Florida Senate - 2013                                    SB 1722
       
       
       
       By Senator Legg
       
       
       
       
       17-01471-13                                           20131722__
    1                        A bill to be entitled                      
    2         An act relating to school readiness programs; amending
    3         s. 411.01, F.S.; revising legislative intent related
    4         to operation of school readiness programs; defining
    5         terms for purposes of the School Readiness Act;
    6         revising the duties of the Office of Early Learning
    7         for administration of school readiness programs;
    8         providing for the preassessment and postassessment of
    9         children enrolled in school readiness programs;
   10         requiring early learning coalitions to annually
   11         contract with school readiness providers using a
   12         standardized statewide contract; authorizing the
   13         Office of Early Learning to adopt rules; revising the
   14         minimum number of children that each early learning
   15         coalition must serve; revising provisions related to
   16         the merger of coalitions; revising requirements for
   17         compliance by school readiness providers with state
   18         licensing requirements; revising provisions related to
   19         school readiness plans adopted by early learning
   20         coalitions; deleting provisions for the establishment
   21         of payment rates and sliding fee scales by early
   22         learning coalitions; revising procurement requirements
   23         and requirements for the expenditure of funds by early
   24         learning coalitions; revising the eligibility criteria
   25         for the enrollment of children in the school readiness
   26         program and the priorities by which children are
   27         enrolled; providing procedures and notice requirements
   28         for the disenrollment of children; providing reporting
   29         requirements for children who are absent from the
   30         program; providing for the allocation of school
   31         readiness funds and deleting provisions for the
   32         establishment of an allocation formula by the Office
   33         of Early Learning; limiting expenditures for
   34         administrative costs, quality activities, and
   35         nondirect services; providing for the payment of
   36         school readiness providers according to calculations
   37         of payment rates and sliding fee scales as provided in
   38         the General Appropriations Act; authorizing the Office
   39         of Early Learning to modify payment rates in certain
   40         geographic areas under certain circumstances; deleting
   41         a provision related to the applicability of provisions
   42         that conflict with federal requirements; defining the
   43         term “fraud” for purposes of the school readiness
   44         program; providing for investigations of fraud or
   45         overpayment in the school readiness program; providing
   46         for the repayment of identified overpayments; limiting
   47         the participation of school readiness providers and
   48         parents in the program until repayment is made in
   49         full; providing penalties for acts of fraud;
   50         conforming provisions; conforming cross-references;
   51         creating s. 411.013, F.S.; creating the School
   52         Readiness Allocation Conference; providing for
   53         conference principals; requiring the Office of Early
   54         Learning to submit recommendations to the conference
   55         for an allocation formula for school readiness program
   56         funds; providing for review of the formula and
   57         agreement of the conference principals on conventions
   58         and calculation methods for the formula; requiring the
   59         Office of Early Learning to submit recommendations to
   60         the conference for establishing provider payment rates
   61         and parent copayments for a specified period;
   62         providing for the phase-in of the allocation formula
   63         during a specified period; amending ss. 216.136 and
   64         411.0101, F.S.; conforming cross-references; amending
   65         s. 411.01013, F.S.; revising provisions for
   66         calculation of the prevailing market rate schedule;
   67         requiring school readiness providers to annually
   68         submit their market rates by a specified date;
   69         amending ss. 411.0106 and 445.023, F.S.; conforming
   70         cross-references; prohibiting the disenrollment of
   71         children enrolled in the school readiness program
   72         before the effective date of this act under certain
   73         circumstances; providing for applicability; providing
   74         effective dates.
   75  
   76  Be It Enacted by the Legislature of the State of Florida:
   77  
   78         Section 1. Section 411.01, Florida Statutes, is amended to
   79  read:
   80         411.01 School readiness programs; early learning
   81  coalitions.—
   82         (1) SHORT TITLE.—This section may be cited as the “School
   83  Readiness Act.”
   84         (2) LEGISLATIVE INTENT.—
   85         (a) The Legislature recognizes that school readiness
   86  programs increase children’s chances of achieving future
   87  educational success and becoming productive members of society.
   88  It is the intent of the Legislature that the programs be
   89  developmentally appropriate, research-based, involve the parent
   90  as a child’s first teacher, serve as preventive measures for
   91  children at risk of future school failure, enhance the
   92  educational readiness of eligible children, and support family
   93  education. Each school readiness program shall provide the
   94  elements necessary to prepare at-risk children for school,
   95  including health screening and referral and an appropriate
   96  educational program.
   97         (b) It is the intent of the Legislature that school
   98  readiness programs be operated on a full-time and part-time
   99  full-day, year-round basis to the maximum extent possible to
  100  enable parents to work and become financially self-sufficient.
  101         (c) It is the intent of the Legislature that school
  102  readiness programs not exist as isolated programs, but build
  103  upon existing services and work in cooperation with other
  104  programs for young children, and that school readiness programs
  105  be coordinated to achieve full effectiveness.
  106         (d) It is the intent of the Legislature that the
  107  administrative staff for school readiness programs be kept to
  108  the minimum necessary to administer the duties of the Office of
  109  Early Learning and early learning coalitions. The Office of
  110  Early Learning shall adopt system support services at the state
  111  level to build a comprehensive early learning system. Each early
  112  learning coalition shall implement and maintain direct
  113  enhancement services at the local level, as approved in its
  114  school readiness plan by the Office of Early Learning, and
  115  ensure access to such services in all 67 counties.
  116         (e) It is the intent of the Legislature that the school
  117  readiness program coordinate and operate in conjunction with the
  118  district school systems. However, it is also the intent of the
  119  Legislature that the school readiness program not be construed
  120  as part of the system of free public schools but rather as a
  121  separate program for children under the age of kindergarten
  122  eligibility, funded separately from the system of free public
  123  schools, utilizing a mandatory sliding fee scale, and providing
  124  an integrated and seamless system of school readiness services
  125  for the state’s birth-to-kindergarten population.
  126         (f) It is the intent of the Legislature that school
  127  readiness services be an integrated and seamless program of
  128  services with a developmentally appropriate education component
  129  for the state’s eligible birth-to-kindergarten population
  130  described in subsection (7) (6) and not be construed as part of
  131  the seamless K-20 education system.
  132         (3) DEFINITIONS.—As used in this section, the term:
  133         (a) “Adjusted payment rate percentage” means a specified
  134  percentage applied to the prevailing market rate for each type
  135  of school readiness provider and level of care.
  136         (b) “At-risk child” means:
  137         1. A child from a family under investigation by the
  138  Department of Children and Families or a designated sheriff’s
  139  office for child abuse, neglect, abandonment, or exploitation.
  140         2. A child who is in a diversion program provided by the
  141  Department of Children and Families or its contracted provider
  142  and who is from a family that is actively participating and
  143  complying in department-prescribed activities, including
  144  education, health services, or work.
  145         3. A child from a family that is under supervision by the
  146  Department of Children and Families or a contracted service
  147  provider for abuse, neglect, abandonment, or exploitation.
  148         4. A child placed in court-ordered, long-term custody or
  149  under the guardianship of a relative or nonrelative after
  150  termination of supervision by the Department of Children and
  151  Families or its contracted provider.
  152         (c) “Authorized hours of care” means the hours of care that
  153  are necessary to provide protection, maintain employment, or
  154  complete work activities or eligible educational activities,
  155  including reasonable travel time.
  156         (d) “Earned income” means gross remuneration derived from
  157  work, professional service, or self-employment. The term
  158  includes commissions, bonuses, back pay awards, and the cash
  159  value of all remuneration paid in a medium other than cash.
  160         (e) “Economically disadvantaged” means having a family
  161  income that does not exceed 150 percent of the federal poverty
  162  level. The term includes children in a working migratory family.
  163         (f) “Family income” means the combined gross income,
  164  whether earned or unearned, that is derived from any source by
  165  family or household members who are 18 years of age or older and
  166  are currently residing together in a dwelling unit. The term
  167  does not include income earned by a currently enrolled high
  168  school student who, since attaining the age of 18 years, has not
  169  terminated school enrollment or received a high school diploma,
  170  high school equivalency diploma, special diploma, or certificate
  171  of high school completion. The term also does not include
  172  Supplemental Nutrition Assistance Program benefits or federal
  173  housing assistance payments issued directly to a landlord or the
  174  associated utilities expenses.
  175         (g) “Family or household members” means spouses, former
  176  spouses, persons related by blood or marriage, persons who are
  177  parents of a child in common regardless of whether they have
  178  been married, and other persons who are currently residing
  179  together in a dwelling unit.
  180         (h) “Full-time care” means at least 6 hours, but not more
  181  than 1l hours, of child care or early childhood education
  182  services within a 24-hour period.
  183         (i) “Gold Seal premium percentage” means a specified
  184  percentage that, for a school readiness provider that maintains
  185  the Gold Seal Quality Care designation under s. 402.281, is
  186  applied to the provider’s adjusted payment rate.
  187         (j) “In loco parentis” means acting as a child’s temporary
  188  guardian.
  189         (k) “Market rate” means the price that a child care or
  190  early childhood education provider charges for full-time or
  191  part-time daily, weekly, or monthly child care or early
  192  childhood education services.
  193         (l) “Office” means the Office of Early Learning of the
  194  Department of Education.
  195         (m) “Parent” means a parent by blood, marriage, or
  196  adoption; a legal guardian; or another person standing in loco
  197  parentis.
  198         (n) “Part-time care” means less than 6 hours of child care
  199  or early childhood education services within a 24-hour period.
  200         (o) “Prevailing market rate” means the biennially
  201  determined statewide median of the market rate for child care
  202  and early childhood education services.
  203         (p) “Unearned income” means income other than earned
  204  income. The term includes, but is not limited to:
  205         1. Documented alimony and child support received.
  206         2. Social security benefits.
  207         3. Supplemental Security Income benefits.
  208         4. Workers’ compensation benefits.
  209         5. Unemployment compensation benefits.
  210         6. Veterans’ benefits.
  211         7. Retirement benefits.
  212         8. Temporary cash assistance under chapter 414.
  213         9. Military housing assistance under the federal Family
  214  Subsistence Supplemental Allowance program.
  215         (q) “Working family” means:
  216         1. A single-parent family in which the parent with whom the
  217  child resides is employed or engaged in eligible education
  218  activities for at least 20 hours per week;
  219         2. A two-parent family in which both parents with whom the
  220  child resides are each employed or engaged in eligible education
  221  activities for at least 20 hours per week; or
  222         3. A family in which the parents, as prescribed by rule of
  223  the Office of Early Learning, are exempt from work requirements
  224  due to age or a disability as determined and documented by a
  225  physician licensed under chapter 458 or chapter 459.
  226         (4)(3) PARENTAL PARTICIPATION IN SCHOOL READINESS
  227  PROGRAMS.—This section does not:
  228         (a) Relieve parents and guardians of their own obligations
  229  to prepare their children for school; or
  230         (b) Create any obligation to provide publicly funded school
  231  readiness programs or services beyond those authorized by the
  232  Legislature.
  233         (5)(4) OFFICE OF EARLY LEARNING OF THE DEPARTMENT OF
  234  EDUCATION.—
  235         (a) The Office of Early Learning shall administer school
  236  readiness programs at the state level and shall coordinate with
  237  the early learning coalitions in providing school readiness
  238  services on a full-day, full-year, full-choice basis to the
  239  extent possible in order to enable parents to work and be
  240  financially self-sufficient.
  241         (b) The Office of Early Learning shall:
  242         1. Prioritize services for eligible children from birth
  243  through kindergarten.
  244         2.1. Coordinate the birth-to-kindergarten services for
  245  children who are eligible under subsection (7) (6) and the
  246  programmatic, administrative, and fiscal standards under this
  247  chapter section for all public providers of school readiness
  248  programs.
  249         3.2. Focus on improving the educational quality of all
  250  program providers participating in publicly funded school
  251  readiness programs.
  252         4.3. Provide comprehensive services to the state’s birth
  253  to-5 population, which shall ensure the preservation of parental
  254  choice by permitting parents to choose from a variety of child
  255  care categories, including: center-based child care; group home
  256  child care; family child care; and in-home child care. Care and
  257  curriculum by a sectarian provider may not be limited or
  258  excluded in any of these categories.
  259         (c) The Governor shall designate the Office of Early
  260  Learning as the lead agency for administration of the federal
  261  Child Care and Development Fund, 45 C.F.R. parts 98 and 99, and
  262  the office shall comply with the lead agency responsibilities
  263  under federal law.
  264         (d) The Office of Early Learning shall:
  265         1. Be responsible for the prudent use of all public and
  266  private funds in accordance with all legal and contractual
  267  requirements.
  268         2. Adopt a uniform chart of accounts for budgeting and
  269  financial reporting purposes to provide standardized definitions
  270  for expenditures and reporting which are consistent with
  271  subsection (10) for each of the following categories of
  272  expenditures:
  273         a. Direct services to children.
  274         b. Administrative costs.
  275         c. Quality activities.
  276         d. Nondirect services.
  277         3.2. Provide final approval and every 2 years review early
  278  learning coalitions and school readiness plans.
  279         4.3. Establish a unified approach to the state’s efforts
  280  toward enhancement of school readiness. In support of this
  281  effort, the Office of Early Learning shall adopt specific system
  282  support services that address the state’s school readiness
  283  programs, and each. An early learning coalition shall implement
  284  amend its school readiness plan to conform to the specific
  285  system support services in its school readiness plan as provided
  286  in subparagraph (6)(c)2. adopted by the Office of Early
  287  Learning. System support services shall include, but are not
  288  limited to:
  289         a. Child care resource and referral services;
  290         b. Warm-Line services;
  291         c. Eligibility determinations;
  292         d. Child performance standards;
  293         e. Child screening and assessment;
  294         f. Developmentally appropriate curricula;
  295         g. Health and safety requirements;
  296         h. Statewide data system requirements; and
  297         i. Rating and improvement systems.
  298         5.4. Safeguard the effective use of federal, state, local,
  299  and private resources to achieve the highest possible level of
  300  school readiness for the children in this state.
  301         5. Adopt a rule establishing criteria for the expenditure
  302  of funds designated for the purpose of funding activities to
  303  improve the quality of child care within the state in accordance
  304  with s. 658G of the federal Child Care and Development Block
  305  Grant Act.
  306         6. Provide technical assistance to early learning
  307  coalitions in a manner determined by the Office of Early
  308  Learning based upon information obtained by the office from
  309  various sources, including, but not limited to, public input,
  310  government reports, private interest group reports, office
  311  monitoring visits, and coalition requests for service.
  312         7. In cooperation with the early learning coalitions,
  313  coordinate with the Child Care Services Program Office of the
  314  Department of Children and Families Family Services to minimize
  315  duplicating interagency activities, health and safety
  316  monitoring, and acquiring and composing data pertaining to child
  317  care training and credentialing.
  318         8. Develop and adopt performance standards and outcome
  319  measures for school readiness programs. The performance
  320  standards must address the age-appropriate progress of children
  321  in the development of school readiness skills. The performance
  322  standards for children from birth to 5 years of age in school
  323  readiness programs must be integrated with the performance
  324  standards adopted by the Department of Education for children in
  325  the Voluntary Prekindergarten Education Program under s.
  326  1002.67.
  327         9. Adopt a list of approved curricula that meet the
  328  performance standards for school readiness programs and
  329  establish a process for the review and approval of a provider’s
  330  curriculum that meets the performance standards.
  331         10. By July 1, 2014, identify and adopt a preassessment and
  332  postassessment aligned with the performance standards adopted
  333  pursuant to subparagraph 8. Upon adoption, the preassessments
  334  and postassessments shall immediately be implemented and used by
  335  school readiness providers. The Office of Early Learning shall
  336  collect the results of the preassessments and postassessments
  337  statewide to evaluate the effectiveness of the school readiness
  338  programs. At a minimum, a preassessment shall be administered to
  339  each child who participates in a school readiness program within
  340  the first 60 days after enrollment. By May 30 of each year, a
  341  postassessment shall be administered to each child who
  342  participates in a provider’s program for at least the previous 6
  343  months.
  344         11.9. Adopt a statewide provider standard contract, and
  345  prescribe a standardized format for such contract, which that
  346  must be used by the coalitions to annually contract when
  347  contracting with each school readiness provider providers. A
  348  coalition may not omit, supplement, or amend any provision of
  349  the statewide provider contract. In addition, a coalition may
  350  not insert or append attachments, addenda, or exhibits to the
  351  statewide provider contract. The office shall publish a copy of
  352  the statewide provider contract on its Internet website and
  353  provide a copy of the contract to each coalition.
  354         12. Adopt a standardized methodology for monitoring
  355  compliance by school readiness providers with the terms of the
  356  statewide provider contract adopted under subparagraph 11.
  357         (e) The Office of Early Learning may adopt rules under ss.
  358  120.536(1) and 120.54 to administer the provisions of law
  359  conferring duties upon the office, including, but not limited
  360  to, rules governing the administration of system support
  361  services of school readiness programs, the adoption of a uniform
  362  chart of accounts, the adoption of a statewide provider contract
  363  and methodology for monitoring compliance with the contract, the
  364  adoption of a list of approved curricula, the collection of
  365  data, the approval of early learning coalitions and school
  366  readiness plans, the provision of a method whereby an early
  367  learning coalition may serve two or more counties, the award of
  368  incentives to early learning coalitions, child performance
  369  standards, child outcome measures, monitoring of the quality
  370  activities as described in subparagraph (10)(d)2., the issuance
  371  of waivers, and the implementation of the state’s Child Care and
  372  Development Fund Plan as approved by the federal Administration
  373  for Children and Families.
  374         (f) The Office of Early Learning shall have all powers
  375  necessary to administer this section, including, but not limited
  376  to, the power to receive and accept grants, loans, or advances
  377  of funds from any public or private agency and to receive and
  378  accept from any source contributions of money, property, labor,
  379  or any other thing of value, to be held, used, and applied for
  380  purposes of this section.
  381         (g) Except as provided by law, the Office of Early Learning
  382  may not impose requirements on a child care or early childhood
  383  education provider that does not deliver services under the
  384  school readiness programs or receive state or federal funds
  385  under this section.
  386         (h) The Office of Early Learning shall coordinate with
  387  other state and federal agencies to perform data matches on
  388  children participating in school readiness programs and their
  389  families in order to verify the children’s eligibility pursuant
  390  to subsection (7) have a budget for school readiness programs,
  391  which shall be financed through an annual appropriation made for
  392  purposes of this section in the General Appropriations Act.
  393         (i) The Office of Early Learning shall coordinate the
  394  efforts toward school readiness in this state and provide
  395  independent policy analyses, data analyses, and recommendations
  396  to the Governor, the State Board of Education, and the
  397  Legislature.
  398         (j) The Office of Early Learning shall require that school
  399  readiness programs, at a minimum, enhance the age-appropriate
  400  progress of each child in attaining the performance standards
  401  adopted under subparagraph (d)8. and in the development of the
  402  following school readiness skills:
  403         1. Compliance with rules, limitations, and routines.
  404         2. Ability to perform tasks.
  405         3. Interactions with adults.
  406         4. Interactions with peers.
  407         5. Ability to cope with challenges.
  408         6. Self-help skills.
  409         7. Ability to express the child’s needs.
  410         8. Verbal communication skills.
  411         9. Problem-solving skills.
  412         10. Following of verbal directions.
  413         11. Demonstration of curiosity, persistence, and
  414  exploratory behavior.
  415         12. Interest in books and other printed materials.
  416         13. Paying attention to stories.
  417         14. Participation in art and music activities.
  418         15. Ability to identify colors, geometric shapes, letters
  419  of the alphabet, numbers, and spatial and temporal
  420  relationships.
  421  
  422  Within 30 days after enrollment in the school readiness program,
  423  the early learning coalition must ensure that the program
  424  provider obtains information regarding the child’s
  425  immunizations, physical development, and other health
  426  requirements as necessary, including appropriate vision and
  427  hearing screening and examinations. For a program provider
  428  licensed by the Department of Children and Family Services, the
  429  provider’s compliance with s. 402.305(9), as verified pursuant
  430  to s. 402.311, shall satisfy this requirement.
  431         (k) The Office of Early Learning shall conduct studies and
  432  planning activities related to the overall improvement and
  433  effectiveness of the outcome measures adopted by the office for
  434  school readiness programs and the specific system support
  435  services to address the state’s school readiness programs
  436  adopted by the Office of Early Learning in accordance with
  437  subparagraph (d)4. (d)3.
  438         (l) The Office of Early Learning shall monitor and evaluate
  439  the performance of each early learning coalition in
  440  administering the school readiness program, implementing the
  441  coalition’s school readiness plan, and administering the
  442  Voluntary Prekindergarten Education Program. These monitoring
  443  and performance evaluations must include, at a minimum, onsite
  444  monitoring of each coalition’s finances, management, operations,
  445  and programs.
  446         (m) The Office of Early Learning shall submit an annual
  447  report of its activities conducted under this section to the
  448  Governor, the President of the Senate, the Speaker of the House
  449  of Representatives, and the minority leaders of both houses of
  450  the Legislature. In addition, the Office of Early Learning’s
  451  reports and recommendations shall be made available to the
  452  Florida Early Learning Advisory Council and other appropriate
  453  state agencies and entities. The annual report must provide an
  454  analysis of school readiness activities across the state,
  455  including the number of children who were served in the
  456  programs.
  457         (n) The Office of Early Learning shall work with the early
  458  learning coalitions to ensure availability of training and
  459  support for parental involvement in children’s early education
  460  and to provide family literacy activities and services.
  461         (6)(5) CREATION OF EARLY LEARNING COALITIONS.—
  462         (a) Early learning coalitions.—
  463         1. Each early learning coalition shall maintain direct
  464  enhancement services at the local level and ensure access to
  465  such services in all 67 counties.
  466         2. The Office of Early Learning shall establish the minimum
  467  number of children to be served by each early learning coalition
  468  through the coalition’s school readiness program. The Office of
  469  Early Learning may only approve school readiness plans in
  470  accordance with this minimum number. The minimum number must be
  471  uniform for every early learning coalition and must result in
  472  the establishment of:
  473         a. Thirty-one Permit 31 or fewer coalitions to be
  474  established; and
  475         b. Coalitions that are Require each of adequate size and
  476  operational scale to comply with the expenditure limits in
  477  paragraph (10)(d) coalition to serve at least 2,000 children
  478  based upon the average number of all children served per month
  479  through the coalition’s school readiness program during the
  480  previous 12 months.
  481         3. If an early learning coalition is not able to comply
  482  with the expenditure limits in paragraph (10)(d) would serve
  483  fewer children than the minimum number established under
  484  subparagraph 2., the coalition must merge with another
  485  coalition, or two or more coalitions may agree to change the
  486  counties that comprise each coalition, such that each resulting
  487  county to form a multicounty coalition is of adequate size and
  488  operational scale to comply with the expenditure limits. The
  489  Office of Early Learning shall adopt procedures for merging
  490  early learning coalitions, including procedures for the
  491  consolidation of merging coalitions, and for the early
  492  termination of the terms of coalition members which are
  493  necessary to accomplish the mergers. However, the office may of
  494  Early Learning shall grant a waiver from this subparagraph for
  495  to an early learning coalition that is unable to comply with the
  496  expenditure limits in paragraph (10)(d) during the 2013-2014
  497  fiscal year, the 2014-2015 fiscal year, or both fiscal years, if
  498  the coalition submits to the office adequate documentation
  499  describing and justifying the reasons that the coalition was
  500  unable to comply with the expenditure limits to serve fewer
  501  children than the minimum number established under subparagraph
  502  2., if:
  503         a. The Office of Early Learning has determined during the
  504  most recent review of the coalition’s school readiness plan, or
  505  through monitoring and performance evaluations conducted under
  506  paragraph (4)(l), that the coalition has substantially
  507  implemented its plan;
  508         b. The coalition demonstrates to the Office of Early
  509  Learning the coalition’s ability to effectively and efficiently
  510  implement the Voluntary Prekindergarten Education Program; and
  511         c. The coalition demonstrates to the Office of Early
  512  Learning that the coalition can perform its duties in accordance
  513  with law.
  514  
  515  If an early learning coalition fails or refuses to merge as
  516  required by this subparagraph, the Office of Early Learning may
  517  dissolve the coalition and temporarily contract with a qualified
  518  entity to continue school readiness and prekindergarten services
  519  in the coalition’s county or multicounty region until the office
  520  reestablishes the coalition and a new school readiness plan is
  521  approved by the office.
  522         4. Each early learning coalition shall be composed of at
  523  least 15 members but not more than 30 members. The Office of
  524  Early Learning shall adopt standards establishing within this
  525  range the minimum and maximum number of members that may be
  526  appointed to an early learning coalition and procedures for
  527  identifying which members have voting privileges under
  528  subparagraph 6. These standards must include variations for a
  529  coalition serving a multicounty region. Each early learning
  530  coalition must comply with these standards.
  531         5. The Governor shall appoint the chair and two other
  532  members of each early learning coalition, who must each meet the
  533  same qualifications as private sector business members appointed
  534  by the coalition under subparagraph 7.
  535         6. Each early learning coalition must include the following
  536  member positions; however, in a multicounty coalition, each ex
  537  officio member position may be filled by multiple nonvoting
  538  members but no more than one voting member shall be seated per
  539  member position. If an early learning coalition has more than
  540  one member representing the same entity, only one of such
  541  members may serve as a voting member:
  542         a. A Department of Children and Families Family Services
  543  circuit administrator or his or her designee who is authorized
  544  to make decisions on behalf of the department.
  545         b. A district superintendent of schools or his or her
  546  designee who is authorized to make decisions on behalf of the
  547  district.
  548         c. A regional workforce board executive director or his or
  549  her designee.
  550         d. A county health department director or his or her
  551  designee.
  552         e. A children’s services council or juvenile welfare board
  553  chair or executive director, if applicable.
  554         f. An agency head of a local licensing agency as defined in
  555  s. 402.302, where applicable.
  556         g. A president of a Florida community College System
  557  institution or his or her designee.
  558         h. One member appointed by a board of county commissioners
  559  or the governing board of a municipality.
  560         i. A central agency administrator, where applicable.
  561         j. A Head Start director.
  562         k. A representative of private for-profit child care
  563  providers, including private for-profit family day care homes.
  564         l. A representative of faith-based child care providers.
  565         m. A representative of programs for children with
  566  disabilities under the federal Individuals with Disabilities
  567  Education Act.
  568         7. Including the members appointed by the Governor under
  569  subparagraph 5., more than one-third of the members of each
  570  early learning coalition must be private sector business members
  571  who do not have, and none of whose relatives as defined in s.
  572  112.3143 has, a substantial financial interest in the design or
  573  delivery of the Voluntary Prekindergarten Education Program
  574  created under part V of chapter 1002 or the coalition’s school
  575  readiness program. To meet this requirement an early learning
  576  coalition must appoint additional members. The Office of Early
  577  Learning shall establish criteria for appointing private sector
  578  business members. These criteria must include standards for
  579  determining whether a member or relative has a substantial
  580  financial interest in the design or delivery of the Voluntary
  581  Prekindergarten Education Program or the coalition’s school
  582  readiness program.
  583         8. A majority of the voting membership of an early learning
  584  coalition constitutes a quorum required to conduct the business
  585  of the coalition. An early learning coalition board may use any
  586  method of telecommunications to conduct meetings, including
  587  establishing a quorum through telecommunications, provided that
  588  the public is given proper notice of a telecommunications
  589  meeting and reasonable access to observe and, when appropriate,
  590  participate.
  591         9. A voting member of an early learning coalition may not
  592  appoint a designee to act in his or her place, except as
  593  otherwise provided in this paragraph. A voting member may send a
  594  representative to coalition meetings, but that representative
  595  does not have voting privileges. When a district administrator
  596  for the Department of Children and Families Family Services
  597  appoints a designee to an early learning coalition, the designee
  598  is the voting member of the coalition, and any individual
  599  attending in the designee’s place, including the district
  600  administrator, does not have voting privileges.
  601         10. Each member of an early learning coalition is subject
  602  to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
  603  112.3143(3)(a), each voting member is a local public officer who
  604  must abstain from voting when a voting conflict exists.
  605         11. For purposes of tort liability, each member or employee
  606  of an early learning coalition shall be governed by s. 768.28.
  607         12. An early learning coalition serving a multicounty
  608  region must include representation from each county.
  609         13. Each early learning coalition shall establish terms for
  610  all appointed members of the coalition. The terms must be
  611  staggered and must be a uniform length that does not exceed 4
  612  years per term. Coalition chairs shall be appointed for 4 years
  613  in conjunction with their membership on the Early Learning
  614  Advisory Council under s. 20.052. Appointed members may serve a
  615  maximum of two consecutive terms. When a vacancy occurs in an
  616  appointed position, the coalition must advertise the vacancy.
  617         (b) Limitation.—Except as provided by law, the early
  618  learning coalitions may not impose requirements on a child care
  619  or early childhood education provider that does not deliver
  620  services under the school readiness programs or receive state,
  621  federal, required maintenance of effort, or matching funds under
  622  this section.
  623         (c) Program expectations.—
  624         1. The school readiness program must meet the following
  625  expectations:
  626         a. The program must, at a minimum, enhance the age
  627  appropriate progress of each child in attaining the performance
  628  standards and outcome measures adopted by the Office of Early
  629  Learning.
  630         b. The program must provide extended-day and extended-year
  631  services to the maximum extent possible without compromising the
  632  quality of the program to meet the needs of parents who work.
  633         c. The program must provide a coordinated professional
  634  development system that supports the achievement and maintenance
  635  of core competencies by school readiness instructors in helping
  636  children attain the performance standards and outcome measures
  637  adopted by the Office of Early Learning.
  638         d. There must be expanded access to community services and
  639  resources for families to help achieve economic self
  640  sufficiency.
  641         e. There must be a single point of entry and unified
  642  waiting list. As used in this sub-subparagraph, the term “single
  643  point of entry” means an integrated information system that
  644  allows a parent to enroll his or her child in the school
  645  readiness program at various locations throughout a county, that
  646  may allow a parent to enroll his or her child by telephone or
  647  through an Internet website, and that uses a unified waiting
  648  list to track eligible children waiting for enrollment in the
  649  school readiness program. The Office of Early Learning shall
  650  establish through technology a single statewide information
  651  system that each coalition must use for the purposes of managing
  652  the single point of entry, tracking children’s progress,
  653  coordinating services among stakeholders, determining
  654  eligibility, tracking child attendance, and streamlining
  655  administrative processes for providers and early learning
  656  coalitions.
  657         f. The Office of Early Learning must consider the access of
  658  eligible children to the school readiness program, as
  659  demonstrated in part by waiting lists, before approving a
  660  proposed increase in payment rates submitted by an early
  661  learning coalition. In addition, early learning coalitions shall
  662  use school readiness funds made available due to enrollment
  663  shifts from school readiness programs to the Voluntary
  664  Prekindergarten Education Program for increasing the number of
  665  children served in school readiness programs before increasing
  666  payment rates.
  667         f.g. The program must meet all state licensing guidelines,
  668  where applicable. For a child care facility, large family child
  669  care home, or licensed family day care home, compliance with s.
  670  402.305, s. 402.313, or s. 402.3131 satisfies this requirement.
  671  For a public or nonpublic school, compliance with s. 402.3025 or
  672  s. 1003.22 satisfies this requirement. A faith-based child care
  673  provider exempt from licensure under s. 402.316 must meet or
  674  exceed the requirements of s. 402.305, except for square footage
  675  per child, as determined by an onsite inspection by an early
  676  learning coalition. An informal child care provider or
  677  registered family day care home must meet or exceed the
  678  requirements of s. 402.313. A before-school or after-school
  679  program must meet or exceed the requirements of s. 402.305(5),
  680  (6), and (7).
  681         g.h. The program must ensure that minimum standards for
  682  child discipline practices are age-appropriate. Such standards
  683  must provide that children not be subjected to discipline that
  684  is severe, humiliating, or frightening or discipline that is
  685  associated with food, rest, or toileting. Spanking or any other
  686  form of physical punishment is prohibited.
  687         2. Each early learning coalition must implement a
  688  comprehensive program of school readiness services in accordance
  689  with this chapter and the rules adopted by the office which
  690  enhance the cognitive, social, and physical development of
  691  children to achieve the performance standards and outcome
  692  measures. At a minimum, these programs must contain the
  693  following system support service elements:
  694         a. Developmentally appropriate curriculum designed to
  695  enhance the age-appropriate progress of children in attaining
  696  the performance standards adopted by the Office of Early
  697  Learning under subparagraph (5)(d)8. (4)(d)8.
  698         b. A character development program to develop basic values.
  699         c. An age-appropriate screening of each child’s development
  700  and an appropriate referral process for children with identified
  701  delays.
  702         d. An age-appropriate preassessment and postassessment of
  703  children as provided in subparagraph (5)(d)10. assessment
  704  administered to children when they enter a program and an age
  705  appropriate assessment administered to children when they leave
  706  the program.
  707         e. An appropriate staff-to-children ratio, pursuant to s.
  708  402.305(4) or s. 402.302(8) or (11), as applicable, and as
  709  verified pursuant to s. 402.311.
  710         f. A healthy and safe environment pursuant to s. 402.305
  711  401.305(5), (6), and (7), as applicable, and as verified
  712  pursuant to s. 402.311.
  713         g. A resource and referral network established under s.
  714  411.0101 to assist parents in making an informed choice and a
  715  regional Warm-Line under s. 411.01015.
  716  
  717  The Office of Early Learning and early learning coalitions shall
  718  coordinate with the Child Care Services Program Office of the
  719  Department of Children and Families Family Services to minimize
  720  duplicating interagency activities pertaining to acquiring and
  721  composing data for child care training and credentialing.
  722         (d) Implementation.—
  723         1. An early learning coalition may not implement the school
  724  readiness program until the coalition’s school readiness plan is
  725  approved by the Office of Early Learning.
  726         2. Each early learning coalition shall coordinate with one
  727  another to implement a comprehensive program of school readiness
  728  services which enhances the cognitive, social, physical, and
  729  moral character of the children to achieve the performance
  730  standards and outcome measures and which helps families achieve
  731  economic self-sufficiency. Such program must contain, at a
  732  minimum, the following elements:
  733         a. Implement the school readiness program to meet the
  734  requirements of this section and the system support services,
  735  performance standards, and outcome measures adopted by the
  736  Office of Early Learning.
  737         b. Demonstrate how the program will ensure that each child
  738  from birth through 5 years of age in a publicly funded school
  739  readiness program receives scheduled activities and instruction
  740  designed to enhance the age-appropriate progress of the children
  741  in attaining the performance standards adopted by the department
  742  under subparagraph (5)(d)8. (4)(d)8.
  743         c. Ensure that the coalition has solicited and considered
  744  comments regarding the proposed school readiness plan from the
  745  local community.
  746  
  747  Before implementing the school readiness program, the early
  748  learning coalition must submit the plan to the office for
  749  approval. The office may approve the plan, reject the plan, or
  750  approve the plan with conditions. The office shall review school
  751  readiness plans at least every 2 years.
  752         3. If the Office of Early Learning determines during the
  753  review of school readiness plans, or through monitoring and
  754  performance evaluations conducted under paragraph (5)(l) (4)(l),
  755  that an early learning coalition has not substantially
  756  implemented its plan, has not substantially met the performance
  757  standards and outcome measures adopted by the office, or has not
  758  effectively administered the school readiness program or
  759  Voluntary Prekindergarten Education Program, the office may
  760  dissolve the coalition and temporarily contract with a qualified
  761  entity to continue school readiness and prekindergarten services
  762  in the coalition’s county or multicounty region until the office
  763  reestablishes the coalition and a new school readiness plan is
  764  approved in accordance with the rules adopted by the office.
  765         4. The Office of Early Learning shall adopt rules
  766  establishing criteria for the approval of school readiness
  767  plans. The criteria must be consistent with the system support
  768  services, performance standards, and outcome measures adopted by
  769  the office and must require each approved plan to include the
  770  following minimum standards for the school readiness program:
  771         a. A community plan that addresses the needs of all
  772  children and providers within the coalition’s county or
  773  multicounty region.
  774         b. A sliding fee scale establishing a copayment for parents
  775  based upon their ability to pay, which is the same for all
  776  program providers.
  777         b.c. A choice of settings and locations in licensed,
  778  registered, religious-exempt, or school-based programs to be
  779  provided to parents.
  780         d. Specific eligibility priorities for children in
  781  accordance with subsection (6).
  782         c.e. Performance standards and outcome measures adopted by
  783  the office.
  784         f. Payment rates adopted by the early learning coalitions
  785  and approved by the office. Payment rates may not have the
  786  effect of limiting parental choice or creating standards or
  787  levels of services that have not been expressly established by
  788  the Legislature, unless the creation of such standards or levels
  789  of service, which must be uniform throughout the state, has been
  790  approved by the Federal Government and result in the state being
  791  eligible to receive additional federal funds available for early
  792  learning on a statewide basis.
  793         g. Direct enhancement services for families and children.
  794  System support and direct enhancement services shall be in
  795  addition to payments for the placement of children in school
  796  readiness programs. Direct enhancement services for families may
  797  include parent training and involvement activities and
  798  strategies to meet the needs of unique populations and local
  799  eligibility priorities. Enhancement services for children may
  800  include provider supports and professional development approved
  801  in the plan by the Office of Early Learning.
  802         d.h. The business organization of the early learning
  803  coalition, which must include the coalition’s articles of
  804  incorporation and bylaws if the coalition is organized as a
  805  corporation. If the coalition is not organized as a corporation
  806  or other business entity, the plan must include the contract
  807  with a fiscal agent. An early learning coalition may contract
  808  with other coalitions to achieve efficiency in multicounty
  809  services, and these contracts may be part of the coalition’s
  810  school readiness plan.
  811         i. The implementation of locally developed quality programs
  812  in accordance with the requirements adopted by the office under
  813  subparagraph (4)(d)5.
  814  
  815  The Office of Early Learning may request the Governor to apply
  816  for a waiver to allow the coalition to administer the Head Start
  817  Program to accomplish the purposes of the school readiness
  818  program.
  819         5. Persons with an early childhood teaching certificate may
  820  provide support and supervision to other staff in the school
  821  readiness program.
  822         6. An early learning coalition may not implement its school
  823  readiness plan until it submits the plan to, and receives
  824  approval from, the Office of Early Learning. Once the plan is
  825  approved, the plan and the services provided under the plan
  826  shall be controlled by the early learning coalition. The plan
  827  shall be reviewed and revised as necessary, but at least
  828  biennially. An early learning coalition may not implement the
  829  revisions until the coalition submits the revised plan to, and
  830  receives approval from, the office. If the office rejects a
  831  revised plan, the coalition must continue to operate under its
  832  prior approved plan.
  833         7. Section 125.901(2)(a)3. does not apply to school
  834  readiness programs. The Office of Early Learning may apply to
  835  the Governor and Cabinet for a waiver of, and the Governor and
  836  Cabinet may waive, any of the provisions of ss. 411.223 and
  837  1003.54, if the waiver is necessary for implementation of school
  838  readiness programs.
  839         8. Two or more early learning coalitions may join for
  840  purposes of planning and implementing a school readiness
  841  program.
  842         (e) Requests for proposals; payment schedule.—
  843         1. Each early learning coalition must comply with federal
  844  the procurement requirements and the expenditure requirements of
  845  procedures adopted by the Office of Early Learning, including,
  846  but not limited to, applying the procurement and expenditure
  847  procedures required by federal and state law and state rules for
  848  the expenditure of federal funds.
  849         2. Each early learning coalition shall adopt a payment
  850  schedule that encompasses all programs funded under this
  851  section. The payment schedule must take into consideration the
  852  prevailing market rate, must include the projected number of
  853  children to be served, and must be submitted for approval by the
  854  Office of Early Learning. Informal child care arrangements shall
  855  be reimbursed at not more than 50 percent of the rate adopted
  856  for a family day care home.
  857         (f) Evaluation and annual report.—Each early learning
  858  coalition shall conduct an evaluation of its implementation of
  859  the school readiness program, including system support services,
  860  performance standards, and outcome measures, and shall provide
  861  an annual report and fiscal statement to the Office of Early
  862  Learning. This report must also include an evaluation of the
  863  effectiveness of its direct enhancement services and conform to
  864  the content and format specifications adopted by the Office of
  865  Early Learning. The Office of Early Learning must include an
  866  analysis of the early learning coalitions’ reports in the
  867  office’s annual report.
  868         (7)(6) PROGRAM ELIGIBILITY AND ENROLLMENT.—The school
  869  readiness program is established for children from birth to the
  870  beginning of the school year for which a child is eligible for
  871  admission to kindergarten in a public school under s.
  872  1003.21(1)(a)2. or who are eligible for any federal subsidized
  873  child care program.
  874         (a) Each early learning coalition shall give priority for
  875  participation in the school readiness program as follows:
  876         1.(a) Priority shall be given first to a child younger than
  877  13 years of age from a working family that includes in which
  878  there is an adult receiving temporary cash assistance who is
  879  subject to federal work requirements under chapter 414.
  880         2.(b) Priority shall be given next to an at-risk a child
  881  younger than 9 years of age who is eligible for a school
  882  readiness program but who has not yet entered school, who is
  883  served by the Family Safety Program Office of the Department of
  884  Children and Family Services or a community-based lead agency
  885  under chapter 39 or chapter 409, and for whom child care is
  886  needed to minimize risk of further abuse, neglect, or
  887  abandonment.
  888         3. Priority shall be given next to:
  889         a. A child younger than 6 years of age from a working
  890  family, including a working migratory family, that is
  891  economically disadvantaged. However, the child ceases to be
  892  eligible if his or her family income exceeds 200 percent of the
  893  federal poverty level; or
  894         b. A child who has special needs, is younger than 6 years
  895  of age, has been determined eligible as a student having
  896  disabilities, and has a current family support plan or
  897  individual education plan.
  898         4. Priority shall be given next to an at-risk child who is
  899  at least 9 years of age, but younger than 13 years of age. An
  900  at-risk child whose sibling is enrolled in the school readiness
  901  program within an eligibility priority category listed in
  902  subparagraphs 1.-3. shall be given priority over other children
  903  who are eligible under this subparagraph.
  904         5. Priority shall be given next to a child who is at least
  905  6 years of age, but younger than 13 years of age, and who is a
  906  sibling of a child enrolled in the school readiness program
  907  within the eligibility priority category listed in sub
  908  subparagraph 3.a.
  909         6. Notwithstanding subparagraphs 1.-5., priority shall be
  910  given last to a child who otherwise meets one of the eligibility
  911  criteria in subparagraphs 1.-5. but who is also enrolled
  912  concurrently in the federal Head Start program and the Voluntary
  913  Prekindergarten Education Program.
  914         (b) A school readiness provider may be paid only for
  915  authorized hours of care provided for a child in the school
  916  readiness program. A child enrolled in the Voluntary
  917  Prekindergarten Education Program may receive care from the
  918  school readiness program if the child is eligible according to
  919  the eligibility priorities in paragraph (a).
  920         (c) A coalition shall enroll all eligible children,
  921  including those from its waiting list, according to the
  922  eligibility priorities provided in paragraph (a).
  923         (d) The parent of a child enrolled in the school readiness
  924  program must notify the coalition or its designee within 10 days
  925  after any change in employment, income, or family size. Upon
  926  notification by the parent, the child’s eligibility must be
  927  reevaluated.
  928         (e) A child whose eligibility priority category requires
  929  the child to be from a working family ceases to be eligible for
  930  the school readiness program if a parent with whom the child
  931  resides does not reestablish employment within 30 days after
  932  becoming unemployed.
  933         (f) Eligibility for each child must be reevaluated
  934  annually. Upon reevaluation, a child may not continue to receive
  935  school readiness services if he or she ceases to be eligible
  936  under this subsection.
  937         (g) If a coalition disenrolls children from the school
  938  readiness program, the coalition must disenroll the children in
  939  reverse order of the eligibility priorities listed in paragraph
  940  (a), beginning with children from families with the highest
  941  family incomes. A notice of disenrollment must be sent to
  942  parents and school readiness providers at least 2 weeks before
  943  disenrollment to ensure adequate time for parents to arrange
  944  alternative care for their children. However, an at-risk child
  945  may not be disenrolled from the program without the written
  946  approval of the Family Safety Program Office of the Department
  947  of Children and Families or the community-based lead agency.
  948         (h)1. If a child is absent for 5 consecutive days without
  949  contact from the parent, the school readiness provider shall
  950  report the absences to the early learning coalition for a
  951  determination of the need for continued care.
  952         2. A school readiness provider, regardless of whether the
  953  provider is licensed, must comply with the reporting
  954  requirements under s. 39.604 for each at-risk child enrolled in
  955  the school readiness program, regardless of the child’s age or
  956  eligibility for protective services.
  957         (c) Subsequent priority shall be given to a child who meets
  958  one or more of the following criteria:
  959         1. A child who is younger than the age of kindergarten
  960  eligibility and:
  961         a. Is at risk of welfare dependency, including an
  962  economically disadvantaged child, a child of a participant in
  963  the welfare transition program, a child of a migratory
  964  agricultural worker, or a child of a teen parent.
  965         b. Is a member of a working family that is economically
  966  disadvantaged.
  967         c. For whom financial assistance is provided through the
  968  Relative Caregiver Program under s. 39.5085.
  969         2. A 3-year-old child or 4-year-old child who may not be
  970  economically disadvantaged but who has a disability; has been
  971  served in a specific part-time exceptional education program or
  972  a combination of part-time exceptional education programs with
  973  required special services, aids, or equipment; and was
  974  previously reported for funding part time under the Florida
  975  Education Finance Program as an exceptional student.
  976         3. An economically disadvantaged child, a child with a
  977  disability, or a child at risk of future school failure, from
  978  birth to 4 years of age, who is served at home through a home
  979  visitor program and an intensive parent education program.
  980         4. A child who meets federal and state eligibility
  981  requirements for the migrant preschool program but who is not
  982  economically disadvantaged.
  983  
  984  As used in this paragraph, the term “economically disadvantaged”
  985  means having a family income that does not exceed 150 percent of
  986  the federal poverty level. Notwithstanding any change in a
  987  family’s economic status, but subject to additional family
  988  contributions in accordance with the sliding fee scale, a child
  989  who meets the eligibility requirements upon initial registration
  990  for the program remains eligible until the beginning of the
  991  school year for which the child is eligible for admission to
  992  kindergarten in a public school under s. 1003.21(1)(a)2.
  993         (8)(7) PARENTAL CHOICE.—
  994         (a) Parental choice of child care providers shall be
  995  established, to the maximum extent practicable, in accordance
  996  with 45 C.F.R. s. 98.30.
  997         (b) As used in this subsection, the term “payment
  998  certificate” means a child care certificate as defined in 45
  999  C.F.R. s. 98.2.
 1000         (c) The school readiness program shall, in accordance with
 1001  45 C.F.R. s. 98.30, provide parental choice through a payment
 1002  certificate that ensures, to the maximum extent possible,
 1003  flexibility in the school readiness program and payment
 1004  arrangements. The payment certificate must bear the names of the
 1005  beneficiary and the program provider and, when redeemed, must
 1006  bear the signatures of both the beneficiary and an authorized
 1007  representative of the provider.
 1008         (d) If it is determined that a provider has given any cash
 1009  to the beneficiary in return for receiving a payment
 1010  certificate, the early learning coalition or its fiscal agent
 1011  shall refer the matter to the Department of Financial Services
 1012  pursuant to s. 414.411 for investigation.
 1013         (e) The office of the Chief Financial Officer shall
 1014  establish an electronic transfer system for the disbursement of
 1015  funds in accordance with this subsection. Each early learning
 1016  coalition shall fully implement the electronic funds transfer
 1017  system within 2 years after approval of the coalition’s school
 1018  readiness plan, unless a waiver is obtained from the Office of
 1019  Early Learning.
 1020         (9)(8) STANDARDS; OUTCOME MEASURES.—A program provider
 1021  participating in the school readiness program must meet the
 1022  performance standards and outcome measures adopted by the Office
 1023  of Early Learning.
 1024         (10)(9) FUNDING; SCHOOL READINESS PROGRAM.—
 1025         (a) Funding for the school readiness program shall be
 1026  allocated among the early learning coalitions in accordance with
 1027  this section, s. 411.013, and the General Appropriations Act.
 1028         (a) It is the intent of this section to establish an
 1029  integrated and quality seamless service delivery system for all
 1030  publicly funded early childhood education and child care
 1031  programs operating in this state.
 1032         (b)1. The Office of Early Learning shall administer school
 1033  readiness funds, plans, and policies and shall prepare and
 1034  submit a unified budget request for the school readiness system
 1035  in accordance with chapter 216.
 1036         2. All instructions to early learning coalitions for
 1037  administering this section shall emanate from the Office of
 1038  Early Learning in accordance with the policies of the
 1039  Legislature.
 1040         (c) The Office of Early Learning, subject to legislative
 1041  notice and review under s. 216.177, shall establish a formula
 1042  for the allocation of all state and federal school readiness
 1043  funds provided for children participating in the school
 1044  readiness program, whether served by a public or private
 1045  provider, based upon equity for each county. The allocation
 1046  formula must be submitted to the Governor, the chair of the
 1047  Senate Ways and Means Committee or its successor, and the chair
 1048  of the House of Representatives Fiscal Council or its successor
 1049  no later than January 1 of each year. If the Legislature
 1050  specifies changes to the allocation formula, the Office of Early
 1051  Learning shall allocate funds as specified in the General
 1052  Appropriations Act.
 1053         (c)(d) All state, federal, and required local maintenance
 1054  of-effort or matching funds provided to an early learning
 1055  coalition for purposes of this section shall be used for
 1056  implementation of its approved school readiness plan, including
 1057  the hiring of staff to effectively operate the coalition’s
 1058  school readiness program. As part of plan approval and periodic
 1059  plan review, the Office of Early Learning shall require that
 1060  administrative
 1061         (d) Costs must be kept to the minimum necessary for the
 1062  efficient and effective administration of the school readiness
 1063  program. However, no more than 4 percent of the funds described
 1064  in paragraph (c) may be used for administrative costs as
 1065  described in subparagraph 1., and, except as otherwise specified
 1066  in the General Appropriations Act, no more than 18 percent of
 1067  the funds described in paragraph (c) may be used for any
 1068  combination of the following administrative costs, quality
 1069  activities, or nondirect services:
 1070         1. Administrative costs as described in 45 C.F.R. s. 98.52.
 1071         2. Activities to improve the quality of child care as
 1072  described in 45 C.F.R. s. 98.51, which must be limited to the
 1073  following:
 1074         a. Developing, establishing, expanding, operating, and
 1075  coordinating resource and referral programs specifically related
 1076  to the provision of comprehensive consumer education to parents
 1077  and the public regarding participation in the school readiness
 1078  program.
 1079         b. Awarding grants to school readiness providers to assist
 1080  them in meeting applicable state requirements for child care
 1081  performance standards, implementing developmentally appropriate
 1082  curricula and related classroom resources that support
 1083  curricula, providing literacy supports, and providing
 1084  professional development.
 1085         c. Providing training and technical assistance for school
 1086  readiness providers, staff, and parents on child performance
 1087  standards, child screenings, child assessments, developmentally
 1088  appropriate curricula, character development, teacher-child
 1089  interactions, age-appropriate discipline practices, health and
 1090  safety, nutrition, first aid, the recognition of communicable
 1091  diseases, and child abuse detection and prevention.
 1092         d. Providing from among the funds allocated for the
 1093  activities described in sub-subparagraphs a.-c. adequate funding
 1094  for infants and toddlers as necessary to meet federal
 1095  requirements related to expenditures for quality activities for
 1096  infant and toddler care.
 1097         e. Monitoring providers using the standardized methodology
 1098  adopted pursuant to subparagraph (5)(d)12. to improve compliance
 1099  with state and federal regulations and law pursuant to the
 1100  requirements of the statewide provider contract adopted pursuant
 1101  to subparagraph (5)(d)11.
 1102         f. Assisting the provider in implementing a preassessment
 1103  and postassessment approved by the Office of Early Learning.
 1104         g. Responding to Warm-Line calls by providers and parents
 1105  related to school readiness children, including providing
 1106  developmental and health screenings to school readiness
 1107  children.
 1108         3. Nondirect services as described in 63 Fed. Reg. 39962
 1109  39963 (July 24, 1998) and applicable Office of Management and
 1110  Budget instructions required to administer the school readiness
 1111  program. As used in this paragraph, the term “nondirect
 1112  services” does not include payments to school readiness
 1113  providers for direct services provided to children who are
 1114  eligible under paragraph (7)(a), administrative costs as
 1115  described in subparagraph 1., or quality activities as described
 1116  in subparagraph 2. plan, but total administrative expenditures
 1117  must not exceed 5 percent unless specifically waived by the
 1118  Office of Early Learning. The Office of Early Learning shall
 1119  annually report to the Legislature any problems relating to
 1120  administrative costs.
 1121         (e)1. A sliding fee scale percentage shall be provided in
 1122  the General Appropriations Act, which must be the same for all
 1123  school readiness providers. A parent’s copayment for the school
 1124  readiness program shall be determined by multiplying the sliding
 1125  fee scale percentage by the family income and adjusting for
 1126  family size.
 1127         2. Each early learning coalition shall implement the
 1128  sliding fee scale as provided in the General Appropriations Act.
 1129  A coalition may, on a case-by-case basis, waive the copayment
 1130  for an at-risk child or temporarily waive the copayment for a
 1131  child whose family experiences a natural disaster or emergency
 1132  situation such as a household fire or burglary.
 1133         (f)1. An adjusted payment rate percentage shall be provided
 1134  in the General Appropriations Act, which must be used to
 1135  determine annual payment rates for school readiness providers.
 1136  The annual payment rates for each type of school readiness
 1137  provider and level of care is calculated by:
 1138         a. Multiplying the prevailing market rate for the
 1139  respective type of school readiness provider and level of care
 1140  by the adjusted payment rate percentage;
 1141         b. Adjusting the product of sub-subparagraph a. by the
 1142  district cost differential as provided in s. 1011.62(2) for the
 1143  county in which the school readiness provider is located; and
 1144         c. If the school readiness provider has the Gold Seal
 1145  Quality Care designation under s. 402.281, multiplying the
 1146  product of sub-subparagraph b. by the Gold Seal premium
 1147  percentage provided in the General Appropriations Act.
 1148         2. A school readiness provider’s total payment for a child
 1149  must be equal to the payment rate calculated under subparagraph
 1150  1., less the amount of the parent’s copayment as determined
 1151  under paragraph (e). However, payments made to the school
 1152  readiness provider may not exceed the provider’s charges to the
 1153  general public for the same services.
 1154         (g) The Office of Early Learning may increase or decrease
 1155  the adjusted payment rate percentage for a specific geographic
 1156  area in order to ensure that care levels are available
 1157  throughout the state. Any increase in an adjusted payment rate
 1158  percentage must be funded through the current year’s
 1159  appropriation.
 1160         (e) The Office of Early Learning shall annually distribute,
 1161  to a maximum extent practicable, all eligible funds provided
 1162  under this section as block grants to the early learning
 1163  coalitions in accordance with the terms and conditions specified
 1164  by the office.
 1165         (h)(f) State funds appropriated for the school readiness
 1166  program may not be used for the construction of new facilities
 1167  or the purchase of buses.
 1168         (i)(g) All cost savings and all revenues received through a
 1169  mandatory sliding fee scale shall be used to help fund each
 1170  early learning coalition’s school readiness program.
 1171         (10) CONFLICTING PROVISIONS.—If a conflict exists between
 1172  this section and federal requirements, the federal requirements
 1173  control.
 1174         (11) SUBSTITUTE INSTRUCTORS.—Each school district shall
 1175  make a list of all individuals currently eligible to act as a
 1176  substitute teacher within the county pursuant to the rules
 1177  adopted by the school district pursuant to s. 1012.35 available
 1178  to an early learning coalition serving students within the
 1179  school district. Child care facilities, as defined in by s.
 1180  402.302, may employ individuals listed as substitute instructors
 1181  for the purpose of offering the school readiness program, the
 1182  Voluntary Prekindergarten Education Program, and all other
 1183  legally operating child care programs.
 1184         (12) INVESTIGATIONS OF FRAUD OR OVERPAYMENT; PENALTIES.—
 1185         (a) As used in this subsection, the term “fraud” means an
 1186  intentional deception or misrepresentation made by a person with
 1187  knowledge that the deception or misrepresentation may result in
 1188  an unauthorized benefit to that person or another person. The
 1189  term includes any act that constitutes fraud under applicable
 1190  federal or state law.
 1191         (b) To recover state, federal, and local matching funds,
 1192  the inspector general of the Office of Early Learning shall
 1193  investigate coalitions, recipients, and providers of the school
 1194  readiness program and the Voluntary Prekindergarten Education
 1195  Program to determine possible fraud or overpayment. If by its
 1196  own inquiries, or as a result of a complaint, the office has
 1197  reason to believe that a person has engaged in, or is engaging
 1198  in, a fraudulent act, it shall investigate and determine whether
 1199  any overpayment has occurred due to the fraudulent act. During
 1200  the investigation, the office may examine all records, including
 1201  electronic benefits transfer records, and make inquiry of all
 1202  persons who may have knowledge as to any irregularity incidental
 1203  to the disbursement of public moneys or other items or
 1204  authorization of benefits to recipients.
 1205         (c) If the inspector general determines that an overpayment
 1206  has occurred due to a fraudulent act, the parent or provider is
 1207  responsible for repayment and restitution of any costs
 1208  associated with the fraud, and the office shall pursue
 1209  collection through any legal means. A parent or provider may not
 1210  participate in the program until the repayment is made in full.
 1211  A provider who has an officer or director in common with a
 1212  provider who is ineligible to participate under this subsection
 1213  may not participate until repayment is made in full.
 1214         (d) Based on the results of the investigation, the
 1215  inspector general may, in his or her discretion, refer the
 1216  investigation to the Department of Law Enforcement for criminal
 1217  prosecution, or may seek civil enforcement or refer the matter
 1218  to the applicable coalition. Any suspected criminal violation
 1219  identified by the inspector general must be referred to the
 1220  Department of Legal Affairs for investigation.
 1221         (e) If a school readiness provider, after investigation and
 1222  adjudication by a court of competent jurisdiction, is convicted
 1223  of fraudulently misrepresenting enrollment or attendance related
 1224  to the school readiness program or the Voluntary Prekindergarten
 1225  Education Program, the coalition shall permanently refrain from
 1226  contracting with, or using the services of, that provider. In
 1227  addition, the coalition shall permanently refrain from
 1228  contracting with, or using the services of, a provider who has
 1229  an officer or director in common with a provider who is
 1230  convicted of fraudulently misrepresenting enrollment or
 1231  attendance related to the school readiness program or the
 1232  Voluntary Prekindergarten Education Program.
 1233         (f) If the investigation is not confidential or otherwise
 1234  exempt from disclosure by law, the results of the investigation
 1235  may be reported by the Office of Early Learning to the
 1236  appropriate legislative committees, the Department of Education,
 1237  the Department of Children and Families, or such other persons
 1238  as the office deems appropriate.
 1239         (g) A person who commits fraud as defined in this
 1240  subsection is subject to the penalties provided in s.
 1241  414.39(5)(a) and (b).
 1242         Section 2. Effective upon this act becoming a law, section
 1243  411.013, Florida Statutes, is created to read:
 1244         411.013 School Readiness Allocation Conference; allocation
 1245  formula for school readiness program funds.—
 1246         (1) There is created the School Readiness Allocation
 1247  Conference. Conference principals shall include professional
 1248  staff of the Office of Early Learning, the Executive Office of
 1249  the Governor, and the appropriations committees of the Senate
 1250  and House of Representatives.
 1251         (2)(a) By May 31, 2014, and by January 1 of each year
 1252  thereafter, the Office of Early Learning shall submit to the
 1253  School Readiness Allocation Conference a recommended formula for
 1254  the allocation among the early learning coalitions of the school
 1255  readiness program funds provided in the General Appropriations
 1256  Act.
 1257         (b) Before any distribution of school readiness program
 1258  funds, the School Readiness Allocation Conference shall meet to
 1259  review the recommended allocation formula submitted by the
 1260  Office of Early Learning. The conference principals must agree
 1261  on all conventions and methods of computation used to calculate
 1262  the allocation formula for the fiscal year for which the
 1263  appropriation is made. These conventions and calculation methods
 1264  must remain in effect until further agreements are reached in
 1265  subsequent conferences called by any conference principal for
 1266  that purpose.
 1267         (c) Each fiscal quarter, the Office of Early Learning shall
 1268  recalculate the allocations for the early learning coalitions
 1269  using the agreed upon methodology. The conference principals,
 1270  upon the request of any conference principal, shall meet to
 1271  review the quarterly calculation made by the Office of Early
 1272  Learning. Before each recalculation of the allocation formula,
 1273  the Office of Early Learning shall provide the conference
 1274  principals with all data necessary to replicate the allocation
 1275  precisely. These data must include a matrix organized by
 1276  provider type of all eligible child count revisions made by the
 1277  Office of Early Learning as part of its administration of the
 1278  school readiness programs.
 1279         (3)(a) Notwithstanding the provisions of s. 411.01(10)(e)
 1280  and (f) which require that the adjusted payment rate percentage,
 1281  sliding fee scale percentage, parent copayments, and Gold Seal
 1282  premium percentage be provided in the General Appropriations
 1283  Act, and for the 2013-2014 fiscal year only, the Office of Early
 1284  Learning shall, by May 31, 2014, submit recommendations to the
 1285  School Readiness Allocation Conference for the adjusted payment
 1286  rate percentage, sliding fee scale percentage, parent
 1287  copayments, and Gold Seal premium percentage.
 1288         (b) The Office of Early Learning shall submit
 1289  recommendations to the School Readiness Allocation Conference
 1290  with options for a 3-year phase-in of the revised allocation
 1291  formula. As part of the 3-year phase-in, the Office of Early
 1292  Learning shall transition the Gold Seal premium percentage to 10
 1293  percent. For the first year of the transition, the Gold Seal
 1294  premium percentage must be at least 10 percent but not more than
 1295  18 percent. Once the 3-year phase-in of the allocation formula
 1296  is complete, the Office of Early Learning shall submit to the
 1297  conference any recommended revisions to the allocation formula
 1298  with recommended factors by January 1 of each year.
 1299         Section 3. Paragraph (a) of subsection (8) of section
 1300  216.136, Florida Statutes, is amended to read:
 1301         216.136 Consensus estimating conferences; duties and
 1302  principals.—
 1303         (8) EARLY LEARNING PROGRAMS ESTIMATING CONFERENCE.—
 1304         (a) The Early Learning Programs Estimating Conference shall
 1305  develop estimates and forecasts of the unduplicated count of
 1306  children eligible for school readiness programs in accordance
 1307  with the standards of eligibility established in s. 411.01(7)
 1308  411.01(6), and of children eligible for the Voluntary
 1309  Prekindergarten Education Program in accordance with s.
 1310  1002.53(2), as the conference determines are needed to support
 1311  the state planning, budgeting, and appropriations processes.
 1312         Section 4. Subsection (1) and paragraph (a) of subsection
 1313  (3) of section 411.0101, Florida Statutes, are amended to read:
 1314         411.0101 Child care and early childhood resource and
 1315  referral.—
 1316         (1) As a part of the school readiness programs, the Office
 1317  of Early Learning shall establish a statewide child care
 1318  resource and referral network that is unbiased and provides
 1319  referrals to families for child care. Preference must shall be
 1320  given to using the already established early learning coalitions
 1321  as the child care resource and referral agencies. If an early
 1322  learning coalition cannot comply with the requirements to offer
 1323  the resource information component or does not want to offer
 1324  that service, the early learning coalition shall select the
 1325  resource and referral agency for its county or multicounty
 1326  region based upon a request for proposal pursuant to s.
 1327  411.01(6)(e) 411.01(5)(e)1.
 1328         (3) Child care resource and referral agencies shall provide
 1329  the following services:
 1330         (a) Identification of existing public and private child
 1331  care and early childhood education services, including child
 1332  care services by public and private employers, and the
 1333  development of a resource file of those services through the
 1334  single statewide information system developed by the Office of
 1335  Early Learning under s. 411.01(6)(c)1.e. 411.01(5)(c)1.e. These
 1336  services may include family day care, public and private child
 1337  care programs, the Voluntary Prekindergarten Education Program,
 1338  Head Start, the school readiness program, special education
 1339  programs for prekindergarten children with disabilities,
 1340  services for children with developmental disabilities, full-time
 1341  and part-time programs, before-school and after-school programs,
 1342  vacation care programs, parent education, the Temporary Cash
 1343  Assistance program, and related family support services. The
 1344  resource file must shall include, but need not be limited to:
 1345         1. Type of program.
 1346         2. Hours of service.
 1347         3. Ages of children served.
 1348         4. Number of children served.
 1349         5. Significant program information.
 1350         6. Fees and eligibility for services.
 1351         7. Availability of transportation.
 1352         Section 5. Section 411.01013, Florida Statutes, is amended
 1353  to read:
 1354         411.01013 Prevailing market rate schedule.—
 1355         (1) As used in this section, the terms term:
 1356         (a) “market rate” and means the price that a child care
 1357  provider charges for daily, weekly, or monthly child care
 1358  services.
 1359         (b) “prevailing market rate” have the same meanings as
 1360  provided in s. 411.01 means the annually determined 75th
 1361  percentile of a reasonable frequency distribution of the market
 1362  rate in a predetermined geographic market at which child care
 1363  providers charge a person for child care services.
 1364         (2) The Office of Early Learning shall establish procedures
 1365  for the adoption of a prevailing market rate schedule. The
 1366  schedule must include, at a minimum, county-by-county rates:
 1367         (a) At the prevailing market rate, plus the maximum rate,
 1368  for child care providers that hold a Gold Seal Quality Care
 1369  designation under s. 402.281.
 1370         (b) At the prevailing market rate for child care providers
 1371  that do not hold a Gold Seal Quality Care designation.
 1372         (3) The prevailing market rate schedule, at a minimum,
 1373  must:
 1374         (a) Differentiate rates by type, including, but not limited
 1375  to, a child care provider that holds a Gold Seal Quality Care
 1376  designation under s. 402.281, a child care facility licensed
 1377  under s. 402.305, a public or nonpublic school exempt from
 1378  licensure under s. 402.3025, a faith-based child care facility
 1379  exempt from licensure under s. 402.316 that does not hold a Gold
 1380  Seal Quality Care designation, a large family child care home
 1381  licensed under s. 402.3131, or a family day care home licensed
 1382  or registered under s. 402.313.
 1383         (b) Differentiate rates by the type of child care services
 1384  provided for children with special needs or risk categories,
 1385  infants, toddlers, preschool-age children, and school-age
 1386  children.
 1387         (c) Differentiate rates between full-time and part-time
 1388  child care services.
 1389         (d) Consider discounted rates for child care services for
 1390  multiple children in a single family.
 1391         (3)(4) The prevailing market rate schedule must be based
 1392  exclusively on the prices charged for child care services. If a
 1393  conflict exists between this subsection and federal
 1394  requirements, the federal requirements shall control.
 1395         (4)(5)Each child care and early childhood education
 1396  provider that receives school readiness funds must submit its
 1397  market rate by August 1 of each year to the Office of Early
 1398  Learning for inclusion in the calculation of the prevailing
 1399  market rate shall be considered by an early learning coalition
 1400  in the adoption of a payment schedule in accordance with s.
 1401  411.01(5)(e)2.
 1402         (5)(6) The Office of Early Learning may contract with one
 1403  or more qualified entities to administer this section and
 1404  provide support and technical assistance for child care
 1405  providers.
 1406         (6)(7) The Office of Early Learning may adopt rules
 1407  pursuant to ss. 120.536(1) and 120.54 for establishing
 1408  procedures for the collection of child care providers’ market
 1409  rate, the calculation of a reasonable frequency distribution of
 1410  the market rate, and the publication of a prevailing market rate
 1411  schedule.
 1412         Section 6. Section 411.0106, Florida Statutes, is amended
 1413  to read:
 1414         411.0106 Infants and toddlers in state-funded education and
 1415  care programs; brain development activities.—Each state-funded
 1416  education and care program for children from birth to 5 years of
 1417  age must provide activities to foster brain development in
 1418  infants and toddlers. A program must provide an environment that
 1419  helps children attain the performance standards adopted by the
 1420  Office of Early Learning pursuant to under s. 411.01(5)(d)8.
 1421  411.01(4)(d)8. and must be rich in language and music and filled
 1422  with objects of various colors, shapes, textures, and sizes to
 1423  stimulate visual, tactile, auditory, and linguistic senses in
 1424  the children and must include classical music and at least 30
 1425  minutes of reading to the children each day. A program may be
 1426  offered through an existing early childhood program such as
 1427  Healthy Start, the Title I program, the school readiness
 1428  program, the Head Start program, or a private child care
 1429  program. A program must provide training for the infants’ and
 1430  toddlers’ parents, including direct dialogue and interaction
 1431  between teachers and parents demonstrating the urgency of brain
 1432  development in the first year of a child’s life. Family day care
 1433  centers are encouraged, but not required, to comply with this
 1434  section.
 1435         Section 7. Paragraph (c) of subsection (1) of section
 1436  445.023, Florida Statutes, is amended to read:
 1437         445.023 Program for dependent care for families with
 1438  children with special needs.—
 1439         (1) There is created the program for dependent care for
 1440  families with children who have with special needs. This program
 1441  is intended to provide assistance to families with children who
 1442  meet the following requirements:
 1443         (c) The family meets the income guidelines established
 1444  under s. 411.01(7) 411.01(6), notwithstanding any financial
 1445  eligibility criteria to the contrary in s. 414.075, s. 414.085,
 1446  or s. 414.095.
 1447         Section 8. Notwithstanding the changes made by this act to
 1448  the eligibility priorities for the school readiness program in
 1449  s. 411.01, Florida Statutes, an early learning coalition may not
 1450  disenroll a child who, upon the effective date of this act, is
 1451  enrolled in the school readiness program and receiving services
 1452  under the eligibility priorities in s. 411.01(6), Florida
 1453  Statutes, until the child ceases to be eligible under those
 1454  priorities. An early learning coalition shall enroll all
 1455  eligible children, including those from its waiting list, in
 1456  accordance with the changes made by this act to the eligibility
 1457  priorities in s. 411.01, Florida Statutes.
 1458         Section 9. Except as otherwise expressly provided in this
 1459  act and except for this section, which shall take effect upon
 1460  this act becoming a law, this act shall take effect July 1,
 1461  2013.