Senate Bill sb3036c1
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Florida Senate - 2004 CS for SB 3036
By the Committee on Education; and Senators Carlton and
Constantine
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1 A bill to be entitled
2 An act relating to early childhood education;
3 creating part V of ch. 1002, F.S.; creating the
4 Florida Prekindergarten Education Program;
5 implementing s. 1(b) and (c), Art. IX of the
6 State Constitution; providing definitions for
7 purposes of the program; providing eligibility
8 and enrollment requirements; authorizing
9 parents to enroll their children in a program
10 delivered by a child development provider or a
11 summer program delivered by a public school;
12 requiring school districts to admit all
13 eligible children in the summer program;
14 prohibiting specified acts of discrimination
15 and certain limits on enrollment; specifying
16 eligibility requirements for child development
17 providers and public schools that deliver the
18 program; providing for the adoption of rules;
19 requiring the Department of Education to submit
20 recommendations to the Legislature and
21 establish a credential for prekindergarten
22 directors and an emerging literacy training
23 course for teachers and child care personnel of
24 the Florida Prekindergarten Education Program;
25 providing that the credential and course
26 satisfy certain credentialing and training
27 requirements; creating a demonstration program
28 in specified school districts; directing the
29 Office of Program Policy Analysis and
30 Government Accountability to evaluate the
31 demonstration program; requiring the
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1 demonstration districts to submit data;
2 providing for the future expiration of the
3 demonstration program; authorizing providers
4 and schools to select or design curricula used
5 for the program under specified conditions;
6 directing the Department of Education to adopt
7 performance standards and approve curricula;
8 requiring providers and schools to be placed on
9 probation and use the approved curricula under
10 certain circumstances; requiring improvement
11 plans and corrective actions from providers and
12 schools under certain circumstances; requiring
13 regional child development boards and school
14 districts to verify compliance of child
15 development providers and public schools;
16 authorizing the removal of providers and
17 schools from eligibility to deliver the program
18 for noncompliance; requiring the Department of
19 Education to adopt a statewide kindergarten
20 screening; requiring certain students to take
21 the statewide screening; specifying
22 requirements for screening instruments and
23 kindergarten readiness rates; providing funding
24 and reporting requirements; specifying the
25 calculation of full-time equivalent student
26 membership in the program; providing for the
27 allocation of program funds among school
28 districts; providing for the documentation and
29 certification of student attendance; requiring
30 student membership surveys; providing for the
31 reallocation of program funds in accordance
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1 with the membership surveys; providing for the
2 payment of regional child development boards
3 and child development providers; prohibiting
4 school districts and regional child development
5 boards from withholding funds for
6 administrative costs; providing for the
7 allocation of administrative funds among
8 regional child development boards; requiring
9 students to comply with attendance policies and
10 authorizing the dismissal of students for
11 noncompliance; prohibiting certain fees or
12 charges; limiting the use of state funds;
13 providing powers and duties of the Department
14 of Education, the Division of Early Childhood
15 Education, and the Chancellor for Early
16 Childhood Education; requiring the Department
17 of Education to adopt procedures for the
18 Florida Prekindergarten Education Program;
19 limiting the department's authority; creating
20 the Florida Child Development Advisory Council;
21 providing for the appointment and membership of
22 the advisory council; providing membership and
23 meeting requirements; authorizing council
24 members to receive per diem and travel
25 expenses; requiring the Department of Education
26 to provide staff for the advisory council;
27 providing for the adoption of rules; amending
28 s. 411.01, F.S.; conforming provisions to the
29 transfer of the Florida Partnership for School
30 Readiness to the Agency for Workforce
31 Innovation; deleting provisions for the
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1 appointment and membership of the partnership;
2 redesignating school readiness coalitions as
3 regional child development boards; deleting
4 obsolete references to repealed programs;
5 deleting obsolete provisions governing the
6 phase in of school readiness programs; deleting
7 provisions governing the measurement of school
8 readiness, the school readiness uniform
9 screening, and performance-based budgeting in
10 school readiness programs; specifying
11 requirements for school readiness performance
12 standards; clarifying rulemaking requirements;
13 limiting the Agency for Workforce Innovation's
14 authority; revising requirements for school
15 readiness programs; specifying that school
16 readiness programs must enhance the progress of
17 children in certain skills; requiring the
18 Agency for Workforce Innovation to administer a
19 quality-assurance system and identify best
20 practices for regional child development
21 boards; requiring a reduction in the number of
22 boards in accordance with specified standards;
23 revising appointment and membership
24 requirements for the boards; directing the
25 Agency for Workforce Innovation to adopt
26 criteria for the appointment of certain
27 members; requiring each board to specify terms
28 of board members; prohibiting board members
29 from voting under certain circumstances;
30 providing a definition for purposes of the
31 single point of entry; requiring regional child
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1 development boards to use a statewide
2 information system; requiring the Agency for
3 Workforce Innovation to approve payment rates
4 and consider the access of eligible children
5 before approving proposals to increase rates;
6 deleting requirements for the minimum number of
7 children served; providing requirements for
8 developmentally appropriate curriculum used for
9 school readiness programs; authorizing
10 contracts for the continuation of school
11 readiness services under certain circumstances;
12 requiring the Agency for Workforce Innovation
13 to adopt criteria for the approval of school
14 readiness plans; revising requirements for
15 school readiness plans; providing requirements
16 for the approval and implementation of plan
17 revisions; revising competitive procurement
18 requirements for regional child development
19 boards; clarifying age and income eligibility
20 requirements for school readiness programs;
21 revising eligibility requirements for certain
22 at-risk children; revising funding
23 requirements; revising requirements for the
24 adoption of a formula for the allocation of
25 certain funds among the regional child
26 development boards; deleting an obsolete
27 provision requiring a report; deleting the
28 expiration of eligibility requirements for
29 certain children from families receiving
30 temporary cash assistance; amending s. 11.45,
31 F.S.; authorizing the Auditor General to
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1 conduct audits of the school readiness system;
2 conforming provisions; amending s. 20.15, F.S.;
3 creating the Division of Early Childhood
4 Education within the Department of Education;
5 specifying that the Commissioner of Education
6 does not appoint members of the Florida Child
7 Development Advisory Council; amending s.
8 20.50, F.S.; creating the Office of Child
9 Development within the Agency for Workforce
10 Innovation; providing that the office
11 administers the school readiness system;
12 amending s. 125.901, F.S.; conforming
13 provisions; amending ss. 216.133 and 216.136,
14 F.S.; redesignating the School Readiness
15 Program Estimating Conference as the Child
16 Development Programs Estimating Conference;
17 requiring the estimating conference to develop
18 certain estimates and forecasts for the Florida
19 Prekindergarten Education Program; directing
20 the Department of Education to provide certain
21 information to the estimating conference;
22 conforming provisions; amending ss. 402.3016,
23 411.011, 411.226, 411.227, 624.91, 1001.23, and
24 1002.22, F.S.; conforming provisions to the
25 transfer of the Florida Partnership for School
26 Readiness to the Agency for Workforce
27 Innovation and to the redesignation of the
28 school readiness coalitions as regional child
29 development boards; requiring the Department of
30 Education to submit a report; requiring the
31 Governor to submit certain recommendations as
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1 part of the Governor's recommended budget;
2 abolishing the Florida Partnership for School
3 Readiness and providing for the transfer of the
4 partnership to the Agency for Workforce
5 Innovation; repealing ss. 411.012 and 1008.21,
6 F.S., relating to the voluntary universal
7 prekindergarten education program and the
8 school readiness uniform screening; providing
9 appropriations; providing for the allocation of
10 appropriations among certain school districts;
11 providing effective dates.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Part V of chapter 1002, Florida Statutes,
16 consisting of sections 1002.51, 1002.53, 1002.55, 1002.57,
17 1002.59, 1002.61, 1002.63, 1002.65, 1002.67, 1002.69, 1002.71,
18 and 1002.73, Florida Statutes, is created to read:
19 PART V
20 FLORIDA PREKINDERGARTEN EDUCATION PROGRAM
21 1002.51 Definitions.--As used in this part, the term:
22 (1) "Advisory council" means the Florida Child
23 Development Advisory Council created under s. 1002.71.
24 (2) "Chancellor for Early Childhood Education" or
25 "chancellor" means the director of the Division of Early
26 Childhood Education of the Department of Education.
27 (3) "Child development provider" means a provider
28 eligible to deliver the prekindergarten program under s.
29 1002.55.
30 (4) "Department" means the Department of Education.
31
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1 (5) "Kindergarten eligibility" means the age at which
2 a child is eligible for admission to kindergarten in a public
3 school under s. 1003.21(1)(a)2.
4 (6) "Prekindergarten director" means an onsite person
5 ultimately responsible for the overall operation of a child
6 development provider or, alternatively, of the provider's
7 prekindergarten program, regardless of whether he or she is
8 the owner of the provider.
9 (7) "Regional child development board" or "board"
10 means a regional child development board created under s.
11 411.01.
12 1002.53 Florida Prekindergarten Education Program;
13 eligibility and enrollment.--
14 (1) There is created the Florida Prekindergarten
15 Education Program within the Department of Education. The
16 program shall take effect in each school district at the
17 beginning of the 2005-2006 school year and shall be organized,
18 designed, and delivered in accordance with s. 1(b) and (c),
19 Art. IX of the State Constitution.
20 (2) Each child who is a resident of the state who will
21 have attained the age of 4 years on or before September 1 of
22 the school year is eligible for the Florida Prekindergarten
23 Education Program during that school year. The child remains
24 eligible until the child attains kindergarten eligibility or
25 is admitted to kindergarten, whichever occurs first.
26 (3) The parent of each child eligible under subsection
27 (2) may enroll the child in either of the following programs:
28 (a) A prekindergarten program delivered by a child
29 development provider under s. 1002.55; or
30 (b) A summer prekindergarten program delivered by a
31 public school under s. 1002.61.
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2 However, a child may not be enrolled in both programs.
3 (4)(a) Each parent enrolling a child in the Florida
4 Prekindergarten Education Program must complete and submit an
5 application to the regional child development board through
6 the single point of entry established under s. 411.01.
7 (b) The application must be submitted on forms
8 prescribed by the department and must be accompanied by a
9 certified copy of the child's birth certificate. The
10 department may designate alternative methods for submitting
11 proof of the child's age in lieu of a certified copy of the
12 child's birth certificate.
13 (c) Each regional child development board shall
14 coordinate with the school districts within the county or
15 multicounty region served by the board in the development of
16 procedures for the enrollment of children in summer
17 prekindergarten programs delivered by public schools.
18 (5) The regional child development board shall provide
19 each parent enrolling a child in the Florida Prekindergarten
20 Education Program with a profile of every child development
21 provider and public school delivering the program within the
22 school district. The profiles shall be provided to parents in
23 a format prescribed by the department. The profiles must
24 include, at a minimum, the following information about each
25 provider and school:
26 (a) The provider's or school's services, curriculum,
27 teacher credentials, and teacher-to-student ratio;
28 (b) The provider's or school's kindergarten readiness
29 rate calculated in accordance with s. 1002.63(3)(c) and s.
30 1002.65, based upon the most recent available results of the
31 statewide kindergarten screening.
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1 (6)(a) A parent may enroll his or her child with any
2 child development provider that is eligible to deliver the
3 Florida Prekindergarten Education Program under this part;
4 however, a child development provider is not required to admit
5 any child. A regional child development board or the
6 department may not limit the number of students admitted by
7 any child development provider for enrollment in the program.
8 (b) A parent may enroll his or her child with any
9 public school within the school district which is eligible to
10 deliver the Florida Prekindergarten Education Program under
11 this part, subject to available space. Each school district
12 may limit the number of students admitted by any public school
13 for enrollment in the program; however, the school district
14 must provide for the admission of every eligible child within
15 the district whose parent enrolls the child in the summer
16 prekindergarten program.
17 (c) A child development provider or public school may
18 not refuse to admit a child for enrollment in the Florida
19 Prekindergarten Education Program, or otherwise discriminate
20 against a parent or child, because of the parent's or child's
21 race, color, or national origin.
22 1002.55 Prekindergarten program delivered by child
23 development providers.--
24 (1) Each regional child development board shall
25 administer the Florida Prekindergarten Education Program at
26 the county or regional level for children enrolled under s.
27 1002.53(3)(a) in a prekindergarten program delivered by a
28 child development provider.
29 (2) To be eligible to deliver the prekindergarten
30 program, a child development provider must meet all of the
31 following requirements:
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1 (a) The child development provider must be one of the
2 following types of providers:
3 1. A nonpublic school exempt from licensure under s.
4 402.3025(2) which is accredited by an accrediting agency that
5 is recognized and approved by the United States Department of
6 Education;
7 2. A child care facility licensed under s. 402.305;
8 3. A family day care home licensed under s. 402.313;
9 4. A large family child care home licensed under s.
10 402.3131; or
11 5. A religious-affiliated child care facility exempt
12 from licensure under s. 402.316 which is a member or
13 participant of, or accredited by, a state, regional, or
14 national accrediting agency for religious exemption, which
15 agency is recognized by the Department of Children and Family
16 Services as enforcing minimum accrediting standards that meet
17 or exceed the minimum licensing standards in s.
18 402.305(1)-(11), (13), (15), and (16).
19
20 The Department of Children and Family Services may adopt rules
21 under s. 120.536(1) and s. 120.54 which provide procedures for
22 the recognition of accrediting agencies under subparagraph 5.
23 (b) The child development provider must have for each
24 prekindergarten class, in accordance with the
25 teacher-to-student ratio adopted by the Legislature under
26 paragraph (4)(b), at least one teacher or child care personnel
27 who meets all of the following requirements:
28 1. The teacher or child care personnel must hold, at a
29 minimum, one of the following credentials:
30
31
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1 a. A Child Development Associate credential issued by
2 the National Credentialing Program of the Council for
3 Professional Regulation; or
4 b. A credential approved by the Department of Children
5 and Family Services as being equivalent to or greater than the
6 credential described in sub-subparagraph a.
7
8 The Department of Children and Family Services may adopt rules
9 under s. 120.536(1) and s. 120.54 which provide criteria and
10 procedures for the approval of equivalent credentials under
11 sub-subparagraph b.
12 2. The teacher or child care personnel must
13 successfully complete an emerging literacy training course
14 approved by the department as meeting or exceeding the minimum
15 standards adopted under s. 1002.59. This subparagraph does not
16 apply to a teacher or child care personnel who successfully
17 completes approved training in early literacy and language
18 development under s. 402.305(2)(d)4., s. 402.313(6), or s.
19 402.3131(5) before the establishment of the emerging literacy
20 training course under s. 1002.59 or January 1, 2005, whichever
21 occurs later.
22 (c) The child development provider must have a
23 prekindergarten director who has a prekindergarten director
24 credential that is approved by the department as meeting or
25 exceeding the minimum standards adopted under s. 1002.57. A
26 prekindergarten director who successfully completes a child
27 care facility director credential under s. 402.305(2)(f)
28 before the establishment of the prekindergarten director
29 credential under s. 1002.57 or July 1, 2005, whichever occurs
30 later, satisfies the requirement for a prekindergarten
31 director credential under this paragraph.
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1 (d) The child development provider must be licensed by
2 the Department of Children and Family Services or a local
3 licensing agency, if required under ss. 402.301-402.319.
4 (e) The child development provider must register with
5 the regional child development board on forms prescribed by
6 the department.
7 (f) The child development provider must deliver the
8 prekindergarten program in accordance with this part.
9 (3) A teacher or child care personnel, in lieu of the
10 minimum credentials and courses required under paragraph
11 (2)(b), may hold one of the following educational credentials:
12 (a) A bachelor's or higher degree in early childhood
13 education, prekindergarten or primary education, preschool
14 education, or family and consumer science;
15 (b) A bachelor's or higher degree in elementary
16 education, if the teacher or child care personnel has been
17 certified to teach children any age from birth through 6th
18 grade, regardless of whether the teaching certificate is
19 current;
20 (c) An associate's or higher degree in child
21 development;
22 (d) An associate's or higher degree in an unrelated
23 field, at least 6 credit hours in early childhood education or
24 child development, and at least 480 hours experience in
25 teaching or providing child care services for children any age
26 from birth through 8 years of age; or
27 (e) An educational credential approved by the
28 department as being equivalent to or greater than an
29 educational credential described in this subsection. The
30 department may adopt criteria and procedures for the approval
31 of equivalent educational credentials under this paragraph.
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1 (4)(a) By February 15, 2005, the department, with the
2 advice of the advisory council, shall submit recommendations
3 to the Governor and the Legislature on an appropriate
4 teacher-to-student ratio and program length for
5 prekindergarten programs delivered by child development
6 providers. The recommendations must consider the outcomes of
7 the summer prekindergarten demonstration program implemented
8 under s. 1002.61(4) and the evaluation of the demonstration
9 program conducted by the Office of Program Policy Analysis and
10 Government Accountability.
11 (b) The Legislature shall, at the 2005 Regular
12 Session:
13 1. Review the evaluation of the demonstration program
14 conducted by the Office of Program Policy Analysis and
15 Government Accountability;
16 2. Review the recommendations of the department
17 submitted under paragraph (a); and
18 3. Adopt a teacher-to-student ratio and program length
19 for prekindergarten programs delivered by child development
20 providers.
21 1002.57 Prekindergarten director credential.--
22 (1) By July 1, 2005, the department, with the advice
23 of the advisory council, shall adopt minimum standards for a
24 credential for prekindergarten directors of child development
25 providers delivering the Florida Prekindergarten Education
26 Program. The credential must encompass requirements for
27 education and onsite experience.
28 (2) The educational requirements must include training
29 in professionally accepted standards for prekindergarten
30 programs, child development, and strategies and techniques to
31 address the age-appropriate progress of prekindergarten
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1 students in attaining the performance standards adopted by the
2 department under s. 1002.63. The educational requirements must
3 also comprise training in program administration and
4 operations, including management, organizational leadership,
5 and financial and legal issues.
6 (3) The prekindergarten director credential must meet
7 or exceed the requirements of the Department of Children and
8 Family Services for the child care facility director
9 credential under s. 402.305(2)(f), and successful completion
10 of the prekindergarten director credential satisfies these
11 requirements for the child care facility director credential.
12 1002.59 Emerging literacy training course.--By January
13 1, 2005, the department, with the advice of the advisory
14 council, shall adopt minimum standards for a training course
15 in emerging literacy for teachers and child care personnel of
16 the Florida Prekindergarten Education Program. The course
17 shall comprise 5 clock hours and provide instruction in
18 strategies and techniques to address the age-appropriate
19 progress of prekindergarten students in the development of
20 emerging literacy skills, including oral communication,
21 knowledge of print and letters, and phonological or phonemic
22 awareness. The course must meet or exceed the requirements of
23 the Department of Children and Family Services for approved
24 training in early literacy and language development under ss.
25 402.305(2)(d)4., 402.313(6), and 402.3131(5), and successful
26 completion of the training course satisfies these requirements
27 for approved training.
28 1002.61 Summer prekindergarten program delivered by
29 public schools; demonstration program.--
30 (1) Each school district shall administer the Florida
31 Prekindergarten Education Program at the district level for
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1 children enrolled under s. 1002.53(3)(b) in a summer
2 prekindergarten program delivered by a public school.
3 (2) Each district school board shall determine which
4 public schools in the school district are eligible to deliver
5 the summer prekindergarten program. The school district shall
6 use educational facilities available in the public schools
7 during the summer term for the summer prekindergarten program.
8 (3) Each public school delivering the summer
9 prekindergarten program must maintain a teacher-to-student
10 ratio of at least one certified teacher for every six students
11 in the Florida Prekindergarten Education Program. As used in
12 this subsection, the term "certified teacher" means a teacher
13 holding a valid Florida teaching certificate under s. 1012.56
14 who the district school board determines to be qualified to
15 instruct students in the summer prekindergarten program.
16 (4)(a) There is created a summer prekindergarten
17 demonstration program that shall be implemented during summer
18 2004 in the Baker, Duval, Hillsborough, Martin, Miami-Dade,
19 Osceola, Palm Beach, Pasco, Santa Rosa, and Wakulla school
20 districts. The demonstration program shall implement the
21 summer prekindergarten program delivered by public schools
22 within the demonstration districts.
23 (b) The Office of Program Policy Analysis and
24 Government Accountability shall develop a research design for
25 the demonstration program which ensures that students in the
26 demonstration program are demographically representative of
27 students statewide and that the sample size is sufficient to
28 generate statistically valid conclusions. The sample must be
29 selected to ensure that the results obtained from the
30 demonstration program are applicable statewide with
31 statistical confidence.
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1 (c) Each demonstration district and demonstration
2 school shall implement the demonstration program in accordance
3 with the research design developed under paragraph (b) and, to
4 the maximum extent practicable, in accordance with this part.
5 (d) By December 1, 2004, each demonstration district
6 shall submit to the Office of Program Policy Analysis and
7 Government Accountability the results of the statewide
8 kindergarten screening administered under s. 1002.65 for
9 students who completed the summer prekindergarten
10 demonstration program.
11 (e) By January 15, 2005, the Office of Program Policy
12 Analysis and Government Accountability shall conduct an
13 evaluation of the demonstration program in consultation with
14 the Legislature. Each demonstration district shall submit data
15 about the demonstration program as requested by the Office of
16 Program Policy Analysis and Government Accountability for
17 purposes of the evaluation.
18 (f) This subsection expires July 1, 2005.
19 1002.63 Performance standards; curriculum and
20 accountability.--
21 (1) By January 1, 2005, the department, with the
22 advice of the advisory council, shall develop and adopt
23 performance standards for students in the Florida
24 Prekindergarten Education Program. The performance standards
25 must address the age-appropriate progress of students in the
26 development of:
27 (a) The capabilities, capacities, and skills required
28 under s. 1(b), Art. IX of the State Constitution; and
29 (b) Emerging literacy skills, including oral
30 communication, knowledge of print and letters, and
31 phonological or phonemic awareness.
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1 (2)(a) Each child development provider and public
2 school may select or design the curriculum that the provider
3 or school uses to implement the Florida Prekindergarten
4 Education Program, except as otherwise required for a provider
5 or school that is placed on probation under paragraph (3)(c).
6 Each child development provider's and public school's
7 curriculum must be designed to enhance the age-appropriate
8 progress of students in attaining the performance standards
9 adopted by the department under subsection (1).
10 (b) The department shall review and approve curricula
11 for use by child development providers and public schools that
12 are placed on probation under paragraph (3)(c). The department
13 shall maintain a list of the curricula approved under this
14 paragraph. Each approved curriculum must be designed:
15 1. To enhance the age-appropriate progress of students
16 in attaining the performance standards adopted by the
17 department under subsection (1); and
18 2. To prepare students to be assessed as ready for
19 kindergarten based upon the statewide kindergarten screening
20 administered under s. 1002.65.
21 (3)(a) Each regional child development board and
22 school district shall verify compliance with this part of the
23 child development providers or public schools, as applicable,
24 delivering the Florida Prekindergarten Education Program
25 within the district.
26 (b) A regional child development board or the
27 department may remove a child development provider, and a
28 school district or the department may remove a public school,
29 from eligibility to deliver the Florida Prekindergarten
30 Education Program and receive state funds for the program, if
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1 the provider or school fails or refuses to comply with this
2 part.
3 (c) Beginning with the kindergarten readiness rates
4 for students completing the Florida Prekindergarten Education
5 Program during the 2005-2006 school year who are administered
6 the statewide kindergarten screening during the 2006-2007
7 school year:
8 1. If less than 85 percent of the students in a child
9 development provider's or public school's prekindergarten
10 program are assessed as ready for kindergarten based upon the
11 statewide kindergarten screening, the regional child
12 development board or school district, as applicable, shall
13 require the provider or school to submit an improvement plan
14 for approval by the regional child development board or school
15 district, as applicable, and to implement the plan.
16 2. If a child development provider or public school
17 fails to meet the 85-percent kindergarten readiness rate for 2
18 consecutive years, the regional child development board or
19 school district, as applicable, shall place the provider or
20 school on probation and must require the provider or school to
21 take certain corrective actions, including the use of a
22 curriculum approved by the department under paragraph (2)(b).
23 3. A child development provider or public school that
24 is placed on probation must continue the corrective actions
25 required under subparagraph 2., including the use of a
26 curriculum approved by the department under paragraph (2)(b),
27 until the provider or school meets the 85-percent kindergarten
28 readiness rate, based upon results of the statewide
29 kindergarten screening administered under s. 1002.65.
30 1002.65 Statewide kindergarten screening.--
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1 (1) The department, with the advice of the advisory
2 council, shall adopt a statewide kindergarten screening that
3 assesses the readiness of each student for kindergarten based
4 upon the performance standards adopted by the department under
5 s. 1002.63(1) for the Florida Prekindergarten Education
6 Program. The department shall require that each school
7 district administer the statewide kindergarten screening to
8 every kindergarten student in the school district within 30
9 school days after the student's entry into kindergarten.
10 (2) The statewide kindergarten screening shall provide
11 objective data on each student's progress in attaining the
12 performance standards adopted by the department under s.
13 1002.63(1).
14 (3) The statewide kindergarten screening shall
15 incorporate mechanisms for recognizing potential variations in
16 kindergarten readiness rates for children with disabilities.
17 (4) Each parent who enrolls his or her child in the
18 Florida Prekindergarten Education Program must submit the
19 child for the statewide kindergarten screening, regardless of
20 whether the child is admitted to kindergarten in a public
21 school or nonpublic school. Each school district shall
22 designate public schools to administer the statewide
23 kindergarten screening for children admitted to kindergarten
24 in a nonpublic school.
25 (5)(a) During the 2004-2005 through 2006-2007 school
26 years, the department shall continue the statewide
27 administration of the Early Screening Inventory-Kindergarten
28 developmental screening instrument as the statewide
29 kindergarten screening. The department may administer
30 additional instruments but only if the instruments are
31 administered statewide. For purposes of s. 1002.63(3)(c), the
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1 Early Screening Inventory-Kindergarten developmental screening
2 instrument shall be used to calculate kindergarten readiness
3 rates.
4 (b) By January 15, 2006, the department, with the
5 advice of the advisory council, shall recommend to the
6 Legislature valid and reliable screening instruments for the
7 statewide kindergarten screening. The Legislature shall review
8 the recommendations of the department at the 2006 Regular
9 Session and shall adopt screening instruments for the
10 statewide kindergarten screening.
11 (c) Beginning with the 2006-2007 school year, the
12 department shall administer the screening instruments adopted
13 by the Legislature under paragraph (b). During the 2006-2007
14 school year, the department shall continue administration of
15 the Early Screening Inventory-Kindergarten developmental
16 screening instrument for purposes of obtaining baseline data
17 that compares the kindergarten readiness rates of the
18 instruments.
19 (d) The Legislature shall review, at the 2007 Regular
20 Session, the baseline data obtained under paragraph (c) and
21 the 85-percent kindergarten readiness rate in s.
22 1002.63(3)(c). The screening instruments adopted by the
23 Legislature under paragraph (c) shall be used to calculate the
24 kindergarten readiness rates for students completing the
25 Florida Prekindergarten Education Program during the 2006-2007
26 school year who are administered the statewide kindergarten
27 screening during the 2007-2008 school year and for subsequent
28 school years.
29 1002.67 Funding; financial and attendance reporting.--
30 (1)(a) There is created a categorical fund for the
31 Florida Prekindergarten Education Program. Categorical funds
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1 appropriated for the program shall be in addition to funds
2 appropriated based upon full-time equivalent student
3 membership in the Florida Education Finance Program.
4 (b) Each school district's allocation of funds
5 appropriated for the Florida Prekindergarten Education Program
6 shall be based upon the district's full-time equivalent
7 student membership in the prekindergarten program delivered by
8 child development providers within the district and in the
9 summer prekindergarten program delivered by public schools
10 within the district.
11 (c) The department shall annually allocate initial
12 funding for the Florida Prekindergarten Education Program
13 among the school districts according to each district's
14 estimated full-time equivalent student membership in the
15 program, based upon the estimates and forecasts of the Child
16 Development Programs Estimating Conference.
17 (d) The department shall revise and reallocate the
18 initial funding allocations according to each district's
19 full-time equivalent student membership in the program based
20 upon the membership surveys administered under subsection (3).
21 (2) A full-time equivalent student in the Florida
22 Prekindergarten Education Program shall be calculated as
23 follows:
24 (a) For a student in a prekindergarten program
25 delivered by a child development provider, in accordance with
26 the program length adopted by the Legislature under s.
27 1002.55(4)(b).
28 (b) For a student in a summer prekindergarten program
29 delivered by a public school, 300 hours.
30
31
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1 A student may not be reported for funding purposes as more
2 than one full-time equivalent student.
3 (3)(a) Each regional child development board and
4 school district shall administer membership surveys of the
5 full-time equivalent student membership in the Florida
6 Prekindergarten Education Program for each child development
7 provider or public school.
8 (b) Each regional child development board shall
9 administer the membership survey of child development
10 providers in October for the fall term, February for the
11 spring term, and June for the end-of-year or summer term. The
12 regional child development board shall report its membership
13 surveys to each school district within the county or
14 multicounty region served by the board.
15 (c) Each school district shall administer the
16 membership survey of public schools during the midweek of the
17 summer prekindergarten program. The school district shall
18 administer the survey in the same manner as the program
19 membership survey for the K-12 program under s. 1011.62(1).
20 (d) Each school district shall report to the
21 department the district's membership survey of public schools
22 and the regional child development board's membership survey
23 of child development providers.
24 (4)(a) Each regional child development board shall pay
25 child development providers monthly for the Florida
26 Prekindergarten Education Program. A child development
27 provider must, in order to receive payment, certify student
28 attendance each month to the regional child development board.
29 The regional child development board shall submit to each
30 school district within the county or multicounty region served
31
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1 by the board the certified student attendance for each child
2 development provider within the district.
3 (b) The school district shall pay the regional child
4 development board from the funds allocated to the district
5 under subsection (1) for each student in accordance with the
6 certified student attendance. The regional child development
7 board shall pay the funds to each child development provider
8 within the school district in accordance with the certified
9 student attendance.
10 (5)(a) A school district may not withhold any portion
11 of the funds paid to the regional child development board
12 under paragraph (4)(b) for administrative costs.
13 (b) A regional child development board may not
14 withhold any portion of the funds paid to a child development
15 provider under paragraph (4)(b) for administrative costs. The
16 department shall annually allocate administrative funds to
17 each regional child development board from funds provided in
18 the General Appropriations Act for that purpose. The
19 administrative funds must only be used for administration of
20 the Florida Prekindergarten Education Program. The department
21 shall allocate the administrative funds based upon each
22 regional child development board's full-time equivalent
23 student membership in the program. The amount of each regional
24 child development board's administrative funds may not exceed
25 3 percent of the funds paid by the board to child development
26 providers under paragraph (4)(b).
27 (6)(a) Each parent enrolling his or her child in the
28 Florida Prekindergarten Education Program must agree to comply
29 with the attendance policy of the child development provider
30 or district school board, as applicable. Upon enrollment of
31 the child, the child development provider or public school, as
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1 applicable, must provide the child's parent with a copy of the
2 provider's or school district's attendance policy, as
3 applicable.
4 (b) The child development provider or school district,
5 as applicable, may dismiss a student who does not comply with
6 the provider's or district's attendance policy. A student
7 dismissed under this paragraph is not removed from the Florida
8 Prekindergarten Education Program and may continue in the
9 program through reenrollment with another child development
10 provider or public school. Notwithstanding s. 1002.53(6)(b), a
11 school district is not required to provide for the admission
12 of a student dismissed under this paragraph.
13 (c) The department shall adopt procedures for
14 documenting the attendance of students in the Florida
15 Prekindergarten Education Program. The procedures must provide
16 requirements for the adjustment of a child development
17 provider's or public school's funding when a student has more
18 than five consecutive unexcused absences during a month.
19 (7) Except as otherwise expressly authorized by law, a
20 child development provider or public school may not:
21 (a) Impose or collect a fee or charge for services
22 provided for a child enrolled in the Florida Prekindergarten
23 Education Program during a period reported for funding
24 purposes under subsection (4); or
25 (b) Require a child to enroll for, or require the
26 payment of any fee or charge for, supplemental services as a
27 condition of admitting a child for enrollment in the Florida
28 Prekindergarten Education Program.
29 (8) State funds provided for the Florida
30 Prekindergarten Education Program may not be used for either:
31
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1 (a) A sectarian purpose or activity, including
2 religious worship or instruction, to the extent prohibited
3 under s. 3, Art. I of the State Constitution; or
4 (b) The transportation of students to and from the
5 program.
6
7 A parent is responsible for the transportation of his or her
8 child to and from the Florida Prekindergarten Education
9 Program, regardless of whether the program is delivered by a
10 child development provider or a public school.
11 1002.69 Department of Education; Division of Early
12 Childhood Education; powers and duties.--
13 (1) The Division of Early Childhood Education of the
14 Department of Education, under the direction of the chancellor
15 and with the advice of the advisory council, shall administer
16 the Florida Prekindergarten Education Program at the statewide
17 level. The division shall administer the powers and duties
18 assigned to the department under this part.
19 (2) The department shall adopt procedures for:
20 (a) Enrolling children in and determining the
21 eligibility of children for the Florida Prekindergarten
22 Education Program under s. 1002.53.
23 (b) Providing parents with profiles of child
24 development providers and public schools under s. 1002.53.
25 (c) Registering and determining the eligibility of
26 child development providers to deliver the program under s.
27 1002.55.
28 (d) Approving prekindergarten director credentials
29 under s. 1002.55 and s. 1002.57.
30 (e) Approving emerging literacy training courses under
31 s. 1002.55 and s. 1002.59.
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1 (f) Verifying the compliance of child development
2 providers and public schools, and removing providers or
3 schools from eligibility to deliver the program for
4 noncompliance, under s. 1002.63.
5 (g) Approving improvement plans of child development
6 providers and public schools under s. 1002.63.
7 (h) Placing child development providers and public
8 schools on probation and requiring corrective actions under s.
9 1002.63.
10 (i) Administering the statewide kindergarten screening
11 and calculating kindergarten readiness rates under s. 1002.65.
12 (j) Allocating categorical funds among school
13 districts under s. 1002.67.
14 (k) Documenting and certifying student attendance and
15 administering membership surveys under s. 1002.67.
16 (l) Reenrolling students dismissed by a child
17 development provider or public school for noncompliance with
18 the provider's or school district's attendance policy under s.
19 1002.67.
20 (m) Paying child development providers, public
21 schools, and regional child development boards under s.
22 1002.67.
23 (n) Allocating administrative funds among regional
24 child development boards under s. 1002.67.
25 (4) Except as otherwise provided by law, the
26 department does not have authority to:
27 (a) Impose requirements on a child development
28 provider that does not deliver the Florida Prekindergarten
29 Education Program or receive state funds under this part.
30 (b) Impose requirements on a regional child
31 development board which are not necessary for the
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1 administration of the Florida Prekindergarten Education
2 Program under this part.
3 (c) Administer powers and duties assigned to the
4 Agency for Workforce Innovation or a regional child
5 development board under s. 411.01.
6 1002.71 Florida Child Development Advisory Council.--
7 (1) There is created the Florida Child Development
8 Advisory Council within the Department of Education. The
9 purpose of the advisory council is to advise the Department of
10 Education and the Agency for Workforce Innovation on the child
11 development policy of this state, including advice relating to
12 administration of the Florida Prekindergarten Education
13 Program under this part and the school readiness programs
14 under s. 411.01.
15 (2) The advisory council shall be composed of the
16 following members:
17 (a) The Chancellor for Early Childhood Education.
18 (b) The Deputy Director for Child Development of the
19 Agency for Workforce Innovation.
20 (c) The director of the Child Care Services Program
21 Office of the Department of Children and Family Services.
22 (d) The director of the Division of Community Colleges
23 of the Department of Education.
24 (e) The Secretary of Health or his or her designee.
25 (f) The chair of the Child Care Executive Partnership.
26 (g) The chair or executive director of Workforce
27 Florida, Inc., or his or her designee.
28 (h) The director of the Florida Head Start-State
29 Collaboration Office.
30
31
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1 (i) A chair of a regional child development board who
2 shall be selected by the chairs of the regional child
3 development boards.
4 (j) An executive director of a regional child
5 development board who shall be selected by the executive
6 directors of the regional child development boards.
7 (k) Six members appointed by the Governor, as follows:
8 1. The chair of the advisory council and one other
9 member, who must both meet the same qualifications as
10 private-sector business members appointed to a regional child
11 development board under s. 411.01(5)(a)6.
12 2. A district superintendent of schools.
13 3. A representative of private child care providers,
14 including family day care homes.
15 4. A representative of faith-based child care
16 providers.
17 5. A representative of programs for prekindergarten
18 children with disabilities under the federal Individuals with
19 Disabilities Education Act.
20
21 The members appointed under this paragraph must be
22 geographically and demographically representative of the
23 state. The members shall be appointed to terms of 3 years
24 each, except that, to establish staggered terms, one-half of
25 the members shall be appointed to initial terms of 2 years
26 each. Appointed members may serve a maximum of two consecutive
27 terms.
28 (l) Two members appointed by and who serve at the
29 pleasure of the President of the Senate and two members
30 appointed by and who serve at the pleasure of the Speaker of
31 the House of Representatives, who must each meet the same
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1 qualifications as private-sector business members appointed to
2 a regional child development board under s. 411.01(5)(a)6.
3 (3) The advisory council shall meet at least quarterly
4 but may meet as often as necessary to carry out its duties and
5 responsibilities.
6 (4)(a) Each member of the advisory council shall serve
7 without compensation but is entitled to per diem and travel
8 expenses for attendance of council meetings as provided in s.
9 112.061.
10 (b) Each member of the advisory council is subject to
11 the ethics provisions in part III of chapter 112.
12 (c) For purposes of tort liability, each member of the
13 advisory council shall be governed by s. 768.28.
14 (5) The department shall provide staff and
15 administrative support for the advisory council.
16 1002.73 Rulemaking authority.--The State Board of
17 Education shall adopt rules under s. 120.536(1) and s. 120.54
18 to administer the provisions of this part conferring duties
19 upon the department. The state board shall adopt initial rules
20 for the Florida Prekindergarten Education Program by January
21 1, 2005.
22 Section 2. Effective July 1, 2004, section 411.01,
23 Florida Statutes, is amended to read:
24 411.01 Florida Partnership for School readiness
25 programs; regional child development boards school readiness
26 coalitions.--
27 (1) SHORT TITLE.--This section may be cited as the
28 "School Readiness Act."
29 (2) LEGISLATIVE INTENT.--
30 (a) The Legislature recognizes that school readiness
31 programs increase children's chances of achieving future
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1 educational success and becoming productive members of
2 society. It is the intent of the Legislature that the such
3 programs be developmentally appropriate, research-based,
4 involve parents as their child's first teacher, serve as
5 preventive measures for children at risk of future school
6 failure, enhance the educational readiness of eligible
7 children, and support family education. Each school readiness
8 program shall provide the elements necessary to prepare
9 at-risk children for school, including health screening and
10 referral and an appropriate educational program.
11 (b) It is the intent of the Legislature that school
12 readiness programs be operated on a full-day, year-round basis
13 to the maximum extent possible to enable parents to work and
14 become financially self-sufficient.
15 (c) It is the intent of the Legislature that school
16 readiness programs not exist as isolated programs, but build
17 upon existing services and work in cooperation with other
18 programs for young children, and that school readiness
19 programs be coordinated and funding integrated to achieve full
20 effectiveness.
21 (d) It is the intent of the Legislature that the
22 administrative staff at the state level for school readiness
23 programs be kept to the minimum necessary to administer carry
24 out the duties of the Agency for Workforce Innovation Florida
25 Partnership for School Readiness, as the school readiness
26 programs are to be regionally locally designed, operated, and
27 managed, with the Agency for Workforce Innovation Florida
28 Partnership for School Readiness adopting a system for
29 measuring school readiness; developing school readiness
30 program performance standards and, outcome measures
31 measurements, and data design and review; and approving and
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1 reviewing regional child development boards and local school
2 readiness coalitions and plans.
3 (e) It is the intent of the Legislature that
4 appropriations for combined school readiness programs shall
5 not be less than the programs would receive in any fiscal year
6 on an uncombined basis.
7 (f) It is the intent of the Legislature that the
8 school readiness program coordinate and operate in conjunction
9 with the district school systems. However, it is also the
10 intent of the Legislature that the school readiness program
11 not be construed as part of the system of free public schools
12 but rather as a separate program for children under the age of
13 kindergarten eligibility, funded separately from the system of
14 free public schools, utilizing a mandatory sliding fee scale,
15 and providing an integrated and seamless system of school
16 readiness services for the state's birth-to-kindergarten
17 population.
18 (g) It is the intent of the Legislature that the
19 federal child care income tax credit be preserved for school
20 readiness programs.
21 (h) It is the intent of the Legislature that school
22 readiness services shall be an integrated and seamless system
23 of services with a developmentally appropriate education
24 component for the state's eligible birth-to-kindergarten
25 population described in subsection (6) and shall not be
26 construed as part of the seamless K-20 education system except
27 for the administration of the uniform screening system upon
28 entry into kindergarten.
29 (3) PARENTAL PARTICIPATION IN SCHOOL READINESS
30 PROGRAMS PROGRAM.--
31
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1 (a) The school readiness program shall be phased in on
2 a coalition-by-coalition basis. Each coalition's school
3 readiness program shall have available to it funding from all
4 the coalition's early education and child care programs that
5 are funded with state, federal, lottery, or local funds,
6 including but not limited to Florida First Start programs,
7 Even-Start literacy programs, prekindergarten early
8 intervention programs, Head Start programs, programs offered
9 by public and private providers of child care, migrant
10 prekindergarten programs, Title I programs, subsidized child
11 care programs, and teen parent programs, together with any
12 additional funds appropriated or obtained for purposes of this
13 section. These programs and their funding streams shall be
14 components of the coalition's integrated school readiness
15 program, with the goal of preparing children for success in
16 school.
17 (b) Nothing contained in This section does not act is
18 intended to:
19 (a)1. Relieve parents and guardians of their own
20 obligations to prepare ready their children for school; or
21 (b)2. Create any obligation to provide publicly funded
22 school readiness programs or services beyond those authorized
23 by the Legislature.
24 (4) AGENCY FOR WORKFORCE INNOVATION FLORIDA
25 PARTNERSHIP FOR SCHOOL READINESS.--
26 (a) The Agency for Workforce Innovation shall Florida
27 Partnership for School Readiness was created to fulfill three
28 major purposes: to administer school readiness programs at the
29 statewide level and shall program services that help parents
30 prepare eligible children for school; to coordinate the
31 regional child development boards in providing provision of
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1 school readiness services on a full-day, full-year,
2 full-choice basis to the extent possible in order to enable
3 parents to work and be financially self-sufficient; and to
4 establish a uniform screening instrument to be implemented by
5 the Department of Education and administered by the school
6 districts upon entry into kindergarten to assess the readiness
7 for school of all children. Readiness for kindergarten is the
8 outcome measure of the success of each school readiness
9 program that receives state or federal funds. The partnership
10 is assigned to the Agency for Workforce Innovation for
11 administrative purposes.
12 (b) The Agency for Workforce Innovation Florida
13 Partnership for School Readiness shall:
14 1. Coordinate the birth-to-kindergarten services for
15 children who are eligible under pursuant to subsection (6) and
16 the programmatic, administrative, and fiscal standards under
17 pursuant to this section for all public providers of school
18 readiness programs.
19 2. Continue to provide unified leadership for school
20 readiness through regional child development boards local
21 school readiness coalitions.
22 3. Focus on improving the educational quality of all
23 publicly funded school readiness programs.
24 (c)1. The Florida Partnership for School Readiness
25 shall include the Lieutenant Governor, the Commissioner of
26 Education, the Secretary of Children and Family Services, and
27 the Secretary of Health, or their designees, and the chair of
28 the Child Care Executive Partnership Board, and the
29 chairperson of the Board of Directors of Workforce Florida,
30 Inc. When the Lieutenant Governor or an agency head appoints a
31 designee, the designee must be an individual who attends
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1 consistently, and, in the event that the Lieutenant Governor
2 or agency head and his or her designee both attend a meeting,
3 only one of them may vote.
4 2. The partnership shall also include 14 members of
5 the public who shall be business, community, and civic leaders
6 in the state who are not elected to public office. These
7 members and their families must not have a direct contract
8 with any local coalition to provide school readiness services.
9 The members must be geographically and demographically
10 representative of the state. Each member shall be appointed by
11 the Governor from a list of nominees submitted by the
12 President of the Senate and the Speaker of the House of
13 Representatives. By July 1, 2001, four members shall be
14 appointed as follows: two members shall be from the child care
15 industry, one representing the private for-profit sector
16 appointed by the Governor from a list of two nominees
17 submitted by the President of the Senate and one representing
18 faith-based providers appointed by the Governor from a list of
19 two nominees submitted by the Speaker of the House of
20 Representatives; and two members shall be from the business
21 community, one appointed by the Governor from a list of two
22 nominees submitted by the President of the Senate and one
23 appointed by the Governor from a list of two nominees
24 submitted by the Speaker of the House of Representatives.
25 Members shall be appointed to 4-year terms of office. The
26 members of the partnership shall elect a chairperson annually
27 from the nongovernmental members of the partnership. Any
28 vacancy on the partnership shall be filled in the same manner
29 as the original appointment.
30 (d) The partnership shall meet at least quarterly but
31 may meet as often as it deems necessary to carry out its
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1 duties and responsibilities. Members of the partnership shall
2 participate without proxy at the quarterly meetings. The
3 partnership may take official action by a majority vote of the
4 members present at any meeting at which a quorum is present.
5 (e) Members of the partnership are subject to the
6 ethics provisions in part III of chapter 112, and no member
7 may derive any financial benefit from the funds administered
8 by the Florida Partnership for School Readiness.
9 (f) Members of the partnership shall serve without
10 compensation but are entitled to reimbursement for per diem
11 and travel expenses incurred in the performance of their
12 duties as provided in s. 112.061, and reimbursement for other
13 reasonable, necessary, and actual expenses.
14 (g) For the purposes of tort liability, the members of
15 the partnership and its employees shall be governed by s.
16 768.28.
17 (h) The partnership shall appoint an executive
18 director who shall serve at the pleasure of the Governor. The
19 executive director shall perform the duties assigned to him or
20 her by the partnership. The executive director shall be
21 responsible for hiring, subject to the approval of the
22 partnership, all employees and staff members, who shall serve
23 under his or her direction and control.
24 (c)(i) For purposes of administration of the federal
25 Child Care and Development Fund, 45 C.F.R. parts 98 and 99,
26 the Agency for Workforce Innovation partnership may be
27 designated by the Governor as the lead agency, and if so
28 designated shall comply with the lead agency responsibilities
29 under pursuant to federal law.
30 (d)(j) The Agency for Workforce Innovation Florida
31 Partnership for School Readiness is the principal organization
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1 responsible for the enhancement of school readiness for the
2 state's children, and shall:
3 1. Be responsible for the prudent use of all public
4 and private funds in accordance with all legal and contractual
5 requirements.
6 2. Provide final approval and periodic review of
7 regional child development boards coalitions and school
8 readiness plans.
9 3. Provide leadership for the enhancement of school
10 readiness in this state by aggressively establishing a unified
11 approach to the state's efforts toward enhancement of school
12 readiness. In support of this effort, the Agency for Workforce
13 Innovation partnership may develop and implement specific
14 strategies that address the state's school readiness programs.
15 4. Safeguard the effective use of federal, state,
16 local, and private resources to achieve the highest possible
17 level of school readiness for the state's children in this
18 state.
19 5. Provide technical assistance to regional child
20 development boards coalitions.
21 6. Assess gaps in service.
22 7. Provide technical assistance to counties that form
23 a regional child development board serving a multicounty
24 region coalition.
25 8.a. Adopt a system for measuring school readiness
26 that provides objective data regarding the expectations for
27 school readiness, and establish a method for collecting the
28 data and guidelines for using the data. The measurement, the
29 data collection, and the use of the data must serve the
30 statewide school readiness goal. The criteria for determining
31 which data to collect should be the usefulness of the data to
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1 state policymakers and local program administrators in
2 administering programs and allocating state funds, and must
3 include the tracking of school readiness system information
4 back to individual school readiness programs to assist in
5 determining program effectiveness.
6 b. Adopt a system for evaluating the performance of
7 students through the third grade to compare the performance of
8 those who participated in school readiness programs with the
9 performance of students who did not participate in school
10 readiness programs in order to identify strategies for
11 continued successful student performance.
12 8.9. Develop and adopt, with the advice of the Florida
13 Child Development Advisory Council created under s. 1002.71
14 and the Department of Education, performance standards and
15 outcome measures for school readiness programs. The
16 performance standards must address the age-appropriate
17 progress of children in the development of the school
18 readiness skills required under paragraph (j). The Agency for
19 Workforce Innovation shall integrate the performance standards
20 for school readiness programs into the performance standards
21 adopted by the Department of Education for the Florida
22 Prekindergarten Education Program under s. 1002.63.
23 (e)(k) The Agency for Workforce Innovation partnership
24 may adopt rules under s. 120.536(1) and s. 120.54 necessary to
25 administer the provisions of law conferring duties upon the
26 agency, including, but not limited this section which relate
27 to, rules governing the preparation preparing and
28 implementation of implementing the system for school readiness
29 system, the collection of collecting data, the approval of
30 regional child development boards and approving local school
31 readiness coalitions and plans, the provision of providing a
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1 method whereby a regional child development board may
2 coalition can serve two or more counties, the award of
3 awarding incentives to regional child development boards
4 coalitions, and the issuance of issuing waivers.
5 (f)(l) The Agency for Workforce Innovation Florida
6 Partnership for School Readiness shall have all powers
7 necessary to administer carry out the purposes of this
8 section, including, but not limited to, the power to receive
9 and accept grants, loans, or advances of funds from any public
10 or private agency and to receive and accept from any source
11 contributions of money, property, labor, or any other thing of
12 value, to be held, used, and applied for the purposes of this
13 section.
14 (g) Except as otherwise provided by law, the Agency
15 for Workforce Innovation does not have authority:
16 1. To impose requirements on a child care or early
17 childhood education provider that does not deliver services
18 under a school readiness program or receive state or federal
19 funds under this section.
20 2. To administer powers and duties assigned to the
21 Department of Education or a regional child development board
22 under part V of chapter 1002.
23 (h)(m) The Agency for Workforce Innovation Florida
24 Partnership for School Readiness shall have a budget for the
25 school readiness system, which and shall be financed through
26 an annual appropriation made for purposes of this section
27 purpose in the General Appropriations Act.
28 (i)(n) The Agency for Workforce Innovation, with the
29 advice of the Florida Child Development Advisory Council,
30 partnership shall coordinate the efforts toward school
31 readiness in this state and provide independent policy
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1 analyses and recommendations to the Governor, the State Board
2 of Education, and the Legislature.
3 (j)(o) Each regional child development board's The
4 partnership shall prepare and submit to the State Board of
5 Education a system for measuring school readiness program. The
6 system must, at a minimum, enhance the age-appropriate
7 progress of each child in the development of include a uniform
8 screening, which shall provide objective data regarding the
9 following expectations for school readiness skills which shall
10 include, at a minimum:
11 1. The child's Immunizations and other health
12 requirements as necessary, including appropriate vision and
13 hearing screening and examinations.
14 2. The child's Physical development.
15 3. The child's Compliance with rules, limitations, and
16 routines.
17 4. The child's Ability to perform tasks.
18 5. The child's Interactions with adults.
19 6. The child's Interactions with peers.
20 7. The child's Ability to cope with challenges.
21 8. The child's Self-help skills.
22 9. The child's Ability to express the child's his or
23 her needs.
24 10. The child's Verbal communication skills.
25 11. The child's Problem-solving skills.
26 12. The child's Following of verbal directions.
27 13. The child's Demonstration of curiosity,
28 persistence, and exploratory behavior.
29 14. The child's Interest in books and other printed
30 materials.
31 15. The child's Paying attention to stories.
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1 16. The child's Participation in art and music
2 activities.
3 17. The child's Ability to identify colors, geometric
4 shapes, letters of the alphabet, numbers, and spatial and
5 temporal relationships.
6 (p) The partnership shall prepare a plan for
7 implementing the system for measuring school readiness in such
8 a way that all children in this state will undergo the uniform
9 screening established by the partnership when they enter
10 kindergarten. Children who enter public school for the first
11 time in first grade must undergo a uniform screening approved
12 by the partnership for use in first grade. Because children
13 with disabilities may not be able to meet all of the
14 identified expectations for school readiness, the plan for
15 measuring school readiness shall incorporate mechanisms for
16 recognizing the potential variations in expectations for
17 school readiness when serving children with disabilities and
18 shall provide for communities to serve children with
19 disabilities.
20 (k)(q) The Agency for Workforce Innovation partnership
21 shall conduct studies and planning activities related to the
22 overall improvement and effectiveness of the outcome school
23 readiness measures adopted by the agency for school readiness
24 programs.
25 (l) The Agency for Workforce Innovation, with the
26 advice of the Florida Child Development Advisory Council,
27 shall adopt and administer a quality-assurance system. The
28 Agency for Workforce Innovation shall use the
29 quality-assurance system to monitor and evaluate the
30 performance of each regional child development board in
31 administering the school readiness program and implementing
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1 the board's school readiness plan. The quality-assurance
2 system must include, at a minimum, onsite monitoring of each
3 board's finances, management, operations, and programs.
4 (m) The Agency for Workforce Innovation, with the
5 advice of the Florida Child Development Advisory Council,
6 shall identify best practices of regional child development
7 boards in order to improve the outcomes of school readiness
8 programs.
9 (r) The partnership shall establish procedures for
10 performance-based budgeting in school readiness programs.
11 (n)(s) The Agency for Workforce Innovation partnership
12 shall submit an annual report of its activities conducted
13 under this section to the Governor, the executive director of
14 the Florida Healthy Kids Corporation, the President of the
15 Senate, the Speaker of the House of Representatives, and the
16 minority leaders of both houses of the Legislature. In
17 addition, the Agency for Workforce Innovation's partnership's
18 reports and recommendations shall be made available to the
19 State Board of Education, the Florida Child Development
20 Advisory Council, other appropriate state agencies and
21 entities, district school boards, central agencies for child
22 care, and county health departments. The annual report must
23 provide an analysis of school readiness activities across the
24 state, including the number of children who were served in the
25 programs and the number of children who were ready for school.
26 (o)(t) The Agency for Workforce Innovation partnership
27 shall work with regional child development boards school
28 readiness coalitions to increase parents' training for and
29 involvement in their children's preschool education and to
30 provide family literacy activities and programs.
31
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1 To ensure that the system for measuring school readiness is
2 comprehensive and appropriate statewide, as the system is
3 developed and implemented, the partnership must consult with
4 representatives of district school systems, providers of
5 public and private child care, health care providers, large
6 and small employers, experts in education for children with
7 disabilities, and experts in child development.
8 (5) CREATION OF REGIONAL CHILD DEVELOPMENT BOARDS
9 SCHOOL READINESS COALITIONS.--
10 (a) Regional child development boards School readiness
11 coalitions.--
12 1. The Agency for Workforce Innovation, with the
13 advice of the Florida Child Development Advisory Council
14 created under s. 1002.71, shall establish the minimum number
15 of children younger than kindergarten eligibility to be served
16 by each regional child development board through the board's
17 school readiness program. The Agency for Workforce Innovation
18 may only approve school readiness plans in accordance with
19 this minimum number. The minimum number must be uniform for
20 every regional child development board and must:
21 a. Permit 30 or fewer boards to be established; and
22 b. Require each board to serve at least 1,500 children
23 younger than kindergarten eligibility as defined in s.
24 1002.51.
25
26 Each regional child development board shall be organized in
27 accordance with this subparagraph by January 1, 2005. By June
28 30, 2005, each board must complete the transfer of powers,
29 duties, functions, rules, records, personnel, property, and
30 unexpended balances of appropriations, allocations, and other
31 funds to the successor board, if applicable.
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1 2.1. If a regional child development board coalition's
2 plan would serve fewer less than 400 birth-to-kindergarten age
3 children than the minimum number established under
4 subparagraph 1., the board coalition must either join with
5 another county to form a multicounty board coalition, enter an
6 agreement with a fiscal agent to serve more than one
7 coalition, or demonstrate to the partnership its ability to
8 effectively and efficiently implement its plan as a
9 single-county coalition and meet all required performance
10 standards and outcome measures.
11 3. Each regional child development board shall be
12 composed of at least 18 members but not more than 35 members.
13 The Agency for Workforce Innovation, with the advice of the
14 Florida Child Development Advisory Council, shall adopt
15 standards establishing within this range the minimum and
16 maximum number of members that may be appointed to a regional
17 child development board. These standards shall include
18 variations for a board serving a multicounty region. Each
19 regional child development board must comply with these
20 standards.
21 4. The Governor shall appoint the chair and two other
22 members of each regional child development board, who must
23 each meet the same qualifications as private-sector business
24 members appointed by the board under subparagraph 6.
25 5.2. Each regional child development board coalition
26 shall have at least 18 but not more than 25 members and such
27 members must include the following members:
28 a. A Department of Children and Family Services
29 district administrator or his or her designee who is
30 authorized to make decisions on behalf of the department.
31
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1 b. A district superintendent of schools or his or her
2 designee who is authorized to make decisions on behalf of the
3 district.
4 c. A regional workforce development board executive
5 chair or director or his or her designee, where applicable.
6 d. A county health department director or his or her
7 designee.
8 e. A children's services council or juvenile welfare
9 board chair or executive director, if applicable.
10 f. An agency head of a local child care licensing
11 agency as defined in s. 402.302, where applicable head.
12 g. A president of a community college or his or her
13 designee.
14 g. One member appointed by a Department of Children
15 and Family Services district administrator.
16 h. One member appointed by a board of county
17 commissioners.
18 i. One member appointed by a district school board.
19 i.j. A central child care agency administrator, where
20 applicable.
21 j.k. A Head Start director.
22 k.l. A representative of private child care
23 providers,including family day care homes.
24 l.m. A representative of faith-based child care
25 providers.
26 m. A representative of a program serving children with
27 disabilities under the federal Individuals with Disabilities
28 Education Act.
29 6. Including the members appointed by the Governor
30 under subparagraph 4., more than one-third of the coalition
31 members of each regional child development board must be
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1 private-sector business members who do not have, and none of
2 whose relatives as defined in s. 112.3143 has, a substantial
3 financial interest in the design or delivery of the Florida
4 Prekindergarten Education Program created under part V of
5 chapter 1002 or the board's school readiness program from the
6 private sector, and neither they nor their families may earn
7 an income from the early education and child care industry. To
8 meet this requirement a regional child development board
9 coalition must appoint additional members from a list of
10 nominees submitted presented to the board coalition by a
11 chamber of commerce or economic development council within the
12 geographic region served by area of the board coalition. The
13 Agency for Workforce Innovation shall adopt criteria for the
14 appointment of private-sector business members. These criteria
15 must include standards for determining whether a member or
16 relative has a substantial financial interest in the design or
17 delivery of the Florida Prekindergarten Education Program or
18 the board's school readiness program.
19 7.3. A No member of a regional child development board
20 coalition may not appoint a designee to act in his or her
21 place. A member may send a representative to board coalition
22 meetings, but that representative does not will have no voting
23 privileges. When a district superintendent of schools or a
24 district administrator for the Department of Children and
25 Family Services appoints a designee to a regional child
26 development board school readiness coalition, the designee is
27 will be the voting member of the board coalition, and any
28 individual attending in the designee's his or her place,
29 including the district administrator or superintendent, does
30 not will have no voting privileges.
31
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1 8.4. Each member Members of a regional child
2 development board is the coalition are subject to s. 112.313,
3 s. 112.3135, and s. 112.3143 the ethics provisions in part III
4 of chapter 112. For purposes of s. 112.3143(3)(a), each member
5 is a local public officer who must abstain from voting when a
6 voting conflict exists.
7 9.5. For the purposes of tort liability, each member
8 or employee of a regional child development board the members
9 of the school readiness coalition and its employees shall be
10 governed by s. 768.28.
11 10.6. A regional child development board serving a
12 multicounty region coalitions shall include representation
13 from each county.
14 11.7. Each regional child development board shall
15 establish The terms for of all appointed members of the board.
16 The terms coalition must be staggered and must be a uniform
17 length that does not exceed 4 years per term. Appointed
18 members may serve a maximum of two consecutive terms. When a
19 vacancy occurs in an appointed position, the board coalition
20 must advertise the vacancy.
21 (b) Program participation.--The school readiness
22 program shall be established for children younger than those
23 eligible for from birth to 5 years of age or until the child
24 enters kindergarten as defined in s. 1002.51. The program
25 shall be administered by the regional child development board
26 school readiness coalition. Within funding limitations, the
27 regional child development board school readiness coalition,
28 along with all providers, shall make reasonable efforts to
29 accommodate the needs of children for extended-day and
30 extended-year services without compromising the quality of the
31 program.
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1 (c) Program expectations.--
2 1. The school readiness program must meet the
3 following expectations:
4 a. The program must, at a minimum, enhance the
5 age-appropriate progress of each child in the development of
6 the school readiness skills required under paragraph (4)(j)
7 prepare preschool children to enter kindergarten ready to
8 learn, as measured by the performance standards and outcome
9 measures adopted criteria established by the Agency for
10 Workforce Innovation Florida Partnership for School Readiness.
11 b. The program must provide extended-day and
12 extended-year services to the maximum extent possible to meet
13 the needs of parents who work.
14 c. There must be coordinated staff development and
15 teaching opportunities.
16 d. There must be expanded access to community services
17 and resources for families to help achieve economic
18 self-sufficiency.
19 e. There must be a single point of entry and unified
20 waiting list. As used in this sub-subparagraph, the term
21 "single point of entry" means an integrated information system
22 that allows a parent to enroll his or her child in the school
23 readiness program at various locations throughout the county
24 or multicounty region served by a regional child development
25 board, that may allow a parent to enroll his or her child by
26 telephone or through an Internet website, and that uses a
27 unified waiting list to track eligible children waiting for
28 enrollment in the school readiness program. The Agency for
29 Workforce Innovation shall establish a single statewide
30 information system that integrates each regional child
31
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1 development board's single point of entry, and each board must
2 use the statewide system.
3 f. The Agency for Workforce Innovation must consider
4 the access of eligible children to the school readiness
5 program, as demonstrated in part by waiting lists, before
6 approving a proposed increase in payment rates submitted by a
7 regional child development board.
8 f. As long as funding or eligible populations do not
9 decrease, the program must serve at least as many children as
10 were served prior to implementation of the program.
11 g. There must be a community plan to address the needs
12 of all eligible children.
13 h. The program must meet all state licensing
14 guidelines, where applicable.
15 2. The regional child development board school
16 readiness coalition must implement a comprehensive program of
17 school readiness services that enhance the cognitive, social,
18 and physical development of children to achieve the
19 performance standards and outcome measures adopted specified
20 by the Agency for Workforce Innovation partnership. At a
21 minimum, these programs must contain the following elements:
22 a. Developmentally appropriate curriculum designed to
23 enhance the age-appropriate progress of children in attaining
24 the performance standards adopted by the Agency for Workforce
25 Innovation under subparagraph (4)(d)8.
26 b. A character development program to develop basic
27 values.
28 c. An age-appropriate assessment of each child's
29 development.
30
31
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1 d. A pretest administered to children when they enter
2 a program and a posttest administered to children when they
3 leave the program.
4 e. An appropriate staff-to-children staff-to-child
5 ratio.
6 f. A healthy healthful and safe environment.
7 g. A resource and referral network to assist parents
8 in making an informed choice.
9 (d) Implementation.--
10 1. A regional child development board may not
11 implement the school readiness program is to be phased in.
12 until the board is authorized coalition implements its plan,
13 the county shall continue to receive the services identified
14 in subsection (3) through the various agencies that would be
15 responsible for delivering those services under current law.
16 Plan implementation is subject to approval of the board's
17 school readiness coalition and the plan by the Agency for
18 Workforce Innovation Florida Partnership for School Readiness.
19 2. Each regional child development board school
20 readiness coalition shall develop a plan for implementing the
21 school readiness program to meet the requirements of this
22 section and the performance standards and outcome measures
23 adopted established by the Agency for Workforce Innovation
24 partnership. The plan must include a written description of
25 the role of the program in the coalition's effort to meet the
26 first state education goal, readiness to start school,
27 including a description of the plan to involve the
28 prekindergarten early intervention programs, Head Start
29 Programs, programs offered by public or private providers of
30 child care, preschool programs for children with disabilities,
31 programs for migrant children, Title I programs, subsidized
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1 child care programs, and teen parent programs. The plan must
2 also demonstrate how the program will ensure that each
3 3-year-old and 4-year-old child in a publicly funded school
4 readiness program receives scheduled activities and
5 instruction designed to enhance the age-appropriate progress
6 of the prepare children in attaining the performance standards
7 adopted by the Agency for Workforce Innovation under
8 subparagraph (4)(d)8 to enter kindergarten ready to learn.
9 Before Prior to implementation of the school readiness
10 program, the regional child development board school readiness
11 coalition must submit the plan to the Agency for Workforce
12 Innovation partnership for approval. The Agency for Workforce
13 Innovation partnership may approve the plan, reject the plan,
14 or approve the plan with conditions. The Agency for Workforce
15 Innovation Florida Partnership for School Readiness shall
16 review school readiness coalition plans at least annually.
17 3. If the Agency for Workforce Innovation determines
18 during the annual review of school readiness plans, or through
19 monitoring and performance evaluations conducted under the
20 quality-assurance system, that a regional child development
21 board has not substantially implemented its plan or has not
22 substantially met the performance standards and outcome
23 measures adopted by the agency, the Agency for Workforce
24 Innovation may reject the board's plan and contract with a
25 qualified entity to continue school readiness services in the
26 board's county or multicounty region until the board is
27 reestablished through resubmission of a school readiness plan
28 and approval by the agency.
29 4.3. The Agency for Workforce Innovation, with the
30 advice of the Florida Child Development Advisory Council,
31 shall adopt criteria for the approval of school readiness
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1 plans. The criteria must be consistent with the performance
2 standards and outcome measures adopted by the agency and must
3 require each approved plan to for the school readiness program
4 must include the following minimum standards and provisions:
5 a. A sliding fee scale establishing a copayment for
6 parents based upon their ability to pay, which is the same for
7 all program providers, to be implemented and reflected in each
8 program's budget.
9 b. A choice of settings and locations in licensed,
10 registered, religious-exempt, or school-based programs to be
11 provided to parents.
12 c. Instructional staff who have completed the training
13 course as required in s. 402.305(2)(d)1., as well as staff who
14 have additional training or credentials as required by the
15 Agency for Workforce Innovation partnership. The plan must
16 provide a method for assuring the qualifications of all
17 personnel in all program settings.
18 d. Specific eligibility priorities for children within
19 the regional child development board's coalition's county or
20 multicounty region in accordance with pursuant to subsection
21 (6).
22 e. Performance standards and outcome measures adopted
23 established by the Agency for Workforce Innovation partnership
24 or alternatively, standards and outcome measures to be used
25 until such time as the partnership adopts such standards and
26 outcome measures.
27 f. Payment Reimbursement rates adopted that have been
28 developed by the regional child development board and approved
29 by the Agency for Workforce Innovation coalition. Payment
30 Reimbursement rates shall not have the effect of limiting
31
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1 parental choice or creating standards or levels of services
2 that have not been authorized by the Legislature.
3 g. Systems support services, including a central
4 agency, child care resource and referral, eligibility
5 determinations, training of providers, and parent support and
6 involvement.
7 h. Direct enhancement services to families and
8 children. System support and direct enhancement services shall
9 be in addition to payments for the placement of children in
10 school readiness programs.
11 i. The A business organization of the regional child
12 development board plan, which must include the board's
13 articles of incorporation and bylaws if the board is organized
14 as a corporation. If the board is not organized as a
15 corporation or other business entity, the plan must include
16 the contract with a fiscal school readiness agent if the
17 coalition is not a legally established corporate entity. A
18 regional child development board Coalitions may contract with
19 other regional child development boards coalitions to achieve
20 efficiency in multicounty multiple-county services, and these
21 such contracts may be part of the board's school readiness
22 coalition's business plan.
23 j. Strategies to meet the needs of unique populations,
24 such as migrant workers.
25
26 As part of the school readiness plan, the regional child
27 development board coalition may request the Governor to apply
28 for a waiver to allow the board coalition to administer the
29 Head Start Program to accomplish the purposes of the school
30 readiness program. If a any school readiness plan
31 demonstrates can demonstrate that specific statutory goals may
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1 can be achieved more effectively by using procedures that
2 require modification of existing rules, policies, or
3 procedures, a request for a waiver to the Agency for Workforce
4 Innovation partnership may be submitted made as part of the
5 plan. Upon review, the Agency for Workforce Innovation
6 partnership may grant the proposed modification.
7 5.4. Persons with an early childhood teaching
8 certificate may provide support and supervision to other staff
9 in the school readiness program.
10 6.5. A regional child development board The coalition
11 may not implement its school readiness plan until the board it
12 submits the plan to and receives approval from the Agency for
13 Workforce Innovation partnership. Once the plan is has been
14 approved, the plan and the services provided under the plan
15 shall be controlled by the regional child development board
16 coalition rather than by the state agencies or departments.
17 The plan shall be reviewed and revised as necessary, but at
18 least biennially. A regional child development board may not
19 implement the revisions until the board submits the revised
20 plan to and receives approval from the Agency for Workforce
21 Innovation. If the Agency for Workforce Innovation rejects a
22 revised plan, the board must continue to operate under its
23 prior approved plan.
24 7.6. Sections The following statutes will not apply to
25 local coalitions with approved plans: ss. 125.901(2)(a)3.,
26 411.221, and 411.232 do not apply to a regional child
27 development board with an approved school readiness plan. To
28 facilitate innovative practices and to allow the regional
29 local establishment of school readiness programs, a regional
30 child development board school readiness coalition may apply
31 to the Governor and Cabinet for a waiver of, and the Governor
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1 and Cabinet may waive, any of the provisions of ss. 411.223,
2 411.232, and 1003.54, if the waiver is necessary for
3 implementation of the board's coalition's school readiness
4 plan.
5 8.7. Two or more counties may join for purposes the
6 purpose of planning and implementing a school readiness
7 program.
8 9.8. A regional child development board coalition may,
9 subject to approval by of the Agency for Workforce Innovation
10 partnership as part of the board's school readiness
11 coalition's plan, receive subsidized child care funds for all
12 children eligible for any federal subsidized child care
13 program and be the provider of the program services.
14 10.9. A regional child development board may
15 Coalitions are authorized to enter into multiparty contracts
16 with multicounty service providers in order to meet the needs
17 of unique populations such as migrant workers.
18 (e) Requests for proposals; payment schedule.--
19 1. At least once every 3 years, beginning July 1,
20 2001, Each regional child development board coalition must
21 comply with follow the competitive procurement requirements of
22 s. 287.057 for the procurement of commodities or contractual
23 services from the funds described in paragraph (9)(d) school
24 readiness programs. The period of a contract for purchase of
25 these commodities or contractual services, together with any
26 renewal of the original contract, may not exceed 3 years.
27 2. Each regional child development board coalition
28 shall adopt develop a payment schedule that encompasses all
29 programs funded by the board under this section that
30 coalition. The payment schedule must take into consideration
31 the relevant market rate, must include the projected number of
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1 children to be served, and must be submitted for approval by
2 to the Agency for Workforce Innovation partnership for
3 information. Informal child care arrangements shall be
4 reimbursed at not more than 50 percent of the rate developed
5 for a family day care home childcare.
6 (f) Requirements relating to fiscal agents.--If a
7 regional child development board the local coalition is not a
8 legally organized as a corporation or other business
9 established corporate entity, the board coalition must
10 designate a fiscal agent, which may be a public entity or a
11 private nonprofit organization. The fiscal agent must shall be
12 required to provide financial and administrative services
13 under pursuant to a contract or agreement with the regional
14 child development board school readiness coalition. The fiscal
15 agent may not provide direct early childhood education or
16 child care services; however, a fiscal agent may provide those
17 such services upon written request of the regional child
18 development board coalition to the Agency for Workforce
19 Innovation partnership and upon the approval of the such
20 request by the agency partnership. The cost of the financial
21 and administrative services shall be negotiated between the
22 fiscal agent and the regional child development board school
23 readiness coalition. If the fiscal agent is a provider of
24 early childhood education and child care programs, the
25 contract must specify that the fiscal agent shall will act on
26 policy direction from the regional child development board
27 coalition and must will not receive policy direction from its
28 own corporate board regarding disbursal of the regional child
29 development board's coalition funds. The fiscal agent shall
30 disburse funds in accordance with the regional child
31 development board's approved coalition school readiness plan
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1 and based on billing and disbursement procedures approved by
2 the Agency for Workforce Innovation partnership. The fiscal
3 agent must conform to all data-reporting requirements
4 established by the Agency for Workforce Innovation
5 partnership.
6 (g) Evaluation and annual report.--Each regional child
7 development board school readiness coalition shall conduct an
8 evaluation of the effectiveness of the school readiness
9 program, including performance standards and outcome measures,
10 and shall provide an annual report and fiscal statement to the
11 Agency for Workforce Innovation Florida Partnership for School
12 Readiness. This report must conform to the content and format
13 specifications set by the Agency for Workforce Innovation
14 Florida Partnership for School Readiness. The Agency for
15 Workforce Innovation partnership must include an analysis of
16 the regional child development board's coalition reports in
17 the agency's its annual report.
18 (6) PROGRAM ELIGIBILITY.--Each regional child
19 development board's The school readiness program shall be
20 established for children younger than those eligible for under
21 the age of kindergarten as defined in s. 1002.51 eligibility.
22 Priority for participation in the school readiness program
23 shall be given to children age 3 years to school entry who are
24 served by the Family Safety Program Office of the Department
25 of Children and Family Services or a community-based lead
26 agency under pursuant to chapter 39 and for whom child care is
27 needed to minimize risk of further abuse, neglect, or
28 abandonment. Other eligible populations include children who
29 meet one or more of the following criteria:
30 (a) Children under the age of kindergarten eligibility
31 who are:
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1 1. Children determined to be at risk of abuse,
2 neglect, or exploitation who are currently clients of the
3 Family Safety Program Office of the Department of Children and
4 Family Services, but who are not otherwise given priority
5 under this subsection.
6 2.1. Children at risk of welfare dependency, including
7 economically disadvantaged children, children of participants
8 in the welfare transition program, children of migrant
9 farmworkers, and children of teen parents.
10 3.2. Children of working families whose family income
11 does not exceed 150 percent of the federal poverty level.
12 4.3. Children for whom the state is paying a relative
13 caregiver payment under s. 39.5085.
14 (b) Three-year-old children and 4-year-old children
15 who may not be economically disadvantaged but who have
16 disabilities, have been served in a specific part-time or
17 combination of part-time exceptional education programs with
18 required special services, aids, or equipment, and were
19 previously reported for funding part time with the Florida
20 Education Finance Program as exceptional students.
21 (c) Economically disadvantaged children, children with
22 disabilities, and children at risk of future school failure,
23 from birth to 4 years of age, who are served at home through
24 home visitor programs and intensive parent education programs
25 such as the Florida First Start Program.
26 (d) Children who meet federal and state eligibility
27 requirements for eligibility for the migrant preschool program
28 but who do not meet the criteria of economically
29 disadvantaged.
30
31
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1 As used in this subsection, the term An "economically
2 disadvantaged" child means a child whose family income does
3 not exceed is below 150 percent of the federal poverty level.
4 Notwithstanding any change in a family's economic status, but
5 subject to additional family contributions in accordance with
6 the sliding fee scale, a child who meets the eligibility
7 requirements upon initial registration for the program remains
8 shall be considered eligible until the child reaches
9 kindergarten eligibility as defined in s. 1002.51 age.
10 (7) PARENTAL CHOICE.--
11 (a) The school readiness program shall provide
12 parental choice through pursuant to a purchase service order
13 that ensures, to the maximum extent possible, flexibility in
14 school readiness programs and payment arrangements. According
15 to federal regulations requiring parental choice, a parent may
16 choose an informal child care arrangement. The purchase order
17 must bear the name of the beneficiary and the program provider
18 and, when redeemed, must bear the signature of both the
19 beneficiary and an authorized representative of the provider.
20 (b) If it is determined that a provider has provided
21 any cash to the beneficiary in return for receiving the
22 purchase order, the regional child development board coalition
23 or its fiscal agent shall refer the matter to the Division of
24 Public Assistance Fraud for investigation.
25 (c) The office of the Chief Financial Officer shall
26 establish an electronic transfer system for the disbursement
27 of funds in accordance with this subsection. Each regional
28 child development board School readiness coalitions shall
29 fully implement the electronic funds transfer system within 2
30 years after plan approval of the board's school readiness
31
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1 plan, unless a waiver is obtained from the Agency for
2 Workforce Innovation partnership.
3 (8) STANDARDS; OUTCOME MEASURES.--All publicly funded
4 school readiness programs must shall be required to meet the
5 performance standards and outcome measures adopted developed
6 and approved by the Agency for Workforce Innovation
7 partnership. The Agency for Workforce Innovation shall consult
8 with the Office of Program Policy Analysis and Government
9 Accountability shall provide consultation to the partnership
10 in the development of the measures and standards. These
11 performance standards and outcome measures shall apply be
12 applicable on a statewide basis.
13 (9) FUNDING; SCHOOL READINESS PROGRAM.--
14 (a) It is the intent of this section to establish an
15 integrated and quality seamless service delivery system for
16 all publicly funded early childhood education and child care
17 programs operating in this state.
18 (b) Notwithstanding s. 20.50:
19 1. The Agency for Workforce Innovation shall
20 administer school readiness funds, plans, and policies
21 pursuant to the contract with the Florida Partnership for
22 School Readiness and shall prepare and submit a unified budget
23 request for the school readiness system program in accordance
24 with chapter 216.
25 2. All instructions to regional child development
26 boards for the administration of this section local school
27 readiness coalitions shall emanate from the Agency for
28 Workforce Innovation in accordance with the pursuant to
29 policies of the Legislature, plans of the Florida Partnership
30 for School Readiness, and the contract between the Florida
31 Partnership for School Readiness and the agency.
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1 (c) The Agency for Workforce Innovation shall adopt
2 prepare a formula plan that provides for the allocation among
3 the regional child development boards distribution and
4 expenditure of all state and federal school readiness funds
5 for children participating in public or private school
6 readiness programs based upon an equity and performance
7 funding formula. The allocation formula must plan shall be
8 submitted to the Governor and the Legislative Budget
9 Commission. Upon approval, the Legislative Budget Commission
10 shall authorize the allocation transfer of funds by to the
11 Agency for Workforce Innovation for distribution in accordance
12 with the provisions of the allocation formula.
13 (d) All state funds budgeted for a county for the
14 programs specified in subsection (3), along with the pro rata
15 share of the state administrative costs of those programs in
16 the amount as determined by the partnership, all federal,
17 funds and required local maintenance-of-effort or matching
18 funds provided to a regional child development board for a
19 county for programs specified in subsection (3), and any
20 additional funds appropriated or obtained for purposes of this
21 section, shall be used by transferred for the benefit of the
22 board coalition for implementation of its school readiness
23 plan, including the hiring of staff to effectively operate the
24 board's coalition's school readiness program. As part of plan
25 approval and periodic plan review, the Agency for Workforce
26 Innovation partnership shall require that administrative costs
27 be kept to the minimum necessary for efficient and effective
28 administration of the school readiness plan, but total
29 administrative expenditures must shall not exceed 5 percent
30 unless specifically waived by the Agency for Workforce
31 Innovation partnership. The Agency for Workforce Innovation
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1 partnership shall annually report to the Legislature any
2 problems relating to administrative costs.
3 (e) The Agency for Workforce Innovation partnership
4 shall annually distribute, to a maximum extent practicable,
5 all eligible funds provided under this section as block grants
6 to the regional child development boards. assist coalitions in
7 integrating services and funding to develop a quality service
8 delivery system. Subject to appropriation, the partnership may
9 also provide financial awards to coalitions demonstrating
10 success in merging and integrating funding streams to serve
11 children and school readiness programs.
12 (f) State funds appropriated for the school readiness
13 program may not be used for the construction of new facilities
14 or the purchase of buses. The Agency for Workforce Innovation
15 partnership shall present to the Legislature recommendations
16 for providing necessary transportation services for school
17 readiness programs.
18 (g) All cost savings and all revenues received through
19 a mandatory sliding fee scale shall be used to help fund each
20 regional child development board's the local school readiness
21 program.
22 (10) SCHOOL READINESS UNIFORM SCREENING.--The
23 Department of Education shall implement a school readiness
24 uniform screening, including a pilot program during the
25 2001-2002 school year, to validate the system recommended by
26 the Florida Partnership for School Readiness as part of a
27 comprehensive evaluation design. Beginning with the 2002-2003
28 school year, the department shall require that all school
29 districts administer the school readiness uniform screening to
30 each kindergarten student in the district school system upon
31 the student's entry into kindergarten. Children who enter
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1 public school for the first time in first grade must undergo a
2 uniform screening adopted for use in first grade. The
3 department shall incorporate school readiness data into the
4 K-20 data warehouse for longitudinal tracking. Notwithstanding
5 s. 1002.22, the department shall provide the partnership and
6 the Agency for Workforce Innovation with complete and full
7 access to kindergarten uniform screening data at the student,
8 school, district, and state levels in a format that will
9 enable the partnership and the agency to prepare reports
10 needed by state policymakers and local school readiness
11 coalitions to access progress toward school readiness goals
12 and provide input for continuous improvement of local school
13 readiness services and programs.
14 (11) REPORTS.--The Office of Program Policy Analysis
15 and Government Accountability shall assess the implementation,
16 efficiency, and outcomes of the school readiness program and
17 report its findings to the President of the Senate and the
18 Speaker of the House of Representatives by January 1, 2002.
19 Subsequent reviews shall be conducted at the direction of the
20 Joint Legislative Auditing Committee.
21 (10)(12) CONFLICTING PROVISIONS.--In the event of a
22 conflict between the provisions of this section and federal
23 requirements, the federal requirements shall control.
24 (11)(13) PLACEMENTS.--Notwithstanding any other
25 provision of this section to the contrary, and for fiscal year
26 2003-2004 only, the first children to be placed in the school
27 readiness program shall be those from families receiving
28 temporary cash assistance and subject to federal work
29 requirements. Subsequent placements shall be made in
30 accordance with subsection (6) pursuant to the provisions of
31 this section. This subsection expires July 1, 2004.
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1 Section 3. Effective July 1, 2004, paragraph (a) of
2 subsection (3) of section 11.45, Florida Statutes, is amended
3 to read:
4 11.45 Definitions; duties; authorities; reports;
5 rules.--
6 (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.--
7 (a) The Auditor General may, by pursuant to his or her
8 own authority, or at the direction of the Legislative Auditing
9 Committee, conduct audits or other engagements as determined
10 appropriate by the Auditor General of:
11 1. The accounts and records of any governmental entity
12 created or established by law.
13 2. The information technology programs, activities,
14 functions, or systems of any governmental entity created or
15 established by law.
16 3. The accounts and records of any charter school
17 created or established by law.
18 4. The accounts and records of any direct-support
19 organization or citizen support organization created or
20 established by law. The Auditor General may is authorized to
21 require and receive any records from the direct-support
22 organization or citizen support organization, or from its
23 independent auditor.
24 5. The public records associated with any
25 appropriation made by the General Appropriations Act to a
26 nongovernmental agency, corporation, or person. All records of
27 a nongovernmental agency, corporation, or person for with
28 respect to the receipt and expenditure of the such an
29 appropriation are shall be public records and shall be treated
30 in the same manner as other public records are under general
31 law.
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1 6. State financial assistance provided to any nonstate
2 entity.
3 7. The Tobacco Settlement Financing Corporation
4 created under pursuant to s. 215.56005.
5 8. The Florida Virtual School created pursuant to s.
6 1002.37.
7 9. Any purchases of federal surplus lands for use as
8 sites for correctional facilities as described in s. 253.037.
9 10. Enterprise Florida, Inc., including any of its
10 boards, advisory committees, or similar groups created by
11 Enterprise Florida, Inc., and programs. The audit report may
12 not reveal the identity of any person who has anonymously made
13 a donation to Enterprise Florida, Inc., under pursuant to this
14 subparagraph. The identity of a donor or prospective donor to
15 Enterprise Florida, Inc., who desires to remain anonymous and
16 all information identifying the such donor or prospective
17 donor are confidential and exempt from the provisions of s.
18 119.07(1) and s. 24(a), Art. I of the State Constitution. The
19 Such anonymity shall be maintained in the auditor's report.
20 11. The Florida Development Finance Corporation or the
21 capital development board or the programs or entities created
22 by the board. The audit or report may not reveal the identity
23 of any person who has anonymously made a donation to the board
24 under pursuant to this subparagraph. The identity of a donor
25 or prospective donor to the board who desires to remain
26 anonymous and all information identifying the such donor or
27 prospective donor are confidential and exempt from the
28 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
29 Constitution. The Such anonymity shall be maintained in the
30 auditor's report.
31
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1 12. The records pertaining to the use of funds from
2 voluntary contributions on a motor vehicle registration
3 application or on a driver's license application authorized
4 under pursuant to ss. 320.023 and 322.081.
5 13. The records pertaining to the use of funds from
6 the sale of specialty license plates described in chapter 320.
7 14. The transportation corporations under contract
8 with the Department of Transportation that are acting on
9 behalf of the state to secure and obtain rights-of-way for
10 urgently needed transportation systems and to assist in the
11 planning and design of the such systems under pursuant to ss.
12 339.401-339.421.
13 15. The acquisitions and divestitures related to the
14 Florida Communities Trust Program created under pursuant to
15 chapter 380.
16 16. The Florida Water Pollution Control Financing
17 Corporation created under pursuant to s. 403.1837.
18 17. The school readiness system, including the
19 regional child development boards, Florida Partnership for
20 School Readiness created under pursuant to s. 411.01.
21 18. The Florida Special Disability Trust Fund
22 Financing Corporation created under pursuant to s. 440.49.
23 19. Workforce Florida, Inc., or the programs or
24 entities created by Workforce Florida, Inc., created under
25 pursuant to s. 445.004.
26 20. The corporation defined in s. 455.32 which that is
27 under contract with the Department of Business and
28 Professional Regulation to provide administrative,
29 investigative, examination, licensing, and prosecutorial
30 support services in accordance with the provisions of s.
31 455.32 and the practice act of the relevant profession.
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1 21. The Florida Engineers Management Corporation
2 created under pursuant to chapter 471.
3 22. The Investment Fraud Restoration Financing
4 Corporation created under pursuant to chapter 517.
5 23. The books and records of any permitholder that
6 conducts race meetings or jai alai exhibitions under chapter
7 550.
8 24. The corporation defined in part II of chapter 946,
9 cited known as the Prison Rehabilitative Industries and
10 Diversified Enterprises, Inc., or PRIDE Enterprises.
11 Section 4. Subsections (3) and (6) of section 20.15,
12 Florida Statutes, are amended to read:
13 20.15 Department of Education.--There is created a
14 Department of Education.
15 (3) DIVISIONS.--The following divisions of the
16 Department of Education are established:
17 (a) Division of Community Colleges.
18 (b) Division of Public Schools.
19 (c) Division of Colleges and Universities.
20 (d) Division of Vocational Rehabilitation.
21 (e) Division of Blind Services.
22 (f) Division of Early Childhood Education.
23 (6) COUNCILS AND COMMITTEES.--Notwithstanding any
24 anything contained in law to the contrary, the commissioner
25 shall appoint all members of all councils and committees of
26 the Department of Education, except for the Commission for
27 Independent Education, and the Education Practices Commission,
28 and the Florida Child Development Advisory Council.
29 Section 5. Effective July 1, 2004, subsection (2) of
30 section 20.50, Florida Statutes, is amended to read:
31
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1 20.50 Agency for Workforce Innovation.--There is
2 created the Agency for Workforce Innovation within the
3 Department of Management Services. The agency shall be a
4 separate budget entity, and the director of the agency shall
5 be the agency head for all purposes. The agency shall not be
6 subject to control, supervision, or direction by the
7 Department of Management Services in any manner, including,
8 but not limited to, personnel, purchasing, transactions
9 involving real or personal property, and budgetary matters.
10 (2) The Agency for Workforce Innovation is shall be
11 the designated administrative agency designated for receipt of
12 federal workforce development grants and other federal funds.
13 The agency, and shall administer carry out the duties and
14 responsibilities assigned by the Governor under each federal
15 grant assigned to the agency. The agency shall be a separate
16 budget entity and shall expend each revenue source as provided
17 by federal and state law and as provided in plans developed by
18 and agreements with Workforce Florida, Inc. The agency shall
19 prepare and submit as a separate budget entity a unified
20 budget request for workforce development, in accordance with
21 chapter 216 for, and in conjunction with, Workforce Florida,
22 Inc., and its board. The head of the agency is the director of
23 Workforce Innovation, who shall be appointed by the Governor.
24 The accountability and reporting functions of the agency shall
25 be administered by the director or his or her designee.
26 Included in These functions shall include are budget
27 management, financial management, audit, performance
28 management standards and controls, assessing outcomes of
29 service delivery, and financial administration of workforce
30 programs under pursuant to s. 445.004(5) and (9). Within the
31 agency's overall organizational structure, The agency shall
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1 include the following offices within its organizational
2 structure, which shall have the specified responsibilities:
3 (a) The Office of Workforce Services shall administer
4 the unemployment compensation program, the Rapid Response
5 program, the Work Opportunity Tax Credit program, the Alien
6 Labor Certification program, and any other programs that are
7 delivered directly by agency staff rather than through the
8 one-stop delivery system. The office shall be directed by the
9 Deputy Director for Workforce Services, who shall be appointed
10 by and serve at the pleasure of the director.
11 (b) The Office of Program Support and Accountability
12 shall administer state merit system program staff within the
13 workforce service delivery system, under the pursuant to
14 policies of Workforce Florida, Inc. The office is shall be
15 responsible for delivering services through the one-stop
16 delivery system and for ensuring that participants in welfare
17 transition programs receive case management services,
18 diversion assistance, support services, including subsidized
19 child care and transportation services, Medicaid services, and
20 transition assistance to enable them to succeed in the
21 workforce. The office is shall also be responsible for program
22 quality assurance, grants and contract management,
23 contracting, financial management, and reporting. The office
24 shall be directed by the Deputy Director for Program Support
25 and Accountability, who shall be appointed by and serve at the
26 pleasure of the director. The office is shall be responsible
27 for:
28 1. Establishing monitoring, quality assurance, and
29 quality improvement systems that routinely assess the quality
30 and effectiveness of contracted programs and services.
31
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1 2. Annual review of each regional workforce board and
2 administrative entity to ensure that adequate systems of
3 reporting and control are in place; that, and monitoring,
4 quality assurance, and quality improvement activities are
5 conducted routinely;, and that corrective action is taken to
6 eliminate deficiencies.
7 (c) The Office of Child Development shall administer
8 the school readiness system in accordance with s. 411.01. The
9 office shall be directed by the Deputy Director for Child
10 Development, who shall be appointed by and serve at the
11 pleasure of the director.
12 (d)(c) The Office of Agency Support Services is shall
13 be responsible for procurement, human resource services, and
14 information services including delivering information on labor
15 markets, employment, occupations, and performance, and shall
16 implement and maintain information systems that are required
17 for the effective operation of the one-stop delivery system
18 and the school readiness services system, including, but not
19 limited to, those systems described in s. 445.009. The office
20 shall will be directed by under the direction of the Deputy
21 Director for Agency Support Services, who shall be appointed
22 by and serve at the pleasure of the director. The office is
23 shall be responsible for establishing:
24 1. Information systems and controls that report
25 reliable, timely and accurate fiscal and performance data for
26 assessing outcomes, service delivery, and financial
27 administration of workforce programs under pursuant to s.
28 445.004(5) and (9).
29 2. Information systems that support service
30 integration and case management by providing for case tracking
31 for participants in welfare transition programs.
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1 3. Information systems that support the school
2 readiness system services.
3 (e)(d) The Unemployment Appeals Commission, authorized
4 by s. 443.012, is shall not be subject to the control,
5 supervision, or direction by the Agency for Workforce
6 Innovation in the performance of its powers and duties but
7 shall receive any and all support and assistance from the
8 agency that is may be required for the performance of its
9 duties.
10 Section 6. Effective July 1, 2004, paragraph (b) of
11 subsection (1) of section 125.901, Florida Statutes, is
12 amended to read:
13 125.901 Children's services; independent special
14 district; council; powers, duties, and functions.--
15 (1) Each county may by ordinance create an independent
16 special district, as defined in ss. 189.403(3) and
17 200.001(8)(e), to provide funding for children's services
18 throughout the county in accordance with this section. The
19 boundaries of such district shall be coterminous with the
20 boundaries of the county. The county governing body shall
21 obtain approval, by a majority vote of those electors voting
22 on the question, to annually levy ad valorem taxes which shall
23 not exceed the maximum millage rate authorized by this
24 section. Any district created pursuant to the provisions of
25 this subsection shall be required to levy and fix millage
26 subject to the provisions of s. 200.065. Once such millage is
27 approved by the electorate, the district shall not be required
28 to seek approval of the electorate in future years to levy the
29 previously approved millage.
30 (b) However, any county as defined in s. 125.011(1)
31 may instead have a governing board consisting of 33 members,
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1 including: the superintendent of schools; two representatives
2 of public postsecondary education institutions located in the
3 county; the county manager or the equivalent county officer;
4 the district administrator from the appropriate district of
5 the Department of Children and Family Services, or the
6 administrator's designee who is a member of the Senior
7 Management Service or the Selected Exempt Service; the
8 director of the county health department or the director's
9 designee; the state attorney for the county or the state
10 attorney's designee; the chief judge assigned to juvenile
11 cases, or another juvenile judge who is the chief judge's
12 designee and who shall sit as a voting member of the board,
13 except that the judge may not vote or participate in setting
14 ad valorem taxes under this section; an individual who is
15 selected by the board of the local United Way or its
16 equivalent; a member of a locally recognized faith-based
17 coalition, selected by that coalition; a member of the local
18 chamber of commerce, selected by that chamber or, if more than
19 one chamber exists within the county, a person selected by a
20 coalition of the local chambers; a member of the regional
21 child development board local school readiness coalition,
22 selected by that board coalition; a representative of a labor
23 organization or union active in the county; a member of a
24 local alliance or coalition engaged in cross-system planning
25 for health and social service delivery in the county, selected
26 by that alliance or coalition; a member of the local
27 Parent-Teachers Association/Parent-Teacher-Student
28 Association, selected by that association; a youth
29 representative selected by the local school system's student
30 government; a local school board member appointed by the chair
31 of the school board; the mayor of the county or the mayor's
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1 designee; one member of the county governing body, appointed
2 by the chair of that body; a member of the state Legislature
3 who represents residents of the county, selected by the chair
4 of the local legislative delegation; an elected official
5 representing the residents of a municipality in the county,
6 selected by the county municipal league; and 4
7 members-at-large, appointed to the council by the majority of
8 sitting council members. The remaining 7 members shall be
9 appointed by the Governor in accordance with procedures set
10 forth in paragraph (a), except that the Governor may remove a
11 member for cause or upon the written petition of the council.
12 Appointments by the Governor must, to the extent reasonably
13 possible, represent the geographic and demographic diversity
14 of the population of the county. Members who are appointed to
15 the council by reason of their position are not subject to the
16 length of terms and limits on consecutive terms as provided in
17 this section. The remaining appointed members of the governing
18 board shall be appointed to serve 2-year terms, except that
19 those members appointed by the Governor shall be appointed to
20 serve 4-year terms, and the youth representative and the
21 legislative delegate shall be appointed to serve 1-year terms.
22 A member may be reappointed; however, a member may not serve
23 for more than three consecutive terms. A member is eligible to
24 be appointed again after a 2-year hiatus from the council.
25 Section 7. Effective July 1, 2004, subsection (1) of
26 section 216.133, Florida Statutes, is amended to read:
27 216.133 Definitions; ss. 216.133-216.137.--As used in
28 ss. 216.133-216.137:
29 (1) "Consensus estimating conference" includes the
30 Economic Estimating Conference, the Demographic Estimating
31 Conference, the Revenue Estimating Conference, the Education
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1 Estimating Conference, the Criminal Justice Estimating
2 Conference, the Juvenile Justice Estimating Conference, the
3 Child Welfare System Estimating Conference, the Occupational
4 Forecasting Conference, the Child Development Programs School
5 Readiness Program Estimating Conference, the Self-Insurance
6 Estimating Conference, the Florida Retirement System Actuarial
7 Assumption Conference, and the Social Services Estimating
8 Conference.
9 Section 8. Effective July 1, 2004, subsection (10) of
10 section 216.136, Florida Statutes, is amended to read:
11 216.136 Consensus estimating conferences; duties and
12 principals.--
13 (10) CHILD DEVELOPMENT PROGRAMS SCHOOL READINESS
14 PROGRAM ESTIMATING CONFERENCE.--
15 (a) Duties.--
16 1. The Child Development Programs School Readiness
17 Program Estimating Conference shall develop estimates and
18 forecasts of the unduplicated count of children eligible for
19 school readiness programs in accordance with the standards of
20 eligibility established in s. 411.01(6), and of children
21 eligible for the Florida Prekindergarten Education Program in
22 accordance with s. 1002.53(2), as the conference determines
23 are needed to support the state planning, budgeting, and
24 appropriations processes.
25 2. The Agency for Workforce Innovation Florida
26 Partnership for School Readiness shall provide information on
27 needs and waiting lists for school readiness programs as
28 program services requested by the Child Development Programs
29 School Readiness Program Estimating Conference or individual
30 conference principals in a timely manner.
31
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1 3. The Department of Education shall provide
2 information on needs for the Florida Prekindergarten Education
3 Program as requested by the Child Development Programs
4 Estimating Conference or individual conference principals in a
5 timely manner.
6 (b) Principals.--The Executive Office of the Governor,
7 the Director of Economic and Demographic Research, and
8 professional staff who have forecasting expertise from the
9 Florida Partnership for School Readiness, the Agency for
10 Workforce Innovation, the Department of Children and Family
11 Services, the Department of Education, the Senate, and the
12 House of Representatives, or their designees, are the
13 principals of the Child Development Programs School Readiness
14 Program Estimating Conference. The principal representing the
15 Executive Office of the Governor shall preside over sessions
16 of the conference.
17 Section 9. Effective July 1, 2004, section 402.3016,
18 Florida Statutes, is amended to read:
19 402.3016 Early Head Start collaboration grants.--
20 (1) Contingent upon specific appropriations, the
21 Agency for Workforce Innovation Florida Partnership for School
22 Readiness shall establish a program to award collaboration
23 grants to assist local agencies in securing Early Head Start
24 programs through Early Head Start program federal grants. The
25 collaboration grants shall provide the required matching funds
26 for public and private nonprofit agencies that have been
27 approved for Early Head Start program federal grants.
28 (2) Public and private nonprofit agencies providing
29 Early Head Start programs applying for collaborative grants
30 must:
31
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1 (a) Ensure quality performance by meeting the
2 requirements in the Head Start program performance standards
3 and other applicable rules and regulations;
4 (b) Ensure collaboration with other service providers
5 at the local level; and
6 (c) Ensure that a comprehensive array of health,
7 nutritional, and other services are provided to the program's
8 pregnant women and very young children, and their families.
9 (3) The Agency for Workforce Innovation partnership
10 shall report to the Legislature on an annual basis the number
11 of agencies receiving Early Head Start collaboration grants
12 and the number of children served.
13 (4) The Agency for Workforce Innovation partnership
14 may adopt rules under s. 120.536(1) and s. 120.54 as necessary
15 for the award of collaboration grants to competing agencies
16 and the administration of the collaboration grants program
17 under this section.
18 Section 10. Effective, July 1, 2004, section 411.011,
19 Florida Statutes, is amended to read:
20 411.011 Records of children in school readiness
21 programs.--The individual records of children enrolled in
22 school readiness programs provided under s. 411.01, when held
23 in the possession of the regional child development board
24 school readiness coalition or the Agency for Workforce
25 Innovation Florida Partnership for School Readiness, are
26 confidential and exempt from the provisions of s. 119.07 and
27 s. 24(a), Art. I of the State Constitution. For the purposes
28 of this section, records include assessment data, health data,
29 records of teacher observations, and identifying data,
30 including the child's social security number. A parent,
31 guardian, or individual acting as a parent in the absence of a
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1 parent or guardian has the right to inspect and review the
2 individual school readiness program record of his or her child
3 and to obtain a copy of the record. School readiness records
4 may be released to the United States Secretary of Education,
5 the United States Secretary of Health and Human Services, and
6 the Comptroller General of the United States for the purpose
7 of federal audits; to individuals or organizations conducting
8 studies for institutions to develop, validate, or administer
9 assessments or improve instruction; to accrediting
10 organizations in order to carry out their accrediting
11 functions; to appropriate parties in connection with an
12 emergency if the information is necessary to protect the
13 health or safety of the student or other individuals; to the
14 Auditor General in connection with his or her official
15 functions; to a court of competent jurisdiction in compliance
16 with an order of that court in accordance with pursuant to a
17 lawfully issued subpoena; and to parties to an interagency
18 agreement among regional child development boards school
19 readiness coalitions, local governmental agencies, providers
20 of school readiness programs, state agencies, and the Agency
21 for Workforce Innovation Florida Partnership for School
22 Readiness for the purpose of implementing the school readiness
23 program. Agencies, organizations, or individuals that receive
24 school readiness records in order to carry out their official
25 functions must protect the data in a manner that does will not
26 permit the personal identification of students and their
27 parents by persons other than those authorized to receive the
28 records. This section is subject to the Open Government Sunset
29 Review Act of 1995 in accordance with s. 119.15 and shall
30 stand repealed on October 2, 2005, unless reviewed and saved
31 from repeal through reenactment by the Legislature.
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1 Section 11. Effective July 1, 2004, paragraph (e) of
2 subsection (2) of section 411.226, Florida Statutes, is
3 amended to read:
4 411.226 Learning Gateway.--
5 (2) LEARNING GATEWAY STEERING COMMITTEE.--
6 (e) To support and facilitate system improvements, the
7 steering committee must consult with representatives from the
8 Department of Education, the Department of Health, the Agency
9 for Workforce Innovation Florida Partnership for School
10 Readiness, the Department of Children and Family Services, the
11 Agency for Health Care Administration, the Department of
12 Juvenile Justice, and the Department of Corrections and with
13 the director of the Learning Development and Evaluation Center
14 of Florida Agricultural and Mechanical University.
15 Section 12. Effective July 1, 2004, paragraph (d) of
16 subsection (1), paragraph (a) of subsection (2), and paragraph
17 (c) of subsection (3) of section 411.227, Florida Statutes,
18 are amended to read:
19 411.227 Components of the Learning Gateway.--The
20 Learning Gateway system consists of the following components:
21 (1) COMMUNITY EDUCATION STRATEGIES AND FAMILY-ORIENTED
22 ACCESS.--
23 (d) In collaboration with other local resources, the
24 demonstration projects shall develop public awareness
25 strategies to disseminate information about developmental
26 milestones, precursors of learning problems and other
27 developmental delays, and the service system that is
28 available. The information should target parents of children
29 from birth through age 9 and should be distributed to parents,
30 health care providers, and caregivers of children from birth
31 through age 9. A variety of media should be used as
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1 appropriate, such as print, television, radio, and a
2 community-based Internet website, as well as opportunities
3 such as those presented by parent visits to physicians for
4 well-child checkups. The Learning Gateway Steering Committee
5 shall provide technical assistance to the local demonstration
6 projects in developing and distributing educational materials
7 and information.
8 1. Public awareness strategies targeting parents of
9 children from birth through age 5 shall be designed to provide
10 information to public and private preschool programs, child
11 care childcare providers, pediatricians, parents, and local
12 businesses and organizations. These strategies should include
13 information on the school readiness performance standards for
14 kindergarten adopted by the Agency for Workforce Innovation
15 School Readiness Partnership Board.
16 2. Public awareness strategies targeting parents of
17 children from ages 6 through 9 must be designed to disseminate
18 training materials and brochures to parents and public and
19 private school personnel, and must be coordinated with the
20 local school board and the appropriate school advisory
21 committees in the demonstration projects. The materials should
22 contain information on state and district proficiency levels
23 for grades K-3.
24 (2) SCREENING AND DEVELOPMENTAL MONITORING.--
25 (a) In coordination with the Agency for Workforce
26 Innovation Partnership for School Readiness, the Department of
27 Education, and the Florida Pediatric Society, and using
28 information learned from the local demonstration projects, the
29 Learning Gateway Steering Committee shall establish guidelines
30 for screening children from birth through age 9. The
31 guidelines should incorporate recent research on the
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1 indicators most likely to predict early learning problems,
2 mild developmental delays, child-specific precursors of school
3 failure, and other related developmental indicators in the
4 domains of cognition; communication; attention; perception;
5 behavior; and social, emotional, sensory, and motor
6 functioning.
7 (3) EARLY EDUCATION, SERVICES AND SUPPORTS.--
8 (c) The steering committee, in cooperation with the
9 Department of Children and Family Services, the Department of
10 Education, and the Agency for Workforce Innovation Florida
11 Partnership for School Readiness, shall identify the elements
12 of an effective research-based curriculum for early care and
13 education programs.
14 Section 13. Effective July 1, 2004, paragraph (a) of
15 subsection (2) of section 624.91, Florida Statutes, is amended
16 to read:
17 624.91 The Florida Healthy Kids Corporation Act.--
18 (2) LEGISLATIVE INTENT.--
19 (a) The Legislature finds that increased access to
20 health care services could improve children's health and
21 reduce the incidence and costs of childhood illness and
22 disabilities among children in this state. Many children do
23 not have comprehensive, affordable health care services
24 available. It is the intent of the Legislature that the
25 Florida Healthy Kids Corporation provide comprehensive health
26 insurance coverage to these such children. The corporation is
27 encouraged to cooperate with any existing health service
28 programs funded by the public or the private sector and to
29 work cooperatively with the Agency for Workforce Innovation
30 Florida Partnership for School Readiness.
31
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1 Section 14. Subsection (1) of section 1001.23, Florida
2 Statutes, is amended to read:
3 1001.23 Specific powers and duties of the Department
4 of Education.--In addition to all other duties assigned to it
5 by law or by rule of the State Board of Education, the
6 department shall:
7 (1) Adopt the statewide kindergarten school readiness
8 uniform screening developed by the Florida Partnership for
9 School Readiness, in accordance with s. 1002.65 the criteria
10 itemized in chapter 1008.
11 Section 15. Effective July 1, 2004, paragraph (d) of
12 subsection (3) of section 1002.22, Florida Statutes, is
13 amended to read:
14 1002.22 Student records and reports; rights of parents
15 and students; notification; penalty.--
16 (3) RIGHTS OF PARENT OR STUDENT.--The parent of any
17 student who attends or has attended any public school, area
18 technical center, or public postsecondary educational
19 institution shall have the following rights with respect to
20 any records or reports created, maintained, and used by any
21 public educational institution in the state. However,
22 whenever a student has attained 18 years of age, or is
23 attending a postsecondary educational institution, the
24 permission or consent required of, and the rights accorded to,
25 the parents of the student shall thereafter be required of and
26 accorded to the student only, unless the student is a
27 dependent student of such parents as defined in 26 U.S.C. s.
28 152 (s. 152 of the Internal Revenue Code of 1954). The State
29 Board of Education shall adopt rules whereby parents or
30 students may exercise these rights:
31
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1 (d) Right of privacy.--Every student has shall have a
2 right of privacy with respect to the educational records kept
3 on him or her. Personally identifiable records or reports of a
4 student, and any personal information contained therein, are
5 confidential and exempt from the provisions of s. 119.07(1).
6 No state or local educational agency, board, public school,
7 technical center, or public postsecondary educational
8 institution shall permit the release of the such records,
9 reports, or information without the written consent of the
10 student's parent, or of the student himself or herself if he
11 or she is qualified as provided in this subsection, to any
12 individual, agency, or organization. However, personally
13 identifiable records or reports of a student may be released
14 to the following persons or organizations without the consent
15 of the student or the student's parent:
16 1. Officials of schools, school systems, technical
17 centers, or public postsecondary educational institutions in
18 which the student seeks or intends to enroll; and a copy of
19 the such records or reports shall be furnished to the parent
20 or student upon request.
21 2. Other school officials, including teachers within
22 the educational institution or agency, who have legitimate
23 educational interests in the information contained in the
24 records.
25 3. The United States Secretary of Education, the
26 Director of the National Institute of Education, the Assistant
27 Secretary for Education, the Comptroller General of the United
28 States, or state or local educational authorities who are
29 authorized to receive such information subject to the
30 conditions set forth in applicable federal statutes and
31 regulations of the United States Department of Education, or
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1 in applicable state statutes and rules of the State Board of
2 Education.
3 4. Other school officials, in connection with a
4 student's application for or receipt of financial aid.
5 5. Individuals or organizations conducting studies for
6 or on behalf of an institution or a board of education for the
7 purpose of developing, validating, or administering predictive
8 tests, administering student aid programs, or improving
9 instruction, if the such studies are conducted in such a
10 manner that does as will not permit the personal
11 identification of students and their parents by persons other
12 than representatives of the such organizations and if the such
13 information will be destroyed when no longer needed for the
14 purpose of conducting the such studies.
15 6. Accrediting organizations, in order to carry out
16 their accrediting functions.
17 7. Regional child development boards School readiness
18 coalitions and the Agency for Workforce Innovation Florida
19 Partnership for School Readiness in order to carry out their
20 assigned duties.
21 8. For use as evidence in student expulsion hearings
22 conducted by a district school board under pursuant to the
23 provisions of chapter 120.
24 9. Appropriate parties in connection with an
25 emergency, if knowledge of the information in the student's
26 educational records is necessary to protect the health or
27 safety of the student or other individuals.
28 10. The Auditor General and the Office of Program
29 Policy Analysis and Government Accountability in connection
30 with their official functions; however, except when the
31 collection of personally identifiable information is
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1 specifically authorized by law, any data collected by the
2 Auditor General and the Office of Program Policy Analysis and
3 Government Accountability is confidential and exempt from the
4 provisions of s. 119.07(1) and shall be protected in such a
5 way that does as will not permit the personal identification
6 of students and their parents by other than the Auditor
7 General, the Office of Program Policy Analysis and Government
8 Accountability, and their staff, and the such personally
9 identifiable data shall be destroyed when no longer needed for
10 the Auditor General's and the Office of Program Policy
11 Analysis and Government Accountability's official use.
12 11.a. A court of competent jurisdiction in compliance
13 with an order of that court or the attorney of record in
14 accordance with pursuant to a lawfully issued subpoena, upon
15 the condition that the student and the student's parent are
16 notified of the order or subpoena in advance of compliance
17 therewith by the educational institution or agency.
18 b. A person or entity pursuant to a court of competent
19 jurisdiction in compliance with an order of that court or the
20 attorney of record in accordance with pursuant to a lawfully
21 issued subpoena, upon the condition that the student, or his
22 or her parent if the student is either a minor and not
23 attending a postsecondary educational institution or a
24 dependent of such parent as defined in 26 U.S.C. s. 152 (s.
25 152 of the Internal Revenue Code of 1954), is notified of the
26 order or subpoena in advance of compliance therewith by the
27 educational institution or agency.
28 12. Credit bureaus, in connection with an agreement
29 for financial aid that the student has executed, if the
30 provided that such information is may be disclosed only to the
31 extent necessary to enforce the terms or conditions of the
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1 financial aid agreement. Credit bureaus shall not release any
2 information obtained under pursuant to this paragraph to any
3 person.
4 13. Parties to an interagency agreement among the
5 Department of Juvenile Justice, school and law enforcement
6 authorities, and other signatory agencies for the purpose of
7 reducing juvenile crime and especially motor vehicle theft by
8 promoting cooperation and collaboration, and the sharing of
9 appropriate information in a joint effort to improve school
10 safety, to reduce truancy and in-school and out-of-school
11 suspensions, and to support alternatives to in-school and
12 out-of-school suspensions and expulsions that provide
13 structured and well-supervised educational programs
14 supplemented by a coordinated overlay of other appropriate
15 services designed to correct behaviors that lead to truancy,
16 suspensions, and expulsions, and that support students in
17 successfully completing their education. Information provided
18 in furtherance of the such interagency agreements is intended
19 solely for use in determining the appropriate programs and
20 services for each juvenile or the juvenile's family, or for
21 coordinating the delivery of the such programs and services,
22 and as such is inadmissible in any court proceedings before
23 prior to a dispositional hearing unless written consent is
24 provided by a parent or other responsible adult on behalf of
25 the juvenile.
26
27 This paragraph does not prohibit any educational institution
28 from publishing and releasing to the general public directory
29 information relating to a student if the institution elects to
30 do so. However, no educational institution shall release, to
31 any individual, agency, or organization that is not listed in
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1 subparagraphs 1.-13., directory information relating to the
2 student body in general or a portion thereof unless it is
3 normally published for the purpose of release to the public in
4 general. Any educational institution making directory
5 information public shall give public notice of the categories
6 of information that it has designated as directory information
7 for with respect to all students attending the institution and
8 shall allow a reasonable period of time after the such notice
9 has been given for a parent or student to inform the
10 institution in writing that any or all of the information
11 designated should not be released.
12 Section 16. By January 15, 2005, the Department of
13 Education, with the advice of the Florida Child Development
14 Advisory Council created under section 1002.71, Florida
15 Statutes, shall submit recommendations to the Legislature on
16 professional development programs for the Florida
17 Prekindergarten Education Program. The recommendations must
18 comprise options for the professional development of
19 prekindergarten directors, teachers, and child care personnel.
20 The recommendations shall address curricula and appropriate
21 delivery systems for the programs and shall consider the use
22 of Internet-based applications for instruction or assessment.
23 The recommendations must also include the estimated costs of
24 the professional development programs, including nonrecurring
25 startup costs and recurring operational costs.
26 Section 17. Notwithstanding sections 216.162-216.168,
27 Florida Statutes, and under section 216.351, Florida Statutes,
28 the Governor shall submit to the Legislature, as part of the
29 Governor's recommended budget for the 2005-2006 fiscal year,
30 the Governor's annual cost projections for the Florida
31 Prekindergarten Education Program for the 5-year period ending
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1 with the 2009-2010 fiscal year. The cost projections must be
2 based on the Governor's recommendations for the Florida
3 Prekindergarten Education Program, including the Governor's
4 recommendations for an appropriate program length,
5 teacher-to-student ratio or other minimum staffing
6 requirements or credentials, and curricular requirements for
7 the program. The cost projections shall be based on the
8 Governor's estimated number of children to be served annually
9 in the Florida Prekindergarten Education Program, including
10 annual estimates for the potential shift of children to the
11 Florida Prekindergarten Education Program from school
12 readiness programs provided under section 411.01, Florida
13 Statutes.
14 Section 18. (1) Effective July 1, 2004, the Florida
15 Partnership for School Readiness is abolished. All powers,
16 duties, functions, rules, records, personnel, property, and
17 unexpended balances of appropriations, allocations, and other
18 funds of the Florida Partnership for School Readiness are
19 transferred, effective July 1, 2004, by a type two transfer,
20 as defined in section 20.06(2), Florida Statutes, to the
21 Agency for Workforce Innovation.
22 (2) This act does not abolish the school readiness
23 coalitions but, effective July 1, 2004, redesignates the
24 coalitions as regional child development boards and, effective
25 January 1, 2005, requires a reduction in the number of boards.
26 All powers, duties, functions, rules, records, personnel,
27 property, and unexpended balances of appropriations,
28 allocations, and other funds of each school readiness
29 coalition are not transferred but shall be retained by the
30 coalition upon its redesignation as a regional child
31 development board.
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1 Section 19. Sections 411.012 and 1008.21, Florida
2 Statutes, are repealed.
3 Section 20. (1) The sum of $.......... is
4 appropriated from the General Revenue Fund to the Department
5 of Education to implement the summer prekindergarten
6 demonstration program under section 1002.61(4), Florida
7 Statutes, during the 2003-2004 fiscal year.
8 (2) Notwithstanding section 1002.67, Florida Statutes,
9 each demonstration district's allocation of funds appropriated
10 under subsection (1) for the summer prekindergarten
11 demonstration program shall be based upon each demonstration
12 district's full-time equivalent student membership in the
13 demonstration program. The amount allocated per full-time
14 equivalent student shall be calculated by the Department of
15 Education and approved by the Florida Education Finance
16 Program Appropriation Allocation Conference in accordance with
17 section 1011.65, Florida Statutes. The calculation must be
18 determined using school district expenditures from the most
19 recent annual program cost report for kindergarten through 3rd
20 grade, based upon the following costs directly related to
21 implementing the demonstration program for 300 hours with one
22 certified teacher for every six students:
23 (a) Salary supplement or contract extension for each
24 certified teacher.
25 (b) Benefits directly associated with each teacher's
26 additional salary.
27 (c) Materials and supplies for each prekindergarten
28 classroom.
29 (d) Cost of substitute teachers.
30 (e) Additional costs for school plant operations and
31 maintenance for utilities and custodial services.
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1
2 Each demonstration district must submit all information
3 requested by the Department of Education for calculating
4 full-time equivalent student membership in the demonstration
5 program or for reporting and funding purposes.
6 (3) Any unexpended balance at the end of the 2003-2004
7 fiscal year from the funds appropriated under subsection (1)
8 shall be certified forward to the 2004-2005 fiscal year and
9 shall be used to continue implementation of the demonstration
10 program during summer 2004.
11 Section 21. Except as otherwise expressly provided in
12 this act, this act shall take effect upon becoming a law.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 3036
3
4 The committee substitute implements s. 1(b) and (c), Article
IX of the State Constitution by creating the Florida
5 Prekindergarten Education Program within the Department of
Education.
6
The committee substitute provides parents with two
7 prekindergarten education options: a prekindergarten education
program offered by child development providers operating under
8 regional child development boards, or a prekindergarten summer
education program offered by school districts.
9
The committee substitute:
10
Requires participating providers to be licensed or exempt
11 from licensure; have credentialed teachers or
childcare personnel, including successful completion
12 of an emerging literacy course; and meet the
teacher-student ratio and program length as adopted
13 by the 2005 Legislature.
14 Requires school districts to select the public schools
participating in the prekindergarten summer
15 education program. A participating public school
must maintain a teacher-student ratio of at least
16 one certified teacher for every six students and use
facilities available in the public schools during
17 the summer term.
18 Mandates accountability by requiring the Department of
Education to adopt performance standards. A provider
19 or public school may select the curriculum of its
choice as long as the curriculum addresses
20 prekindergarten standards including emerging
literacy. However, if a provider or public school
21 fails to maintain an 85 percent kindergarten
readiness rate based on the results of the statewide
22 screening instrument, the provider or public school
would be subject to corrective action such as use of
23 a Department of Education approved curriculum.
24 Provides a timeframe for revising the statewide screening
instrument to measure readiness for kindergarten.
25
Provides a funding mechanism for the program based on
26 full-time equivalent (FTE) student membership and
certified attendance. An FTE shall be 300 hours in
27 the prekindergarten summer education program. The
2005 Legislature shall set the program length for
28 the providers. A student may not be reported for
funding purposes as more than one FTE.
29
Establishes a funding flow for the prekindergarten
30 education program provided through regional child
development boards by having the funds flow through
31 the Department of Education to school districts to
regional child development boards to the providers.
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1 Prohibits prekindergarten funds from being used for
certain purposes such as religious instruction.
2
Prohibits a provider or public school from imposing
3 additional fees for services funded through the
prekindergarten education program.
4
Creates an advisory council to provide guidance to the
5 Department of Education and the Agency for Workforce
Innovation for the prekindergarten education program
6 and school readiness program.
7 Abolishes the Partnership for School Readiness and
transfers the partnership duties to the Agency for
8 Workforce Innovation. The Agency for Workforce
Innovation shall administer the school readiness
9 program at the state level and the regional child
development boards, formerly named school readiness
10 coalitions, shall administer the school readiness
program at the local level.
11
Reduces the number of school readiness coalitions, now
12 regional child development boards, to 30 or fewer
boards and requires each regional child development
13 board to serve at least 1500 students.
14 Creates a pilot prekindergarten summer education program
for the summer of 2004 in certain school districts.
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Makes conforming changes to the school readiness system.
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