Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1254
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Education (Passidomo) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (e) of subsection (1) of section
    6  1002.81, Florida Statutes, is amended to read:
    7         1002.81 Definitions.—Consistent with the requirements of 45
    8  C.F.R. parts 98 and 99 and as used in this part, the term:
    9         (1) “At-risk child” means:
   10         (e) A child in the custody of a parent who is considered a
   11  victim of domestic violence and is receiving services through
   12  residing in a certified domestic violence center.
   13         Section 2. Present paragraphs (n) through (x) of subsection
   14  (2) of section 1002.82, Florida Statutes, are redesignated as
   15  paragraphs (p) through (z), respectively, paragraph (m) of
   16  subsection (2) and paragraph (a) of subsection (5) of that
   17  section are amended, and new paragraphs (n) and (o) are added to
   18  subsection (2) of that section, to read:
   19         1002.82 Office of Early Learning; powers and duties.—
   20         (2) The office shall:
   21         (m) Adopt by rule a standard statewide provider contract to
   22  be used with each school readiness program provider, with
   23  standardized attachments by provider type. The office shall
   24  publish a copy of the standard statewide provider contract on
   25  its website. The standard statewide contract shall include, at a
   26  minimum, contracted slots, if applicable, in accordance with the
   27  Child Care and Development Block Grant Act of 2014, 45 C.F.R.
   28  parts 98 and 99; quality improvement strategies, if applicable;
   29  program assessment requirements; and provisions for provider
   30  probation, termination for cause, and emergency termination for
   31  those actions or inactions of a provider that pose an immediate
   32  and serious danger to the health, safety, or welfare of the
   33  children. The standard statewide provider contract shall also
   34  include appropriate due process procedures. During the pendency
   35  of an appeal of a termination, the provider may not continue to
   36  offer its services. Any provision imposed upon a provider that
   37  is inconsistent with, or prohibited by, law is void and
   38  unenforceable. Provisions for termination for cause must include
   39  failure to meet the minimum quality measures established under
   40  paragraph (n) for a period of up to 5 years, unless the
   41  coalition determines that the provider is essential to meeting
   42  capacity needs based on the assessment under s. 1002.85(2)(j)
   43  and the provider has an active improvement plan pursuant to
   44  paragraph (n).
   45         (n)Adopt a program assessment for school readiness program
   46  providers that measures the quality of teacher-child
   47  interactions, including emotional and behavioral support,
   48  engaged support for learning, classroom organization, and
   49  instructional support. The program assessment must also include
   50  the adoption of quality measures, including a minimum threshold
   51  for contracting purposes; a process for program participation;
   52  exemptions; and improvement through the completion of an
   53  improvement plan.
   54         (o)Subject to appropriation, provide for a differential
   55  payment, based on the quality measures adopted by the office
   56  under paragraph (n), of up to 10 percent for each care level and
   57  unit of child care for a child care provider that has completed
   58  a program assessment and scored above the minimum threshold for
   59  contracting purposes.
   60         (5) By January 1 of each year, the office shall annually
   61  publish on its website a report of its activities conducted
   62  under this section. The report must include a summary of the
   63  coalitions’ annual reports, a statewide summary, and the
   64  following:
   65         (a) An analysis of early learning activities throughout the
   66  state, including the school readiness program and the Voluntary
   67  Prekindergarten Education Program.
   68         1. The total and average number of children served in the
   69  school readiness program, enumerated by age, eligibility
   70  priority category, and coalition, and the total number of
   71  children served in the Voluntary Prekindergarten Education
   72  Program.
   73         2. A summary of expenditures by coalition, by fund source,
   74  including a breakdown by coalition of the percentage of
   75  expenditures for administrative activities, quality activities,
   76  nondirect services, and direct services for children.
   77         3. A description of the office’s and each coalition’s
   78  expenditures by fund source for the quality and enhancement
   79  activities described in s. 1002.89(6)(b).
   80         4. A summary of annual findings and collections related to
   81  provider fraud and parent fraud.
   82         5. Data regarding the coalitions’ delivery of early
   83  learning programs.
   84         6. The total number of children disenrolled statewide and
   85  the reason for disenrollment.
   86         7. The total number of providers by provider type.
   87         8.The number of school readiness program providers who
   88  have completed the program assessment required under paragraph
   89  (2)(n); the number of providers who have not met the minimum
   90  threshold for contracting established under to paragraph (2)(n);
   91  and the number of providers that have an active improvement plan
   92  based on the results of the program assessment under paragraph
   93  (2)(n).
   94         9.8. The total number of provider contracts revoked and the
   95  reasons for revocation.
   96         Section 3. Subsection (4) of section 1002.84, Florida
   97  Statutes, is amended to read:
   98         1002.84 Early learning coalitions; school readiness powers
   99  and duties.—Each early learning coalition shall:
  100         (4) Establish a regional Warm-Line as directed by the
  101  office pursuant to s. 1002.82(2)(t) s. 1002.82(2)(r). Regional
  102  Warm-Line staff shall provide onsite technical assistance, when
  103  requested, to assist child care facilities and family day care
  104  homes with inquiries relating to the strategies, curriculum, and
  105  environmental adaptations the child care facilities and family
  106  day care homes may need as they serve children with disabilities
  107  and other special needs.
  108         Section 4. Paragraphs (c) and (d) of subsection (2) of
  109  section 1002.85, Florida Statutes, are amended, and paragraph
  110  (j) is added to that subsection, to read:
  111         1002.85 Early learning coalition plans.—
  112         (2) Each early learning coalition must biennially submit a
  113  school readiness program plan to the office before the
  114  expenditure of funds. A coalition may not implement its school
  115  readiness program plan until it receives approval from the
  116  office. A coalition may not implement any revision to its school
  117  readiness program plan until the coalition submits the revised
  118  plan to and receives approval from the office. If the office
  119  rejects a plan or revision, the coalition must continue to
  120  operate under its previously approved plan. The plan must
  121  include, but is not limited to:
  122         (c) The coalition’s procedures for implementing the
  123  requirements of this part, including:
  124         1. Single point of entry.
  125         2. Uniform waiting list.
  126         3. Eligibility and enrollment processes and local
  127  eligibility priorities for children pursuant to s. 1002.87.
  128         4. Parent access and choice.
  129         5. Sliding fee scale and policies on applying the waiver or
  130  reduction of fees in accordance with s. 1002.84(8).
  131         6. Use of preassessments and postassessments, as
  132  applicable.
  133         7. Payment rate schedule.
  134         8.Use of contracted slots, as applicable, based on the
  135  results of the assessment required under paragraph (j).
  136         (d) A detailed description of the coalition’s quality
  137  activities and services, including, but not limited to:
  138         1. Resource and referral and school-age child care.
  139         2. Infant and toddler early learning.
  140         3. Inclusive early learning programs.
  141         4.Quality improvement strategies that strengthen teaching
  142  practices and increase child outcomes.
  143         (j)An assessment of local priorities within the county or
  144  multicounty region based on the needs of families and provider
  145  capacity using available community data.
  146         Section 5. Subsections (1), (2), (3), and (7) of section
  147  1002.87, Florida Statutes, are amended to read:
  148         1002.87 School readiness program; eligibility and
  149  enrollment.—
  150         (1) Each early learning coalition shall give priority for
  151  participation in the school readiness program as follows:
  152         (a) Priority shall be given first to a child younger than
  153  13 years of age from a family that includes a parent who is
  154  receiving temporary cash assistance under chapter 414 and
  155  subject to the federal work requirements.
  156         (b) Priority shall be given next to an at-risk child
  157  younger than 9 years of age.
  158         (c) Subsequent priority shall be given, based on the early
  159  learning coalition’s local priorities identified under s.
  160  1002.85(2)(j), to children who meet the following criteria: next
  161  to
  162         1. A child from birth to the beginning of the school year
  163  for which the child is eligible for admission to kindergarten in
  164  a public school under s. 1003.21(1)(a)2. who is from a working
  165  family that is economically disadvantaged, and may include such
  166  child’s eligible siblings, beginning with the school year in
  167  which the sibling is eligible for admission to kindergarten in a
  168  public school under s. 1003.21(1)(a)2. until the beginning of
  169  the school year in which the sibling is eligible to begin 6th
  170  grade, provided that the first priority for funding an eligible
  171  sibling is local revenues available to the coalition for funding
  172  direct services.
  173         2.(d)Priority shall be given next to A child of a parent
  174  who transitions from the work program into employment as
  175  described in s. 445.032 from birth to the beginning of the
  176  school year for which the child is eligible for admission to
  177  kindergarten in a public school under s. 1003.21(1)(a)2.
  178         3.(e)Priority shall be given next to An at-risk child who
  179  is at least 9 years of age but younger than 13 years of age. An
  180  at-risk child whose sibling is enrolled in the school readiness
  181  program within an eligibility priority category listed in
  182  paragraphs (a) and (b) and subparagraph (c)1. (a)-(c) shall be
  183  given priority over other children who are eligible under this
  184  paragraph.
  185         4.(f)Priority shall be given next to A child who is
  186  younger than 13 years of age from a working family that is
  187  economically disadvantaged. A child who is eligible under this
  188  paragraph whose sibling is enrolled in the school readiness
  189  program under paragraph (c) shall be given priority over other
  190  children who are eligible under this paragraph.
  191         5.(g)Priority shall be given next to A child of a parent
  192  who transitions from the work program into employment as
  193  described in s. 445.032 who is younger than 13 years of age.
  194         6.(h)Priority shall be given next to A child who has
  195  special needs, has been determined eligible as a student with a
  196  disability, has a current individual education plan with a
  197  Florida school district, and is not younger than 3 years of age.
  198  A special needs child eligible under this paragraph remains
  199  eligible until the child is eligible for admission to
  200  kindergarten in a public school under s. 1003.21(1)(a)2.
  201         7.(i)Notwithstanding paragraphs (a)-(d), priority shall be
  202  given last to A child who otherwise meets one of the eligibility
  203  criteria in paragraphs (a) and (b) and subparagraphs (c)1. and
  204  2. (a)-(d) but who is also enrolled concurrently in the federal
  205  Head Start Program and the Voluntary Prekindergarten Education
  206  Program.
  207         (2) A school readiness program provider may be paid only
  208  for authorized hours of care provided for a child in the school
  209  readiness program. A child enrolled in the Voluntary
  210  Prekindergarten Education Program may receive care from the
  211  school readiness program if the child is eligible according to
  212  the eligibility priorities and criteria established in
  213  subsection (1) this section.
  214         (3) Contingent upon the availability of funds, a coalition
  215  shall enroll eligible children, including those from its waiting
  216  list, according to the eligibility priorities and criteria
  217  established in subsection (1) this section.
  218         (7) If a coalition disenrolls children from the school
  219  readiness program, the coalition must disenroll the children in
  220  reverse order of the eligibility priorities and criteria listed
  221  in subsection (1) beginning with children from families with the
  222  highest family incomes. A notice of disenrollment must be sent
  223  to the parent and school readiness program provider at least 2
  224  weeks before disenrollment to provide adequate time for the
  225  parent to arrange alternative care for the child. However, an
  226  at-risk child may not be disenrolled from the program without
  227  the written approval of the Child Welfare Program Office of the
  228  Department of Children and Families or the community-based lead
  229  agency.
  230         Section 6. Present paragraphs (h) through (q) of subsection
  231  (1) of section 1002.88, Florida Statutes, are redesignated as
  232  paragraphs (i) through (r), respectively, present paragraphs (m)
  233  and (o) of subsection (1) of that section are amended, and a new
  234  paragraph (h) is added to subsection (1) of that section, to
  235  read:
  236         1002.88 School readiness program provider standards;
  237  eligibility to deliver the school readiness program.—
  238         (1) To be eligible to deliver the school readiness program,
  239  a school readiness program provider must:
  240         (h)Participate in the program assessment under s.
  241  1002.82(2)(n).
  242         (n)(m) For a provider that is an informal provider, comply
  243  with the provisions of paragraph (m) (l) or maintain homeowner’s
  244  liability insurance and, if applicable, a business rider. If an
  245  informal provider chooses to maintain a homeowner’s policy, the
  246  provider must obtain and retain a homeowner’s insurance policy
  247  that provides a minimum of $100,000 of coverage per occurrence
  248  and a minimum of $300,000 general aggregate coverage. The office
  249  may authorize lower limits upon request, as appropriate. An
  250  informal provider must add the coalition as a named
  251  certificateholder and as an additional insured. An informal
  252  provider must provide the coalition with a minimum of 10
  253  calendar days’ advance written notice of cancellation of or
  254  changes to coverage. The general liability insurance required by
  255  this paragraph must remain in full force and effect for the
  256  entire period of the provider’s contract with the coalition.
  257         (p)(o) Notwithstanding paragraph (m) (l), for a provider
  258  that is a state agency or a subdivision thereof, as defined in
  259  s. 768.28(2), agree to notify the coalition of any additional
  260  liability coverage maintained by the provider in addition to
  261  that otherwise established under s. 768.28. The provider shall
  262  indemnify the coalition to the extent permitted by s. 768.28.
  263         Section 7. Paragraph (b) of subsection (6) of section
  264  1002.89, Florida Statutes, is amended to read:
  265         1002.89 School readiness program; funding.—
  266         (6) Costs shall be kept to the minimum necessary for the
  267  efficient and effective administration of the school readiness
  268  program with the highest priority of expenditure being direct
  269  services for eligible children. However, no more than 5 percent
  270  of the funds described in subsection (5) may be used for
  271  administrative costs and no more than 22 percent of the funds
  272  described in subsection (5) may be used in any fiscal year for
  273  any combination of administrative costs, quality activities, and
  274  nondirect services as follows:
  275         (b) Activities to improve the quality of child care as
  276  described in 45 C.F.R. s. 98.51, which shall be limited to the
  277  following:
  278         1. Developing, establishing, expanding, operating, and
  279  coordinating resource and referral programs specifically related
  280  to the provision of comprehensive consumer education to parents
  281  and the public to promote informed child care choices specified
  282  in 45 C.F.R. s. 98.33.
  283         2. Awarding grants and providing financial support to
  284  school readiness program providers and their staff to assist
  285  them in meeting applicable state requirements for the program
  286  assessment required under s. 1002.82(2)(n), child care
  287  performance standards, implementing developmentally appropriate
  288  curricula and related classroom resources that support
  289  curricula, providing literacy supports, and providing continued
  290  professional development and training. Any grants awarded
  291  pursuant to this subparagraph shall comply with ss. 215.971 and
  292  287.058.
  293         3. Providing training, technical assistance, and financial
  294  support to school readiness program providers, staff, and
  295  parents on standards, child screenings, child assessments, child
  296  development research and best practices, developmentally
  297  appropriate curricula, character development, teacher-child
  298  interactions, age-appropriate discipline practices, health and
  299  safety, nutrition, first aid, cardiopulmonary resuscitation, the
  300  recognition of communicable diseases, and child abuse detection,
  301  prevention, and reporting.
  302         4. Providing, from among the funds provided for the
  303  activities described in subparagraphs 1.-3., adequate funding
  304  for infants and toddlers as necessary to meet federal
  305  requirements related to expenditures for quality activities for
  306  infant and toddler care.
  307         5. Improving the monitoring of compliance with, and
  308  enforcement of, applicable state and local requirements as
  309  described in and limited by 45 C.F.R. s. 98.40.
  310         6. Responding to Warm-Line requests by providers and
  311  parents, including providing developmental and health screenings
  312  to school readiness program children.
  313         Section 8. Paragraph (a) of subsection (3) of section
  314  1002.92, Florida Statutes, is amended to read:
  315         1002.92 Child care and early childhood resource and
  316  referral.—
  317         (3) Child care resource and referral agencies shall provide
  318  the following services:
  319         (a) Identification of existing public and private child
  320  care and early childhood education services, including child
  321  care services by public and private employers, and the
  322  development of a resource file of those services through the
  323  single statewide information system developed by the office
  324  under s. 1002.82(2)(p) s. 1002.82(2)(n). These services may
  325  include family day care, public and private child care programs,
  326  the Voluntary Prekindergarten Education Program, Head Start, the
  327  school readiness program, special education programs for
  328  prekindergarten children with disabilities, services for
  329  children with developmental disabilities, full-time and part
  330  time programs, before-school and after-school programs, vacation
  331  care programs, parent education, the temporary cash assistance
  332  program, and related family support services. The resource file
  333  shall include, but not be limited to:
  334         1. Type of program.
  335         2. Hours of service.
  336         3. Ages of children served.
  337         4. Number of children served.
  338         5. Program information.
  339         6. Fees and eligibility for services.
  340         7. Availability of transportation.
  341         Section 9. For the 2018-2019 fiscal year, the sum of $6
  342  million from the Child Care and Development Block Grant Trust
  343  Fund is appropriated to the Office of Early Learning to
  344  implement the provisions of s. 1002.82(2)(n), Florida Statutes,
  345  established by this act.
  346         Section 10. This act shall take effect July 1, 2018.
  348  ================= T I T L E  A M E N D M E N T ================
  349  And the title is amended as follows:
  350         Delete everything before the enacting clause
  351  and insert:
  352                        A bill to be entitled                      
  353         An act relating to early learning; amending s.
  354         1002.81, F.S.; revising the definition of “at-risk
  355         child”; amending s. 1002.82, F.S.; revising the duties
  356         of the Office of Early Learning; revising the standard
  357         statewide contract for providers; providing that
  358         failing to meet certain measures for a specified
  359         period is cause for termination of a provider;
  360         providing for the development of a program assessment
  361         for school readiness providers; providing program
  362         assessment requirements; requiring the office to set a
  363         payment differential for certain providers; revising
  364         the requirement for an analysis of early learning
  365         activities throughout the state; amending s. 1002.84,
  366         F.S.; conforming a cross-reference; amending s.
  367         1002.85, F.S.; revising the required contents of the
  368         school readiness program plan each early learning
  369         coalition must submit; amending s. 1002.87, F.S.;
  370         revising the priority criteria for participation in
  371         the school readiness program; amending s. 1002.88,
  372         F.S.; revising school readiness provider requirements
  373         for program participation; conforming cross
  374         references; amending s. 1002.89, F.S.; providing for
  375         the use of specified funds for a required assessment;
  376         amending s. 1002.92, F.S.; conforming a cross
  377         reference; providing an appropriation; providing an
  378         effective date.