Florida Senate - 2018                                    SB 1822
       
       
        
       By Senator Hukill
       
       
       
       
       
       14-01388B-18                                          20181822__
    1                        A bill to be entitled                      
    2         An act relating to early childhood learning; amending
    3         s. 1002.82, F.S.; requiring the Office of Early
    4         Learning to adopt an observation-based child
    5         assessment system that contains specified elements,
    6         under certain circumstances; amending s. 1002.84,
    7         F.S.; requiring each early learning coalition to
    8         implement a specified age-appropriate observation
    9         based assessment for certain children, rather than a
   10         preassessment and postassessment; amending ss.
   11         1002.85, 1002.88, and 1002.89, F.S.; conforming
   12         provisions to changes made by the act; providing an
   13         effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraph (k) of subsection (2) of section
   18  1002.82, Florida Statutes, is amended to read:
   19         1002.82 Office of Early Learning; powers and duties.—
   20         (2) The office shall:
   21         (k) Subject to legislative appropriation, adopt an
   22  observation-based child assessment system that includes all of
   23  the following elements:
   24         1. An observation-based child assessment that is Select
   25  assessments that are valid and, reliable, that has interval
   26  level and criterion-referenced data that measures equivalent
   27  levels of growth across domains, and that may be used for
   28  determining developmentally appropriate learning gains. The
   29  assessment must be and developmentally appropriate for use a
   30  minimum of three times a year as preassessment and
   31  postassessment for children from birth through 4 years of the
   32  age ranges specified in the coalition plans. The assessments
   33  must be designed to measure progress in the domains of language,
   34  social and emotional skills, and executive functioning, and must
   35  measure progress in the performance standards adopted pursuant
   36  to paragraph (j);, provide appropriate accommodations for
   37  children with disabilities and English language learners;, and
   38  be administered by qualified individuals, consistent with the
   39  developer’s publisher’s instructions.
   40         2. A statewide implementation plan for the observation
   41  based child assessment. The plan must include:
   42         a. A process for participation in the observation-based
   43  child assessment system and for granting exemptions from the
   44  assessment;
   45         b. An implementation timeline that requires the collection
   46  of assessment data on infants and children up to 2 years of age
   47  beginning in the 2019-2020 school year, on children 2 and 3
   48  years of age beginning in the 2020-2021 school year, and on
   49  children 4 years of age beginning in the 2021-2022 school year;
   50         c. Adequate opportunities and training for early learning
   51  coalitions or other statewide organizations to ensure that
   52  school readiness child care instructors have the opportunity to
   53  receive training in a timely manner until they are verified as
   54  reliable, in accordance with the developer’s protocols; and
   55         d. A mechanism for ensuring the training required under
   56  sub-subparagraph c. occurs every 2 years, at a minimum, in order
   57  to maintain reliability.
   58         3. Adoption of a schedule and protocols for the collection
   59  of assessment data which allow for data collection, in
   60  accordance with s. 1002.222, and analysis that:
   61         a. Safeguard student privacy;
   62         b. Check the reliability of the administration of the
   63  observation-based assessment;
   64         c. Perform longitudinal data analysis across age groups and
   65  early learning programs; and
   66         d. Analyze trends over time.
   67         Section 2. Subsection (6) of section 1002.84, Florida
   68  Statutes, is amended to read:
   69         1002.84 Early learning coalitions; school readiness powers
   70  and duties.—Each early learning coalition shall:
   71         (6) Implement an age-appropriate observation-based
   72  assessment preassessment and postassessment of children from
   73  birth through 4 years of age in accordance with s.
   74  1002.82(2)(k), if applicable specified in the coalition’s
   75  approved plan.
   76         Section 3. Paragraph (c) of subsection (2) of section
   77  1002.85, Florida Statutes, is amended to read:
   78         1002.85 Early learning coalition plans.—
   79         (2) Each early learning coalition must biennially submit a
   80  school readiness program plan to the office before the
   81  expenditure of funds. A coalition may not implement its school
   82  readiness program plan until it receives approval from the
   83  office. A coalition may not implement any revision to its school
   84  readiness program plan until the coalition submits the revised
   85  plan to and receives approval from the office. If the office
   86  rejects a plan or revision, the coalition must continue to
   87  operate under its previously approved plan. The plan must
   88  include, but is not limited to:
   89         (c) The coalition’s procedures for implementing the
   90  requirements of this part, including:
   91         1. Single point of entry.
   92         2. Uniform waiting list.
   93         3. Eligibility and enrollment processes.
   94         4. Parent access and choice.
   95         5. Sliding fee scale and policies on applying the waiver or
   96  reduction of fees in accordance with s. 1002.84(8).
   97         6. Use of observation-based child assessments
   98  preassessments and postassessments, as applicable.
   99         7. Payment rate.
  100         Section 4. Present paragraphs (i) through (q) of subsection
  101  (1) of section 1002.88, Florida Statutes, are redesignated as
  102  paragraphs (j) through (r), respectively, a new paragraph (i) is
  103  added to that subsection, and present paragraphs (m) and (o) of
  104  that subsection and paragraph (c) of subsection (3) of that
  105  section are amended, to read:
  106         1002.88 School readiness program provider standards;
  107  eligibility to deliver the school readiness program.—
  108         (1) To be eligible to deliver the school readiness program,
  109  a school readiness program provider must:
  110         (i) Conduct observation-based child assessment in
  111  accordance with s. 1002.82.
  112         (n)(m) For a provider that is an informal provider, comply
  113  with the provisions of paragraph (m) (l) or maintain homeowner’s
  114  liability insurance and, if applicable, a business rider. If an
  115  informal provider chooses to maintain a homeowner’s policy, the
  116  provider must obtain and retain a homeowner’s insurance policy
  117  that provides a minimum of $100,000 of coverage per occurrence
  118  and a minimum of $300,000 general aggregate coverage. The office
  119  may authorize lower limits upon request, as appropriate. An
  120  informal provider must add the coalition as a named
  121  certificateholder and as an additional insured. An informal
  122  provider must provide the coalition with a minimum of 10
  123  calendar days’ advance written notice of cancellation of or
  124  changes to coverage. The general liability insurance required by
  125  this paragraph must remain in full force and effect for the
  126  entire period of the provider’s contract with the coalition.
  127         (p)(o) Notwithstanding paragraph (m) (l), for a provider
  128  that is a state agency or a subdivision thereof, as defined in
  129  s. 768.28(2), agree to notify the coalition of any additional
  130  liability coverage maintained by the provider in addition to
  131  that otherwise established under s. 768.28. The provider shall
  132  indemnify the coalition to the extent permitted by s. 768.28.
  133         (3) The office and the coalitions may not:
  134         (c) Require a provider to administer a preassessment or
  135  postassessment.
  136         Section 5. Paragraph (b) of subsection (6) of section
  137  1002.89, Florida Statutes, is amended to read:
  138         1002.89 School readiness program; funding.—
  139         (6) Costs shall be kept to the minimum necessary for the
  140  efficient and effective administration of the school readiness
  141  program with the highest priority of expenditure being direct
  142  services for eligible children. However, no more than 5 percent
  143  of the funds described in subsection (5) may be used for
  144  administrative costs and no more than 22 percent of the funds
  145  described in subsection (5) may be used in any fiscal year for
  146  any combination of administrative costs, quality activities, and
  147  nondirect services as follows:
  148         (b) Activities to improve the quality of child care as
  149  described in 45 C.F.R. s. 98.51, which shall be limited to the
  150  following:
  151         1. Developing, establishing, expanding, operating, and
  152  coordinating resource and referral programs specifically related
  153  to the provision of comprehensive consumer education to parents
  154  and the public to promote informed child care choices specified
  155  in 45 C.F.R. s. 98.33.
  156         2. Awarding grants and providing financial support to
  157  school readiness program providers and their staff to assist
  158  them in meeting applicable state requirements for child care
  159  performance standards, implementing developmentally appropriate
  160  curricula and related classroom resources that support
  161  curricula, providing literacy supports, and providing continued
  162  professional development and training. Any grants awarded
  163  pursuant to this subparagraph shall comply with ss. 215.971 and
  164  287.058.
  165         3. Providing training, technical assistance, and financial
  166  support to school readiness program providers, staff, and
  167  parents on standards, child screenings, observation-based child
  168  assessments, child development research and best practices,
  169  developmentally appropriate curricula, character development,
  170  teacher-child interactions, age-appropriate discipline
  171  practices, health and safety, nutrition, first aid,
  172  cardiopulmonary resuscitation, the recognition of communicable
  173  diseases, and child abuse detection, prevention, and reporting.
  174         4. Providing, from among the funds provided for the
  175  activities described in subparagraphs 1.-3., adequate funding
  176  for infants and toddlers as necessary to meet federal
  177  requirements related to expenditures for quality activities for
  178  infant and toddler care.
  179         5. Improving the monitoring of compliance with, and
  180  enforcement of, applicable state and local requirements as
  181  described in and limited by 45 C.F.R. s. 98.40.
  182         6. Responding to Warm-Line requests by providers and
  183  parents, including providing developmental and health screenings
  184  to school readiness program children.
  185         Section 6. This act shall take effect July 1, 2018.