of noncompliance with a law or rule and may
31 determine probable cause.
18
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 (b) The Commissioner of Education shall report to the
2 State Board of Education each noncompliance with law or rule.
3 (c) In addition, the Commissioner of Education shall
4 oversee:
5 1. The compliance of the Division of Early Learning
6 and early learning councils with curriculum standards set
7 forth in s. 1014.47 and rules.
8 2. The evaluation and accountability components of the
9 programs set forth in s. 1014.07 and rules established
10 thereunder.
11 (5) DIVISION OF EARLY LEARNING.--The Division of Early
12 Learning shall administer the early learning programs. The
13 division shall:
14 (a) Provide fiscal and policy guidance to early
15 learning councils including standard contract and voucher
16 agreement language.
17 (b) Provide guidance statements to early learning
18 councils regarding payment rates, parent fees, and other
19 matters related to the early learning program.
20 (c) Ensure that no more than 5 percent of aggregate
21 funds in each fiscal year is expended for administrative
22 activities as required by federal regulations. The division
23 shall work with subrecipients to properly classify and capture
24 expenditures as direct, nondirect, and administrative.
25 (d) Establish and maintain contracting, payment, and
26 reporting systems that provide timely information to the
27 Legislature, including, but not limited to, information about
28 expenditures and numbers of children served.
29 (e) Maintain a list of providers of publicly funded
30 early learning programs.
31
19
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 (f) Implement audit procedures to ensure that a
2 provider is accurately designated as eligible to provide the
3 voluntary universal prekindergarten program services.
4 (g) Fully use federal, state, and local matching funds
5 to provide for the efficient use of program funding.
6 (h) Ensure that federal and state funds are used in
7 compliance with laws, regulations, and contracts or grant
8 agreements and that performance goals are achieved.
9 (i) Develop and distribute information about best
10 practices for effective and cost-efficient service delivery
11 and management of early learning programs.
12 (j) Establish a means by which the public can provide
13 comments and recommendations for the successful implementation
14 of the voluntary universal prekindergarten program.
15 (k) Provide a means by which individuals may notify
16 the Department of Education that a provider may be in
17 violation of the laws or rules relating to the voluntary
18 universal prekindergarten program.
19 (l) Ensure that the early childhood education and
20 voluntary universal prekindergarten programs are delivered as
21 a continuum of services for children ages birth to 5 and that
22 effective mechanisms and procedures for coordination between
23 the programs are implemented throughout the state.
24 Section 6. Section 1014.04, Florida Statutes is
25 created to read:
26 1014.04 Early Learning Advisory Council.--
27 (1) The Governor shall appoint an Early Learning
28 Advisory Council to advise the Commissioner of Education
29 concerning implementation of the voluntary universal
30 prekindergarten program, transition of school readiness
31
20
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 programs to the Department of Education, and operation of
2 early learning programs.
3 (2) The Early Learning Advisory Council shall include,
4 at a minimum, the following members:
5 (a) A representative of private for-profit early
6 childhood education providers;
7 (b) A representative of faith-based early childhood
8 education providers;
9 (c) A Head Start service provider;
10 (d) A representative of prekindergarten programs for
11 children with disabilities under the Individuals with
12 Disabilities Education Act;
13 (e) A representative of not-for-profit early childhood
14 education providers;
15 (f) A public school superintendent;
16 (g) The chair of an early learning council;
17 (h) The chair of the Business Partnership for Early
18 Learning;
19 (i) The chair of a local Children's Services Council
20 or its equivalent;
21 (j) A parent of a child who is enrolled in a publicly
22 funded early learning program;
23 (k) A representative of family child care homes; and
24 (l) A minimum of four representatives of the private
25 business community who do not derive their income from the
26 delivery of early childhood education.
27 (3) The members must be geographically and
28 demographically representative of the state. The governor may
29 appoint additional members to ensure balanced representation.
30
31
21
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 (4) Members are subject to the code of ethics for
2 public officers and employees as set forth in part III of
3 chapter 112.
4 (5) Members shall serve 3-year terms, except that half
5 of the members shall have initial appointments of 2 years.
6 Members may be reappointed for one additional 3-year term.
7 (6) Members shall serve without compensation but are
8 entitled to reimbursement for per diem and travel expenses
9 incurred in the performance of their duties as provided in s.
10 112.061, and reimbursement for other reasonable, necessary,
11 and actual expenses.
12 Section 7. Section 1014.05, Florida Statutes, is
13 created to read:
14 1014.05 Parental involvement.--Parental involvement is
15 critical to a child's readiness to learn. Therefore, this
16 chapter does not limit the role of a child's parents as his or
17 her first teachers.
18 (1) In order to promote opportunities for effective
19 parental involvement, early learning councils shall make
20 available to parents information sufficient for them to make
21 informed choices about their child's participation in early
22 learning programs. This information shall include:
23 (a) Information required by s. 402.3125 regarding the
24 licensure of child care centers and family child care homes;
25 (b) Related community resources available to meet the
26 parent's and child's needs; and
27 (c) The requirements of the consumer protection system
28 for the voluntary universal prekindergarten program, under s.
29 1014.22.
30 (2) Parents are expected to be active participants in
31 the early learning program in which they enroll their child.
22
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 Early learning program providers must ensure that
2 opportunities are made available for parents to support their
3 child in developing literacy skills and achieving other early
4 learning objectives.
5 Section 8. Section 1014.06, Florida Statutes, is
6 created to read:
7 1014.06 Early learning personnel; training
8 requirements.--
9 (1) The State Board of Education shall adopt rules
10 prescribing minimum standards for the training of early
11 learning personnel. These standards shall ensure that each of
12 the following early learning personnel successfully completes
13 an approved introductory course in early childhood education,
14 as evidenced by passage of a competency examination:
15 (a) Directors and other early childhood education
16 personnel of child care centers.
17 (b) Directors and other early childhood education
18 personnel of specialized child care centers for mildly ill
19 children.
20 (c) Operators of family child care homes.
21 (d) Operators of large family child care homes.
22
23 These minimum training standards do not apply to certain
24 occasional or part-time support staff, including, but not
25 limited to, swimming instructors, piano teachers, dance
26 instructors, and gymnastics instructors. Universities,
27 community colleges, school districts, and private providers
28 may coordinate or provide this training.
29 (2) The department shall grant exemptions from all or
30 a portion of the required training to a director or other
31 early childhood education personnel of a child care center or
23
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 a specialized child care center for mildly ill children, or an
2 operator of a large family child care home or a family child
3 care home, based upon educational credentials or passage of
4 competency examinations. A director, other early childhood
5 education personnel, or an operator who possesses a 2-year
6 degree or higher that includes 6 college credit hours in early
7 child development or child growth and development, or a child
8 development associate credential, an equivalent state-approved
9 child development associate credential, or a child development
10 associate waiver certificate shall be automatically exempted
11 from the training requirements in paragraphs (3)(b), (3)(d),
12 and (3)(e).
13 (3) The introductory course for directors, other early
14 childhood education personnel, and operators of large family
15 child care homes shall be 45 clock hours. The introductory
16 course for operators of family child care homes shall be 30
17 clock hours. Each approved introductory course must cover at
18 least the following topics:
19 (a) State and local rules and regulations governing
20 early learning programs.
21 (b) Health, safety, and nutrition.
22 (c) Identifying and reporting child abuse and neglect.
23 (d) Early learning, including typical and atypical
24 language, cognitive, motor, social, and self-help skills
25 development.
26 (e) Observation of developmental behavior, including
27 the use of a checklist or other similar observation tools and
28 techniques to determine the child's developmental age level.
29 (f) Early literacy and language development of
30 children from birth to 5 years of age.
31
24
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 (g) Other specialized areas as determined by the State
2 Board of Education. For directors and early childhood
3 education personnel the specialized topics must include
4 computer technology for professional and classroom use.
5 (h) The introductory course for directors and other
6 early childhood education personnel shall emphasize, to the
7 maximum extent practicable, an interdisciplinary approach to
8 the study of children.
9 (4)(a) Each operator of a family child care home must
10 successfully complete the training required under this
11 section, as evidenced by passage of the competency
12 examination, before providing early learning programs to a
13 child.
14 (b) Each director or other early childhood education
15 personnel and each operator of a large family child care home,
16 shall:
17 1. Begin training to satisfy the training requirements
18 within 90 days after initial employment in a facility in this
19 state covered by this section; and
20 2. Successfully complete the training required under
21 this section, as evidenced by passage of the competency
22 examination, within 1 year after the date the training began.
23 (5)(a) In order to further their early learning
24 programs and, if appropriate, administrative skills, each
25 director, other early childhood education personnel, and each
26 operator required to be trained under this section who has
27 completed the introductory training must annually complete an
28 additional one unit of continuing education of an approved
29 inservice training course, or 10 clock hours of equivalent
30 training, as determined by the State Board of Education.
31
25
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 (b) Each director, other early childhood education
2 personnel, and each operator required to be trained under this
3 section must complete 0.5 continuing education units of
4 approved training or 5 clock hours of equivalent training, as
5 determined by the department, in early literacy and language
6 development of children from birth to 5 years of age.
7 Section 9. Section 1014.061, Florida Statutes, is
8 created to read:
9 1014.061 Child development associate and child
10 development associate equivalent curriculum.--
11 (1)(a) The Department of Education shall conduct a
12 review of all currently approved child development associate
13 and child development associate equivalent educational
14 programs, and any corresponding state requirements, in order
15 to assess the curriculum and testing requirements. The
16 department shall develop methods to improve these requirements
17 and procedures. The review shall be conducted every 3 years.
18 (b) The review shall include, but is not limited to, a
19 determination of the accessibility, quality, scope, and
20 sources of current training; a determination of the need for
21 specialty training; and a determination of ways to increase
22 inservice training and ways to increase the accessibility,
23 quality, and cost-effectiveness of current and proposed
24 training.
25 (2)(a) The State Board of Education shall adopt rules
26 establishing curriculum standards for the approval and renewal
27 of child development associate and child development associate
28 equivalent credential programs.
29 (b) The curriculum standards for the child development
30 associate equivalent credential shall include a requirement to
31 successfully complete a competency based examination for which
26
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 a professional certificate will be awarded. The curriculum
2 standards and renewal requirements for the state-approved
3 child development associate equivalent credential must include
4 literacy education, effective practices for increasing
5 parental involvement, and strategies to meet the needs of
6 non-English-speaking children and children with disabilities.
7 Universities, community colleges, school districts, and
8 private providers may provide training for professional
9 development.
10 Section 10. Section 1014.062, Florida Statutes, is
11 created to read:
12 1014.062 Early learning trainer qualifications.--
13 (1) An early learning professional who teaches an
14 approved 45 clock-hour introductory course, a child
15 development associate credential, or an equivalent
16 state-approved child development associate credential shall:
17 (a) Be at least 21 years old;
18 (b) Complete the appropriate training course developed
19 by the Department of Education; and
20 (c) Satisfy one of the following combinations of
21 education and practical experience:
22 1. A 4-year college degree or higher with 6 college
23 credit hours in early childhood education and 480 hours'
24 experience in a child care setting serving children ages birth
25 through 5 years of age or a teaching certificate.
26 2. An Associate of Arts or Associate of Science degree
27 in child development and 480 hours' experience in a child care
28 setting serving children birth through 5 years of age.
29 3. An Associate of Arts or Associate of Science degree
30 with 6 college credit hours' in early childhood education and
31
27
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 960 hours' experience in a child care setting serving children
2 birth through 5 years of age.
3 (2) The trainer's qualifications must be verified by
4 the training coordinating agency.
5 Section 11. Section 1014.063, Florida Statutes, is
6 created to read:
7 1014.063 Early learning personnel training
8 capacity.--The department shall conduct an evaluation of
9 training requirements and testing procedures for early
10 learning personnel in order to assess the status of this
11 training and testing and to develop methods for improving
12 these requirements and procedures. The evaluation shall be
13 conducted every 3 years and shall include, but is not limited
14 to, a determination of the accessibility, quality, scope, and
15 sources of current training; a determination of the need for
16 specialty training; and a determination of ways to increase
17 inservice training and accessibility, quality, and
18 cost-effectiveness of current and proposed training.
19 Section 12. Section 1014.064, Florida Statutes, is
20 created to read:
21 1014.064 Articulation.--The State Board of Education
22 shall develop guidelines for the articulation required in this
23 subsection which maximize local flexibility in developing
24 inter-institutional articulation agreements while assuring
25 students in the field of early learning the ability to proceed
26 toward their higher educational and professional objectives.
27 The State Board of Education shall adopt a rule for a
28 statewide articulation agreement in which:
29 (1) Successful completion of the 45 clock-hour
30 introductory course shall reduce the number of hours required
31 for the equivalent state-approved child development associate
28
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 credential by 45 hours. The specific competencies into which
2 the hours articulate shall be determined by the State Board of
3 Education.
4 (2) Successful completion of a child development
5 associate credential or an equivalent state-approved child
6 development associate credential shall articulate into a
7 minimum of 12 community college credit hours in early
8 childhood education. The specific courses into which the
9 credits articulate shall be determined by the local community
10 college.
11 (3) Successful completion of an associate degree in
12 early childhood education shall articulate into the
13 appropriate state university baccalaureate degree program.
14 Section 13. Section 1014.065, Florida Statutes, is
15 created to read:
16 1014.065 Experience credit.--
17 (1) The State Board of Education shall adopt a rule to
18 develop a procedure by which early learning personnel who have
19 completed the introductory training program before June 30,
20 1999, and who have been employed for not less than 5 years as
21 early childhood education personnel may have the opportunity
22 to earn an equivalent state-approved child development
23 associate credential. The procedure shall, at a minimum,
24 include:
25 (a) A procedure for applying for and determining
26 eligibility for the equivalent state-approved child
27 development associate credential; and
28 (b) A method of measuring competency that includes
29 observation of the applicant in an early learning setting by a
30 qualified observer and successful completion of the child
31 development associate equivalent competency-based examination.
29
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 (2) This section is repealed June 30, 2009, unless
2 reenacted by the Legislature.
3 Section 14. Section 402.3017, Florida Statutes, is
4 transferred, renumbered as section 1014.07, Florida Statutes,
5 and amended to read:
6 1014.07 402.3017 Early learning quality initiatives;
7 Teacher Education and Compensation Helps (TEACH) Early
8 Childhood Project scholarship program.--
9 (1) The Legislature finds that the level of early
10 child care teacher education and training is a key predictor
11 for determining program quality. The Legislature also finds
12 that low wages for child care workers prevent many from
13 obtaining increased training and education and contribute to
14 high turnover rates. The Legislature therefore intends to
15 help fund a program which links teacher training and education
16 to compensation and commitment to the field of early childhood
17 education.
18 (1)(2) The department may of Children and Family
19 Services is authorized to contract for the administration of
20 the Teacher Education and Compensation Helps (TEACH) Early
21 Childhood Project. The project shall be based upon the
22 national model and shall provide scholarship program, which
23 provides educational scholarships to early childhood education
24 personnel caregivers and administrators of early childhood
25 programs, family day care homes, and large family child care
26 homes.
27 (2) The department may contract for the administration
28 of the Home Instruction for Parents of Preschool Youngsters
29 (HIPPY) program. The program shall be based on its national
30 model and encourage parental involvement in early learning
31
30
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 programs by providing parents with assistance in preparing
2 their children for school.
3 (3) The department may shall adopt rules as necessary
4 to administer implement this section.
5 (4) For the 2003-2004 fiscal year only, the Agency for
6 Workforce Innovation shall administer this section. This
7 subsection expires July 1, 2004.
8 Section 15. Section 1014.08, Florida Statutes, is
9 created to read:
10 1014.08 Accountability.--
11 (1) LEGISLATIVE INTENT.--It is the intent of the
12 Legislature that:
13 (a) The performance accountability system implemented
14 to assess the effectiveness of this state's publicly funded
15 early learning programs, including the voluntary universal
16 prekindergarten program, must answer the following questions:
17 1. What is the public receiving in return for funds it
18 invests in early learning programs?
19 2. How effective are publicly funded early learning
20 programs and providers in preparing a child to be "ready" for
21 kindergarten?
22 3. How effective and efficient are local early
23 learning councils in meeting performance standards established
24 by the State Board of Education?
25 4. How effective and efficient are the State Board of
26 Education and Commissioner of Education in administering and
27 supporting publicly funded early learning programs?
28 (b) The State Board of Education shall recommend to
29 the Legislature, no later than January 1, 2005, performance
30 measures and standards for publicly funded early learning
31 programs including components identified in paragraph (a).
31
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 (c) The Legislature must adopt, no later than June 30,
2 2005, performance measures and standards for publicly funded
3 early learning. The measures and standards adopted by the
4 Legislature shall provide the public with information about
5 what the public is receiving in return for the funds it
6 invests in early learning programs. It is also the intent of
7 the Legislature that the performance measures and standards
8 address the issues identified in paragraph (a).
9 (d) Each early learning council shall conduct an
10 annual evaluation of the effectiveness of its publicly funded
11 early childhood education programs. The results of the
12 evaluations shall be submitted in the manner prescribed by the
13 Department of Education and made available to the public upon
14 request. The evaluation must include the components prescribed
15 by the State Board of Education and, at a minimum, measures of
16 the following:
17 1. A child's achievement as measured by
18 age-appropriate assessments upon entry into the program and
19 upon completion of the program; and
20 2. A child's readiness for kindergarten as measured by
21 the instrument adopted by the State Board of Education to
22 assess the school readiness of all children entering
23 kindergarten.
24 (2) SYSTEMWIDE DATA COLLECTION.--Early learning
25 councils and state-funded providers shall maintain information
26 systems that will provide the State Board of Education and the
27 Legislature with information and reports necessary to address
28 the specifications of the accountability system. The State
29 Board of Education shall determine the standards for the
30 required data.
31
32
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 (3) RULES.--The State Board of Education shall adopt
2 rules to administer this section.
3 Section 16. Section 411.0105, Florida Statutes, is
4 transferred, renumbered as section 1014.09, Florida Statutes,
5 and amended to read:
6 1014.09 411.0105 Federal designation Early Learning
7 Opportunities Act and Even Start Family Literacy Programs;
8 lead agency responsibilities.--The Governor may designate the
9 Department of Education as the lead agency for the purpose of
10 administering the federal Child Care and Development Fund, 45
11 C.F.R. parts 98 and 99, and the federal Early Learning
12 Opportunities Act, 20 U.S.C. ss. 9401-9413. If the department
13 is designated the lead agency, the department must comply with
14 the lead agency responsibilities set forth in federal law. For
15 purposes of administration of the Early Learning Opportunities
16 Act and the Even Start Family Literacy Programs, pursuant to
17 Pub. L. No. 106-554, the Agency for Workforce Innovation is
18 designated as the lead agency and must comply with lead agency
19 responsibilities pursuant to federal law.
20 Section 17. Section 1014.10, Florida Statutes, is
21 created to read:
22 1014.10 Conflicts with federal law.--If any provision
23 of this chapter conflicts with federal laws or regulations,
24 the federal laws or regulations will take precedence to the
25 extent of the conflict until the conflict is resolved.
26 Section 18. Part II of chapter 1014, Florida Statutes,
27 shall be entitled "Voluntary Universal Prekindergarten
28 Program" and shall consist of sections 1014.21-1014.33,
29 Florida Statutes.
30 Section 19. Section 1014.21, Florida Statutes, is
31 created to read:
33
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 1014.21 Legislative intent.--
2 (1) The voluntary universal prekindergarten program
3 shall provide a high-quality prekindergarten learning
4 opportunity that is voluntary and free for every child in this
5 state who is 4 years of age.
6 (2) The program must be organized, designed, and
7 delivered in accordance with Sections 1(b) and (c), Article
8 IX, of the State Constitution.
9 (3) It is the goal of the Legislature that 90 percent
10 of the children who participate in the voluntary universal
11 prekindergarten program are assessed as "ready" upon entering
12 kindergarten.
13 (4) The Legislature recognizes that high-quality
14 voluntary universal prekindergarten increases a child's chance
15 of achieving future educational success and becoming a
16 productive member of society. It is the intent of the
17 Legislature that the program be developmentally appropriate,
18 prevent or reduce the risk of future school failure, enhance
19 the educational readiness of all children, and support family
20 education and the involvement of parents in their child's
21 educational progress.
22 (5) The Legislature recognizes that there is a strong
23 relationship between the skill and preparation of the staff of
24 an early learning program and the educational outcomes of
25 children attending early learning programs. To improve
26 educational outcomes, the Legislature intends that all early
27 learning staff continually improve their skills and
28 preparation through education and training so that in 5 years,
29 at least one staff member in each classroom will have at least
30 an associate's degree in the field of early childhood
31 education or child development and, in 8 years, at least one
34
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 staff member in each classroom will have a bachelor's degree
2 in the field of early childhood education or child
3 development.
4 (6) It is the intent of the Legislature that the
5 prekindergarten program not exist in isolation from other
6 children's programs. Rather, it is the intent of the
7 Legislature that the prekindergarten program coordinate with
8 existing services and work in cooperation with other programs
9 for young children.
10 Section 20. Section 1014.215, Florida Statutes, is
11 created to read:
12 1014.215 Parental rights and choices;
13 responsibilities.--
14 (1) The voluntary universal prekindergarten program is
15 intended to assist and support parents in fulfilling their
16 role as their child's first teachers.
17 (2) Parents must be given information to help them to
18 make an informed choice among available prekindergarten
19 program sites and providers.
20 (3) Parents should receive periodic assessments of
21 their child's progress and his or her developmental and
22 educational needs. When necessary and appropriate, parents
23 should be offered assistance in interpreting assessment
24 information and in accessing resources to address their
25 child's needs.
26 (4) Universal prekindergarten is a voluntary program
27 and parents who choose to have their 4-year-old child
28 participate are responsible for their child's experiencing a
29 high-quality learning opportunity. In selecting a voluntary
30 universal prekindergarten service provider, the parent or
31 guardian should:
35
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 (a) Be aware of the range of eligible public, private,
2 and faith-based programs;
3 (b) Verify that providers meet all program eligibility
4 requirements under this act;
5 (c) Review program performance data. This data may
6 include performance results on the required school readiness
7 screening administered upon entry into public kindergarten,
8 and other program evaluations, of children who were served by
9 the provider;
10 (d) Verify that the provider's license is current;
11 (e) Talk with other parents about their child's
12 experience with the provider; and
13 (f) Select the provider that is most appropriate for
14 their child.
15 Section 21. Section 1014.22, Florida Statutes, is
16 created to read:
17 1014.22 Consumer protection; Department of Education;
18 parents and guardians.--
19 (1) DEPARTMENT OF EDUCATION OBLIGATIONS.--
20 (a) The Department of Education shall create and
21 administer a consumer education and protection program to
22 assist families and guardians in making informed decisions
23 about participating in the voluntary universal prekindergarten
24 program. The program shall include a variety of strategies
25 that, at a minimum, communicate the characteristics of a high
26 quality program, application information, and program
27 eligibility criteria.
28 (b) The Department of Education shall establish a
29 toll-free hotline and Internet website to answer questions and
30 provide information regarding the voluntary universal
31 prekindergarten program. This hotline shall be separate but
36
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 should be accessible from the single point of entry system.
2 The statewide resource and referral system provided under s.
3 1014.48 shall also include information about voluntary
4 prekindergarten programs and providers.
5 (2) PROVIDER OBLIGATIONS.--
6 (a) Each provider must communicate objective
7 information about its programs to parents who wish to
8 participate in the voluntary prekindergarten education
9 program.
10 (b) Each participating provider must give parents,
11 upon request, documentation showing that the provider meets
12 all program eligibility criteria set forth in s. 1014.27.
13 Section 22. Section 1014.23, Florida Statutes, is
14 created to read:
15 1014.23 Service delivery and design.--
16 (1) Voluntary universal prekindergarten program
17 services shall be provided by a diverse network of high
18 quality private not-for-profit, private for-profit,
19 faith-based, and public providers. This diversity is necessary
20 to support parental choice and maximize use of existing
21 program capacity and community resources.
22 (2) The department shall encourage and support
23 partnerships among early learning councils, local governments,
24 community and faith-based organizations, private schools and
25 early learning providers, public schools, and businesses to
26 ensure that the quantity of high quality services is adequate
27 to meet anticipated demand for voluntary universal
28 prekindergarten.
29 Section 23. Section 1014.24, Florida Statutes, is
30 created to read:
31 1014.24 Community partnerships.--
37
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 (1) The voluntary universal prekindergarten program
2 shall address the physical, behavioral, and developmental
3 needs of participating children by coordinating with and
4 referring to other local and state agencies or community-based
5 partnerships designed to serve these children.
6 (2) Each provider shall implement procedures to refer
7 a child who needs additional support services to appropriate
8 community service providers, including, but not limited to,
9 public health departments, providers of early intervention
10 services, and publicly funded providers of behavioral or
11 developmental services. The statewide resource and referral
12 system shall include guidelines and procedures for referring
13 children for support services.
14 (3) The application used by parents for voluntary
15 universal prekindergarten program enrollment must include an
16 inventory of their child's needs and service history so that
17 program service providers can identify referral needs.
18 Section 24. Section 1014.25, Florida Statutes, is
19 created to read:
20 1014.25 Eligibility and application for services.--
21 (1) A child who is a resident of this state and
22 reaches the age of 4 years on or before September 1 of the
23 school year is eligible for admission to the voluntary
24 universal prekindergarten education program for that school
25 year.
26 (2) Before the school year begins, parents of an
27 eligible child may apply for admission to the voluntary
28 universal prekindergarten program.
29 (3) The State Board of Education shall adopt rules
30 establishing the procedures for applying to the voluntary
31
38
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 universal prekindergarten program. The rules shall include,
2 but are not limited to, the following:
3 (a) The form of the application;
4 (b) The application time period; and
5 (c) The procedures for receiving and processing the
6 applications.
7 (4) The Department of Education shall make information
8 about the application process accessible to the public through
9 a public information program that includes print and
10 electronic media and the Internet.
11 Section 25. Section 1014.26, Florida Statutes, is
12 created to read:
13 1014.26 Voluntary universal prekindergarten education
14 program; child expectations; curricula; transition to
15 kindergarten.--
16 (1)(a) The voluntary universal prekindergarten program
17 shall be designed to address and enhance each child's ability
18 to make age-appropriate progress, provide development of
19 language and cognitive capabilities, and provide education in
20 basic and other appropriate skills through high-quality
21 learning experiences that build upon a child's interests and
22 skills.
23 (b) To define age-appropriate expectations that will
24 enable children to be ready for school, the Department of
25 Education shall cooperate with the Florida Center for Reading
26 Research to review the Florida School Readiness Performance
27 Standards for Three-, Four-, and Five-Year-Old Children 2002
28 in order to propose additional or revised standards that
29 emphasize early literacy and oral language skills, including
30 vocabulary development. The State Board of Education shall
31
39
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 adopt these literacy and language standards for use in the
2 state's voluntary universal prekindergarten program.
3 (2) Curricula used in voluntary universal
4 prekindergarten programs shall be age-appropriate,
5 literacy-focused, and responsive to children with special
6 needs, including children with disabilities and those whose
7 first language is other than English. The curricula shall be
8 aligned with the expected child outcomes, as referenced in
9 paragraph (1)(b). The State Board of Education shall:
10 (a) Identify curricula that meets the adopted
11 standards;
12 (b) Provide a mechanism for review and approval of
13 additional curricula proposed for use in voluntary universal
14 prekindergarten programs; and
15 (c) Ensure that all voluntary universal
16 prekindergarten education programs use curricula that meet the
17 adopted standards.
18 (3) Information relating to a child's progress in a
19 voluntary universal prekindergarten program shall be given to
20 the child's parent on a regular basis and shall be provided,
21 in the manner prescribed by the Department of Education, to
22 the school at which the child enrolls for kindergarten.
23 Section 26. Section 1014.27, Florida Statutes, is
24 created to read:
25 1014.27 Program provider eligibility criteria.--For a
26 provider to be eligible to participate in the voluntary
27 universal prekindergarten program and to receive state funds,
28 the provider must be physically located in this state and
29 must:
30
31
40
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 (1) Be in operation for at least 1 year or be part of
2 a corporation with early learning program providers in this
3 state before June 2004.
4 (2) Meet the Gold Seal standards under s. 387.24 by
5 the 2006-2007 school year.
6 (3) Have a minimum staff-to-child ratio of one staff
7 person for each ten children and serve at least five children.
8 (4) Beginning with the 2005-2006 school year, ensure
9 that at least one instructional staff for each ten children
10 has a minimum staff credential of:
11 (a) A child development associate credential; or
12 (b) A credential that is equivalent to or greater than
13 the child development associate credential.
14 (5) Beginning with the 2006-2007 school year, a least
15 two staff members who meet the minimum staff credential
16 described in subsection (4) are required for classes of 11 to
17 20 children.
18 (6) Use a curriculum that meets the standards set by
19 the State Board of Education under s. 1014.26.
20 (7) Provide parents regular periodic information on
21 the child's progress towards attaining age-appropriate
22 developmental and early learning outcomes consistent with s.
23 1014.26.
24 (8) Establish an information and referral process
25 regarding wrap-around services for children who need support
26 beyond what is provided in the voluntary universal
27 prekindergarten program.
28 (9) Provide opportunities for parental involvement.
29 (10) Cultivate and leverage community partnerships.
30
31
41
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 (11) Annually register with the appropriate early
2 learning council. Each owner or operator must provide the
3 following information:
4 (a) The legal business and trade names, mailing
5 address, and principal business location of the early learning
6 program;
7 (b) The full name, address, and telephone number of
8 each owner or operator of the provider; and
9 (c) A notification of the provider's intent to
10 participate in the program under this section.
11 (12) Offer a program that is 180 days in length and 4
12 hours per day or 720 hours per year.
13 (13) Comply with applicable state and local health and
14 safety laws, rules, and codes.
15 Section 27. Section 1014.28, Florida Statutes, is
16 created to read:
17 1014.28 Transportation.--
18 (1) Voluntary universal prekindergarten providers may
19 not use program funds to provide transportation services or to
20 purchase motor vehicles. Voluntary universal prekindergarten
21 providers may provide transportation services through other
22 funds, including local funds or parent fees.
23 (2) Children who are from economically disadvantaged
24 families as defined in s. 1014.40(2) may have the cost of
25 their transportation reimbursed under s. 1014.42.
26 Section 28. Section 1014.29, Florida Statutes, is
27 created to read:
28 1014.29 Financial matters.--
29 (1)(a) In order to maximize parental choice, a voucher
30 in the amount determined by the Legislature in the General
31 Appropriations Act shall be awarded to the parents of each
42
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 child who participates in a voluntary universal
2 prekindergarten program. Payment for the voucher shall be made
3 to the parent for the voluntary universal prekindergarten
4 provider of the parent's choice, or, if the parent so chooses,
5 directly to the provider.
6 (b) Each provider intending to operate a voluntary
7 universal prekindergarten program must sign a funding
8 agreement each year that requires, at a minimum:
9 1. Documentation that the provider meets the
10 eligibility criteria set forth in s. 1014.27; and
11 2. A clear statement certifying that the provider will
12 not charge the parents more than what the state pays for each
13 child. However, the certification does not apply to the fees
14 charged for transportation, food, or field trips or for late
15 pick-up fees or other related fees.
16 (2) No liability arises on the part of the state for
17 any use of a voucher for a voluntary universal prekindergarten
18 program.
19 Section 29. Section 1014.30, Florida Statutes, is
20 created to read:
21 1014.30 Budgeting.--All funds associated with the
22 voluntary universal prekindergarten program must be
23 appropriated in a single and separate budget entity.
24 Section 30. Section 1014.31, Florida Statutes, is
25 created to read:
26 1014.31 Voluntary universal prekindergarten capacity
27 assessment.--
28 (1) Each year the State Board of Education shall
29 assess the state's capacity to provide high quality voluntary
30 universal prekindergarten programs. This assessment must
31 include:
43
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 (a) The capacity of early childhood education
2 providers to serve the projected 4-year-old population;
3 (b) The capacity of educational institutions and other
4 training institutions to prepare highly qualified personnel
5 for early learning, under s. 1014.06; and
6 (c) The capacity needs of each county.
7 (2) The State Board of Education shall develop the
8 assessment in partnership with local government, business,
9 community and faith-based organizations, and postsecondary
10 educational institutions.
11 (3) The State Board of Education shall report the
12 findings of this assessment and any recommendations to improve
13 the state's capacity to provide high quality voluntary
14 universal prekindergarten programs derived from the assessment
15 to the Governor, the President of the Senate, and the Speaker
16 of the House of Representatives on or before September 30 each
17 year.
18 Section 31. Section 1014.32, Florida Statutes, is
19 created to read:
20 1014.32 Targeted occupation list.--Workforce Florida,
21 Inc., shall recognize credentialed placement in the field of
22 early learning as a high skill occupation for purposes of
23 performance outcome measures under s. 1011.80(4)(c).
24 Section 32. Part III of chapter 1014, Florida
25 Statutes, shall be entitled "Early Childhood Education" and
26 shall consist of sections 1014.40-1014.54, Florida Statutes.
27 Section 33. Section 1014.40, Florida Statutes, is
28 created to read:
29 1014.40 Definitions.--As used in this part, the term:
30 (1) "Central agency" means a community child care
31 coordinating agency, which was established under the former
44
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 subsidized child care program of the Department of Children
2 and Family Services.
3 (2) "Economically disadvantaged" means having a family
4 income that does not exceed 150 percent of the federal poverty
5 level.
6 Section 34. Section 1014.41, Florida Statutes, is
7 created to read:
8 1014.41 Early learning councils.--Effective January 1,
9 2005, local governance of early learning shall be assumed by
10 no more than 28 early learning councils.
11 (1) Each early learning council is responsible for
12 complying with applicable laws and State Board of Education
13 rules relating to early childhood education at the local
14 level. In performing its duties, each early learning council
15 must submit, in a timely manner, any information requested by
16 the State Board of Education or the department relating to
17 compliance accountability and consumer protection.
18 (2) Each early learning council shall provide
19 oversight and accountability for early childhood education at
20 the local level. The oversight and accountability activities
21 must include, but need not be limited to:
22 (a) Maintaining accurate records, including those
23 records necessary to document fiscal and programmatic
24 accountability and compliance with laws and rules governing
25 local providers of early childhood education.
26 (b) Providing representation of a fiscal agent, if
27 necessary, in compliance with s. 1014.52.
28 (c) Retaining legal representation, if necessary, for
29 the review and implementation of contracts.
30 (d) Implementing a system of consumer protection as
31 provided in s. 1014.22.
45
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 (e) Preparing an annual financial and compliance audit
2 of all accounts and records. The annual financial and
3 compliance audit must be conducted by an independent certified
4 public accountant and performed in accordance with rules
5 adopted by the Auditor General.
6 (3) Each early learning council shall have as many
7 members as may be required, but must include:
8 (a) A district administrator of the Department of
9 Children and Family Services or his or her designee who is
10 authorized to make decisions on behalf of the department.
11 (b) A superintendent of schools or his or her designee
12 who is authorized to make decisions on behalf of the
13 superintendent.
14 (c) An executive director of a regional workforce
15 development board.
16 (d) The director of a county health department or his
17 or her designee.
18 (e) The chairperson of the children's services council
19 or the chairperson or executive director of the juvenile
20 welfare board, if applicable.
21 (f) A local child care licensing agency head, if
22 applicable.
23 (g) A president of a community college or designated
24 representative.
25 (h) A representative of a program for children with
26 disabilities under the Individuals with Disabilities Education
27 Act.
28 (i) A parent or guardian of a child who participates
29 in a publicly funded early learning program.
30 (j) The administrator of a central child care agency.
31 (k) A Head Start director.
46
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 (l) A representative of private child care providers.
2 (m) A representative of faith-based child care
3 providers.
4 (n) A representative of family day care home
5 providers.
6 (4) The Governor shall appoint the 14 members listed
7 in subsection (3) for each local council no later than January
8 1, 2005. The members shall be appointed to 4-year terms,
9 except that one-third of the initial appointees shall be
10 appointed to 2-year terms, one-third shall be appointed to
11 3-year terms, and one-third shall be appointed to 4-year
12 terms. These 14 members shall appoint the other council
13 members.
14 (5) A majority of local council members shall be
15 persons who do not have a substantial financial interest in
16 the design or delivery of public or private early learning
17 services in this state. These members and their families may
18 not earn an income from the early learning programs. To
19 satisfy this requirement a council must appoint additional
20 members from a list of nominees presented to the council by
21 chambers of commerce or economic development councils within
22 the geographic area of the council. The chair of the council
23 must be chosen from among the majority that does not have a
24 financial interest in the design or delivery of public or
25 private early learning services.
26 (6) A member of a council may not appoint a designee
27 to act in his or her place unless specifically provided in
28 this act. A member may send a representative to council
29 meetings, but that representative has no voting privileges.
30 (7) Members of the council are subject to the
31 provisions in part III of chapter 112. It is the duty of all
47
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 members of the local coalition board to report all possible or
2 apparent conflicts to the chair and to recuse themselves from
3 participating in council activities related to their areas of
4 conflict. A conflict is deemed to exist if the council member
5 represents any organization, whether as an employee, officer,
6 or director, that receives financial compensation or business
7 for services rendered to the organization or has direct or
8 indirect interest in action to be taken by the council.
9 (8) For the purposes of tort liability, the members of
10 the council and its employees shall be governed by s. 768.28.
11 (9) Each council shall include representation from
12 each county in the service area.
13 (10) Appointed members may serve a maximum of two
14 terms. When a vacancy occurs in an appointed position, the
15 Governor shall fill the vacancy. When a vacancy occurs in a
16 nonappointed position, the vacancy shall be publicly
17 advertised for a minimum of 14 calendar days.
18 Section 35. Section 1014.42, Florida Statutes, is
19 created to read:
20 1014.42 Local council transition.--
21 (1) Each local school readiness coalition established
22 under s. 411.01(5), shall transition itself into an early
23 learning council between July 1, 2004, and December 31, 2004.
24 (2) The executive directors of the school readiness
25 coalitions shall submit a plan to the Commissioner of
26 Education for consolidating the school readiness coalitions
27 into 28 early learning councils by October 1, 2004. A school
28 readiness coalition that does not agree with the consolidation
29 plan shall be assigned to an early learning council region by
30 the commissioner.
31
48
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 (3) All facilities, equipment, and other resources
2 purchased by a local school readiness coalition using state or
3 federal child care or school readiness funding shall be
4 transferred to the early learning council that assumes
5 responsibility for the county or multicounty area previously
6 served by the local school readiness coalition.
7 (4) If a multicounty local school readiness coalition
8 region is divided between two or more early learning council
9 service areas, each early learning council shall receive the
10 share of the facilities, equipment, and other resources that
11 is apportioned to the county or counties for which it assumes
12 jurisdiction. Any disagreements regarding resource allocation
13 shall be resolved by the Chancellor for Early Learning.
14 (5) This section does not create a private cause of
15 action or any rights for individuals or entities in addition
16 to those provided elsewhere in law or rule.
17 Section 36. Section 1014.43, Florida Statutes, is
18 created to read:
19 1014.43 Early childhood education expectations.--Each
20 early learning council shall provide public funds to early
21 childhood education programs that meet the following
22 expectations:
23 (1) The services offered must prepare preschool
24 children to enter kindergarten ready to learn, as measured by
25 the performance standards and outcome measures adopted by the
26 State Board of Education under s. 1014.08.
27 (2) The services must be developmentally appropriate
28 and scientifically based, involve parents as their child's
29 first teacher, serve as a preventive measure for children at
30 risk of future school failure, enhance the educational
31 readiness of eligible children, and support family education.
49
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 (3) The services must offer extended-day and
2 extended-year options to the maximum extent practicable,
3 within funding limitations and without compromising the
4 quality of the program, to meet the needs of parents who work.
5 (4) The services must assist families to access
6 community services and resources to help them achieve economic
7 self-sufficiency.
8 (5) The services must allow persons with an early
9 childhood teaching certificate to provide support and
10 supervision to other staff.
11 (6) The services must provide for coordinated staff
12 development and teaching opportunities.
13 (7) The services must meet all state licensing
14 guidelines, if applicable.
15 Section 37. Section 1014.44, Florida Statutes, is
16 created to read:
17 1014.44 Early childhood education priority for
18 participation.--Each early learning council shall give
19 priority for participation in a publicly funded early
20 childhood education program, in the following order:
21 (1) Priority shall be given first to a child from a
22 family in which there is an adult who is subject to federal
23 work requirements and is receiving temporary cash assistance.
24 (2) Priority shall be given next to a child who is
25 served by the Family Safety Program Office of the Department
26 of Children and Family Services or a community-based lead
27 agency under chapter 39 and for whom early childhood education
28 is needed to minimize the risk of further abuse, neglect, or
29 abandonment.
30
31
50
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 (3) Subsequent priority shall be given to a child
2 younger than kindergarten eligibility who meets one or more of
3 the following criteria:
4 (a) A child who is not included for priority in
5 subsection (2), but who is at risk of abuse, neglect, or
6 exploitation and who is currently a client of the Family
7 Safety Program Office of the Department of Children and Family
8 Services.
9 (b) A child at risk of welfare dependency, including
10 an economically disadvantaged child, a child of a participant
11 in the welfare transition program, a child of a migrant farm
12 worker, or a child of a teen parent.
13 (c) A child of a working family that is economically
14 disadvantaged.
15 (d) A child for whom financial assistance is provided
16 through the Relative Caregiver Program under s. 39.5085.
17 (e) A 3-year-old child or 4-year-old child who may not
18 be economically disadvantaged, but who has been determined
19 eligible as a child with a disability in accordance with the
20 rules of the State Board of Education and is participating in
21 a program for children with disabilities in the local school
22 district.
23 (f) An economically disadvantaged child, a child with
24 a disability, or a child at risk of future school failure,
25 from birth to 4 years of age, who is served at home through a
26 home visitor program and an intensive parent education
27 program, including, but not limited to, the Florida First
28 Start Program.
29 (g) A child who meets federal and state requirements
30 for eligibility for the migrant preschool program, but who
31 does not meet the criteria of economically disadvantaged.
51
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 Section 38. Section 1014.45, Florida Statutes, is
2 created to read:
3 1014.45 Early childhood education program
4 description.--
5 (1) Each council shall provide a comprehensive early
6 childhood education experience that enhances the cognitive,
7 social, and physical development of a child to achieve the
8 performance standards and outcome measures adopted by the
9 State Board of Education under s. 1014.07.
10 (2) Each early learning council shall ensure that the
11 early childhood education provided under its plan includes the
12 following elements:
13 (a) A developmentally and age-appropriate curriculum
14 that, at a minimum, prepares a child for school in each of the
15 following components:
16 1. Physical development for the child;
17 2. Oral language ability including vocabulary
18 development;
19 3. Phonemic awareness;
20 4. Knowledge of and interest in books and other
21 printed materials;
22 5. The ability to cope with challenges;
23 6. The ability to perform tasks;
24 7. Problem-solving skills;
25 8. Following verbal directions;
26 9. Demonstration of curiosity, persistence, and
27 exploratory behavior;
28 10. Interactions with peers and adults; and
29 11. Compliance with rules, limitations, and routines.
30 (b) A character development program to develop basic
31 values.
52
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 (c) A valid and reliable age-appropriate screening of
2 each child's development when they enter the program.
3 (d) A valid and reliable measurement of each child's
4 developmental progress when they exit the program.
5 (e) An appropriate staff-to-children ratio.
6 (f) A healthy and safe environment.
7 Section 39. Section 1014.46, Florida Statutes, is
8 created to read:
9 1014.46 Early childhood education plans.--
10 (1) Each early learning council shall implement an
11 early childhood education plan that meets the requirements of
12 this section and the performance standards and outcome
13 measures adopted by the State Board of Education.
14 Implementation of the plan is subject to approval by the
15 department.
16 (2)(a) Before implementing the plan, an early learning
17 council must submit it to the Department of Education for
18 approval. The department shall approve the plan, reject the
19 plan, or approve the plan with conditions.
20 (b) The department shall review each council's plan
21 annually. If an early learning council does not substantially
22 implement its plan or does not substantially meet the
23 performance standards or outcome measures adopted by the
24 department, the department may contract with a qualified
25 entity to continue early childhood education in the council's
26 county or multicounty region until the department determines
27 that the council is fully prepared to resume operations and
28 perform its functions in conformance with applicable laws,
29 rules, and performance expectations.
30 (c) Each early learning council must review and revise
31 its plan annually. An early learning council may not implement
53
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 any revisions until it submits the revised plan to, and
2 receives approval from, the department. If the department
3 rejects a revised plan, the early learning council must
4 continue to operate under its prior approved plan.
5 (3) Each early learning plan must be submitted in the
6 format prescribed by the department and shall:
7 (a) Include the business organization of the early
8 learning council. The early learning council must file its
9 articles of incorporation and bylaws if the early learning
10 council is organized as a corporation or other business
11 entity. If not, the plan documents must include its contract
12 with a fiscal agent in accordance with s. 1014.30.
13 (b) A description of the local resource and referral
14 agency it created to be a part of the statewide resource and
15 referral network under s. 1014.46.
16 (c) A copy of the community plan that addresses the
17 needs of all eligible children.
18 (d) A description of the single point of entry and
19 unified waiting list for early learning programs.
20 (e) A description of the council's early childhood
21 education program which includes:
22 1. A description of the role the early childhood
23 education programs have in the council's efforts to
24 collaborate with community partners and schools as part of a
25 statewide comprehensive initiative that prepares children and
26 families for the children's success in school.
27 2. A demonstration that each child in the early
28 learning council's early childhood education programs will
29 receive scheduled activities and instruction designed to
30 prepare the child to enter kindergarten ready to learn, that
31 the programs will achieve the program expectations described
54
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 in s. 1014.21, and that the early childhood education services
2 provided under the plan contain the elements described in s.
3 1014.21.
4 3. A description of the before-school and after-school
5 child care that the early learning council offers.
6 (f) Include a list of the locations and types of early
7 childhood education providers the parents may choose from. The
8 list must include the available licensed, registered,
9 religious-exempt, and school-based providers.
10 (g) Include a schedule of payment rates adopted by the
11 early learning council which encompasses all types of early
12 childhood education and providers funded by the council. The
13 early learning council must consider the prevailing
14 market-rate schedule adopted under s. 1014.31 when adopting
15 the payment schedule.
16 1. The payment schedule must specify that an informal
17 provider of unregulated early childhood education may not be
18 paid at more than 50 percent of the payment rate for a family
19 child care home.
20 2. The payment schedule must not have the effect of
21 limiting a parent's choice of provider. However, the
22 department may authorize early learning councils to use its
23 funds to provide a rate differential or stipend to early
24 childhood education providers that hold a current Gold Seal
25 designation under s. 402.281. The differential may not exceed
26 20 percent of the payment rate for providers that do not hold
27 the Gold Seal designation.
28 3. The payment schedule must include a projection of
29 the number of children to be served by the early learning
30 council and must be submitted to the department for
31 information.
55
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 (h) Include the council's sliding fee scale that
2 establishes a copayment for parents to pay for services
3 received. The sliding scale must be based upon a parent's
4 ability to pay. The sliding scale must be uniformly applied to
5 each provider participating in the early learning program.
6 1. An early learning council must report and monitor
7 the collection of copayments paid by parents by using a system
8 of oversight as set forth in s. 1004.03(6).
9 2. Providers must maintain records of the collection
10 of copayments paid by parents and must report the collections
11 to the early learning council and the department.
12 3. The collection of copayments made by parents must
13 comply with federal regulations that require that copayments
14 must be included in provider and early learning council audit
15 requirements as required in s. 1004.03(6).
16 (i) The qualifications of early childhood education
17 personnel for providers participating in the early learning
18 programs, including, but not limited to, successful completion
19 of the 45 clock-hour introductory course described in s.
20 1014.081 and of any additional training or credentials
21 required by the department. The early learning plan must
22 provide a method for verifying these qualifications of all
23 early childhood education personnel for each type of provider.
24 (j) The performance standards and outcome measures
25 adopted for early learning programs by the department under s.
26 1014.07.
27 (k) Direct enhancement services for families and
28 children. These enhancement services are in addition to
29 payments for the placement of children in early learning
30 programs.
31
56
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 (l) Nondirect services, including, but not limited to,
2 the enrollment of children in early learning programs,
3 eligibility determination for early learning programs,
4 training of early learning providers, and parental support and
5 involvement.
6 (m) Strategies to meet the needs of unique
7 populations, such as migrant workers.
8 (4)(a) As part of its early learning plan, an early
9 learning council may apply to the Governor for a waiver to
10 allow it to administer the Head Start program in order to
11 accomplish the purposes of its early learning program.
12 (b) If an early learning plan demonstrates that
13 specific statutory goals may be achieved more effectively by
14 using procedures that require modification of existing rules,
15 policies, or procedures, the early learning council may
16 include in the plan a request for a waiver by the State Board
17 of Education. Upon review, the State Board of Education may
18 grant the proposed modification.
19 (c) An early learning council may enter into a
20 contract with service providers outside their service areas in
21 order to meet the needs of unique populations, such as migrant
22 workers.
23 (d) The department may enter into a statewide contract
24 with service providers in order to meet the needs of unique
25 populations such as migrant workers. Information regarding
26 services offered through a statewide contract must be
27 communicated to each early learning council to allow parents
28 to take advantage of these services.
29 Section 40. Section 1014.47, Florida Statutes, is
30 created to read:
31
57
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 1014.47 Parental choice in early childhood education
2 programs.--
3 (1) Each council's early childhood education program
4 shall, in accordance with 45 C.F.R. s. 98.30, provide parental
5 choice that ensures, to the maximum extent practicable,
6 flexibility in the early learning program and reimbursement
7 arrangements. A parent may choose for his or her child to
8 receive early childhood education:
9 (a) Through an early childhood education provider that
10 is reimbursed for providing early childhood education under a
11 contract; or
12 (b) Through the issuance of a payment certificate
13 directly to the parent for use at an early childhood education
14 provider of the parent's choice, including an informal
15 provider of unregulated early childhood education, regardless
16 of whether the chosen provider otherwise participates in the
17 early learning program.
18 (2) A payment certificate must bear the names of the
19 beneficiary and the early childhood education provider and,
20 when redeemed, must bear the signatures of the beneficiary and
21 an authorized representative of the provider.
22 (3) If an early learning provider gives any cash to a
23 beneficiary in return for receiving a payment certificate, the
24 early learning council or its fiscal agent shall refer the
25 matter to the Division of Public Assistance Fraud or the state
26 attorney for investigation.
27 Section 41. Section 402.27, Florida Statutes, is
28 transferred, renumbered as section 1014.48, Florida Statutes,
29 and is amended to read:
30 1014.48 402.27 Child care and early childhood Resource
31 and referral.--The Department of Education Children and Family
58
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 Services shall ensure that establish a statewide child care
2 resource and referral network is established. The network
3 shall be composed of a state resource and referral agency and
4 a system of local agencies contracted through the state
5 agency. Preference shall be given to using the already
6 established central agencies for subsidized child care as the
7 child care resource and referral agency. If the agency cannot
8 comply with the requirements to offer the resource information
9 component or does not want to offer that service, The
10 department of Children and Family Services shall select the
11 state resource and referral information agency using based
12 upon a request for proposals proposal. Each early learning
13 council shall establish at least one local child care resource
14 and referral agency must be established in the county or
15 multicounty area served by the council each district of the
16 department, but no more than one local agency may be
17 established in a any county. Child care Resource and referral
18 agencies shall provide the following services:
19 (1) Identification of existing public and private
20 early childhood education providers child care and early
21 childhood education services, including child care services by
22 public and private employers, and the development of a
23 database resource file of providers those services. These
24 providers services may include early learning providers that
25 are licensed, exempt from licensure, or registered under part
26 III of this chapter; providers participating in the voluntary
27 universal prekindergarten program; providers participating in
28 a council's early learning programs; family day care, public
29 and private child care programs, head start;, prekindergarten
30 early intervention programs, special education programs for
31 prekindergarten handicapped children with disabilities;,
59
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 services for children with developmental disabilities;,
2 full-time and part-time programs;, before-school and
3 after-school programs;, vacation care programs;, parent
4 education; welfare transition programs;, the WAGES Program,
5 and related family support services. The database information
6 resource file shall include, but is not be limited to:
7 (a) Type of early childhood education provider
8 program.
9 (b) Hours of service.
10 (c) Ages of children served.
11 (d) Number of children served.
12 (e) Significant program information.
13 (f) Fees and eligibility for services.
14 (g) Availability of transportation.
15 (2) The establishment of a referral process that which
16 responds to parental need for information and which is
17 provided with full recognition of the confidentiality rights
18 of parents. Resource and referral agencies may only programs
19 shall make referrals to licensed early childhood education
20 providers, except that a referral may child care facilities.
21 Referrals shall be made to an unlicensed provider child care
22 facility or arrangement only if the provider is not required
23 to there is no requirement that the facility or arrangement be
24 licensed.
25 (3) Maintenance of ongoing documentation of requests
26 for service tabulated through the internal referral process.
27 The following documentation of requests for service shall be
28 maintained by each all child care resource and referral agency
29 agencies:
30
31
60
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 (a) Number of calls and contacts to the resource child
2 care information and referral agency component by type of
3 early childhood education provider service requested.
4 (b) Ages of children for whom service is was
5 requested.
6 (c) Time category of early learning service child care
7 requests for each child.
8 (d) Special time category, such as nights, weekends,
9 and swing shifts shift.
10 (e) Reason that early childhood education the child
11 care is needed.
12 (f) Name of the employer and primary focus of the
13 business.
14 (4) Provision of technical assistance to existing and
15 potential providers of early childhood education child care
16 services. This assistance may include:
17 (a) Information on initiating new early learning child
18 care services, zoning, and program and budget development and
19 assistance in finding the such information from other sources.
20 (b) Information and resources that assist which help
21 existing early learning child care services providers to
22 maximize their ability to serve children and parents in their
23 community.
24 (c) Information and incentives that may which could
25 help existing or planned early learning child care services
26 offered by public or private employers seeking to maximize
27 their ability to serve the children of their working parent
28 employees who are working parents in their community, through
29 contractual or other funding arrangements with businesses.
30 (5) Assistance to families and employers in applying
31 for various early childhood education programs, sources of
61
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 subsidy including, but not limited to, the voluntary universal
2 prekindergarten program or a council's early learning program
3 subsidized child care, head start, prekindergarten early
4 intervention programs, Project Independence, private
5 scholarships, and the federal child and dependent care tax
6 credit.
7 (6) Assistance to state agencies in determining the
8 prevailing market rate for early childhood education child
9 care.
10 (7) Assistance in negotiating discounts or other
11 special arrangements with early childhood education child care
12 providers.
13 (8) Information and assistance to local interagency
14 councils coordinating services for prekindergarten handicapped
15 children with disabilities.
16 (9) Assistance to families in identifying summer
17 recreation camp and summer day camp programs and in evaluating
18 the health and safety qualities of summer recreation camp, and
19 summer day camp, programs and in evaluating the health and
20 safety qualities of summer camp programs. Subject to
21 legislative Contingent upon specific appropriation, a
22 checklist of important health and safety qualities that
23 parents may can use to choose their summer camp programs shall
24 be developed and distributed in a manner that will reach
25 parents interested in these such programs for their children.
26 (10) Each early childhood education provider A child
27 care facility licensed or registered under s. 387.04 s.
28 402.305 and licensed and registered family day care homes must
29 provide the local statewide child care and resource and
30 referral agency agencies with the following information
31 annually:
62
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 (a) Type of each childhood education provider program.
2 (b) Hours of service.
3 (c) Ages of children served.
4 (d) Fees and eligibility for services.
5 Section 42. Section 402.3018, Florida Statutes, is
6 transferred, renumbered as section 1014.49, Florida Statutes,
7 and amended to read:
8 1014.49 402.3018 Consultation to early childhood
9 education providers child care centers and family day care
10 homes regarding health, developmental, behavioral disability,
11 and other special needs issues.--
12 (1) Early childhood education providers are encouraged
13 to serve children with special needs. The department, when
14 requested, shall provide technical assistance to parents and
15 early childhood education providers in order to facilitate
16 serving children with special needs.
17 (2)(1) Subject to legislative Contingent upon specific
18 appropriations, the department shall is directed to contract
19 with the state statewide resource information and referral
20 agency for a statewide toll-free Warm-Line to provide for the
21 purpose of providing assistance and consultation to early
22 childhood education providers child care centers and family
23 day care homes regarding health, developmental, behavioral
24 disability, and other special needs issues of the children
25 they are serving, particularly children with disabilities and
26 other special needs.
27 (3)(2) The purpose of the Warm-Line is to provide
28 advice to early childhood education child care personnel
29 concerning strategies, curriculum, and environmental
30 adaptations that allow a child to derive maximum benefit from
31 receiving early childhood education the child care experience.
63
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 (4)(3) The department shall annually inform early
2 childhood education providers child care centers and family
3 day care homes of the availability of this service, on an
4 annual basis.
5 (5)(4) Subject to legislative Contingent upon specific
6 appropriations, the department shall expand or contract for
7 the expansion of the Warm-Line from one statewide site to one
8 Warm-Line site in each county or region served by an early
9 learning council child care resource and referral agency
10 region.
11 (6)(5) Each county or regional Warm-Line shall provide
12 assistance and consultation to early childhood education
13 providers child care centers and family day care homes
14 regarding health, developmental, behavioral disability, and
15 other special needs issues of the children they are serving,
16 particularly children with disabilities and other special
17 needs. County or regional Warm-Line staff shall provide onsite
18 technical assistance, when requested, to assist early
19 childhood education providers child care centers and family
20 day care homes with inquiries relative to the strategies,
21 curriculum, and environmental adaptations the early childhood
22 education providers child care centers and family day care
23 homes may need as they serve children with disabilities and
24 other special needs.
25 Section 43. Section 409.178, Florida Statutes, is
26 transferred, renumbered as section 1014.50, Florida Statutes,
27 and amended to read:
28 1014.50 409.178 Business Child Care Executive
29 Partnership for Early Learning Act; findings and intent;
30 grant; limitation; rules.--
31
64
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 (1) This section may be cited as the "Child Care
2 Executive Partnership Act."
3 (2)(a) The Legislature finds that when private
4 employers provide onsite child care or provide other child
5 care benefits, they benefit by improved recruitment and higher
6 retention rates for employees, lower absenteeism, and improved
7 employee morale. The Legislature also finds that there are
8 many ways in which private employers can provide child care
9 assistance to employees: information and referral, vouchering,
10 employer contribution to child care programs, and onsite care.
11 Private employers can offer child care as part of a menu of
12 employee benefits. The Legislature recognizes that flexible
13 compensation programs providing a child care option are
14 beneficial to the private employer through increased
15 productivity, to the private employee in knowing that his or
16 her children are being cared for in a safe and nurturing
17 environment, and to the state in more dollars being available
18 for purchasing power and investment.
19 (b) It is the intent of the Legislature to promote
20 public/private partnerships to ensure that the children of the
21 state be provided safe and enriching child care at any time,
22 but especially while parents work to remain self-sufficient.
23 It is the intent of the Legislature that private employers be
24 encouraged to participate in the future of this state by
25 providing employee child care benefits. Further, it is the
26 intent of the Legislature to encourage private employers to
27 explore innovative ways to assist employees to obtain quality
28 child care.
29 (c) The Legislature further recognizes that many
30 parents need assistance in paying the full costs of quality
31 child care. The public and private sectors, by working in
65
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 partnership, can promote and improve access to quality child
2 care and early education for children of working families who
3 need it. Therefore, a more formal mechanism is necessary to
4 stimulate the establishment of public-private partnerships. It
5 is the intent of the Legislature to expand the availability of
6 scholarship options for working families by providing
7 incentives for employers to contribute to meeting the needs of
8 their employees' families through matching public dollars
9 available for child care.
10 (1)(a)(3) There is created a body politic and
11 corporate, known as the Business Child Care Executive
12 Partnership for Early Learning, which shall establish and
13 govern the Business Child Care Executive Partnership for Early
14 Learning Program.
15 (b) The purpose of the Business Child Care Executive
16 Partnership for Early Learning Program is to use utilize state
17 and federal funds as incentives for matching local funds
18 derived from local governments, employers, charitable
19 foundations, and other sources, in order so that Florida
20 communities in this state may create local flexible
21 partnerships with employers.
22 (c) The Business Child Care Executive Partnership for
23 Early Learning Program funds shall be used at the discretion
24 of local communities to meet the needs of working parents. An
25 early childhood education A child care purchasing pool shall
26 be developed with the state, federal, and local funds to
27 provide subsidies to low-income working parents whose family
28 income does not exceed 200 percent of the federal poverty
29 level who are eligible for subsidized child care with a
30 dollar-for-dollar match from employers, local government, and
31 other matching contributions. The funds used from the early
66
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 childhood education child care purchasing pool must be used to
2 supplement or extend the use of existing public or private
3 funds.
4 (2)(4) The Business Child Care Executive Partnership
5 for Early Learning, staffed by the department, shall consist
6 of a representative of the Executive Office of the Governor
7 and nine members of the corporate or early childhood education
8 child care community, appointed by the Governor.
9 (a) Members shall serve for a period of 4 years,
10 except that the representative of the Executive Office of the
11 Governor shall serve at the pleasure of the Governor.
12 (b) The Business Child Care Executive Partnership for
13 Early Learning shall be chaired by a member chosen by a
14 majority vote and shall meet at least quarterly and at other
15 times upon the call of the chair.
16 (c) Members shall serve without compensation, but may
17 be reimbursed for per diem and travel expenses in accordance
18 with s. 112.061.
19 (d) The Business Child Care Executive Partnership for
20 Early Learning shall have all the powers and authority, not
21 explicitly prohibited by law statute, necessary to administer
22 carry out and effectuate the purposes of this section, as well
23 as the functions, duties, and responsibilities of the
24 partnership, including, but not limited to, the following:
25 1. Assisting in the formulation and coordination of
26 the state's early childhood education child care policy.
27 2. Adopting an official seal.
28 3. Soliciting, accepting, receiving, investing, and
29 expending funds from public or private sources.
30 4. Contracting with public or private entities as
31 necessary.
67
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 5. Approving an annual budget.
2 6. Carrying forward any unexpended state
3 appropriations into succeeding fiscal years.
4 7. Providing a report to the Governor, the Speaker of
5 the House of Representatives, and the President of the Senate,
6 on or before December 1 of each year.
7 (3)(5)(a) The State Board of Education Legislature
8 shall consider the recommendations from the Business
9 Partnership for Early Learning annually to determine the
10 amount of state funds or federal low-income child care moneys
11 which shall be used to create the Business Child Care
12 Executive Partnership for Early Learning Program early
13 childhood education child care purchasing pools in counties
14 chosen by the Business Child Care Executive Partnership for
15 Early Learning. A purchasing pool must be created in, provided
16 that at least two of the counties with have populations of no
17 more than 300,000 or fewer persons. The Legislature shall
18 annually review the effectiveness of the early childhood
19 education child care purchasing pool program and reevaluate
20 the percentage of additional state or federal funds, if any,
21 that may can be used for the program's expansion.
22 (b) To ensure a seamless service delivery and ease of
23 access for families, the Business Partnership for Early
24 Learning may contract with early learning councils, community
25 coordinated child care agencies, or the state resource and
26 referral agency to shall administer the child care purchasing
27 pool funds.
28 (c) The department, in conjunction with the Business
29 Child Care Executive Partnership for Early Learning, shall
30 develop procedures for disbursement of funds through the child
31 care purchasing pools. In order to be considered for funding,
68
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 an early learning council the community coordinated child care
2 agency or the statewide resource and referral agency must
3 commit to:
4 1. Matching the state purchasing pool funds on a
5 dollar-for-dollar basis; and
6 2. Expending only those state public funds that which
7 are matched by employers, local government, and other matching
8 contributors who contribute to the purchasing pool. Parents
9 shall also pay a fee, which must shall be not be less than the
10 amount identified in the department's subsidized child care
11 sliding fee scale adopted by the early learning council.
12 (d) Each early learning council shall community
13 coordinated child care agency shall be required to establish a
14 community child care task force for each child care purchasing
15 pool. The task force must be composed of employers, parents,
16 private early childhood education child care providers, and
17 one representative from the local children's services council,
18 if one exists in the area of the purchasing pool. The early
19 learning council shall community coordinated child care agency
20 is expected to recruit the task force members from existing
21 child care councils, commissions, or task forces already
22 operating in the area of a purchasing pool. A majority of the
23 task force shall consist of employers. Each task force shall
24 develop a plan for the use of child care purchasing pool
25 funds. The plan must demonstrate show how many children will
26 be served by the purchasing pool, how many will be new to
27 receiving early learning child care services, and how the
28 early learning council community coordinated child care agency
29 intends to attract new employers and their employees to the
30 program.
31
69
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 (4)(6) The department of Children and Family Services
2 shall adopt any rules to administer necessary for the
3 implementation and administration of this section.
4 Section 44. Section 402.25, Florida Statutes, is
5 transferred, renumbered as section 1014.51, Florida Statutes,
6 and amended to read:
7 1014.51 402.25 Infants and toddlers in state-funded
8 early childhood education and care programs; brain development
9 activities.--Each state-funded early childhood education and
10 care program for children from birth to 5 years of age must
11 provide activities to foster brain development in infants and
12 toddlers. Each A program must provide an environment rich in
13 language and music and filled with objects of various colors,
14 shapes, textures, and sizes to stimulate visual, tactile,
15 auditory, and linguistic senses in a child the children and
16 must include classical music and at least 30 minutes of
17 reading to the children each day. A program may be offered
18 through an existing early childhood program such as Healthy
19 Start, the Title I program, contracted or directly operated
20 subsidized child care, the prekindergarten early intervention
21 program, Florida First Start, the Head Start program, or a
22 private child care program. A program must also provide
23 training for the infants' and toddlers' parents including
24 direct dialogue and interaction between teachers and parents
25 demonstrating the urgency of brain development in the first
26 year of a child's life. A family child day care home is
27 centers are encouraged, but not required, to comply with this
28 section.
29 Section 45. Section 1014.52, Florida Statutes, is
30 created to read:
31
70
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 1014.52 Fiscal agents.--If an early learning council
2 is not legally organized as a corporation or other business
3 entity, the council must designate a fiscal agent, which may
4 be a public entity or a private nonprofit organization. Each
5 fiscal agent must provide financial and administrative
6 services under a contract or agreement with the early learning
7 council. A fiscal agent may not directly provide early
8 childhood education to children. However, a fiscal agent may
9 provide direct services if an early learning council submits a
10 written request to the Department of Education asking for an
11 exception and the department approves the request. The cost of
12 the financial and administrative services shall be negotiated
13 between the fiscal agent and the early learning council. If
14 the fiscal agent is a provider of early childhood education,
15 the contract must specify that the fiscal agent will act under
16 the policy direction from the council and may not receive
17 policy direction from its own corporate board regarding the
18 disbursal of council funds. The fiscal agent shall disburse
19 funds in accordance with the council's approved early learning
20 plan and based on billing and disbursement procedures approved
21 by the Department of Education. The fiscal agent must conform
22 to all data-reporting requirements established by the
23 department.
24 Section 46. Section 402.3051, Florida Statutes, is
25 transferred, renumbered as section 1014.53, Florida Statutes,
26 and amended to read:
27 1014.53 402.3051 Prevailing Child care market rate
28 reimbursement; early childhood education child care grants.--
29 (1) As used in this section, the term:
30 (a) "Child care program assessment tool" means an
31 assessment instrument designated or developed by the
71
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 department to determine quality child care and other child
2 development services to children under the provision of s.
3 402.3015, Title IV-A of the Social Security Act, and the Child
4 Care and Development Block Grant Act of 1990.
5 (a)(b) "Market rate" means the price that an early
6 childhood education a child care provider charges for daily,
7 weekly, or monthly child care services. The market rate shall:
8 1. Be established for licensed child care centers,
9 child care centers exempt from licensure, licensed specialized
10 child care centers for mildly ill children facilities or
11 facilities that are not subject to s. 402.305, licensed or
12 registered family child day care homes, licensed large family
13 child care homes, licensed before-school and after-school
14 child care programs, and informal providers of unregulated
15 early childhood education care provided by a relative or other
16 caretaker.
17 2. Differentiate among early childhood education child
18 care for children with special needs, at risk children or risk
19 categories, infants, toddlers, and preschool children, and
20 school-age children.
21 3. Differentiate between full-time and part-time
22 services care.
23 4. Consider reductions in the cost of services care
24 for additional children in the same family.
25 (b)(c) "Prevailing market rate" means the annually
26 determined 75th percentile of a reasonable frequency
27 distribution of market rate in a predetermined geographic
28 market at which early childhood education licensed child care
29 providers charge a person for early learning child care
30 services.
31
72
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 (2) The department shall establish procedures for
2 adopting a prevailing market rate schedule to reimburse:
3 (a) Licensed, exempt, or registered early learning
4 child care providers who hold a current Gold Seal Quality Care
5 designation at 120 percent of the prevailing market rate for
6 early learning child care services for children who are
7 eligible to participate in an early learning program under s.
8 1014.22 receive subsidized child care; and
9 (b) Licensed, exempt, or registered early childhood
10 child care providers at the prevailing market rate for early
11 learning child care services for children who are eligible to
12 participate in an early learning program under s. 1014.22 to
13 receive subsidized child care, unless prohibited by federal
14 law under s. 402.3015. The department shall establish
15 procedures to reimburse providers of unregulated child care at
16 not more than 50 percent of the market rate.
17
18 The prevailing market rate schedule adopted under this
19 subsection payment system may not interfere with the parents'
20 choice of providers under s. 1014.06 decision as to the
21 appropriate child care arrangement, regardless of the level of
22 available funding for early childhood education child care.
23 The prevailing market rate schedule must be based exclusively
24 on the costs and prices charged for early childhood education
25 and must not be based on any child care program assessment
26 tool may not be used to evaluate early childhood education
27 providers determine reimbursement rates.
28 (3) The department may provide child care grants to
29 early learning councils, central agencies, community colleges,
30 and workforce development education vocational/technical
31 programs for the purpose of providing support and technical
73
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 assistance to licensed early childhood education child care
2 providers.
3 (4) The department may contract, using a request for
4 proposals, with a qualified entity use the state community
5 child care coordination agencies (central agencies), community
6 colleges, and vocational/technical programs to administer
7 implement this section.
8 (5) The State Board of Education department may adopt
9 rules and other policy provisions necessary to administer
10 implement this section.
11 (6) This section shall be implemented only to the
12 extent that funding is available.
13 Section 47. Section 1014.54, Florida Statutes, is
14 created to read:
15 1014.54 Early childhood education funds; competitive
16 procurement.--
17 (1)(a) All funds associated with early childhood
18 education provided under this chapter, other than the funds
19 associated with the voluntary universal prekindergarten
20 program, shall be appropriated in a single and separate budget
21 entity.
22 (b) The Department of Education shall annually
23 allocate all funds appropriated in the early childhood
24 education budget entity, other than those allocated to
25 statewide contracts, to each early learning council in
26 accordance with the equity and performance allocation formula
27 approved under s. 1014.03.
28 (c) Early childhood education funds allocated to each
29 early learning council may be used only to implement the
30 council's early childhood education plan. Early learning funds
31 may not be used for the construction of new facilities and may
74
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 be used only for transportation services in accordance with
2 this chapter.
3 (d) As part of the approval and periodic review of
4 each early learning council's early childhood education plan,
5 the Department of Education shall require that administrative
6 costs be kept to the minimum necessary for an efficient and
7 effective administration of the early learning council's early
8 childhood education. The administrative expenditures of early
9 learning funds may not exceed 5 percent of an early learning
10 council's total expenditures of early learning funds, unless
11 the department specifically waives the limitation. The
12 department shall report to the Legislature annually regarding
13 any issues relating to administrative costs.
14 (2) An early learning council must comply with s.
15 287.057 when procuring commodities or contractual services
16 with state funds. The period of a contract for the purchase of
17 commodities or contractual services, together with any renewal
18 of the original contract, may not exceed 3 years.
19 (3)(a) Each early learning council may contract with a
20 central agency or other qualified entities to perform any of
21 the duties assigned to the council under this chapter.
22 However, the early learning council has ultimate
23 responsibility for the performance of these duties. Contracts
24 awarded under this subsection must comply with the competitive
25 procurement requirements of this section.
26 (b) The Department of Education shall conduct an
27 investigation of any violation of this section, including the
28 misuse of funds.
29 (4) The Auditor General shall annually audit all early
30 learning councils and any central agency awarded a contract
31 under this section.
75
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 Section 48. Subsections (3) and (6) of section 20.15,
2 Florida Statutes, are amended to read:
3 20.15 Department of Education.--There is created a
4 Department of Education.
5 (3) DIVISIONS.--The following divisions of the
6 Department of Education are established:
7 (a) Division of Community Colleges.
8 (b) Division of Public Schools.
9 (c) Division of Colleges and Universities.
10 (d) Division of Vocational Rehabilitation.
11 (e) Division of Blind Services.
12 (f) Division of Early Learning.
13 (6) COUNCILS AND COMMITTEES.--Notwithstanding anything
14 contained in law to the contrary, the commissioner shall
15 appoint all members of all councils and committees of the
16 Department of Education, except the Commission for Independent
17 Education, and the Education Practices Commission, and the
18 Early Learning Advisory Council.
19 Section 49. Paragraph (c) of subsection (2) of section
20 20.50, Florida Statutes, is amended to read:
21 20.50 Agency for Workforce Innovation.--There is
22 created the Agency for Workforce Innovation within the
23 Department of Management Services. The agency shall be a
24 separate budget entity, and the director of the agency shall
25 be the agency head for all purposes. The agency shall not be
26 subject to control, supervision, or direction by the
27 Department of Management Services in any manner, including,
28 but not limited to, personnel, purchasing, transactions
29 involving real or personal property, and budgetary matters.
30 (2) The Agency for Workforce Innovation shall be the
31 designated administrative agency for receipt of federal
76
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 workforce development grants and other federal funds, and
2 shall carry out the duties and responsibilities assigned by
3 the Governor under each federal grant assigned to the agency.
4 The agency shall be a separate budget entity and shall expend
5 each revenue source as provided by federal and state law and
6 as provided in plans developed by and agreements with
7 Workforce Florida, Inc. The agency shall prepare and submit as
8 a separate budget entity a unified budget request for
9 workforce development, in accordance with chapter 216 for, and
10 in conjunction with, Workforce Florida, Inc., and its board.
11 The head of the agency is the director of Workforce
12 Innovation, who shall be appointed by the Governor.
13 Accountability and reporting functions of the agency shall be
14 administered by the director or his or her designee. Included
15 in these functions are budget management, financial
16 management, audit, performance management standards and
17 controls, assessing outcomes of service delivery, and
18 financial administration of workforce programs pursuant to s.
19 445.004(5) and (9). Within the agency's overall organizational
20 structure, the agency shall include the following offices
21 which shall have the specified responsibilities:
22 (c) The Office of Agency Support Services shall be
23 responsible for procurement, human resource services, and
24 information services including delivering information on labor
25 markets, employment, occupations, and performance, and shall
26 implement and maintain information systems that are required
27 for the effective operation of the one-stop delivery system
28 and the school readiness services system, including, but not
29 limited to, those systems described in s. 445.009. The office
30 will be under the direction of the Deputy Director for Agency
31 Support Services, who shall be appointed by and serve at the
77
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 pleasure of the director. The office shall be responsible for
2 establishing:
3 1. Information systems and controls that report
4 reliable, timely and accurate fiscal and performance data for
5 assessing outcomes, service delivery, and financial
6 administration of workforce programs under pursuant to s.
7 445.004(5) and (9).
8 2. Information systems that support service
9 integration and case management by providing for case tracking
10 for participants in welfare transition programs.
11 3. Information systems that support school readiness
12 services.
13 Section 50. Section 402.281, Florida Statutes, is
14 amended to read:
15 402.281 Gold Seal Quality Care program.--
16 (1) Child care centers, specialized child care centers
17 for mildly ill children facilities, large family child care
18 homes, or family child day care homes that are accredited by a
19 nationally recognized accrediting association whose standards
20 substantially meet or exceed the National Association for the
21 Education of Young Children (NAEYC), the National Association
22 of Family Child Care, regional commissions and member
23 organizations of the Commission on International and
24 Trans-Regional Accreditation, or and the National Early
25 Childhood Program Accreditation Commission shall receive a
26 separate "Gold Seal Quality Care" designation to operate as a
27 gold seal child care center, a gold seal specialized child
28 care center for mildly ill children facility, a gold seal
29 large family child care home, or a gold seal family child day
30 care home.
31
78
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 (2) In developing the Gold Seal Quality Care program
2 standards, the department shall consult with the Department of
3 Education, the Florida Head Start Directors Association, the
4 Florida Association of Child Care Management, the Florida
5 Family Day Care Association, the Florida Children's Forum, the
6 State Coordinating Council for School Readiness Programs, the
7 Early Childhood Association of Florida, the National
8 Association for Child Development Education, early childhood
9 education providers receiving exemptions under s. 402.316, and
10 parents, for the purpose of approving the accrediting
11 associations.
12 Section 51. For the purpose of incorporating the
13 amendment made by this act to section 402.281, Florida
14 Statutes, in a reference thereto, subsection (5) of section
15 402.315, Florida Statutes, is reenacted to read:
16 402.315 Funding; license fees.--
17 (5) All moneys collected by the department for child
18 care licensing shall be held in a trust fund of the department
19 to be reallocated to the department during the following
20 fiscal year to fund child care licensing activities, including
21 the Gold Seal Quality Care program created pursuant to s.
22 402.281.
23 Section 52. For the purpose of incorporating the
24 amendment made by this act to section 402.281, Florida
25 Statutes, in a reference thereto, paragraph (m) of subsection
26 (5) of section 212.08, Florida Statutes, is reenacted to read:
27 212.08 Sales, rental, use, consumption, distribution,
28 and storage tax; specified exemptions.--The sale at retail,
29 the rental, the use, the consumption, the distribution, and
30 the storage to be used or consumed in this state of the
31
79
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 following are hereby specifically exempt from the tax imposed
2 by this chapter.
3 (5) EXEMPTIONS; ACCOUNT OF USE.--
4 (m) Educational materials purchased by certain child
5 care facilities.--Educational materials, such as glue, paper,
6 paints, crayons, unique craft items, scissors, books, and
7 educational toys, purchased by a child care facility that
8 meets the standards delineated in s. 402.305, is licensed
9 under s. 402.308, holds a current Gold Seal Quality Care
10 designation pursuant to s. 402.281, and provides basic health
11 insurance to all employees are exempt from the taxes imposed
12 by this chapter. For purposes of this paragraph, the term
13 "basic health insurance" shall be defined and promulgated in
14 rules developed jointly by the Department of Children and
15 Family Services, the Agency for Health Care Administration,
16 and the Financial Services Commission.
17 Section 53. Section 445.023, Florida Statutes, is
18 amended to read:
19 445.023 Program for dependent care for families with
20 children with special needs.--
21 (1) There is created the program for dependent care
22 for families with children with special needs. This program
23 is intended to provide assistance to families with children
24 who meet the following requirements:
25 (a) The child or children are between the ages of 13
26 and 17 years, inclusive.
27 (b) The child or children are considered to be
28 children with special needs.
29 (c) The family economically disadvantaged as defined
30 in s. 1014.20 meets the income guidelines established under s.
31
80
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 411.01(6), notwithstanding any financial eligibility criteria
2 to the contrary in s. 414.075, s. 414.085, or s. 414.095.
3 (2) Implementation of this program is shall be subject
4 to appropriation of funds for this purpose.
5 (3) If federal funds under the Temporary Assistance
6 for Needy Families block grant provided under Title IV-A of
7 the Social Security Act, as amended, are used for this
8 program, the family must be informed about the federal
9 requirements on receipt of the such assistance and must sign a
10 written statement acknowledging, and agreeing to comply with,
11 all federal requirements.
12 (4) In addition to early learning school readiness
13 services provided under chapter 1014 s. 411.01, dependent care
14 may be provided for children age 13 years and older who are in
15 need of care due to a disability and where the such care is
16 needed for the parent to accept or continue employment or
17 otherwise participate in work activities. The amount of
18 subsidy shall be consistent with the rates for special needs
19 child care established by the department. Dependent care
20 needed for employment may be provided as transitional services
21 for up to 2 years after eligibility for temporary cash
22 assistance ends.
23 (5) Notwithstanding any provision of s. 414.105 to the
24 contrary, the time limitation on receipt of assistance under
25 this section shall be the limit established under pursuant to
26 s. 408(a)(7) of the Social Security Act, as amended, 42 U.S.C.
27 s. 608(a)(7).
28 Section 54. Section 1008.21, Florida Statutes, is
29 amended to read:
30 1008.21 School readiness uniform screening
31 (kindergarten).--
81
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 (1) The Department of Education shall implement a the
2 school readiness uniform screening developed by the Florida
3 Partnership for School Readiness, and shall require that all
4 school districts administer the kindergarten uniform screening
5 to each kindergarten student in the district school system
6 upon the student's entry into kindergarten.
7 (2)(a) The Department of Education shall implement the
8 school readiness uniform screening to validate the system
9 recommended by the Florida Partnership for School Readiness as
10 part of a comprehensive evaluation design. Beginning with the
11 2002-2003 school year, the department shall require that all
12 school districts administer the school readiness uniform
13 screening to each kindergarten student in the district school
14 system upon the student's entry into kindergarten. Children
15 who enter public school for the first time in first grade must
16 be administered the school readiness uniform screening adopted
17 for use in first grade. The department shall incorporate
18 school readiness data into the K-20 data warehouse for
19 longitudinal tracking.
20 (a)(b) The uniform screening shall provide objective
21 data regarding the following expectations for school readiness
22 which shall include, at a minimum:
23 1. The child's immunizations and other health
24 requirements as necessary, including appropriate vision and
25 hearing screening and examinations.
26 2. The child's physical development.
27 1.3. The child's compliance with rules, limitations,
28 and routines.
29 2.4. The child's ability to perform tasks.
30 3.5. The child's interactions with peers and adults.
31 6. The child's interactions with peers.
82
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 7. The child's ability to cope with challenges.
2 8. The child's self-help skills.
3 9. The child's ability to express his or her needs.
4 10. The child's verbal communication skills.
5 4.11. The child's problem-solving skills.
6 5.12. The child's ability to follow verbal directions.
7 6.13. The child's demonstration of curiosity,
8 persistence, and exploratory behavior.
9 7.14. The child's knowledge of and interest in books
10 and other printed materials.
11 15. The child's ability to pay attention to stories.
12 16. The child's participation in art and music
13 activities.
14 17. The child's ability to identify colors, geometric
15 shapes, letters of the alphabet, numbers, and spatial and
16 temporal relationships.
17 (b) The screening system shall measure emerging
18 phonemic awareness and phonics skills that are valid and
19 reliable predictors for later reading performance.
20 (3) Recognizing the importance of a child's
21 development in the domain of physical health, each district
22 school board shall ensure that prior to enrollment in
23 kindergarten, information regarding the child's immunizations,
24 physical development, and other health information, including
25 appropriate vision and hearing screening and examinations as
26 necessary, is obtained as required by s. 1003.22.
27 (4) To enhance each child's ability to make
28 age-appropriate progress, each district school board shall
29 also provide for ongoing formal and informal assessment of a
30 child's social and emotional development. Information obtained
31
83
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 through such assessments shall be shared with the child's
2 parent or used to guide instruction.
3 Section 55. Sections 411.01 and 411.012, Florida
4 Statutes, are repealed.
5 Section 56. Transfer of existing programs.--
6 (1) The Florida Partnership for School Readiness,
7 school readiness, early childhood resource and referral, and
8 the subsidized child care program are transferred by a type
9 two transfer, under section 20.06(2), Florida Statutes, from
10 the Agency for Workforce Innovation to the Department of
11 Education. To ensure continuity in payment to providers of
12 school readiness services, the Department of Education is
13 authorized to execute an interagency operating agreement with
14 the Agency for Workforce Innovation for a transition period
15 not to exceed 120 days.
16 (2) The Child Care Executive Partnership Program is
17 transferred by a type two transfer, under section 20.06(2),
18 Florida Statutes, from the Department of Children and Family
19 Services to the Department of Education.
20 (3) The functions associated with the training of and
21 the issuing of credentials to child care facility personnel
22 are transferred by a type two transfer under section 20.06(2),
23 Florida Statutes, from the Department of Children and Family
24 Services to the Department of Education.
25 Section 57. In editing the manuscript for the 2004
26 Florida Statutes, the Division of Statutory Revision is
27 requested to incorporate any amendments, by laws passed during
28 the 2004 Regular Session of the Legislature or any 2004
29 Special Sessions of the Legislature, to provisions repealed by
30 this act into the parallel successor provisions created by
31 this act.
84
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 Section 58. If any provision of this act or its
2 application to any person or circumstance is held invalid, the
3 invalidity does not affect other provisions or applications of
4 the act which can be given effect without the invalid
5 provision or application, and to this end, the provisions of
6 this act are severable.
7 Section 59. Except as otherwise specifically provided
8 in this act, this act shall take effect July 1, 2004.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
85
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 3036
23-1494-04
1 *****************************************
2 SENATE SUMMARY
3 Creates Chapter 1014, Florida Statutes, relating to early
learning. Defines terms related to early learning.
4 Creates the Early Learning Advisory Council. Directs the
State Board of Education to adopt rules prescribing the
5 minimum standards for early learning personnel and
requires a competency examination. Directs the Department
6 of Education to review all currently approved child
development associate and child development associate
7 equivalent educational programs. Requires the State Board
of Education to develop guidelines for
8 inter-institutional articulation and specifying
transferability to educational institutions. Authorizes
9 the Governor to appoint the Department of Education as
the lead agency for federal child care and development
10 purposes. Provides for parental rights, choices, and
responsibilities in the prekindergarten program. Directs
11 the Department of Education to create and operate a
consumer education and protection program to assist
12 parents with selecting a prekindergarten for their child.
Requires the department to establish a toll-free hotline
13 and Internet website to provide information to parents.
Provides that voluntary universal prekindergarten be
14 delivered by a diverse network of private, public, and
faith-based providers. Provides for additional support
15 services; Requires that each prekindergarten application
form include a place for parents to list the child's
16 needs and services. Provides that voluntary universal
prekindergarten programs must address and enhance each
17 child's ability to make age-appropriate progress.
Establishes criteria for providers wishing to participate
18 as voluntary universal prekindergarten providers.
Requires the State Board of Education to annually assess
19 the state's capacity to provide universal prekindergarten
programs. Creates state and local early learning
20 councils. Provides for the transfer of equipment,
facilities, and other resources to the early learning
21 council. Requires the Department of Education to ensure
that a statewide network for resource and referral is
22 established. Requires the department to contract with the
state resource and referral agency to provide a statewide
23 toll-free Warm-Line to provide assistance and
consultation to early childhood education providers.
24 Creates the Business Partnership for Early Learning.
Specifies the power and authority of the Business
25 Partnership board. Requires programs serving children
from birth to 5 years of age to provide a learning
26 environment containing specified activities to foster
brain development. Authorizes each early learning council
27 to contract with a central agency or other qualified
entity to perform duties assigned to the council. Revises
28 criteria for certain programs to be designated "Gold Seal
Quality" programs. (See bill for details.)
29
30
31
86
CODING: Words stricken are deletions; words underlined are additions.