Florida Senate - 2009 CS for SB 2570
By the Committee on Commerce; and Senator Wise
577-04110-09 20092570c1
1 A bill to be entitled
2 An act relating to early learning; amending s.
3 39.0121, F.S.; deleting an obsolete reference to the
4 repealed subsidized child care program; amending s.
5 39.202, F.S.; replacing an obsolete reference to a
6 repealed program with an updated reference to the
7 school readiness program; authorizing county agencies
8 responsible for licensure or approval of child care
9 providers to be granted access to certain confidential
10 reports and records in cases of child abuse or
11 neglect; amending s. 39.5085, F.S.; deleting an
12 obsolete reference to a repealed program; amending s.
13 383.14, F.S.; replacing obsolete references to the
14 former State Coordinating Council for School Readiness
15 Programs with updated references to the Agency for
16 Workforce Innovation; transferring, renumbering, and
17 amending s. 402.25, F.S.; updating an obsolete
18 reference to a repealed program; deleting obsolete
19 references relating to the repealed prekindergarten
20 early intervention program and Florida First Start
21 Program; amending s. 402.26, F.S.; revising
22 legislative intent; updating an obsolete reference to
23 a repealed program; amending s. 402.281, F.S.;
24 updating an obsolete reference to a former council;
25 requiring the Department of Children and Family
26 Services to consult with the Agency for Workforce
27 Innovation regarding the approval of accrediting
28 associations for the Gold Seal Quality Care program;
29 transferring, renumbering, and amending s. 402.3018,
30 F.S.; transferring administration of the statewide
31 toll-free Warm-Line from the department to the agency;
32 conforming provisions; transferring, renumbering, and
33 amending s. 402.3051, F.S.; revising procedures for
34 child care market rate reimbursement and child care
35 grants; transferring authority to establish the
36 procedures from the department to the agency;
37 directing the agency to adopt a prevailing market rate
38 schedule for child care services; revising
39 definitions; prohibiting the schedule from interfering
40 with parental choice; authorizing the agency to enter
41 into contracts and adopt rules; amending s. 402.313,
42 F.S.; deleting obsolete provisions authorizing the
43 department to license family day care homes
44 participating in a repealed program; amending s.
45 402.315, F.S.; revising provisions relating to fees
46 collected for child care facilities; amending s.
47 402.45, F.S.; updating an obsolete reference relating
48 to a former council; directing the Department of
49 Health to consult with the agency regarding certain
50 training provided for contractors of the community
51 resource mother or father program; amending s.
52 409.1671, F.S.; clarifying that a licensed foster home
53 may be dually licensed as a child care facility and
54 receive certain payments for the same child; deleting
55 an obsolete reference to a repealed program; amending
56 s. 411.01, F.S.; revising provisions relating to the
57 School Readiness Act; revising legislative intent;
58 revising the duties and responsibilities of the Agency
59 for Workforce Innovation; extending the date by which
60 early learning coalitions must be organized; revising
61 requirements for parental choice; directing the agency
62 to establish a formula for allocating school readiness
63 funds to each county; providing for legislative notice
64 and review of the formula; amending s. 411.0101, F.S.;
65 revising requirements for services provided by the
66 statewide child care resource and referral network;
67 updating obsolete references to repealed programs;
68 amending s. 411.0102, F.S.; revising provisions
69 relating to the Child Care Executive Partnership Act;
70 updating obsolete references to repealed programs;
71 deleting provisions relating to the duties of each
72 early coalition board; amending s. 411.0105, F.S.;
73 revising lead agency responsibilities for
74 administration of certain federal provisions;
75 requiring the Department of Education to contract with
76 the agency; amending s. 411.203, F.S.; deleting an
77 obsolete reference to a repealed program; conforming
78 provisions; amending s. 411.221, F.S.; updating an
79 obsolete reference to a former council; amending ss.
80 445.024, 445.030, 490.014, and 491.014, F.S.; deleting
81 obsolete references to repealed programs; conforming
82 provisions to the repeal of the subsidized child care
83 case management program; amending ss. 1002.53,
84 1002.67, and 1002.71, F.S.; conforming provisions to
85 changes made by the act; amending s. 1009.64, F.S.;
86 deleting an obsolete reference to a repealed program;
87 repealing ss. 402.3135 and 402.3145, F.S., relating to
88 the subsidized child care program case management
89 program and the subsidized child care transportation
90 program; transferring and renumbering s. 402.3016,
91 F.S., relating to Early Head Start collaboration
92 grants; providing an effective date.
93
94 Be It Enacted by the Legislature of the State of Florida:
95
96 Section 1. Subsection (7) of section 39.0121, Florida
97 Statutes, is amended to read:
98 39.0121 Specific rulemaking authority.—Pursuant to the
99 requirements of s. 120.536, the department is specifically
100 authorized to adopt, amend, and repeal administrative rules
101 which implement or interpret law or policy, or describe the
102 procedure and practice requirements necessary to implement this
103 chapter, including, but not limited to, the following:
104 (7) Federal funding requirements and procedures; foster
105 care and adoption subsidies; and subsidized independent living;
106 and subsidized child care.
107 Section 2. Paragraph (a) of subsection (2) of section
108 39.202, Florida Statutes, is amended to read:
109 39.202 Confidentiality of reports and records in cases of
110 child abuse or neglect.—
111 (2) Except as provided in subsection (4), access to such
112 records, excluding the name of the reporter which shall be
113 released only as provided in subsection (5), shall be granted
114 only to the following persons, officials, and agencies:
115 (a) Employees, authorized agents, or contract providers of
116 the department, the Department of Health, the Agency for Persons
117 with Disabilities, or county agencies responsible for carrying
118 out:
119 1. Child or adult protective investigations;
120 2. Ongoing child or adult protective services;
121 3. Early intervention and prevention services;
122 4. Healthy Start services;
123 5. Licensure or approval of adoptive homes, foster homes,
124 child care facilities, facilities licensed under chapter 393, or
125 family day care homes or informal child care providers who
126 receive school readiness subsidized child care funding, or other
127 homes used to provide for the care and welfare of children; or
128 6. Services for victims of domestic violence when provided
129 by certified domestic violence centers working at the
130 department’s request as case consultants or with shared clients.
131
132 Also, employees or agents of the Department of Juvenile Justice
133 responsible for the provision of services to children, pursuant
134 to chapters 984 and 985.
135 Section 3. Paragraph (f) of subsection (2) of section
136 39.5085, Florida Statutes, is amended to read:
137 39.5085 Relative Caregiver Program.—
138 (2)
139 (f) Within available funding, the Relative Caregiver
140 Program shall provide relative caregivers with family support
141 and preservation services, flexible funds in accordance with s.
142 409.165, subsidized child care, and other available services in
143 order to support the child’s safety, growth, and healthy
144 development. Children living with relative caregivers who are
145 receiving assistance under this section shall be eligible for
146 Medicaid coverage.
147 Section 4. Paragraph (b) of subsection (1) and subsection
148 (2) of section 383.14, Florida Statutes, are amended to read:
149 383.14 Screening for metabolic disorders, other hereditary
150 and congenital disorders, and environmental risk factors.—
151 (1) SCREENING REQUIREMENTS.—To help ensure access to the
152 maternal and child health care system, the Department of Health
153 shall promote the screening of all newborns born in Florida for
154 metabolic, hereditary, and congenital disorders known to result
155 in significant impairment of health or intellect, as screening
156 programs accepted by current medical practice become available
157 and practical in the judgment of the department. The department
158 shall also promote the identification and screening of all
159 newborns in this state and their families for environmental risk
160 factors such as low income, poor education, maternal and family
161 stress, emotional instability, substance abuse, and other high
162 risk conditions associated with increased risk of infant
163 mortality and morbidity to provide early intervention,
164 remediation, and prevention services, including, but not limited
165 to, parent support and training programs, home visitation, and
166 case management. Identification, perinatal screening, and
167 intervention efforts shall begin prior to and immediately
168 following the birth of the child by the attending health care
169 provider. Such efforts shall be conducted in hospitals,
170 perinatal centers, county health departments, school health
171 programs that provide prenatal care, and birthing centers, and
172 reported to the Office of Vital Statistics.
173 (b) Postnatal screening.—A risk factor analysis using the
174 department’s designated risk assessment instrument shall also be
175 conducted as part of the medical screening process upon the
176 birth of a child and submitted to the department’s Office of
177 Vital Statistics for recording and other purposes provided for
178 in this chapter. The department’s screening process for risk
179 assessment shall include a scoring mechanism and procedures that
180 establish thresholds for notification, further assessment,
181 referral, and eligibility for services by professionals or
182 paraprofessionals consistent with the level of risk. Procedures
183 for developing and using the screening instrument, notification,
184 referral, and care coordination services, reporting
185 requirements, management information, and maintenance of a
186 computer-driven registry in the Office of Vital Statistics which
187 ensures privacy safeguards must be consistent with the
188 provisions and plans established under chapter 411, Pub. L. No.
189 99-457, and this chapter. Procedures established for reporting
190 information and maintaining a confidential registry must include
191 a mechanism for a centralized information depository at the
192 state and county levels. The department shall coordinate with
193 existing risk assessment systems and information registries. The
194 department must ensure, to the maximum extent possible, that the
195 screening information registry is integrated with the
196 department’s automated data systems, including the Florida On
197 line Recipient Integrated Data Access (FLORIDA) system. Tests
198 and screenings must be performed by the State Public Health
199 Laboratory, in coordination with Children’s Medical Services, at
200 such times and in such manner as is prescribed by the department
201 after consultation with the Genetics and Infant Screening
202 Advisory Council and the Agency for Workforce Innovation State
203 Coordinating Council for School Readiness Programs.
204 (2) RULES.—After consultation with the Genetics and Newborn
205 Screening Advisory Council, the department shall adopt and
206 enforce rules requiring that every newborn in this state shall,
207 prior to becoming 1 week of age, be subjected to a test for
208 phenylketonuria and, at the appropriate age, be tested for such
209 other metabolic diseases and hereditary or congenital disorders
210 as the department may deem necessary from time to time. After
211 consultation with the Agency for Workforce Innovation State
212 Coordinating Council for School Readiness Programs, the
213 department shall also adopt and enforce rules requiring every
214 newborn in this state to be screened for environmental risk
215 factors that place children and their families at risk for
216 increased morbidity, mortality, and other negative outcomes. The
217 department shall adopt such additional rules as are found
218 necessary for the administration of this section and s. 383.145,
219 including rules providing definitions of terms, rules relating
220 to the methods used and time or times for testing as accepted
221 medical practice indicates, rules relating to charging and
222 collecting fees for the administration of the newborn screening
223 program authorized by this section, rules for processing
224 requests and releasing test and screening results, and rules
225 requiring mandatory reporting of the results of tests and
226 screenings for these conditions to the department.
227 Section 5. Section 402.25, Florida Statutes, is
228 transferred, renumbered as section 411.0106, Florida Statutes,
229 and amended to read:
230 411.0106 402.25 Infants and toddlers in state-funded
231 education and care programs; brain development activities.—Each
232 state-funded education and care program for children from birth
233 to 5 years of age must provide activities to foster brain
234 development in infants and toddlers. A program must provide an
235 environment that helps children attain the performance standards
236 adopted by the Agency for Workforce Innovation under s.
237 411.01(4)(d)7. and must be rich in language and music and filled
238 with objects of various colors, shapes, textures, and sizes to
239 stimulate visual, tactile, auditory, and linguistic senses in
240 the children and must include classical music and at least 30
241 minutes of reading to the children each day. A program may be
242 offered through an existing early childhood program such as
243 Healthy Start, the Title I program, the school readiness program
244 contracted or directly operated subsidized child care, the
245 prekindergarten early intervention program, Florida First Start,
246 the Head Start program, or a private child care program. A
247 program must provide training for the infants’ and toddlers’
248 parents including direct dialogue and interaction between
249 teachers and parents demonstrating the urgency of brain
250 development in the first year of a child’s life. Family day care
251 centers are encouraged, but not required, to comply with this
252 section.
253 Section 6. Subsection (5) of section 402.26, Florida
254 Statutes, is amended to read:
255 402.26 Child care; legislative intent.—
256 (5) It is the further intent of the Legislature to provide
257 and make accessible child care opportunities for children at
258 risk, economically disadvantaged children, and other children
259 traditionally disenfranchised from society. In achieving this
260 intent, the Legislature shall develop early learning programs a
261 subsidized child care system, a range of child care options,
262 support services, and linkages with other programs to fully meet
263 the child care needs of this population.
264 Section 7. Subsection (2) of section 402.281, Florida
265 Statutes, is amended to read:
266 402.281 Gold Seal Quality Care program.—
267 (2) In developing the Gold Seal Quality Care program
268 standards, the department shall consult with the Department of
269 Education, the Agency for Workforce Innovation, the Florida Head
270 Start Directors Association, the Florida Association of Child
271 Care Management, the Florida Family Day Care Association, the
272 Florida Children’s Forum, the State Coordinating Council for
273 School Readiness Programs, the Early Childhood Association of
274 Florida, the National Association for Child Development
275 Education, providers receiving exemptions under s. 402.316, and
276 parents, for the purpose of approving the accrediting
277 associations.
278 Section 8. Section 402.3018, Florida Statutes, is
279 transferred, renumbered as section 411.01015, Florida Statutes,
280 and amended to read:
281 411.01015 402.3018 Consultation to child care centers and
282 family day care homes regarding health, developmental,
283 disability, and special needs issues.—
284 (1) Contingent upon specific appropriations, the Agency for
285 Workforce Innovation shall administer department is directed to
286 contract with the statewide resource information and referral
287 agency for a statewide toll-free Warm-Line for the purpose of
288 providing assistance and consultation to child care centers and
289 family day care homes regarding health, developmental,
290 disability, and special needs issues of the children they are
291 serving, particularly children with disabilities and other
292 special needs.
293 (2) The purpose of the Warm-Line is to provide advice to
294 child care personnel concerning strategies, curriculum, and
295 environmental adaptations that allow a child with a disability
296 or special need to derive maximum benefit from the child care
297 services experience.
298 (3) The Agency for Workforce Innovation department shall
299 annually inform child care centers and family day care homes of
300 the availability of this service through the child care resource
301 and referral network under s. 411.0101, on an annual basis.
302 (4) Contingent upon specific appropriations, the Agency for
303 Workforce Innovation department shall expand, or contract for
304 the expansion of, the Warm-Line to maintain at least one Warm
305 Line site in each early learning coalition service area from one
306 statewide site to one Warm-Line site in each child care resource
307 and referral agency region.
308 (5) Each regional Warm-Line shall provide assistance and
309 consultation to child care centers and family day care homes
310 regarding health, developmental, disability, and special needs
311 issues of the children they are serving, particularly children
312 with disabilities and other special needs. Regional Warm-Line
313 staff shall provide onsite technical assistance, when requested,
314 to assist child care centers and family day care homes with
315 inquiries relative to the strategies, curriculum, and
316 environmental adaptations the child care centers and family day
317 care homes may need as they serve children with disabilities and
318 other special needs.
319 Section 9. Section 402.3051, Florida Statutes, is
320 transferred, renumbered as section 411.01013, Florida Statutes,
321 and amended to read:
322 (Substantial rewording of section. See
323 s. 402.3051, F.S., for present text.)
324 411.01013 Prevailing market rate schedule.—
325 (1) As used in this section, the term:
326 (a) “Market rate” means the price that a child care
327 provider charges for daily, weekly, or monthly child care
328 services.
329 (b) “Prevailing market rate” means the annually determined
330 75th percentile of a reasonable frequency distribution of the
331 market rate in a predetermined geographic market at which child
332 care providers charge a person for child care services.
333 (2) The Agency for Workforce Innovation shall establish
334 procedures for the adoption of a prevailing market rate
335 schedule. The schedule must include, at a minimum, county-by
336 county rates:
337 (a) At the prevailing market rate, plus the maximum rate
338 for child care providers that hold a Gold Seal Quality Care
339 designation under s. 402.281.
340 (b) At the prevailing market rate for child care providers
341 that do not hold a Gold Seal Quality Care designation.
342 (3) The prevailing market rate schedule, at a minimum,
343 must:
344 (a) Differentiate rates by the type of child care provider,
345 including, but not limited to, a child care facility licensed
346 under s. 402.305, a public or nonpublic school exempt from
347 licensure under s. 402.3025, a faith-based child care facility
348 exempt from licensure under s. 402.316, a large family child
349 care home licensed under s. 402.3131, a family day care home
350 licensed or registered under s. 402.313, or an after-school
351 program that is not defined as child care under rules adopted
352 pursuant to s. 402.3045.
353 (b) Differentiate rates by the type of child care services
354 provided for children with special needs or risk categories,
355 infants, toddlers, preschool-age children, and school-age
356 children.
357 (c) Differentiate rates between full-time and part-time
358 child care services.
359 (d) Consider discounted rates for child care services for
360 multiple children in a single family.
361 (4) The prevailing market rate schedule may not interfere
362 with the parental choice of child care providers under s.
363 411.01, regardless of available funding for the school readiness
364 program. The prevailing market rate schedule must be based
365 exclusively on the prices charged for child care services.
366 (5) The Agency for Workforce Innovation may contract with
367 one or more qualified entities to administer this section and
368 provide support and technical assistance for child care
369 providers.
370 (6) The Agency for Workforce Innovation may adopt rules
371 pursuant to ss. 120.536(1) and 120.54 to administer this
372 section.
373 Section 10. Subsection (1) of section 402.313, Florida
374 Statutes, is amended to read:
375 402.313 Family day care homes.—
376 (1) Family day care homes shall be licensed under this act
377 if they are presently being licensed under an existing county
378 licensing ordinance, if they are participating in the subsidized
379 child care program, or if the board of county commissioners
380 passes a resolution that family day care homes be licensed. If
381 no county authority exists for the licensing of a family day
382 care home, the department shall have the authority to license
383 family day care homes under contract for the purchase-of-service
384 system in the subsidized child care program.
385 (a) If not subject to license, family day care homes shall
386 register annually with the department, providing the following
387 information:
388 1. The name and address of the home.
389 2. The name of the operator.
390 3. The number of children served.
391 4. Proof of a written plan to provide at least one other
392 competent adult to be available to substitute for the operator
393 in an emergency. This plan shall include the name, address, and
394 telephone number of the designated substitute.
395 5. Proof of screening and background checks.
396 6. Proof of successful completion of the 30-hour training
397 course, as evidenced by passage of a competency examination,
398 which shall include:
399 a. State and local rules and regulations that govern child
400 care.
401 b. Health, safety, and nutrition.
402 c. Identifying and reporting child abuse and neglect.
403 d. Child development, including typical and atypical
404 language development; and cognitive, motor, social, and self
405 help skills development.
406 e. Observation of developmental behaviors, including using
407 a checklist or other similar observation tools and techniques to
408 determine a child’s developmental level.
409 f. Specialized areas, including early literacy and language
410 development of children from birth to 5 years of age, as
411 determined by the department, for owner-operators of family day
412 care homes.
413 7. Proof that immunization records are kept current.
414 8. Proof of completion of the required continuing education
415 units or clock hours.
416 (b) A family day care home not participating in the
417 subsidized child care program may volunteer to be licensed under
418 the provisions of this act.
419 (c) The department may provide technical assistance to
420 counties and family day care home providers to enable counties
421 and family day care providers to achieve compliance with family
422 day care homes standards.
423 Section 11. Subsection (3) of section 402.315, Florida
424 Statutes, is amended to read:
425 402.315 Funding; license fees.—
426 (3) The department shall collect a fee for any license it
427 issues for a child care facility pursuant to ss. 402.305,
428 402.313, and 402.3131 s. 402.308.
429 (a) For child care facilities licensed pursuant to s.
430 402.305, such fee shall be $1 per child based on the licensed
431 capacity of the facility, except that the minimum fee shall be
432 $25 per facility center and the maximum fee shall be $100 per
433 facility center.
434 (b) For family day care homes registered pursuant to s.
435 402.313, such fee shall be $25.
436 (c) For family day care homes licensed pursuant to s.
437 402.313, such fee shall be $50.
438 (d) For large family child care homes licensed pursuant to
439 s. 402.3131, such fee shall be $60.
440 Section 12. Subsection (6) of section 402.45, Florida
441 Statutes, is amended to read:
442 402.45 Community resource mother or father program.—
443 (6) Individuals under contract to provide community
444 resource mother or father services shall participate in
445 preservice and ongoing training as determined by the Department
446 of Health in consultation with the Agency for Workforce
447 Innovation State Coordinating Council for School Readiness
448 Programs. A community resource mother or father shall not be
449 assigned a client caseload until all preservice training
450 requirements are completed.
451 Section 13. Paragraph (c) of subsection (5) of section
452 409.1671, Florida Statutes, is amended to read:
453 409.1671 Foster care and related services; outsourcing.—
454 (5)
455 (c) A foster home dually licensed home under this section
456 may shall be dually licensed as a child care facility under
457 chapter 402 and may eligible to receive both an out-of-home care
458 payment and, to the extent permitted under federal law, school
459 readiness funding a subsidized child care payment for the same
460 child pursuant to federal law. The department may adopt
461 administrative rules necessary to administer this paragraph.
462 Section 14. Paragraphs (a), (d), (e), (f), (g), and (h) of
463 subsection (2) and subsections (4) through (11) of section
464 411.01, Florida Statutes, are amended to read:
465 411.01 School readiness programs; early learning
466 coalitions.—
467 (2) LEGISLATIVE INTENT.—
468 (a) The Legislature recognizes that school readiness
469 programs increase children’s chances of achieving future
470 educational success and becoming productive members of society.
471 It is the intent of the Legislature that the programs be
472 developmentally appropriate, research-based, involve the parent
473 parents as a their child’s first teacher, serve as preventive
474 measures for children at risk of future school failure, enhance
475 the educational readiness of eligible children, and support
476 family education. Each school readiness program shall provide
477 the elements necessary to prepare at-risk children for school,
478 including health screening and referral and an appropriate
479 educational program.
480 (d) It is the intent of the Legislature that the
481 administrative staff at the state level for school readiness
482 programs be kept to the minimum necessary to administer the
483 duties of the Agency for Workforce Innovation and early learning
484 coalitions, as the school readiness programs are to be
485 regionally designed, operated, and managed, with the Agency for
486 Workforce Innovation developing school readiness program
487 performance standards and outcome measures and approving and
488 reviewing early learning coalitions and school readiness plans.
489 (e) It is the intent of the Legislature that appropriations
490 for combined school readiness programs shall not be less than
491 the programs would receive in any fiscal year on an uncombined
492 basis.
493 (e)(f) It is the intent of the Legislature that the school
494 readiness program coordinate and operate in conjunction with the
495 district school systems. However, it is also the intent of the
496 Legislature that the school readiness program not be construed
497 as part of the system of free public schools but rather as a
498 separate program for children under the age of kindergarten
499 eligibility, funded separately from the system of free public
500 schools, utilizing a mandatory sliding fee scale, and providing
501 an integrated and seamless system of school readiness services
502 for the state’s birth-to-kindergarten population.
503 (g) It is the intent of the Legislature that the federal
504 child care income tax credit be preserved for school readiness
505 programs.
506 (f)(h) It is the intent of the Legislature that school
507 readiness services shall be an integrated and seamless program
508 system of services with a developmentally appropriate education
509 component for the state’s eligible birth-to-kindergarten
510 population described in subsection (6) and shall not be
511 construed as part of the seamless K-20 education system.
512 (4) AGENCY FOR WORKFORCE INNOVATION.—
513 (a) The Agency for Workforce Innovation shall administer
514 school readiness programs at the state level and shall
515 coordinate with the early learning coalitions in providing
516 school readiness services on a full-day, full-year, full-choice
517 basis to the extent possible in order to enable parents to work
518 and be financially self-sufficient.
519 (b) The Agency for Workforce Innovation shall:
520 1. Coordinate the birth-to-kindergarten services for
521 children who are eligible under subsection (6) and the
522 programmatic, administrative, and fiscal standards under this
523 section for all public providers of school readiness programs.
524 2. Continue to provide unified leadership for school
525 readiness through early learning coalitions.
526 2.3. Focus on improving the educational quality of all
527 program providers participating in publicly funded school
528 readiness programs.
529 (c) For purposes of administration of the federal Child
530 Care and Development Fund, 45 C.F.R. parts 98 and 99, the Agency
531 for Workforce Innovation is may be designated by the Governor as
532 the lead agency and, if so designated, shall comply with the
533 lead agency responsibilities under federal law.
534 (d) The Agency for Workforce Innovation shall:
535 1. Be responsible for the prudent use of all public and
536 private funds in accordance with all legal and contractual
537 requirements.
538 2. Provide final approval and biannually periodic review of
539 early learning coalitions and school readiness plans.
540 3. Establish Provide leadership for the enhancement of
541 school readiness in this state by aggressively establishing a
542 unified approach to the state’s efforts toward enhancement of
543 school readiness. In support of this effort, the Agency for
544 Workforce Innovation may adopt develop and implement specific
545 system support service strategies that address the state’s
546 school readiness programs. An early learning coalition shall
547 amend its school readiness plan to conform to the specific
548 system support service strategies adopted by the Agency for
549 Workforce Innovation. System support services shall include, but
550 are not limited to:
551 a. Child care resource and referral services;
552 b. Warm-Line services;
553 c. Eligibility determinations;
554 d. Child performance standards;
555 e. Child screening and assessment;
556 f. Developmentally appropriate curricula;
557 g. Health and safety requirements;
558 h. Statewide data system requirements; and
559 i. Rating and improving systems.
560 4. Safeguard the effective use of federal, state, local,
561 and private resources to achieve the highest possible level of
562 school readiness for the children in this state.
563 5. Adopt a rule establishing criteria for the expenditure
564 of funds designated for the purpose of funding activities to
565 improve the quality of child care within the state in accordance
566 with s. 658G of the federal Child Care and Development Block
567 Grant. The rule shall establish criteria by which coalitions may
568 implement locally developed quality programs. Before
569 implementing a locally developed quality program, the rule shall
570 require that a coalition demonstrate that it has solicited and
571 received comments regarding the proposed quality program from
572 the local community and that implementation of the locally
573 developed quality program conforms to the coalition’s school
574 readiness plan.
575 6.5. Provide technical assistance to early learning
576 coalitions in a manner determined by the Agency for Workforce
577 Innovation based upon information obtained by the agency from
578 any of the following sources, including, but not limited to,
579 public input, government reports, private interest group
580 reports, agency monitoring visits, and coalition requests for
581 service.
582 6. Assess gaps in service.
583 7. Provide technical assistance to counties that form a
584 multicounty region served by an early learning coalition.
585 7.8. Develop and adopt performance standards and outcome
586 measures for school readiness programs. The performance
587 standards must address the age-appropriate progress of children
588 in the development of the school readiness skills required under
589 paragraph (j). The performance standards for children from birth
590 to 5 3 years of age in school readiness programs must be
591 integrated with the performance standards adopted by the
592 Department of Education for children in the Voluntary
593 Prekindergarten Education Program under s. 1002.67.
594 (e) The Agency for Workforce Innovation may adopt rules
595 under ss. 120.536(1) and 120.54 to administer the provisions of
596 law conferring duties upon the agency, including, but not
597 limited to, rules governing the administration of system support
598 services preparation and implementation of the school readiness
599 programs system, the collection of data, the approval of early
600 learning coalitions and school readiness plans, the provision of
601 a method whereby an early learning coalition may serve two or
602 more counties, the award of incentives to early learning
603 coalitions, child performance standards, child outcome measures,
604 and the issuance of waivers, and the implementation of the
605 federal Child Care and Development Fund Plan.
606 (f) The Agency for Workforce Innovation shall have all
607 powers necessary to administer this section, including, but not
608 limited to, the power to receive and accept grants, loans, or
609 advances of funds from any public or private agency and to
610 receive and accept from any source contributions of money,
611 property, labor, or any other thing of value, to be held, used,
612 and applied for purposes of this section.
613 (g) Except as provided by law, the Agency for Workforce
614 Innovation may not impose requirements on a child care or early
615 childhood education provider that does not deliver services
616 under the a school readiness programs program or receive state
617 or federal funds under this section.
618 (h) The Agency for Workforce Innovation shall have a budget
619 for the school readiness programs system, which shall be
620 financed through an annual appropriation made for purposes of
621 this section in the General Appropriations Act.
622 (i) The Agency for Workforce Innovation shall coordinate
623 the efforts toward school readiness in this state and provide
624 independent policy analyses, data analyses, and recommendations
625 to the Governor, the State Board of Education, and the
626 Legislature.
627 (j) The Agency for Workforce Innovation shall require that
628 each early learning coalition’s school readiness programs
629 program must, at a minimum, enhance the age-appropriate progress
630 of each child in attaining the performance standards adopted
631 under subparagraph (d)7. and in the development of the following
632 school readiness skills:
633 1. Compliance with rules, limitations, and routines.
634 2. Ability to perform tasks.
635 3. Interactions with adults.
636 4. Interactions with peers.
637 5. Ability to cope with challenges.
638 6. Self-help skills.
639 7. Ability to express the child’s needs.
640 8. Verbal communication skills.
641 9. Problem-solving skills.
642 10. Following of verbal directions.
643 11. Demonstration of curiosity, persistence, and
644 exploratory behavior.
645 12. Interest in books and other printed materials.
646 13. Paying attention to stories.
647 14. Participation in art and music activities.
648 15. Ability to identify colors, geometric shapes, letters
649 of the alphabet, numbers, and spatial and temporal
650 relationships.
651
652 Within 30 days after enrollment The Agency for Workforce
653 Innovation shall also require that, before a child is enrolled
654 in the an early learning coalition’s school readiness program,
655 the early learning coalition must obtain, or ensure that the
656 programs provider obtains, information is obtained by the
657 coalition or the school readiness provider regarding the child’s
658 immunizations, physical development, and other health
659 requirements as necessary, including appropriate vision and
660 hearing screening and examinations.
661 (k) The Agency for Workforce Innovation shall conduct
662 studies and planning activities related to the overall
663 improvement and effectiveness of the outcome measures adopted by
664 the agency for school readiness programs and the specific system
665 support service strategies to address the state’s school
666 readiness programs adopted by the Agency for Workforce
667 Innovation in accordance with subparagraph (d)3.
668 (l) The Agency for Workforce Innovation shall monitor and
669 evaluate the performance of each early learning coalition in
670 administering the school readiness program, implementing the
671 coalition’s school readiness plan, and administering the
672 Voluntary Prekindergarten Education Program. These monitoring
673 and performance evaluations must include, at a minimum, onsite
674 monitoring of each coalition’s finances, management, operations,
675 and programs.
676 (m) The Agency for Workforce Innovation shall identify best
677 practices of early learning coalitions in order to improve the
678 outcomes of school readiness programs.
679 (m)(n) The Agency for Workforce Innovation shall submit an
680 annual report of its activities conducted under this section to
681 the Governor, the executive director of the Florida Healthy Kids
682 Corporation, the President of the Senate, the Speaker of the
683 House of Representatives, and the minority leaders of both
684 houses of the Legislature. In addition, the Agency for Workforce
685 Innovation’s reports and recommendations shall be made available
686 to the State Board of Education, the Florida Early Learning
687 Advisory Council and, other appropriate state agencies and
688 entities, district school boards, central agencies, and county
689 health departments. The annual report must provide an analysis
690 of school readiness activities across the state, including the
691 number of children who were served in the programs.
692 (n)(o) The Agency for Workforce Innovation shall work with
693 the early learning coalitions to ensure availability of training
694 and support for parent increase parents’ training for and
695 involvement in their children’s early preschool education and to
696 provide family literacy activities and services programs.
697 (5) CREATION OF EARLY LEARNING COALITIONS.—
698 (a) Early learning coalitions.—
699 1. The Agency for Workforce Innovation shall establish the
700 minimum number of children to be served by each early learning
701 coalition through the coalition’s school readiness program. The
702 Agency for Workforce Innovation may only approve school
703 readiness plans in accordance with this minimum number. The
704 minimum number must be uniform for every early learning
705 coalition and must:
706 a. Permit 20 30 or fewer coalitions to be established; and
707 b. Require each coalition to serve at least 3,000 2,000
708 children based upon the average number of all children served
709 per month through the coalition’s school readiness program
710 during the previous 12 months.
711
712 The Agency for Workforce Innovation shall adopt procedures for
713 merging early learning coalitions, including procedures for the
714 consolidation of merging coalitions, and for the early
715 termination of the terms of coalition members which are
716 necessary to accomplish the mergers. Each early learning
717 coalition must comply with the merger procedures and shall be
718 organized in accordance with this subparagraph by July 1, 2010
719 April 1, 2005. By October 1, 2010 June 30, 2005, each coalition
720 must complete the transfer of powers, duties, functions, rules,
721 records, personnel, property, and unexpended balances of
722 appropriations, allocations, and other funds to the successor
723 coalition, if applicable. In addition, each coalition must make
724 accommodations for the transfer or discharge of all contractual
725 obligations.
726 2. If an early learning coalition would serve fewer
727 children than the minimum number established under subparagraph
728 1., the coalition must merge with another county to form a
729 multicounty coalition. However, the Agency for Workforce
730 Innovation may authorize an early learning coalition to serve
731 fewer children than the minimum number established under
732 subparagraph 1., if:
733 a. The coalition demonstrates to the Agency for Workforce
734 Innovation that merging with another county or multicounty
735 region contiguous to the coalition would cause an extreme
736 hardship on the coalition;
737 b. The Agency for Workforce Innovation has determined
738 during the most recent annual review of the coalition’s school
739 readiness plan, or through monitoring and performance
740 evaluations conducted under paragraph (4)(l), that the coalition
741 has substantially implemented its plan and substantially met the
742 performance standards and outcome measures adopted by the
743 agency; and
744 c. The coalition demonstrates to the Agency for Workforce
745 Innovation the coalition’s ability to effectively and
746 efficiently implement the Voluntary Prekindergarten Education
747 Program.
748
749 If an early learning coalition fails or refuses to merge as
750 required by this subparagraph, the Agency for Workforce
751 Innovation may dissolve the coalition and temporarily contract
752 with a qualified entity to continue school readiness and
753 prekindergarten services in the coalition’s county or
754 multicounty region until the agency reestablishes the coalition
755 and a new is reestablished through resubmission of a school
756 readiness plan has been approved and approval by the agency.
757 3. Notwithstanding the provisions of subparagraphs 1. and
758 2., the early learning coalitions in Sarasota, Osceola, and
759 Santa Rosa Counties which were in operation on January 1, 2005,
760 are established and authorized to continue operation as
761 independent coalitions, and shall not be counted within the
762 limit of 30 coalitions established in subparagraph 1.
763 3.4. Each early learning coalition shall be composed of at
764 least 15 18 members but not more than 25 35 members and not more
765 than 18 voting members. The Agency for Workforce Innovation
766 shall adopt standards establishing within this range the minimum
767 and maximum number of members that may be appointed to an early
768 learning coalition. These standards must include variations for
769 a coalition serving a multicounty region. Each early learning
770 coalition must comply with these standards.
771 4.5. The Governor shall appoint the chair and two other
772 members of each early learning coalition, who must each meet the
773 same qualifications as private sector business members appointed
774 by the coalition under subparagraph 7.
775 5.6. Each early learning coalition must include the
776 following members:
777 a. A Department of Children and Family Services district
778 administrator or his or her designee who is authorized to make
779 decisions on behalf of the department.
780 b. A district superintendent of schools or his or her
781 designee who is authorized to make decisions on behalf of the
782 district, who shall be a nonvoting member.
783 c. A regional workforce board executive director or his or
784 her designee, who shall be a nonvoting member.
785 d. A county health department director or his or her
786 designee.
787 d.e. A children’s services council or juvenile welfare
788 board chair or executive director, if applicable, who shall be a
789 nonvoting member if the council or board is the fiscal agent of
790 the coalition or if the council or board contracts with and
791 receives funds from the coalition for any purpose other than
792 rent.
793 e.f. An agency head of a local licensing agency as defined
794 in s. 402.302, where applicable.
795 f.g. A president of a community college or his or her
796 designee.
797 h. One member appointed by a board of county commissioners.
798 i. A central agency administrator, where applicable, who
799 shall be a nonvoting member.
800 g.j. A Head Start director, who shall be a nonvoting
801 member.
802 h.k. A representative of private child care providers,
803 including family day care homes, who shall be a nonvoting
804 member.
805 i.l. A representative of faith-based child care providers,
806 who shall be a nonvoting member.
807 j.m. A representative of programs for children with
808 disabilities under the federal Individuals with Disabilities
809 Education Act, who shall be a nonvoting member.
810 6.7. Including the chair members appointed by the Governor
811 under subparagraph 5., more than one-third of the members of
812 each early learning coalition must be private sector business
813 members who do not have, and none of whose relatives as defined
814 in s. 112.3143 has, a substantial financial interest in the
815 design or delivery of the Voluntary Prekindergarten Education
816 Program created under part V of chapter 1002 or the coalition’s
817 school readiness program. To meet this requirement an early
818 learning coalition must appoint additional members from a list
819 of nominees submitted to the coalition by a chamber of commerce
820 or economic development council within the geographic region
821 served by the coalition. The Agency for Workforce Innovation
822 shall establish criteria for appointing private sector business
823 members. These criteria must include standards for determining
824 whether a member or relative has a substantial financial
825 interest in the design or delivery of the Voluntary
826 Prekindergarten Education Program or the coalition’s school
827 readiness program.
828 7.8. A majority of the voting membership of an early
829 learning coalition constitutes a quorum required to conduct the
830 business of the coalition. An early learning coalition board may
831 use any method of telecommunications to conduct meetings,
832 including establishing a quorum through telecommunications,
833 provided that the public is given proper notice of a
834 telecommunications meeting and reasonable access to observe and,
835 when appropriate, participate.
836 8.9. A voting member of an early learning coalition may not
837 appoint a designee to act in his or her place, except as
838 otherwise provided in this paragraph. A voting member may send a
839 representative to coalition meetings, but that representative
840 does not have voting privileges. When a district administrator
841 for the Department of Children and Family Services appoints a
842 designee to an early learning coalition, the designee is the
843 voting member of the coalition, and any individual attending in
844 the designee’s place, including the district administrator, does
845 not have voting privileges.
846 9.10. Each member of an early learning coalition is subject
847 to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
848 112.3143(3)(a), each voting member is a local public officer who
849 must abstain from voting when a voting conflict exists.
850 10.11. For purposes of tort liability, each member or
851 employee of an early learning coalition shall be governed by s.
852 768.28.
853 11.12. An early learning coalition serving a multicounty
854 region must include representation from each county.
855 12.13. Each early learning coalition shall establish terms
856 for all appointed members of the coalition. The terms must be
857 staggered and must be a uniform length that does not exceed 4
858 years per term. Coalition chairs shall be appointed for 4 years
859 in conjunction with their membership of the Early Learning
860 Advisory Council under s. 20.052. Appointed members may serve a
861 maximum of two consecutive terms. When a vacancy occurs in an
862 appointed position, the coalition must advertise the vacancy.
863 (b) Program participation.—The school readiness program
864 shall be established for children from birth to the beginning of
865 the school year for which a child is eligible for admission to
866 kindergarten in a public school under s. 1003.21(1)(a)2. The
867 program shall be administered by the early learning coalition.
868 Within funding limitations, the early learning coalition, along
869 with all providers, shall make reasonable efforts to accommodate
870 the needs of children for extended-day and extended-year
871 services without compromising the quality of the program.
872 (b) Limitation.—Except as provided by law, the early
873 learning coalitions may not impose requirements on a child care
874 or early childhood education provider that does not deliver
875 services under the school readiness programs or receive state,
876 federal, required maintenance of effort, or matching funds under
877 this section.
878 (c) Program expectations.—
879 1. The school readiness program must meet the following
880 expectations:
881 a. The program must, at a minimum, enhance the age
882 appropriate progress of each child in attaining the development
883 of the school readiness skills required under paragraph (4)(j),
884 as measured by the performance standards and outcome measures
885 adopted by the Agency for Workforce Innovation.
886 b. The program must provide extended-day and extended-year
887 services to the maximum extent possible without compromising the
888 quality of the program to meet the needs of parents who work.
889 c. There must be coordinated staff development and teaching
890 opportunities.
891 d. There must be expanded access to community services and
892 resources for families to help achieve economic self
893 sufficiency.
894 e. There must be a single point of entry and unified
895 waiting list. As used in this sub-subparagraph, the term “single
896 point of entry” means an integrated information system that
897 allows a parent to enroll his or her child in the school
898 readiness program at various locations throughout a the county
899 or multicounty region served by an early learning coalition,
900 that may allow a parent to enroll his or her child by telephone
901 or through an Internet website, and that uses a unified waiting
902 list to track eligible children waiting for enrollment in the
903 school readiness program. The Agency for Workforce Innovation
904 shall establish through technology a single statewide
905 information system that each coalition must use for the purposes
906 of managing the integrates each early learning coalition’s
907 single point of entry, tracking children’s progress,
908 coordinating services among stakeholders, determining
909 eligibility, tracking child attendance, and streamlining
910 administrative processes for providers and early learning
911 coalitions and each coalition must use the statewide system.
912 f. The Agency for Workforce Innovation must consider the
913 access of eligible children to the school readiness program, as
914 demonstrated in part by waiting lists, before approving a
915 proposed increase in payment rates submitted by an early
916 learning coalition. In addition, early learning coalitions shall
917 use school readiness funds made available due to enrollment
918 shifts from school readiness programs to the Voluntary
919 Prekindergarten Education Program for increasing the number of
920 children served in school readiness programs before increasing
921 payment rates.
922 g. There must be a community plan to address the needs of
923 all eligible children.
924 g.h. The program must meet all state licensing guidelines,
925 where applicable.
926 h. The program must ensure that minimum standards for child
927 discipline practices are age appropriate. Pursuant to s.
928 402.305(12), such standards must provide that children not be
929 subjected to discipline that is severe, humiliating, or
930 frightening and may not be associated with food, rest, or
931 toileting. Spanking or any other form of physical punishment is
932 prohibited.
933 2. Each The early learning coalition must implement a
934 comprehensive program of school readiness services in accordance
935 with the rules adopted by the agency which that enhance the
936 cognitive, social, and physical development of children to
937 achieve the performance standards and outcome measures adopted
938 by the agency for Workforce Innovation. At a minimum, these
939 programs must contain the following system support service
940 elements:
941 a. Developmentally appropriate curriculum designed to
942 enhance the age-appropriate progress of children in attaining
943 the performance standards adopted by the Agency for Workforce
944 Innovation under subparagraph (4)(d)7. (4)(d)8.
945 b. A character development program to develop basic values.
946 c. An age-appropriate screening assessment of each child’s
947 development.
948 d. An age-appropriate assessment A pretest administered to
949 children when they enter a program and an age-appropriate
950 assessment a posttest administered to children when they leave
951 the program.
952 e. An appropriate staff-to-children ratio, pursuant to s.
953 402.305(4) or s. 402.302(7) or (8), as applicable, and as
954 verified pursuant to s. 402.311.
955 f. A healthy and safe environment.
956 g. A resource and referral network established under s.
957 411.0101 to assist parents in making an informed choice and a
958 regional Warm-Line under s. 411.01015.
959 (d) Implementation.—
960 1. An early learning coalition may not implement the school
961 readiness program until the coalition is authorized through
962 approval of the coalition’s school readiness plan by the Agency
963 for Workforce Innovation.
964 2. Each early learning coalition shall coordinate with one
965 another to implement a comprehensive program of school readiness
966 services which enhances the cognitive, social, physical, and
967 moral character of the children to achieve the performance
968 standards and outcome measures, helps families achieve economic
969 self sufficiency, and reduces agency duplication. Such program
970 must contain, at a minimum, the following elements: develop a
971 plan for implementing
972 a. Implement the school readiness program to meet the
973 requirements of this section and the system support services
974 performance standards and outcome measures adopted by the Agency
975 for Workforce Innovation.
976 b. The plan must Demonstrate how the program will ensure
977 that each 3-year-old and 4-year-old child from birth through 5
978 years of age in a publicly funded school readiness program
979 receives scheduled activities and instruction designed to
980 enhance the age-appropriate progress of the children in
981 attaining the performance standards adopted by the Agency for
982 Workforce Innovation under subparagraph (4)(d)7. (4)(d)8.
983
984 Before implementing the school readiness program, the early
985 learning coalition must submit the plan to the Agency for
986 Workforce Innovation for approval. The Agency for Workforce
987 Innovation may approve the plan, reject the plan, or approve the
988 plan with conditions. The Agency for Workforce Innovation shall
989 review school readiness plans at least biannually annually.
990 3. If the Agency for Workforce Innovation determines during
991 the annual review of school readiness plans, or through
992 monitoring and performance evaluations conducted under paragraph
993 (4)(l), that an early learning coalition has not substantially
994 implemented its plan, has not substantially met the performance
995 standards and outcome measures adopted by the agency, or has not
996 effectively administered the school readiness program or
997 Voluntary Prekindergarten Education Program, the Agency for
998 Workforce Innovation may dissolve the coalition and temporarily
999 contract with a qualified entity to continue school readiness
1000 and prekindergarten services in the coalition’s county or
1001 multicounty region until the agency reestablishes the coalition
1002 and a new the coalition is reestablished through resubmission of
1003 a school readiness plan has been approved in accordance with the
1004 rules adopted and approval by the agency.
1005 4. The Agency for Workforce Innovation shall adopt rules
1006 establishing criteria for the approval of school readiness
1007 plans. The criteria must be consistent with the system support
1008 services, performance standards, and outcome measures adopted by
1009 the agency and must require each approved plan to include the
1010 following minimum standards and provisions for the school
1011 readiness program:
1012 a. A community plan that addresses the needs of all
1013 children and providers within the coalition’s county or
1014 multicounty region.
1015 b.a. A sliding fee scale establishing a copayment for
1016 parents based upon their ability to pay, which is the same for
1017 all program providers, to be implemented and reflected in each
1018 program’s budget.
1019 c.b. A choice of settings and locations in licensed,
1020 registered, religious-exempt, or school-based programs to be
1021 provided to parents.
1022 d.c. Instructional staff who have completed the training
1023 course as required in s. 402.305(2)(d)1., s. 402.313(1)(a)6., or
1024 s. 402.3131(3), as applicable, as well as requirements for staff
1025 who have additional training or credentials pursuant to s.
1026 402.305 as required by the Agency for Workforce Innovation. The
1027 rules plan must provide a method for assuring the qualifications
1028 of all personnel in all program settings in collaboration with
1029 the Department of Children and Family Services.
1030 e.d. Specific eligibility priorities for children within
1031 the early learning coalition’s county or multicounty region in
1032 accordance with subsection (6).
1033 f.e. Performance standards and outcome measures adopted by
1034 the Agency for Workforce Innovation.
1035 g.f. The adoption of payment rates that adopted by the
1036 early learning coalition and approved by the Agency for
1037 Workforce Innovation. Payment rates may not have the effect of
1038 limiting parental choice or creating standards or levels of
1039 services that have not been authorized by the Legislature or
1040 Federal Government.
1041 g. Systems support services, including a central agency,
1042 child care resource and referral, eligibility determinations,
1043 training of providers, and parent support and involvement.
1044 h. Direct enhancement services for to families and
1045 children. System support and direct enhancement services shall
1046 be in addition to payments for the placement of children in
1047 school readiness programs. Direct enhancement services for
1048 families may include parent training and involvement activities
1049 and strategies to meet the needs of unique populations and local
1050 eligibility priorities. Enhancement services for children may
1051 include provider supports and professional development approved
1052 in their plan by the Agency for Workforce Innovation.
1053 i. The business organization of the early learning
1054 coalition, which must include the coalition’s articles of
1055 incorporation and bylaws if the coalition is organized as a
1056 corporation. If the coalition is not organized as a corporation
1057 or other business entity, the plan must include the contract
1058 with a fiscal agent. An early learning coalition may contract
1059 with other coalitions to achieve efficiency in multicounty
1060 services, and these contracts may be part of the coalition’s
1061 school readiness plan.
1062 j. The implementation of locally developed quality programs
1063 in accordance with the requirements adopted by the agency under
1064 s. 411.01(4)(d)5.
1065 j. Strategies to meet the needs of unique populations, such
1066 as migrant workers.
1067
1068 As part of the school readiness plan, The Agency for Workforce
1069 Innovation early learning coalition may request the Governor to
1070 apply for a waiver to allow the coalition to administer the Head
1071 Start Program to accomplish the purposes of the school readiness
1072 program. If a school readiness plan demonstrates that specific
1073 statutory goals can be achieved more effectively by using
1074 procedures that require modification of existing rules,
1075 policies, or procedures, a request for a waiver to the Agency
1076 for Workforce Innovation may be submitted as part of the plan.
1077 Upon review, the Agency for Workforce Innovation may grant the
1078 proposed modification.
1079 5. Persons with an early childhood teaching certificate may
1080 provide support and supervision to other staff in the school
1081 readiness program.
1082 6. An early learning coalition may not implement its school
1083 readiness plan until it submits the plan to and receives
1084 approval from the Agency for Workforce Innovation. Once the plan
1085 is approved, the plan and the services provided under the plan
1086 shall be controlled by the early learning coalition. The plan
1087 shall be reviewed and revised as necessary, but at least
1088 biennially. An early learning coalition may not implement the
1089 revisions until the coalition submits the revised plan to and
1090 receives approval from the Agency for Workforce Innovation. If
1091 the Agency for Workforce Innovation rejects a revised plan, the
1092 coalition must continue to operate under its prior approved
1093 plan.
1094 7. Sections 125.901(2)(a)3., 411.221, and 411.232 do not
1095 apply to an early learning coalition with an approved school
1096 readiness programs plan. The Agency for Workforce Innovation To
1097 facilitate innovative practices and to allow the regional
1098 establishment of school readiness programs, an early learning
1099 coalition may apply to the Governor and Cabinet for a waiver of,
1100 and the Governor and Cabinet may waive, any of the provisions of
1101 ss. 411.223, 411.232, and 1003.54, if the waiver is necessary
1102 for implementation of the coalition’s school readiness programs
1103 plan.
1104 8. Two or more coalitions counties may join for purposes of
1105 planning and implementing a school readiness program.
1106 9. An early learning coalition may, subject to approval by
1107 The Agency for Workforce Innovation as part of the coalition’s
1108 school readiness plan, receive subsidized child care funds for
1109 all children eligible for any federal subsidized child care
1110 program.
1111 10. An early learning coalition may enter into multiparty
1112 contracts with multicounty service providers in order to meet
1113 the needs of unique populations such as migrant workers.
1114 (e) Requests for proposals; payment schedule.—
1115 1. Each early learning coalition must comply with the
1116 procurement and expenditure procedures adopted by the Agency for
1117 Workforce Innovation, including, but not limited to, applying
1118 the procurement and expenditure procedures required by federal
1119 law for the expenditure of federal funds s. 287.057 for the
1120 procurement of commodities or contractual services from the
1121 funds described in paragraph (9)(d). The period of a contract
1122 for purchase of these commodities or contractual services,
1123 together with any renewal of the original contract, may not
1124 exceed 3 years.
1125 2. Each early learning coalition shall adopt a payment
1126 schedule that encompasses all programs funded by the coalition
1127 under this section. The payment schedule must take into
1128 consideration the prevailing relevant market rate schedule
1129 adopted under s. 411.01013, must include the projected number of
1130 children to be served, and must be submitted for approval by the
1131 Agency for Workforce Innovation. An early learning coalition may
1132 not plan, devise, or implement any process that differentiates
1133 payment rates, except for the processes under s. 411.01013. The
1134 payment rate for an informal child care arrangement may not
1135 exceed arrangements shall be reimbursed at not more than 50
1136 percent of the rate adopted developed for a family day care
1137 home.
1138 (f) Requirements relating to fiscal agents.—If an early
1139 learning coalition is not legally organized as a corporation or
1140 other business entity, the coalition must designate a fiscal
1141 agent, which may be a public entity, a private nonprofit
1142 organization, or a certified public accountant who holds a
1143 license under chapter 473. The fiscal agent must provide
1144 financial and administrative services under a contract with the
1145 early learning coalition. The fiscal agent may not provide
1146 direct early childhood education or child care services;
1147 however, a fiscal agent may provide those services upon written
1148 request of the early learning coalition to the Agency for
1149 Workforce Innovation and upon the approval of the request by the
1150 agency. The cost of the financial and administrative services
1151 shall be negotiated between the fiscal agent and the early
1152 learning coalition. If the fiscal agent is a provider of early
1153 childhood education and child care programs, the contract must
1154 specify that the fiscal agent shall act on policy direction from
1155 the early learning coalition and must not receive policy
1156 direction from its own corporate board regarding disbursal of
1157 the coalition’s funds. The fiscal agent shall disburse funds in
1158 accordance with the early learning coalition’s approved school
1159 readiness plan and based on billing and disbursement procedures
1160 approved by the Agency for Workforce Innovation. The fiscal
1161 agent must conform to all data-reporting requirements
1162 established by the Agency for Workforce Innovation.
1163 (f)(g) Evaluation and annual report.—Each early learning
1164 coalition shall conduct an evaluation of its implementation the
1165 effectiveness of the school readiness program, including system
1166 support services, performance standards, and outcome measures,
1167 and shall provide an annual report and fiscal statement to the
1168 Agency for Workforce Innovation. This report must also include
1169 an evaluation of the effectiveness of its direct enhancement
1170 services and conform to the content and format specifications
1171 adopted set by the Agency for Workforce Innovation. The Agency
1172 for Workforce Innovation must include an analysis of the early
1173 learning coalitions’ reports in the agency’s annual report.
1174 (6) PROGRAM ELIGIBILITY.—The Each early learning
1175 coalition’s school readiness program is shall be established for
1176 children from birth to the beginning of the school year for
1177 which a child is eligible for admission to kindergarten in a
1178 public school under s. 1003.21(1)(a)2. or who are eligible for
1179 any federal subsidized child care program. Each early learning
1180 coalition shall give priority for participation in the school
1181 readiness program as follows:
1182 (a) Priority shall be given first to a child from a family
1183 in which there is an adult receiving temporary cash assistance
1184 who is subject to federal work requirements.
1185 (b) Priority shall be given next to a child who is eligible
1186 for a school readiness program but who has not yet entered
1187 children age 3 years to school, entry who is are served by the
1188 Family Safety Program Office of the Department of Children and
1189 Family Services or a community-based lead agency under chapter
1190 39 or chapter 409, and for whom child care is needed to minimize
1191 risk of further abuse, neglect, or abandonment.
1192 (c) Subsequent priority shall be given to a child Other
1193 eligible populations include children who meets meet one or more
1194 of the following criteria:
1195 1.(a) A child who is younger than Children under the age of
1196 kindergarten eligibility and who are:
1197 1. Children determined to be at risk of abuse, neglect, or
1198 exploitation who are currently clients of the Family Safety
1199 Program Office of the Department of Children and Family
1200 Services, but who are not otherwise given priority under this
1201 subsection.
1202 a.2. Is Children at risk of welfare dependency, including
1203 an economically disadvantaged child children, a child children
1204 of a participant participants in the welfare transition program,
1205 a child of a migratory agricultural worker children of migrant
1206 farmworkers, or a child and children of a teen parent parents.
1207 b.3. Is a member Children of a working family that is
1208 economically disadvantaged families whose family income does not
1209 exceed 150 percent of the federal poverty level.
1210 c.4. Children For whom financial assistance is provided
1211 through the state is paying a Relative Caregiver Program payment
1212 under s. 39.5085.
1213 2.(b) A 3-year-old child or Three-year-old children and 4
1214 year-old child children who may not be economically
1215 disadvantaged but who has a disability; has have disabilities,
1216 have been served in a specific part-time exceptional education
1217 program or a combination of part-time exceptional education
1218 programs with required special services, aids, or equipment;,
1219 and was were previously reported for funding part time under
1220 with the Florida Education Finance Program as an exceptional
1221 student students.
1222 3.(c) An economically disadvantaged child children, a child
1223 children with a disability disabilities, or a child and children
1224 at risk of future school failure, from birth to 4 years of age,
1225 who is are served at home through a home visitor program
1226 programs and an intensive parent education program programs.
1227 4.(d) A child Children who meets meet federal and state
1228 eligibility requirements for the migrant preschool program but
1229 who is do not meet the criteria of economically disadvantaged.
1230
1231 As used in this paragraph subsection, the term “economically
1232 disadvantaged” child means having a child whose family income
1233 that does not exceed 150 percent of the federal poverty level.
1234 Notwithstanding any change in a family’s economic status, but
1235 subject to additional family contributions in accordance with
1236 the sliding fee scale, a child who meets the eligibility
1237 requirements upon initial registration for the program remains
1238 eligible until the beginning of the school year for which the
1239 child is eligible for admission to kindergarten in a public
1240 school under s. 1003.21(1)(a)2.
1241 (7) PARENTAL CHOICE.—
1242 (a) As used in this subsection, the term “payment
1243 certificate” means a child care certificate as defined in 45
1244 C.F.R. s. 98.2.
1245 (b) The school readiness program shall, in accordance with
1246 45 C.F.R. s. 98.30, provide parental choice through a payment
1247 certificate purchase service order that ensures, to the maximum
1248 extent possible, flexibility in the school readiness program
1249 programs and payment arrangements. According to federal
1250 regulations requiring parental choice, a parent may choose an
1251 informal child care arrangement. The payment certificate
1252 purchase order must bear the names name of the beneficiary and
1253 the program provider and, when redeemed, must bear the
1254 signatures signature of both the beneficiary and an authorized
1255 representative of the provider.
1256 (c)(b) If it is determined that a provider has given
1257 provided any cash to the beneficiary in return for receiving a
1258 payment certificate the purchase order, the early learning
1259 coalition or its fiscal agent shall refer the matter to the
1260 Division of Public Assistance Fraud for investigation.
1261 (d)(c) The office of the Chief Financial Officer shall
1262 establish an electronic transfer system for the disbursement of
1263 funds in accordance with this subsection. Each early learning
1264 coalition shall fully implement the electronic funds transfer
1265 system within 2 years after approval of the coalition’s school
1266 readiness plan, unless a waiver is obtained from the Agency for
1267 Workforce Innovation.
1268 (8) STANDARDS; OUTCOME MEASURES.—A program provider
1269 participating in the All school readiness program programs must
1270 meet the performance standards and outcome measures adopted by
1271 the Agency for Workforce Innovation.
1272 (9) FUNDING; SCHOOL READINESS PROGRAM.—
1273 (a) It is the intent of this section to establish an
1274 integrated and quality seamless service delivery system for all
1275 publicly funded early childhood education and child care
1276 programs operating in this state.
1277 (b)1. The Agency for Workforce Innovation shall administer
1278 school readiness funds, plans, and policies and shall prepare
1279 and submit a unified budget request for the school readiness
1280 system in accordance with chapter 216.
1281 2. All instructions to early learning coalitions for
1282 administering this section shall emanate from the Agency for
1283 Workforce Innovation in accordance with the policies of the
1284 Legislature.
1285 (c) The Agency for Workforce Innovation, subject to
1286 legislative notice and review under s. 216.177, shall establish
1287 recommend a formula for the allocation among the early learning
1288 coalitions of all state and federal school readiness funds
1289 provided for children participating in the public or private
1290 school readiness program, whether served by a public or private
1291 provider, programs based upon equity for each county and
1292 performance. The allocation formula must be submitted to the
1293 Governor, the chair of the Senate Ways and Means Committee or
1294 its successor, and the chair of the House of Representatives
1295 Fiscal Council or its successor no later than January 1 of each
1296 year. If the Legislature specifies shall specify in the annual
1297 General Appropriations Act any changes to from the allocation
1298 formula, methodology for the prior fiscal year which must be
1299 used by the Agency for Workforce Innovation shall allocate funds
1300 as specified in allocating the appropriations provided in the
1301 General Appropriations Act.
1302 (d) All state, federal, and required local maintenance-of
1303 effort, or matching funds provided to an early learning
1304 coalition for purposes of this section shall be used by the
1305 coalition for implementation of its approved school readiness
1306 plan, including the hiring of staff to effectively operate the
1307 coalition’s school readiness program. As part of plan approval
1308 and periodic plan review, The Agency for Workforce Innovation
1309 shall require that administrative costs be kept to the minimum
1310 necessary for efficient and effective administration of the
1311 school readiness plan, but total administrative expenditures
1312 must not exceed 5 percent unless specifically waived by the
1313 Agency for Workforce Innovation. The Agency for Workforce
1314 Innovation shall annually report to the Legislature any problems
1315 relating to administrative costs.
1316 (e) The Agency for Workforce Innovation shall annually
1317 distribute, to a maximum extent practicable, all eligible funds
1318 provided under this section as block grants to the early
1319 learning coalitions in accordance with the terms and conditions
1320 specified by the agency.
1321 (f) State funds appropriated for the school readiness
1322 program may not be used for the construction of new facilities
1323 or the purchase of buses. The Agency for Workforce Innovation
1324 shall present to the Legislature recommendations for providing
1325 necessary transportation services for school readiness programs.
1326 (g) All cost savings and all revenues received through a
1327 mandatory sliding fee scale shall be used to help fund each
1328 early learning coalition’s school readiness program.
1329 (10) CONFLICTING PROVISIONS.—If In the event of a conflict
1330 exists between this section and federal requirements, the
1331 federal requirements shall control.
1332 (11) PLACEMENTS.—Notwithstanding any other provision of
1333 this section to the contrary, the first children to be placed in
1334 the school readiness program shall be those from families
1335 receiving temporary cash assistance and subject to federal work
1336 requirements. Subsequent placements shall be made in accordance
1337 with subsection (6).
1338 Section 15. Section 411.0101, Florida Statutes, is amended
1339 to read:
1340 411.0101 Child care and early childhood resource and
1341 referral.—
1342 (1) As a part of the school readiness programs, the Agency
1343 for Workforce Innovation shall establish a statewide child care
1344 resource and referral network that is unbiased and provides
1345 referrals to families for child care. Preference shall be given
1346 to using the already established early learning coalitions as
1347 the child care resource and referral agencies agency. If an
1348 early learning coalition cannot comply with the requirements to
1349 offer the resource information component or does not want to
1350 offer that service, the early learning coalition shall select
1351 the resource and referral information agency for its county or
1352 multicounty region based upon a request for proposal pursuant to
1353 s. 411.01(5)(e)1.
1354 (2) At least one child care resource and referral agency
1355 must be established in each early learning coalition’s county or
1356 multicounty region. The Agency for Workforce Innovation shall
1357 adopt rules regarding accessibility of child care resource and
1358 referral services offered through child care resource and
1359 referral agencies in each county or multicounty region which
1360 include, at a minimum, required hours of operation, methods by
1361 which parents may request services, and child care resource and
1362 referral staff training requirements.
1363 (3) Child care resource and referral agencies shall provide
1364 the following services:
1365 (a)(1) Identification of existing public and private child
1366 care and early childhood education services, including child
1367 care services by public and private employers, and the
1368 development of a resource file of those services through the
1369 single statewide information system developed by the Agency for
1370 Workforce Innovation under s. 411.01(5)(c)1.e. These services
1371 may include family day care, public and private child care
1372 programs, the Voluntary Prekindergarten Education Program, Head
1373 Start, the school readiness program prekindergarten early
1374 intervention programs, special education programs for
1375 prekindergarten handicapped children who have disabilities,
1376 services for children with developmental disabilities, full-time
1377 and part-time programs, before-school and after-school programs,
1378 vacation care programs, parent education, the WAGES Program, and
1379 related family support services. The resource file shall
1380 include, but not be limited to:
1381 1.(a) Type of program.
1382 2.(b) Hours of service.
1383 3.(c) Ages of children served.
1384 4.(d) Number of children served.
1385 5.(e) Significant program information.
1386 6.(f) Fees and eligibility for services.
1387 7.(g) Availability of transportation.
1388 (b)(2) The establishment of a referral process that which
1389 responds to parental need for information and that which is
1390 provided with full recognition of the confidentiality rights of
1391 parents. The resource and referral network programs shall make
1392 referrals to legally operating licensed child care facilities.
1393 Referrals may not shall be made to a an unlicensed child care
1394 facility that is operating illegally or arrangement only if
1395 there is no requirement that the facility or arrangement be
1396 licensed.
1397 (c)(3) Maintenance of ongoing documentation of requests for
1398 service tabulated through the internal referral process through
1399 the single statewide information system. The following
1400 documentation of requests for service shall be maintained by the
1401 all child care resource and referral network agencies:
1402 1.(a) Number of calls and contacts to the child care
1403 resource information and referral network agency component by
1404 type of service requested.
1405 2.(b) Ages of children for whom service was requested.
1406 3.(c) Time category of child care requests for each child.
1407 4.(d) Special time category, such as nights, weekends, and
1408 swing shift.
1409 5.(e) Reason that the child care is needed.
1410 6.(f) Name of the employer and primary focus of the
1411 business.
1412 (d)(4) Provision of technical assistance to existing and
1413 potential providers of child care services. This assistance may
1414 include:
1415 1.(a) Information on initiating new child care services,
1416 zoning, and program and budget development and assistance in
1417 finding such information from other sources.
1418 2.(b) Information and resources which help existing child
1419 care services providers to maximize their ability to serve
1420 children and parents in their community.
1421 3.(c) Information and incentives that may which could help
1422 existing or planned child care services offered by public or
1423 private employers seeking to maximize their ability to serve the
1424 children of their working parent employees in their community,
1425 through contractual or other funding arrangements with
1426 businesses.
1427 (e)(5) Assistance to families and employers in applying for
1428 various sources of subsidy including, but not limited to, the
1429 Voluntary Prekindergarten Education Program, the school
1430 readiness program subsidized child care, Head Start,
1431 prekindergarten early intervention programs, Project
1432 Independence, private scholarships, and the federal child and
1433 dependent care tax credit.
1434 (6) Assistance to state agencies in determining the market
1435 rate for child care.
1436 (f)(7) Assistance in negotiating discounts or other special
1437 arrangements with child care providers.
1438 (g)(8) Information and assistance to local interagency
1439 councils coordinating services for prekindergarten handicapped
1440 children who have disabilities.
1441 (h)(9) Assistance to families in identifying summer
1442 recreation camp and summer day camp programs, and in evaluating
1443 the health and safety qualities of summer recreation camp and
1444 summer day camp programs, and in evaluating the health and
1445 safety qualities of summer camp programs. Contingent upon
1446 specific appropriation, a checklist of important health and
1447 safety qualities that parents can use to choose their summer
1448 camp programs shall be developed and distributed in a manner
1449 that will reach parents interested in such programs for their
1450 children.
1451 (i)(10) A child care facility licensed under s. 402.305 and
1452 licensed and registered family day care homes must provide the
1453 statewide child care and resource and referral network agencies
1454 with the following information annually:
1455 1.(a) Type of program.
1456 2.(b) Hours of service.
1457 3.(c) Ages of children served.
1458 4.(d) Fees and eligibility for services.
1459 (4)(11) The Agency for Workforce Innovation shall adopt any
1460 rules necessary for the implementation and administration of
1461 this section.
1462 Section 16. Subsection (3), paragraph (b) of subsection
1463 (4), and paragraphs (c) and (d) of subsection (5) of section
1464 411.0102, Florida Statutes, are amended to read:
1465 411.0102 Child Care Executive Partnership Act; findings and
1466 intent; grant; limitation; rules.—
1467 (3) There is created a body politic and corporate known as
1468 the Child Care Executive Partnership which shall establish and
1469 govern the Child Care Executive Partnership Program. The purpose
1470 of the Child Care Executive Partnership Program is to utilize
1471 state and federal funds as incentives for matching local funds
1472 derived from local governments, employers, charitable
1473 foundations, and other sources, so that Florida communities may
1474 create local flexible partnerships with employers. The Child
1475 Care Executive Partnership Program funds shall be used at the
1476 discretion of local communities to meet the needs of working
1477 parents. A child care purchasing pool shall be developed with
1478 the state, federal, and local funds to provide subsidies to low
1479 income working parents whose family income does not exceed the
1480 allowable income for any federally subsidized child care program
1481 who are eligible for subsidized child care with a dollar-for
1482 dollar match from employers, local government, and other
1483 matching contributions. The funds used from the child care
1484 purchasing pool must be used to supplement or extend the use of
1485 existing public or private funds.
1486 (4) The Child Care Executive Partnership, staffed by the
1487 Agency for Workforce Innovation, shall consist of a
1488 representative of the Executive Office of the Governor and nine
1489 members of the corporate or child care community, appointed by
1490 the Governor.
1491 (b) The Child Care Executive Partnership shall be chaired
1492 by a member chosen by a majority vote and shall meet at least
1493 quarterly and at other times upon the call of the chair. The
1494 Child Care Executive Partnership may use any method of
1495 telecommunications to conduct meetings, including establishing a
1496 quorum through telecommunications, only if the public is given
1497 proper notice of a telecommunications meeting and reasonable
1498 access to observe and, when appropriate, participate.
1499 (5)
1500 (c) The Agency for Workforce Innovation, in conjunction
1501 with the Child Care Executive Partnership, shall develop
1502 procedures for disbursement of funds through the child care
1503 purchasing pools. In order to be considered for funding, an
1504 early learning coalition or the Agency for Workforce Innovation
1505 must commit to:
1506 1. Matching the state purchasing pool funds on a dollar
1507 for-dollar basis; and
1508 2. Expending only those public funds which are matched by
1509 employers, local government, and other matching contributors who
1510 contribute to the purchasing pool. Parents shall also pay a fee,
1511 which may not shall be not less than the amount identified in
1512 the early learning coalition’s school readiness program
1513 subsidized child care sliding fee scale.
1514 (d) Each early learning coalition board shall be required
1515 to establish a community child care task force for each child
1516 care purchasing pool. The task force must be composed of
1517 employers, parents, private child care providers, and one
1518 representative from the local children’s services council, if
1519 one exists in the area of the purchasing pool. The early
1520 learning coalition is expected to recruit the task force members
1521 from existing child care councils, commissions, or task forces
1522 already operating in the area of a purchasing pool. A majority
1523 of the task force shall consist of employers. Each task force
1524 shall develop a plan for the use of child care purchasing pool
1525 funds. The plan must show how many children will be served by
1526 the purchasing pool, how many will be new to receiving child
1527 care services, and how the early learning coalition intends to
1528 attract new employers and their employees to the program.
1529 Section 17. Section 411.0105, Florida Statutes, is amended
1530 to read:
1531 411.0105 Early Learning Opportunities Act and Even Start
1532 Family Literacy Programs; lead agency.—
1533 (1) For purposes of administration of the federal Early
1534 Learning Opportunities Act, 20 U.S.C. ss. 9401-9413, the Agency
1535 for Workforce Innovation is designated as the lead agency and
1536 must comply with the lead agency responsibilities under law.
1537 (2)(a) For purposes of administration of and the federal
1538 William F. Goodling Even Start Family Literacy Programs, 20
1539 U.S.C. ss. 6381-6381k pursuant to Pub. L. No. 106-554, the
1540 Department of Education Agency for Workforce Innovation is
1541 designated as the lead agency and must comply with the lead
1542 agency responsibilities under pursuant to federal law.
1543 (b) The Department of Education shall enter into an
1544 interagency agreement with the Agency for Workforce Innovation
1545 for administration of the federal William F. Goodling Even Start
1546 Family Literacy Programs.
1547 Section 18. Paragraph (b) of subsection (8) of section
1548 411.203, Florida Statutes, is amended to read:
1549 411.203 Continuum of comprehensive services.—The Department
1550 of Education and the Department of Health and Rehabilitative
1551 Services shall utilize the continuum of prevention and early
1552 assistance services for high-risk pregnant women and for high
1553 risk and handicapped children and their families, as outlined in
1554 this section, as a basis for the intraagency and interagency
1555 program coordination, monitoring, and analysis required in this
1556 chapter. The continuum shall be the guide for the comprehensive
1557 statewide approach for services for high-risk pregnant women and
1558 for high-risk and handicapped children and their families, and
1559 may be expanded or reduced as necessary for the enhancement of
1560 those services. Expansion or reduction of the continuum shall be
1561 determined by intraagency or interagency findings and agreement,
1562 whichever is applicable. Implementation of the continuum shall
1563 be based upon applicable eligibility criteria, availability of
1564 resources, and interagency prioritization when programs impact
1565 both agencies, or upon single agency prioritization when
1566 programs impact only one agency. The continuum shall include,
1567 but not be limited to:
1568 (8) SUPPORT SERVICES FOR ALL EXPECTANT PARENTS AND PARENTS
1569 OF HIGH-RISK CHILDREN.—
1570 (b) Child care and early childhood programs, including, but
1571 not limited to, subsidized child care, licensed nonsubsidized
1572 child care facilities, family day care homes, therapeutic child
1573 care, Head Start, and preschool programs in public and private
1574 schools.
1575 Section 19. Subsection (2) of section 411.221, Florida
1576 Statutes, is amended to read:
1577 411.221 Prevention and early assistance strategic plan;
1578 agency responsibilities.—
1579 (2) The strategic plan and subsequent plan revisions shall
1580 incorporate and otherwise utilize, to the fullest extent
1581 possible, the evaluation findings and recommendations from
1582 intraagency, independent third-party, field projects, and
1583 reports issued by the Auditor General or the Office of Program
1584 Policy Analysis and Government Accountability, as well as the
1585 recommendations of the Agency for Workforce Innovation State
1586 Coordinating Council for School Readiness Programs.
1587 Section 20. Paragraph (c) of subsection (4) of section
1588 445.024, Florida Statutes, is amended to read:
1589 445.024 Work requirements.—
1590 (4) PRIORITIZATION OF WORK REQUIREMENTS.—Regional workforce
1591 boards shall require participation in work activities to the
1592 maximum extent possible, subject to federal and state funding.
1593 If funds are projected to be insufficient to allow full-time
1594 work activities by all program participants who are required to
1595 participate in work activities, regional workforce boards shall
1596 screen participants and assign priority based on the following:
1597 (c) A participant who has access to subsidized or
1598 unsubsidized child care services may be assigned priority for
1599 work activities.
1600
1601 Regional workforce boards may limit a participant’s weekly work
1602 requirement to the minimum required to meet federal work
1603 activity requirements. Regional workforce boards may develop
1604 screening and prioritization procedures based on the allocation
1605 of resources, the availability of community resources, the
1606 provision of supportive services, or the work activity needs of
1607 the service area.
1608 Section 21. Subsection (2) of section 445.030, Florida
1609 Statutes, is amended to read:
1610 445.030 Transitional education and training.—In order to
1611 assist former recipients of temporary cash assistance who are
1612 working or actively seeking employment in continuing their
1613 training and upgrading their skills, education, or training,
1614 support services may be provided for up to 2 years after the
1615 family is no longer receiving temporary cash assistance. This
1616 section does not constitute an entitlement to transitional
1617 education and training. If funds are not sufficient to provide
1618 services under this section, the board of directors of Workforce
1619 Florida, Inc., may limit or otherwise prioritize transitional
1620 education and training.
1621 (2) Regional workforce boards may authorize child care or
1622 other support services in addition to services provided in
1623 conjunction with employment. For example, a participant who is
1624 employed full time may receive subsidized child care services
1625 related to that employment and may also receive additional
1626 subsidized child care services in conjunction with training to
1627 upgrade the participant’s skills.
1628 Section 22. Paragraph (a) of subsection (2) of section
1629 490.014, Florida Statutes, is amended to read:
1630 490.014 Exemptions.—
1631 (2) No person shall be required to be licensed or
1632 provisionally licensed under this chapter who:
1633 (a) Is a salaried employee of a government agency; a
1634 developmental disability facility or program; a, mental health,
1635 alcohol, or drug abuse facility operating under chapter 393,
1636 chapter 394, or chapter 397; the statewide subsidized child care
1637 program, subsidized child care case management program, or child
1638 care resource and referral network program operating under s.
1639 411.0101 pursuant to chapter 402; a child-placing or child
1640 caring agency licensed pursuant to chapter 409; a domestic
1641 violence center certified pursuant to chapter 39; an accredited
1642 academic institution; or a research institution, if such
1643 employee is performing duties for which he or she was trained
1644 and hired solely within the confines of such agency, facility,
1645 or institution, so long as the employee is not held out to the
1646 public as a psychologist pursuant to s. 490.012(1)(a).
1647 Section 23. Paragraph (a) of subsection (4) of section
1648 491.014, Florida Statutes, is amended to read:
1649 491.014 Exemptions.—
1650 (4) No person shall be required to be licensed,
1651 provisionally licensed, registered, or certified under this
1652 chapter who:
1653 (a) Is a salaried employee of a government agency; a
1654 developmental disability facility or program; a, mental health,
1655 alcohol, or drug abuse facility operating under chapter 393,
1656 chapter 394, or chapter 397; the statewide subsidized child care
1657 program, subsidized child care case management program, or child
1658 care resource and referral network program operating under s.
1659 411.0101 pursuant to chapter 402; a child-placing or child
1660 caring agency licensed pursuant to chapter 409; a domestic
1661 violence center certified pursuant to chapter 39; an accredited
1662 academic institution; or a research institution, if such
1663 employee is performing duties for which he or she was trained
1664 and hired solely within the confines of such agency, facility,
1665 or institution, so long as the employee is not held out to the
1666 public as a clinical social worker, mental health counselor, or
1667 marriage and family therapist.
1668 Section 24. Subsections (5) and (6) of section 1002.53,
1669 Florida Statutes, are amended to read:
1670 1002.53 Voluntary Prekindergarten Education Program;
1671 eligibility and enrollment.—
1672 (5) The early learning coalition shall provide each parent
1673 enrolling a child in the Voluntary Prekindergarten Education
1674 Program with a profile of every private prekindergarten provider
1675 and public school delivering the program within the coalition’s
1676 county where the child is being enrolled or multicounty region.
1677 The profiles shall be provided to parents in a format prescribed
1678 by the Agency for Workforce Innovation. The profiles must
1679 include, at a minimum, the following information about each
1680 provider and school:
1681 (a) The provider’s or school’s services, curriculum,
1682 instructor credentials, and instructor-to-student ratio; and
1683 (b) The provider’s or school’s kindergarten readiness rate
1684 calculated in accordance with s. 1002.69, based upon the most
1685 recent available results of the statewide kindergarten
1686 screening.
1687 (6)(a) A parent may enroll his or her child with any
1688 private prekindergarten provider that is eligible to deliver the
1689 Voluntary Prekindergarten Education Program under this part;
1690 however, the provider may determine whether to admit any child.
1691 An early learning coalition may not limit the number of students
1692 admitted by any private prekindergarten provider for enrollment
1693 in the program. However, this paragraph does not authorize an
1694 early learning coalition to allow a provider to exceed any
1695 staff-to-children ratio, square footage per child, or other
1696 requirement imposed under ss. 402.301-402.319 as a result of
1697 admissions in the prekindergarten program.
1698 (b) A parent may enroll his or her child with any public
1699 school within the school district which is eligible to deliver
1700 the Voluntary Prekindergarten Education Program under this part,
1701 subject to available space. Each school district may limit the
1702 number of students admitted by any public school for enrollment
1703 in the program; however, the school district must provide for
1704 the admission of every eligible child within the district whose
1705 parent enrolls the child in a summer prekindergarten program
1706 delivered by a public school under s. 1002.61.
1707 (c) Each private prekindergarten provider and public school
1708 must comply with the antidiscrimination requirements of 42
1709 U.S.C. s. 2000d, regardless of whether the provider or school
1710 receives federal financial assistance. A private prekindergarten
1711 provider or public school may not discriminate against a parent
1712 or child, including the refusal to admit a child for enrollment
1713 in the Voluntary Prekindergarten Education Program, in violation
1714 of these antidiscrimination requirements.
1715 (d) Notwithstanding s. 1002.55(3)(b), each private
1716 prekindergarten provider and public school must have
1717 disciplinary policies that prohibit children from being
1718 subjected to discipline that is severe, humiliating,
1719 frightening, or associated with food, rest, toileting, spanking
1720 or any other form of physical punishment as provided in s.
1721 402.305(12).
1722 Section 25. Paragraph (c) of subsection (3) of section
1723 1002.67, Florida Statutes, is amended to read:
1724 1002.67 Performance standards; curricula and
1725 accountability.—
1726 (3)
1727 (c)1. If the kindergarten readiness rate of a private
1728 prekindergarten provider or public school falls below the
1729 minimum rate adopted by the State Board of Education as
1730 satisfactory under s. 1002.69(6), the early learning coalition
1731 or school district, as applicable, shall require the provider or
1732 school to submit an improvement plan for approval by the
1733 coalition or school district, as applicable, and to implement
1734 the plan.
1735 2. If a private prekindergarten provider or public school
1736 fails to meet the minimum rate adopted by the State Board of
1737 Education as satisfactory under s. 1002.69(6) for 2 consecutive
1738 years, the early learning coalition or school district, as
1739 applicable, shall place the provider or school on probation and
1740 must require the provider or school to take certain corrective
1741 actions, including the use of a curriculum approved by the
1742 department under paragraph (2)(c).
1743 3. A private prekindergarten provider or public school that
1744 is placed on probation must continue the corrective actions
1745 required under subparagraph 2., including the use of a
1746 curriculum approved by the department, until the provider or
1747 school meets the minimum rate adopted by the State Board of
1748 Education as satisfactory under s. 1002.69(6).
1749 4. If a private prekindergarten provider or public school
1750 remains on probation for 2 consecutive years and fails to meet
1751 the minimum rate adopted by the State Board of Education as
1752 satisfactory under s. 1002.69(6), the Agency for Workforce
1753 Innovation shall require the early learning coalition or the
1754 Department of Education shall require the school district, as
1755 applicable, to remove, as applicable, the provider or school
1756 from eligibility to deliver the Voluntary Prekindergarten
1757 Education Program and receive state funds for the program.
1758 Section 26. Paragraph (b) of subsection (6) of section
1759 1002.71, Florida Statutes, is amended to read:
1760 1002.71 Funding; financial and attendance reporting.—
1761 (6)
1762 (b)1. Each private prekindergarten provider’s and district
1763 school board’s attendance policy must require the parent of each
1764 student in the Voluntary Prekindergarten Education Program to
1765 verify, each month, the student’s attendance on the prior
1766 month’s certified student attendance.
1767 2. The parent must submit the verification of the student’s
1768 attendance to the private prekindergarten provider or public
1769 school on forms prescribed by the Agency for Workforce
1770 Innovation. The forms must include, in addition to the
1771 verification of the student’s attendance, a certification, in
1772 substantially the following form, that the parent continues to
1773 choose the private prekindergarten provider or public school in
1774 accordance with s. 1002.53 and directs that payments for the
1775 program be made to the provider or school:
1776
1777 VERIFICATION OF STUDENT’S ATTENDANCE
1778 AND CERTIFICATION OF PARENTAL CHOICE
1779
1780 I, ...(Name of Parent)..., swear (or affirm) that my
1781 child,...(Name of Student)..., attended the Voluntary
1782 Prekindergarten Education Program on the days listed above and
1783 certify that I continue to choose ...(Name of Provider or
1784 School)... to deliver the program for my child and direct that
1785 program funds be paid to the provider or school for my child.
1786
1787 ...(Signature of Parent)...
1788 ...(Date)...
1789
1790 3. The private prekindergarten provider or public school
1791 must keep each original signed form for at least 2 years. Each
1792 private prekindergarten provider must permit the early learning
1793 coalition, and each public school must permit the school
1794 district, to inspect the original signed forms during normal
1795 business hours. The Agency for Workforce Innovation shall adopt
1796 procedures for early learning coalitions and school districts to
1797 review the original signed forms against the certified student
1798 attendance. The review procedures shall provide for the use of
1799 selective inspection techniques, including, but not limited to,
1800 random sampling. Each early learning coalition and the school
1801 districts district must comply with the review procedures.
1802 Section 27. Paragraph (b) of subsection (4) of section
1803 1009.64, Florida Statutes, is amended to read:
1804 1009.64 Certified Education Paraprofessional Welfare
1805 Transition Program.—
1806 (4) The agencies shall complete an implementation plan that
1807 addresses at least the following recommended components of the
1808 program:
1809 (b) A budget for use of incentive funding to provide
1810 motivation to participants to succeed and excel. The budget for
1811 incentive funding includes:
1812 1. Funds allocated by the Legislature directly for the
1813 program.
1814 2. Funds that may be made available from the federal
1815 Workforce Investment Act based on client eligibility or
1816 requested waivers to make the clients eligible.
1817 3. Funds made available by implementation strategies that
1818 would make maximum use of work supplementation funds authorized
1819 by federal law.
1820 4. Funds authorized by strategies to lengthen participants’
1821 eligibility for federal programs such as Medicaid, subsidized
1822 child care services, and transportation.
1823
1824 Incentives may include a stipend during periods of college
1825 classroom training, a bonus and recognition for a high grade
1826 point average, child care and prekindergarten services for
1827 children of participants, and services to increase a
1828 participant’s ability to advance to higher levels of employment.
1829 Nonfinancial incentives should include providing a mentor or
1830 tutor, and service incentives should continue and increase for
1831 any participant who plans to complete the baccalaureate degree
1832 and become a certified teacher. Services may be provided in
1833 accordance with family choice by community colleges and school
1834 district career centers, through family service centers and
1835 full-service schools, or under contract with providers through
1836 central agencies.
1837 Section 28. Sections 402.3135 and 402.3145, Florida
1838 Statutes, are repealed.
1839 Section 29. Section 402.3016, Florida Statutes, is
1840 transferred and renumbered as section 411.0104, Florida
1841 Statutes.
1842 Section 30. This act shall take effect July 1, 2009.