Amendment
Bill No. HB 879

Amendment No. 310773

CHAMBER ACTION
Senate		House
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1	Representative Kelly offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  This act may be cited as the "Success in Early
6	Learning Act."
7	Section 2.  Paragraph (a) of subsection (5) of section
8	411.01, Florida Statutes, is amended to read:
9	411.01  School readiness programs; early learning
10	coalitions.--
11	(5)  CREATION OF EARLY LEARNING COALITIONS.--
12	(a)  Early learning coalitions.--
13	1.  The Agency for Workforce Innovation shall establish the
14	minimum number of children to be served by each early learning
15	coalition through the coalition's school readiness program. The
16	Agency for Workforce Innovation may only approve school
17	readiness plans in accordance with this minimum number. The
18	minimum number must be uniform for every early learning
19	coalition and must:
20	a.  Permit 30 or fewer coalitions to be established; and
21	b.  Require each coalition to serve at least 2,000 children
22	based upon the average number of all children served per month
23	through the coalition's school readiness program during the
24	previous 12 months.
25
26	The Agency for Workforce Innovation shall adopt procedures for
27	merging early learning coalitions, including procedures for the
28	consolidation of merging coalitions, and for the early
29	termination of the terms of coalition members which are
30	necessary to accomplish the mergers. Each early learning
31	coalition must comply with the merger procedures and shall be
32	organized in accordance with this subparagraph by April 1, 2005.
33	By June 30, 2005, each coalition must complete the transfer of
34	powers, duties, functions, rules, records, personnel, property,
35	and unexpended balances of appropriations, allocations, and
36	other funds to the successor coalition, if applicable.
37	2.  If an early learning coalition would serve fewer
38	children than the minimum number established under subparagraph
39	1., the coalition must merge with another county to form a
40	multicounty coalition. However, the Agency for Workforce
41	Innovation may authorize an early learning coalition to serve
42	fewer children than the minimum number established under
43	subparagraph 1., if:
44	a.  The coalition demonstrates to the Agency for Workforce
45	Innovation that merging with another county or multicounty
46	region contiguous to the coalition would cause an extreme
47	hardship on the coalition;
48	b.  The Agency for Workforce Innovation has determined
49	during the most recent annual review of the coalition's school
50	readiness plan, or through monitoring and performance
51	evaluations conducted under paragraph (4)(l), that the coalition
52	has substantially implemented its plan and substantially met the
53	performance standards and outcome measures adopted by the
54	agency; and
55	c.  The coalition demonstrates to the Agency for Workforce
56	Innovation the coalition's ability to effectively and
57	efficiently implement the Voluntary Prekindergarten Education
58	Program.
59
60	If an early learning coalition fails or refuses to merge as
61	required by this subparagraph, the Agency for Workforce
62	Innovation may dissolve the coalition and temporarily contract
63	with a qualified entity to continue school readiness and
64	prekindergarten services in the coalition's county or
65	multicounty region until the coalition is reestablished through
66	resubmission of a school readiness plan and approval by the
67	agency.
68	3.  Notwithstanding the provisions of subparagraphs 1. and
69	2., the early learning coalitions in Sarasota, Osceola, and
70	Santa Rosa Counties which were in operation on January 1, 2005,
71	are established and authorized to continue operation as
72	independent coalitions, and shall not be counted within the
73	limit of 30 coalitions established in subparagraph 1.
74	4.  Each early learning coalition shall be composed of at
75	least 18 members but not more than 35 members. The Agency for
76	Workforce Innovation shall adopt standards establishing within
77	this range the minimum and maximum number of members that may be
78	appointed to an early learning coalition. These standards must
79	include variations for a coalition serving a multicounty region.
80	Each early learning coalition must comply with these standards.
81	5.  The Governor shall appoint the chair and two other
82	members of each early learning coalition, who must each meet the
83	same qualifications as private sector business members appointed
84	by the coalition under subparagraph 7.
85	6.  Each early learning coalition must include the
86	following members:
87	a.  A Department of Children and Family Services district
88	administrator or his or her designee who is authorized to make
89	decisions on behalf of the department.
90	b.  A district superintendent of schools or his or her
91	designee who is authorized to make decisions on behalf of the
92	district, who shall be a nonvoting member.
93	c.  A regional workforce board executive director or his or
94	her designee.
95	d.  A county health department director or his or her
96	designee.
97	e.  A children's services council or juvenile welfare board
98	chair or executive director, if applicable, who shall be a
99	nonvoting member if the council or board is the fiscal agent of
100	the coalition or if the council or board contracts with and
101	receives funds from the coalition for any purpose other than
102	rent.
103	f.  An agency head of a local licensing agency as defined
104	in s. 402.302, where applicable.
105	g.  A president of a community college or his or her
106	designee.
107	h.  One member appointed by a board of county
108	commissioners.
109	i.  A central agency administrator, where applicable, who
110	shall be a nonvoting member.
111	j.  A Head Start director, who shall be a nonvoting member.
112	k.  A representative of private child care providers,
113	including family day care homes, who shall be a nonvoting
114	member.
115	l.  A representative of faith-based child care providers,
116	who shall be a nonvoting member.
117	m.  A representative of programs for children with
118	disabilities under the federal Individuals with Disabilities
119	Education Act, who shall be a nonvoting member.
120	7.  Including the members appointed by the Governor under
121	subparagraph 5., more than one-third of the members of each
122	early learning coalition must be private sector business members
123	who do not have, and none of whose relatives as defined in s.
124	112.3143 has, a substantial financial interest in the design or
125	delivery of the Voluntary Prekindergarten Education Program
126	created under part V of chapter 1002 or the coalition's school
127	readiness program. To meet this requirement an early learning
128	coalition must appoint additional members from a list of
129	nominees submitted to the coalition by a chamber of commerce or
130	economic development council within the geographic region served
131	by the coalition. The Agency for Workforce Innovation shall
132	establish criteria for appointing private sector business
133	members. These criteria must include standards for determining
134	whether a member or relative has a substantial financial
135	interest in the design or delivery of the Voluntary
136	Prekindergarten Education Program or the coalition's school
137	readiness program.
138	8.  A majority of the voting membership of an early
139	learning coalition constitutes a quorum required to conduct the
140	business of the coalition. An early learning coalition board may
141	use any method of telecommunications to conduct meetings,
142	including establishing a quorum through telecommunications,
143	provided that the public is given proper notice of a
144	telecommunications meeting and reasonable access to observe and,
145	when appropriate, participate.
146	9.  A voting member of an early learning coalition may not
147	appoint a designee to act in his or her place, except as
148	otherwise provided in this paragraph. A voting member may send a
149	representative to coalition meetings, but that representative
150	does not have voting privileges. When a district administrator
151	for the Department of Children and Family Services appoints a
152	designee to an early learning coalition, the designee is the
153	voting member of the coalition, and any individual attending in
154	the designee's place, including the district administrator, does
155	not have voting privileges.
156	10.  Each member of an early learning coalition is subject
157	to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
158	112.3143(3)(a), each voting member is a local public officer who
159	must abstain from voting when a voting conflict exists.
160	11.  For purposes of tort liability, each member or
161	employee of an early learning coalition shall be governed by s.
162	768.28.
163	12.  An early learning coalition serving a multicounty
164	region must include representation from each county.
165	13.  Each early learning coalition shall establish terms
166	for all appointed members of the coalition. The terms must be
167	staggered and must be a uniform length that does not exceed 4
168	years per term. Appointed members may serve a maximum of two
169	consecutive terms. When a vacancy occurs in an appointed
170	position, the coalition must advertise the vacancy.
171	Section 3.  Section 402.27, Florida Statutes, is renumbered
172	as section 411.0101, Florida Statutes, and amended to read:
173	411.0101 402.27  Child care and early childhood resource
174	and referral.--The Agency for Workforce Innovation Department of
175	Children and Family Services shall establish a statewide child
176	care resource and referral network. Preference shall be given to
177	using the already established early learning coalitions central
178	agencies for subsidized child care as the child care resource
179	and referral agency. If an early learning coalition the agency
180	cannot comply with the requirements to offer the resource
181	information component or does not want to offer that service,
182	the early learning coalition Department of Children and Family
183	Services shall select the resource information agency based upon
184	a request for proposal pursuant to s. 411.01(5)(e)1. At least
185	one child care resource and referral agency must be established
186	in each early learning coalition's county or multicounty region
187	district of the department, but no more than one may be
188	established in any county. Child care resource and referral
189	agencies shall provide the following services:
190	(1)  Identification of existing public and private child
191	care and early childhood education services, including child
192	care services by public and private employers, and the
193	development of a resource file of those services. These services
194	may include family day care, public and private child care
195	programs, head start, prekindergarten early intervention
196	programs, special education programs for prekindergarten
197	handicapped children, services for children with developmental
198	disabilities, full-time and part-time programs, before-school
199	and after-school programs, vacation care programs, parent
200	education, the WAGES Program, and related family support
201	services. The resource file shall include, but not be limited
202	to:
203	(a)  Type of program.
204	(b)  Hours of service.
205	(c)  Ages of children served.
206	(d)  Number of children served.
207	(e)  Significant program information.
208	(f)  Fees and eligibility for services.
209	(g)  Availability of transportation.
210	(2)  The establishment of a referral process which responds
211	to parental need for information and which is provided with full
212	recognition of the confidentiality rights of parents. Resource
213	and referral programs shall make referrals to licensed child
214	care facilities. Referrals shall be made to an unlicensed child
215	care facility or arrangement only if there is no requirement
216	that the facility or arrangement be licensed.
217	(3)  Maintenance of ongoing documentation of requests for
218	service tabulated through the internal referral process. The
219	following documentation of requests for service shall be
220	maintained by all child care resource and referral agencies:
221	(a)  Number of calls and contacts to the child care
222	information and referral agency component by type of service
223	requested.
224	(b)  Ages of children for whom service was requested.
225	(c)  Time category of child care requests for each child.
226	(d)  Special time category, such as nights, weekends, and
227	swing shift.
228	(e)  Reason that the child care is needed.
229	(f)  Name of the employer and primary focus of the
230	business.
231	(4)  Provision of technical assistance to existing and
232	potential providers of child care services. This assistance may
233	include:
234	(a)  Information on initiating new child care services,
235	zoning, and program and budget development and assistance in
236	finding such information from other sources.
237	(b)  Information and resources which help existing child
238	care services providers to maximize their ability to serve
239	children and parents in their community.
240	(c)  Information and incentives which could help existing
241	or planned child care services offered by public or private
242	employers seeking to maximize their ability to serve the
243	children of their working parent employees in their community,
244	through contractual or other funding arrangements with
245	businesses.
246	(5)  Assistance to families and employers in applying for
247	various sources of subsidy including, but not limited to,
248	subsidized child care, head start, prekindergarten early
249	intervention programs, Project Independence, private
250	scholarships, and the federal dependent care tax credit.
251	(6)  Assistance to state agencies in determining the market
252	rate for child care.
253	(7)  Assistance in negotiating discounts or other special
254	arrangements with child care providers.
255	(8)  Information and assistance to local interagency
256	councils coordinating services for prekindergarten handicapped
257	children.
258	(9)  Assistance to families in identifying summer
259	recreation camp and summer day camp programs and in evaluating
260	the health and safety qualities of summer recreation camp and
261	summer day camp programs and in evaluating the health and safety
262	qualities of summer camp programs. Contingent upon specific
263	appropriation, a checklist of important health and safety
264	qualities that parents can use to choose their summer camp
265	programs shall be developed and distributed in a manner that
266	will reach parents interested in such programs for their
267	children.
268	(10)  A child care facility licensed under s. 402.305 and
269	licensed and registered family day care homes must provide the
270	statewide child care and resource and referral agencies with the
271	following information annually:
272	(a)  Type of program.
273	(b)  Hours of service.
274	(c)  Ages of children served.
275	(d)  Fees and eligibility for services.
276	(11)  The Agency for Workforce Innovation shall adopt any
277	rules necessary for the implementation and administration of
278	this section.
279	Section 4.  Section 409.178, Florida Statutes, is
280	renumbered as section 411.0102, Florida Statutes, and subsection
281	(4), paragraphs (b), (c), and (d) of subsection (5), and
282	subsection (6) of that section are amended to read:
283	411.0102 409.178  Child Care Executive Partnership Act;
284	findings and intent; grant; limitation; rules.--
285	(4)  The Child Care Executive Partnership, staffed by the
286	Agency for Workforce Innovation department, shall consist of a
287	representative of the Executive Office of the Governor and nine
288	members of the corporate or child care community, appointed by
289	the Governor.
290	(a)  Members shall serve for a period of 4 years, except
291	that the representative of the Executive Office of the Governor
292	shall serve at the pleasure of the Governor.
293	(b)  The Child Care Executive Partnership shall be chaired
294	by a member chosen by a majority vote and shall meet at least
295	quarterly and at other times upon the call of the chair.
296	(c)  Members shall serve without compensation, but may be
297	reimbursed for per diem and travel expenses in accordance with
298	s. 112.061.
299	(d)  The Child Care Executive Partnership shall have all
300	the powers and authority, not explicitly prohibited by statute,
301	necessary to carry out and effectuate the purposes of this
302	section, as well as the functions, duties, and responsibilities
303	of the partnership, including, but not limited to, the
304	following:
305	1.  Assisting in the formulation and coordination of the
306	state's child care policy.
307	2.  Adopting an official seal.
308	3.  Soliciting, accepting, receiving, investing, and
309	expending funds from public or private sources.
310	4.  Contracting with public or private entities as
311	necessary.
312	5.  Approving an annual budget.
313	6.  Carrying forward any unexpended state appropriations
314	into succeeding fiscal years.
315	7.  Providing a report to the Governor, the Speaker of the
316	House of Representatives, and the President of the Senate, on or
317	before December 1 of each year.
318	(5)
319	(b)  To ensure a seamless service delivery and ease of
320	access for families, an early learning coalition the community
321	coordinated child care agencies or the state resource and
322	referral Agency for Workforce Innovation shall administer the
323	child care purchasing pool funds.
324	(c)  The Agency for Workforce Innovation department, in
325	conjunction with the Child Care Executive Partnership, shall
326	develop procedures for disbursement of funds through the child
327	care purchasing pools. In order to be considered for funding, an
328	early learning coalition the community coordinated child care
329	agency or the statewide resource and referral Agency for
330	Workforce Innovation must commit to:
331	1.  Matching the state purchasing pool funds on a dollar-
332	for-dollar basis; and
333	2.  Expending only those public funds which are matched by
334	employers, local government, and other matching contributors who
335	contribute to the purchasing pool. Parents shall also pay a fee,
336	which shall be not less than the amount identified in the early
337	learning coalition's department's subsidized child care sliding
338	fee scale.
339	(d)  Each early learning coalition community coordinated
340	child care agency shall be required to establish a community
341	child care task force for each child care purchasing pool. The
342	task force must be composed of employers, parents, private child
343	care providers, and one representative from the local children's
344	services council, if one exists in the area of the purchasing
345	pool. The early learning coalition community coordinated child
346	care agency is expected to recruit the task force members from
347	existing child care councils, commissions, or task forces
348	already operating in the area of a purchasing pool. A majority
349	of the task force shall consist of employers. Each task force
350	shall develop a plan for the use of child care purchasing pool
351	funds. The plan must show how many children will be served by
352	the purchasing pool, how many will be new to receiving child
353	care services, and how the early learning coalition community
354	coordinated child care agency intends to attract new employers
355	and their employees to the program.
356	(6)  The Agency for Workforce Innovation Department of
357	Children and Family Services shall adopt any rules necessary for
358	the implementation and administration of this section.
359	Section 5.  Subsection (3) of section 1002.55, Florida
360	Statutes, is amended to read:
361	1002.55  School-year prekindergarten program delivered by
362	private prekindergarten providers.--
363	(3)  To be eligible to deliver the prekindergarten program,
364	a private prekindergarten provider must meet each of the
365	following requirements:
366	(a)  The private prekindergarten provider must be a child
367	care facility licensed under s. 402.305, family day care home
368	licensed under s. 402.313, large family child care home licensed
369	under s. 402.3131, nonpublic school exempt from licensure under
370	s. 402.3025(2), or faith-based child care provider exempt from
371	licensure under s. 402.316.
372	(b)  The private prekindergarten provider must:
373	1.  Be accredited by an accrediting association that is a
374	member of the National Council for Private School Accreditation,
375	the Commission on International and Trans-Regional
376	Accreditation, or the Florida Association of Academic Nonpublic
377	Schools and have written accreditation standards that meet or
378	exceed the state's licensing requirements under s. 402.305, s.
379	402.313, or s. 402.3131 and require at least one on-site visit
380	to the provider or school before accreditation is granted;
381	2.  Hold a current Gold Seal Quality Care designation under
382	s. 402.281; or
383	3.  Be licensed under s. 402.305, s. 402.313, or s.
384	402.3131 and demonstrate, before delivering the Voluntary
385	Prekindergarten Education Program, as verified by the early
386	learning coalition, that the provider meets each of the
387	requirements of the program under this part, including, but not
388	limited to, the requirements for credentials and background
389	screenings of prekindergarten instructors under paragraphs (c)
390	and (d), minimum and maximum class sizes under paragraph (f)(e),
391	prekindergarten director credentials under paragraph (g)(f), and
392	a developmentally appropriate curriculum under s. 1002.67(2)(b).
393	(c)  The private prekindergarten provider must have, for
394	each prekindergarten class, at least one prekindergarten
395	instructor who meets each of the following requirements:
396	1.  The prekindergarten instructor must hold, at a minimum,
397	one of the following credentials:
398	a.  A child development associate credential issued by the
399	National Credentialing Program of the Council for Professional
400	Recognition; or
401	b.  A credential approved by the Department of Children and
402	Family Services as being equivalent to or greater than the
403	credential described in sub-subparagraph a.
404
405	The Department of Children and Family Services may adopt rules
406	under ss. 120.536(1) and 120.54 which provide criteria and
407	procedures for approving equivalent credentials under sub-
408	subparagraph b.
409	2.  The prekindergarten instructor must successfully
410	complete an emergent literacy training course approved by the
411	department as meeting or exceeding the minimum standards adopted
412	under s. 1002.59. This subparagraph does not apply to a
413	prekindergarten instructor who successfully completes approved
414	training in early literacy and language development under s.
415	402.305(2)(d)5., s. 402.313(6), or s. 402.3131(5) before the
416	establishment of one or more emergent literacy training courses
417	under s. 1002.59 or April 1, 2005, whichever occurs later.
418	(d)  Each prekindergarten instructor employed by the
419	private prekindergarten provider must be of good moral
420	character, must be screened using the level 2 screening
421	standards in s. 435.04 before employment and rescreened at least
422	once every 5 years, must be denied employment or terminated if
423	required under s. 435.06, and must not be ineligible to teach in
424	a public school because his or her educator certificate is
425	suspended or revoked.
426	(e)  A private prekindergarten provider may assign a
427	substitute instructor to temporarily replace a credentialed
428	instructor if the credentialed instructor assigned to a
429	prekindergarten class is absent, as long as the substitute
430	instructor is of good moral character and has been screened in
431	accordance with level 2 background screening requirements in
432	chapter 435. The Agency for Workforce Innovation shall adopt
433	rules to implement this paragraph which shall include required
434	qualifications of substitute instructors and the circumstances
435	and time limits for which a private prekindergarten provider may
436	assign a substitute instructor.
437	(f)(e)  Each of the private prekindergarten provider's
438	prekindergarten classes must be composed of at least 4 students
439	but may not exceed 18 students. In order to protect the health
440	and safety of students, each private prekindergarten provider
441	must also provide appropriate adult supervision for students at
442	all times and, for each prekindergarten class composed of 11 or
443	more students, must have, in addition to a prekindergarten
444	instructor who meets the requirements of paragraph (c), at least
445	one adult prekindergarten instructor who is not required to meet
446	those requirements but who must meet each requirement of
447	paragraph (d). This paragraph does not supersede any requirement
448	imposed on a provider under ss. 402.301-402.319.
449	(g)(f)  Before the beginning of the 2006-2007 school year,
450	the private prekindergarten provider must have a prekindergarten
451	director who has a prekindergarten director credential that is
452	approved by the department as meeting or exceeding the minimum
453	standards adopted under s. 1002.57. Successful completion of a
454	child care facility director credential under s. 402.305(2)(f)
455	before the establishment of the prekindergarten director
456	credential under s. 1002.57 or July 1, 2006, whichever occurs
457	later, satisfies the requirement for a prekindergarten director
458	credential under this paragraph.
459	(h)(g)  The private prekindergarten provider must register
460	with the early learning coalition on forms prescribed by the
461	Agency for Workforce Innovation.
462	(i)(h)  The private prekindergarten provider must deliver
463	the Voluntary Prekindergarten Education Program in accordance
464	with this part.
465	Section 6.  Section 1002.61, Florida Statutes, is amended
466	to read:
467	1002.61  Summer prekindergarten program delivered by public
468	schools and private prekindergarten providers.--
469	(1)(a)  Each school district shall administer the Voluntary
470	Prekindergarten Education Program at the district level for
471	students enrolled under s. 1002.53(3)(b) in a summer
472	prekindergarten program delivered by a public school.
473	(b)  Each early learning coalition shall administer the
474	Voluntary Prekindergarten Education Program at the county or
475	regional level for students enrolled under s. 1002.53(3)(b) in a
476	summer prekindergarten program delivered by a private
477	prekindergarten provider.
478	(2)  Each summer prekindergarten program delivered by a
479	public school or private prekindergarten provider must:
480	(a)  Comprise at least 300 instructional hours;
481	(b)  Not begin earlier than May 1 of the school year; and
482	(c)  Not deliver the program for a child earlier than the
483	summer immediately before the school year for which the child is
484	eligible for admission to kindergarten in a public school under
485	s. 1003.21(1)(a)2.
486	(3)(a)  Each district school board shall determine which
487	public schools in the school district are eligible to deliver
488	the summer prekindergarten program. The school district shall
489	use educational facilities available in the public schools
490	during the summer term for the summer prekindergarten program.
491	(b)  Except as provided in this section, to be eligible to
492	deliver the summer prekindergarten program, a private
493	prekindergarten provider must meet each requirement in s.
494	1002.55.
495	(4)  Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(5),
496	each public school and private prekindergarten provider must
497	have, for each prekindergarten class, at least one
498	prekindergarten instructor who:
499	(a)  Is a certified teacher; or
500	(b)  Holds one of the educational credentials specified in
501	s. 1002.55(4)(a) or (b).
502
503	As used in this subsection, the term "certified teacher" means a
504	teacher holding a valid Florida educator certificate under s.
505	1012.56 who has the qualifications required by the district
506	school board to instruct students in the summer prekindergarten
507	program. In selecting instructional staff for the summer
508	prekindergarten program, each school district shall give
509	priority to teachers who have experience or coursework in early
510	childhood education.
511	(5)  Each prekindergarten instructor employed by a public
512	school or private prekindergarten provider delivering the summer
513	prekindergarten program must be of good moral character, must be
514	screened using the level 2 screening standards in s. 435.04
515	before employment and rescreened at least once every 5 years,
516	must be denied employment or terminated if required under s.
517	435.06, and must not be ineligible to teach in a public school
518	because his or her educator certificate is suspended or revoked.
519	This subsection does not supersede employment requirements for
520	instructional personnel in public schools which are more
521	stringent than the requirements of this subsection.
522	(6)  A public school or private prekindergarten provider
523	may assign a substitute instructor to temporarily replace a
524	credentialed instructor if the credentialed instructor assigned
525	to a prekindergarten class is absent, as long as the substitute
526	instructor is of good moral character and has been screened in
527	accordance with level 2 background screening requirements in
528	chapter 435. This subsection does not supersede employment
529	requirements for instructional personnel in public schools which
530	are more stringent than the requirements of this subsection. The
531	Agency for Workforce Innovation shall adopt rules to implement
532	this subsection which shall include required qualifications of
533	substitute instructors and the circumstances and time limits for
534	which a public school or private prekindergarten provider may
535	assign a substitute instructor.
536	(7)(6)  Notwithstanding ss. 1002.55(3)(f)(e) and
537	1002.63(8)(7), each prekindergarten class in the summer
538	prekindergarten program, regardless of whether the class is a
539	public school's or private prekindergarten provider's class,
540	must be composed of at least 4 students but may not exceed 10
541	students. In order to protect the health and safety of students,
542	each public school or private prekindergarten provider must also
543	provide appropriate adult supervision for students at all times.
544	This subsection does not supersede any requirement imposed on a
545	provider under ss. 402.301-402.319.
546	(8)(7)  Each public school delivering the summer
547	prekindergarten program must also:
548	(a)  Register with the early learning coalition on forms
549	prescribed by the Agency for Workforce Innovation; and
550	(b)  Deliver the Voluntary Prekindergarten Education
551	Program in accordance with this part.
552	Section 7.  Section 1002.63, Florida Statutes, is amended
553	to read:
554	1002.63  School-year prekindergarten program delivered by
555	public schools.--
556	(1)  Each school district eligible under subsection (4) may
557	administer the Voluntary Prekindergarten Education Program at
558	the district level for students enrolled under s. 1002.53(3)(c)
559	in a school-year prekindergarten program delivered by a public
560	school.
561	(2)  Each school-year prekindergarten program delivered by
562	a public school must comprise at least 540 instructional hours.
563	(3)  The district school board of each school district
564	eligible under subsection (4) shall determine which public
565	schools in the district are eligible to deliver the
566	prekindergarten program during the school year.
567	(4)  To be eligible to deliver the prekindergarten program
568	during the school year, each school district must meet both of
569	the following requirements:
570	(a)  The district school board must certify to the State
571	Board of Education that the school district:
572	1.  Has reduced the average class size in each classroom in
573	accordance with s. 1003.03 and the schedule in s. 1(a), Art. IX
574	of the State Constitution; and
575	2.  Has sufficient satisfactory educational facilities and
576	capital outlay funds to continue reducing the average class size
577	in each classroom in the district's elementary schools for each
578	year in accordance with the schedule for class size reduction
579	and to achieve full compliance with the maximum class sizes in
580	s. 1(a), Art. IX of the State Constitution by the beginning of
581	the 2010-2011 school year.
582	(b)  The Commissioner of Education must certify to the
583	State Board of Education that the department has reviewed the
584	school district's educational facilities, capital outlay funds,
585	and projected student enrollment and concurs with the district
586	school board's certification under paragraph (a).
587	(5)  Each public school must have, for each prekindergarten
588	class, at least one prekindergarten instructor who meets each
589	requirement in s. 1002.55(3)(c) for a prekindergarten instructor
590	of a private prekindergarten provider.
591	(6)  Each prekindergarten instructor employed by a public
592	school delivering the school-year prekindergarten program must
593	be of good moral character, must be screened using the level 2
594	screening standards in s. 435.04 before employment and
595	rescreened at least once every 5 years, must be denied
596	employment or terminated if required under s. 435.06, and must
597	not be ineligible to teach in a public school because his or her
598	educator certificate is suspended or revoked. This subsection
599	does not supersede employment requirements for instructional
600	personnel in public schools which are more stringent than the
601	requirements of this subsection.
602	(7)  A public school prekindergarten provider may assign a
603	substitute instructor to temporarily replace a credentialed
604	instructor if the credentialed instructor assigned to a
605	prekindergarten class is absent, as long as the substitute
606	instructor is of good moral character and has been screened in
607	accordance with level 2 background screening requirements in
608	chapter 435. This subsection does not supersede employment
609	requirements for instructional personnel in public schools which
610	are more stringent than the requirements of this subsection. The
611	Agency for Workforce Innovation shall adopt rules to implement
612	this subsection which shall include required qualifications of
613	substitute instructors and the circumstances and time limits for
614	which a public school prekindergarten provider may assign a
615	substitute instructor.
616	(8)(7)  Each prekindergarten class in a public school
617	delivering the school-year prekindergarten program must be
618	composed of at least 4 students but may not exceed 18 students.
619	In order to protect the health and safety of students, each
620	school must also provide appropriate adult supervision for
621	students at all times and, for each prekindergarten class
622	composed of 11 or more students, must have, in addition to a
623	prekindergarten instructor who meets the requirements of s.
624	1002.55(3)(c), at least one adult prekindergarten instructor who
625	is not required to meet those requirements but who must meet
626	each requirement of subsection (6).
627	(9)(8)  Each public school delivering the school-year
628	prekindergarten program must:
629	(a)  Register with the early learning coalition on forms
630	prescribed by the Agency for Workforce Innovation; and
631	(b)  Deliver the Voluntary Prekindergarten Education
632	Program in accordance with this part.
633	Section 8.  This act shall take effect July 1, 2008.
634
635
636	-----------------------------------------------------
637	T I T L E  A M E N D M E N T
638	Remove the entire title and insert:
639	A bill to be entitled
640	An act relating to early learning; providing a short title;
641	amending s. 411.01, F.S.; revising provisions relating to
642	membership of early learning coalitions; authorizing use of
643	telecommunication methods in conducting early learning coalition
644	board meetings; amending and renumbering s. 402.27, F.S.;
645	transferring requirements for the establishment of a statewide
646	child care resource and referral network by the Department of
647	Children and Family Services to the Agency for Workforce
648	Innovation; providing for use of early learning coalitions as
649	child care resource and referral agencies; requiring rulemaking;
650	amending and renumbering s. 409.178, F.S.; transferring duties
651	of the Department of Children and Family Services with respect
652	to the Child Care Executive Partnership Program to the Agency
653	for Workforce Innovation and early learning coalitions;
654	requiring rulemaking; amending ss. 1002.55, 1002.61, and
655	1002.63, F.S., relating to the Voluntary Prekindergarten
656	Education Program; providing additional accreditation standards
657	for private prekindergarten providers; providing requirements
658	for assignment of substitute instructors; requiring rulemaking;
659	conforming cross-references; providing an effective date.
660

CODING: Words stricken are deletions; words underlined are additions.