Florida Senate - 2011                                     SB 564
       
       
       
       By Senator Rich
       
       
       
       
       34-00547-11                                            2011564__
    1                        A bill to be entitled                      
    2         An act relating to the Voluntary Prekindergarten
    3         Education Program; amending ss. 1002.55 and 1002.63,
    4         F.S.; providing that prekindergarten instructors in
    5         school-year prekindergarten programs delivered by
    6         private providers and public schools must meet new
    7         professional credentialing requirements beginning July
    8         1, 2014; deleting provisions relating to alternate
    9         educational credentials, to conform; amending ss.
   10         1002.61 and 1007.23, F.S.; conforming cross-references
   11         to changes made by the act; repealing s. 1002.65,
   12         F.S., relating to aspirational goals for the
   13         professional credentials of prekindergarten
   14         instructors; providing an effective date.
   15  
   16         WHEREAS, the Legislature finds that there is a strong
   17  correlation between the state’s fiscal and economic well-being,
   18  the state’s workforce development, the skills and preparation of
   19  the state’s prekindergarten instructors, and the educational
   20  outcomes of students in the state’s Voluntary Prekindergarten
   21  Education Program, and
   22         WHEREAS, national studies have shown that the only
   23  prekindergarten education programs that demonstrate large long
   24  term economic gains and improve educational outcomes for
   25  prekindergarten education students are programs taught by
   26  teachers who hold a bachelor’s degree or higher, and
   27         WHEREAS, children who are enrolled in prekindergarten
   28  education programs taught by teachers who hold a bachelor’s
   29  degree or higher save taxpayer dollars by reducing costs
   30  associated with K-12 student remediation, student dropouts,
   31  juvenile and criminal justice, law enforcement, and other public
   32  safety and assistance programs, and
   33         WHEREAS, for the 2008-2009 school year, the rate of
   34  Florida’s third grade students who were not promoted to fourth
   35  grade was 6.64 percent, and
   36         WHEREAS, the number of prekindergarten through third grade
   37  students who are not promoted to the next grade costs Florida’s
   38  taxpayers in excess of $330 million annually, and
   39         WHEREAS, investment in high-quality prekindergarten
   40  education programs is a cost-effective way to create a highly
   41  skilled future workforce and is an effective public policy
   42  strategy for generating wealth and achieving social and economic
   43  development, and
   44         WHEREAS, Florida can meet Voluntary Prekindergarten
   45  Education Program teacher capacity, based on graduation rates of
   46  students receiving bachelor’s degrees in early childhood
   47  education, by offering full reciprocity for teacher
   48  certificateholders from other states; by employing teachers who
   49  are currently being terminated due to the declining trends in K
   50  12 student growth; and by continuing to support a bachelor’s
   51  degree career ladder for existing nondegreed teachers, NOW,
   52  THEREFORE,
   53  
   54  Be It Enacted by the Legislature of the State of Florida:
   55  
   56         Section 1. Section 1002.55, Florida Statutes, is amended to
   57  read:
   58         1002.55 School-year prekindergarten program delivered by
   59  private prekindergarten providers.—
   60         (1) Each early learning coalition shall administer the
   61  Voluntary Prekindergarten Education Program at the county or
   62  regional level for students enrolled under s. 1002.53(3)(a) in a
   63  school-year prekindergarten program delivered by a private
   64  prekindergarten provider.
   65         (2) Each school-year prekindergarten program delivered by a
   66  private prekindergarten provider must comprise at least 540
   67  instructional hours.
   68         (3) To be eligible to deliver the prekindergarten program,
   69  a private prekindergarten provider must meet each of the
   70  following requirements:
   71         (a) The private prekindergarten provider must be a child
   72  care facility licensed under s. 402.305, family day care home
   73  licensed under s. 402.313, large family child care home licensed
   74  under s. 402.3131, nonpublic school exempt from licensure under
   75  s. 402.3025(2), or faith-based child care provider exempt from
   76  licensure under s. 402.316.
   77         (b) The private prekindergarten provider must:
   78         1. Be accredited by an accrediting association that is a
   79  member of the National Council for Private School Accreditation,
   80  or the Florida Association of Academic Nonpublic Schools, or be
   81  accredited by the Southern Association of Colleges and Schools,
   82  or Western Association of Colleges and Schools, or North Central
   83  Association of Colleges and Schools, or Middle States
   84  Association of Colleges and Schools, or New England Association
   85  of Colleges and Schools; and have written accreditation
   86  standards that meet or exceed the state’s licensing requirements
   87  under s. 402.305, s. 402.313, or s. 402.3131 and require at
   88  least one onsite visit to the provider or school before
   89  accreditation is granted;
   90         2. Hold a current Gold Seal Quality Care designation under
   91  s. 402.281; or
   92         3. Be licensed under s. 402.305, s. 402.313, or s. 402.3131
   93  and demonstrate, before delivering the Voluntary Prekindergarten
   94  Education Program, as verified by the early learning coalition,
   95  that the provider meets each of the requirements of the program
   96  under this part, including, but not limited to, the requirements
   97  for credentials and background screenings of prekindergarten
   98  instructors under paragraphs (c) and (d), minimum and maximum
   99  class sizes under paragraph (f), prekindergarten director
  100  credentials under paragraph (g), and a developmentally
  101  appropriate curriculum under s. 1002.67(2)(b).
  102         (c) Beginning July 1, 2014:
  103         1. The private prekindergarten provider must have, for each
  104  prekindergarten class composed of fewer than 11 students, at
  105  least one prekindergarten instructor who holds:
  106         a. A bachelor’s or higher degree in early childhood
  107  education, prekindergarten or primary education, preschool
  108  education, or family and consumer science; or
  109         b. A bachelor’s or higher degree in elementary education,
  110  if the prekindergarten instructor has been certified to teach
  111  children any age from birth through grade 6, regardless of
  112  whether the instructor’s educator certificate is current, and if
  113  the instructor is not ineligible to teach in a public school
  114  because his or her educator certificate is suspended or revoked.
  115         2. The private prekindergarten provider must have, for each
  116  prekindergarten class composed of 11 or more students:
  117         a. One prekindergarten instructor who meets the
  118  requirements of subparagraph 1.; and
  119         b. One prekindergarten instructor who meets the following
  120  requirements:
  121         (I) Holds, at a minimum, a child development associate
  122  credential issued by the National Credentialing Program of the
  123  Council for Professional Recognition or a credential approved by
  124  the Department of Children and Family Services as being
  125  equivalent to or greater than the child development associate
  126  credential.
  127         (II) Successfully completes an emergent literacy training
  128  course approved by the Department of Education as meeting or
  129  exceeding the minimum standards adopted under s. 1002.59.
  130         (c) The private prekindergarten provider must have, for
  131  each prekindergarten class, at least one prekindergarten
  132  instructor who meets each of the following requirements:
  133         1. The prekindergarten instructor must hold, at a minimum,
  134  one of the following credentials:
  135         a. A child development associate credential issued by the
  136  National Credentialing Program of the Council for Professional
  137  Recognition; or
  138         b. A credential approved by the Department of Children and
  139  Family Services as being equivalent to or greater than the
  140  credential described in sub-subparagraph a.
  141  
  142  The Department of Children and Family Services may adopt rules
  143  under ss. 120.536(1) and 120.54 which provide criteria and
  144  procedures for approving equivalent credentials under sub
  145  subparagraph b.
  146         2. The prekindergarten instructor must successfully
  147  complete an emergent literacy training course approved by the
  148  department as meeting or exceeding the minimum standards adopted
  149  under s. 1002.59. This subparagraph does not apply to a
  150  prekindergarten instructor who successfully completes approved
  151  training in early literacy and language development under s.
  152  402.305(2)(d)5., s. 402.313(6), or s. 402.3131(5) before the
  153  establishment of one or more emergent literacy training courses
  154  under s. 1002.59 or April 1, 2005, whichever occurs later.
  155         (d) Each prekindergarten instructor employed by the private
  156  prekindergarten provider must be of good moral character, must
  157  be screened using the level 2 screening standards in s. 435.04
  158  before employment and rescreened at least once every 5 years,
  159  must be denied employment or terminated if required under s.
  160  435.06, and must not be ineligible to teach in a public school
  161  because his or her educator certificate is suspended or revoked.
  162         (e) A private prekindergarten provider may assign a
  163  substitute instructor to temporarily replace a credentialed
  164  instructor if the credentialed instructor assigned to a
  165  prekindergarten class is absent, as long as the substitute
  166  instructor is of good moral character and has been screened
  167  before employment in accordance with level 2 background
  168  screening requirements in chapter 435. The Agency for Workforce
  169  Innovation shall adopt rules to implement this paragraph which
  170  shall include required qualifications of substitute instructors
  171  and the circumstances and time limits for which a private
  172  prekindergarten provider may assign a substitute instructor.
  173         (f) Each of the private prekindergarten provider’s
  174  prekindergarten classes must be composed of at least 4 students
  175  but may not exceed 18 students. In order to protect the health
  176  and safety of students, each private prekindergarten provider
  177  must also provide appropriate adult supervision for students at
  178  all times and, for Each prekindergarten class composed of 11 or
  179  more students must meet the requirements in subparagraph (c)2.
  180  for prekindergarten instructors, must have, in addition to a
  181  prekindergarten instructor who meets the requirements of
  182  paragraph (c), at least one adult prekindergarten instructor who
  183  is not required to meet those requirements but who must meet
  184  each requirement of paragraph (d). This paragraph does not
  185  supersede any requirement imposed on a provider under ss.
  186  402.301-402.319.
  187         (g) Before the beginning of the 2006-2007 school year, the
  188  private prekindergarten provider must have a prekindergarten
  189  director who has a prekindergarten director credential that is
  190  approved by the department as meeting or exceeding the minimum
  191  standards adopted under s. 1002.57. Successful completion of a
  192  child care facility director credential under s. 402.305(2)(f)
  193  before the establishment of the prekindergarten director
  194  credential under s. 1002.57 or July 1, 2006, whichever occurs
  195  later, satisfies the requirement for a prekindergarten director
  196  credential under this paragraph.
  197         (h) The private prekindergarten provider must register with
  198  the early learning coalition on forms prescribed by the Agency
  199  for Workforce Innovation.
  200         (i) The private prekindergarten provider must deliver the
  201  Voluntary Prekindergarten Education Program in accordance with
  202  this part.
  203         (4) A prekindergarten instructor, in lieu of the minimum
  204  credentials and courses required under paragraph (3)(c), may
  205  hold one of the following educational credentials:
  206         (a) A bachelor’s or higher degree in early childhood
  207  education, prekindergarten or primary education, preschool
  208  education, or family and consumer science;
  209         (b) A bachelor’s or higher degree in elementary education,
  210  if the prekindergarten instructor has been certified to teach
  211  children any age from birth through 6th grade, regardless of
  212  whether the instructor’s educator certificate is current, and if
  213  the instructor is not ineligible to teach in a public school
  214  because his or her educator certificate is suspended or revoked;
  215         (c) An associate’s or higher degree in child development;
  216         (d) An associate’s or higher degree in an unrelated field,
  217  at least 6 credit hours in early childhood education or child
  218  development, and at least 480 hours of experience in teaching or
  219  providing child care services for children any age from birth
  220  through 8 years of age; or
  221         (e) An educational credential approved by the department as
  222  being equivalent to or greater than an educational credential
  223  described in this subsection. The department may adopt criteria
  224  and procedures for approving equivalent educational credentials
  225  under this paragraph.
  226         Section 2. Subsection (4) of section 1002.61, Florida
  227  Statutes, is amended to read:
  228         1002.61 Summer prekindergarten program delivered by public
  229  schools and private prekindergarten providers.—
  230         (4) Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4),
  231  each public school and private prekindergarten provider must
  232  have, for each prekindergarten class, at least one
  233  prekindergarten instructor who:
  234         (a) Is a certified teacher; or
  235         (b) Holds one of the educational credentials specified in
  236  s. 1002.55(3)(c)1.(4)(a) or (b).
  237  
  238  As used in this subsection, the term “certified teacher” means a
  239  teacher holding a valid Florida educator certificate under s.
  240  1012.56 who has the qualifications required by the district
  241  school board to instruct students in the summer prekindergarten
  242  program. In selecting instructional staff for the summer
  243  prekindergarten program, each school district shall give
  244  priority to teachers who have experience or coursework in early
  245  childhood education.
  246         Section 3. Subsections (4) and (7) of section 1002.63,
  247  Florida Statutes, are amended to read:
  248         1002.63 School-year prekindergarten program delivered by
  249  public schools.—
  250         (4) Each prekindergarten class in a public school
  251  delivering the school-year prekindergarten program must meet the
  252  requirements in s. 1002.55(3)(c) for prekindergarten
  253  instructors. Each public school must have, for each
  254  prekindergarten class, at least one prekindergarten instructor
  255  who meets each requirement in s. 1002.55(3)(c) for a
  256  prekindergarten instructor of a private prekindergarten
  257  provider.
  258         (7) Each prekindergarten class in a public school
  259  delivering the school-year prekindergarten program must be
  260  composed of at least 4 students but may not exceed 18 students.
  261  In order to protect the health and safety of students, each
  262  school must also provide appropriate adult supervision for
  263  students at all times and, for Each prekindergarten class
  264  composed of 11 or more students must meet the requirements in s.
  265  1002.55(3)(c)2. for prekindergarten instructors, must have, in
  266  addition to a prekindergarten instructor who meets the
  267  requirements of s. 1002.55(3)(c), at least one adult
  268  prekindergarten instructor who is not required to meet those
  269  requirements but who must meet each requirement of subsection
  270  (5).
  271         Section 4. Subsection (5) of section 1007.23, Florida
  272  Statutes, is amended to read:
  273         1007.23 Statewide articulation agreement.—
  274         (5) The articulation agreement must guarantee the
  275  articulation of 9 credit hours toward a postsecondary degree in
  276  early childhood education for programs approved by the State
  277  Board of Education and the Board of Governors which:
  278         (a) Award a child development associate credential issued
  279  by the National Credentialing Program of the Council for
  280  Professional Recognition or award a credential approved under s.
  281  1002.55(3)(c)2.1.b. or s. 402.305(3)(c) as being equivalent to
  282  the child development associate credential; and
  283         (b) Include training in emergent literacy which meets or
  284  exceeds the minimum standards for training courses for
  285  prekindergarten instructors of the Voluntary Prekindergarten
  286  Education Program in s. 1002.59.
  287         Section 5. Section 1002.65, Florida Statutes, is repealed.
  288         Section 6. This act shall take effect July 1, 2011.