Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. SB 1688
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LEGISLATIVE ACTION
Senate . House
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Appropriations Subcommittee on Education (Harrell) recommended
the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraphs (a) and (d) of subsection (1) of
6 section 20.055, Florida Statutes, are amended to read:
7 20.055 Agency inspectors general.—
8 (1) As used in this section, the term:
9 (a) “Agency head” means the Governor, a Cabinet officer, or
10 a secretary or executive director as those terms are defined in
11 s. 20.03, the chair of the Public Service Commission, the
12 Director of the Office of Insurance Regulation of the Financial
13 Services Commission, the Director of the Office of Financial
14 Regulation of the Financial Services Commission, the board of
15 directors of the Florida Housing Finance Corporation, the
16 executive director of the Office of Early Learning, and the
17 Chief Justice of the State Supreme Court.
18 (d) “State agency” means each department created pursuant
19 to this chapter and the Executive Office of the Governor, the
20 Department of Military Affairs, the Fish and Wildlife
21 Conservation Commission, the Office of Insurance Regulation of
22 the Financial Services Commission, the Office of Financial
23 Regulation of the Financial Services Commission, the Public
24 Service Commission, the Board of Governors of the State
25 University System, the Florida Housing Finance Corporation, the
26 Office of Early Learning, and the state courts system.
27 Section 2. Present paragraphs (c) through (j) of subsection
28 (3) of section 20.15, Florida Statutes, are redesignated as
29 paragraphs (d) through (k), respectively, a new paragraph (c) is
30 added to that subsection, and present paragraph (i) of
31 subsection (3) and subsection (5) are amended, to read:
32 20.15 Department of Education.—There is created a
33 Department of Education.
34 (3) DIVISIONS.—The following divisions of the Department of
35 Education are established:
36 (c) Division of Early Learning.
37 (j)(i) The Office of Independent Education and Parental
38 Choice, which must include the following offices:
39 1. The Office of Early Learning, which shall be
40 administered by an executive director who is fully accountable
41 to the Commissioner of Education. The executive director shall,
42 pursuant to s. 1001.213, administer the early learning programs,
43 including the school readiness program and the Voluntary
44 Prekindergarten Education Program at the state level.
45 2. the Office of K-12 School Choice, which shall be
46 administered by an executive director who is fully accountable
47 to the Commissioner of Education.
48 (5) POWERS AND DUTIES.—The State Board of Education and the
49 Commissioner of Education shall assign to the divisions such
50 powers, duties, responsibilities, and functions as are necessary
51 to ensure the greatest possible coordination, efficiency, and
52 effectiveness of education for students in Early Learning-20 K
53 20 education under the jurisdiction of the State Board of
54 Education.
55 Section 3. Paragraph (a) of subsection (2) of section
56 39.202, Florida Statutes, is amended to read:
57 39.202 Confidentiality of reports and records in cases of
58 child abuse or neglect.—
59 (2) Except as provided in subsection (4), access to such
60 records, excluding the name of, or other identifying information
61 with respect to, the reporter which shall be released only as
62 provided in subsection (5), shall be granted only to the
63 following persons, officials, and agencies:
64 (a) Employees, authorized agents, or contract providers of
65 the department, the Department of Health, the Agency for Persons
66 with Disabilities, the Department of Education Office of Early
67 Learning, or county agencies responsible for carrying out:
68 1. Child or adult protective investigations;
69 2. Ongoing child or adult protective services;
70 3. Early intervention and prevention services;
71 4. Healthy Start services;
72 5. Licensure or approval of adoptive homes, foster homes,
73 child care facilities, facilities licensed under chapter 393,
74 family day care homes, providers who receive school readiness
75 funding under part VI of chapter 1002, or other homes used to
76 provide for the care and welfare of children;
77 6. Employment screening for caregivers in residential group
78 homes; or
79 7. Services for victims of domestic violence when provided
80 by certified domestic violence centers working at the
81 department’s request as case consultants or with shared clients.
82
83 Also, employees or agents of the Department of Juvenile Justice
84 responsible for the provision of services to children, pursuant
85 to chapters 984 and 985.
86 Section 4. Paragraph (b) of subsection (5) of section
87 39.604, Florida Statutes, is amended to read:
88 39.604 Rilya Wilson Act; short title; legislative intent;
89 child care; early education; preschool.—
90 (5) EDUCATIONAL STABILITY.—Just as educational stability is
91 important for school-age children, it is also important to
92 minimize disruptions to secure attachments and stable
93 relationships with supportive caregivers of children from birth
94 to school age and to ensure that these attachments are not
95 disrupted due to placement in out-of-home care or subsequent
96 changes in out-of-home placement.
97 (b) If it is not in the best interest of the child for him
98 or her to remain in his or her child care or early education
99 setting upon entry into out-of-home care, the caregiver must
100 work with the case manager, guardian ad litem, child care and
101 educational staff, and educational surrogate, if one has been
102 appointed, to determine the best setting for the child. Such
103 setting may be a child care provider that receives a Gold Seal
104 Quality Care designation pursuant to s. 1002.945 s. 402.281, a
105 provider participating in a quality rating system, a licensed
106 child care provider, a public school provider, or a license
107 exempt child care provider, including religious-exempt and
108 registered providers, and nonpublic schools.
109 Section 5. Paragraph (m) of subsection (5) of section
110 212.08, Florida Statutes, is amended to read:
111 212.08 Sales, rental, use, consumption, distribution, and
112 storage tax; specified exemptions.—The sale at retail, the
113 rental, the use, the consumption, the distribution, and the
114 storage to be used or consumed in this state of the following
115 are hereby specifically exempt from the tax imposed by this
116 chapter.
117 (5) EXEMPTIONS; ACCOUNT OF USE.—
118 (m) Educational materials purchased by certain child care
119 facilities.—Educational materials, such as glue, paper, paints,
120 crayons, unique craft items, scissors, books, and educational
121 toys, purchased by a child care facility that meets the
122 standards delineated in s. 402.305, is licensed under s.
123 402.308, holds a current Gold Seal Quality Care designation
124 pursuant to s. 1002.945 s. 402.281, and provides basic health
125 insurance to all employees are exempt from the taxes imposed by
126 this chapter. For purposes of this paragraph, the term “basic
127 health insurance” shall be defined and promulgated in rules
128 developed jointly by the Department of Education Children and
129 Families, the Agency for Health Care Administration, and the
130 Financial Services Commission.
131 Section 6. Paragraph (b) of subsection (1) and paragraph
132 (b) of subsection (2) of section 383.14, Florida Statutes, are
133 amended to read:
134 383.14 Screening for metabolic disorders, other hereditary
135 and congenital disorders, and environmental risk factors.—
136 (1) SCREENING REQUIREMENTS.—To help ensure access to the
137 maternal and child health care system, the Department of Health
138 shall promote the screening of all newborns born in Florida for
139 metabolic, hereditary, and congenital disorders known to result
140 in significant impairment of health or intellect, as screening
141 programs accepted by current medical practice become available
142 and practical in the judgment of the department. The department
143 shall also promote the identification and screening of all
144 newborns in this state and their families for environmental risk
145 factors such as low income, poor education, maternal and family
146 stress, emotional instability, substance abuse, and other high
147 risk conditions associated with increased risk of infant
148 mortality and morbidity to provide early intervention,
149 remediation, and prevention services, including, but not limited
150 to, parent support and training programs, home visitation, and
151 case management. Identification, perinatal screening, and
152 intervention efforts shall begin prior to and immediately
153 following the birth of the child by the attending health care
154 provider. Such efforts shall be conducted in hospitals,
155 perinatal centers, county health departments, school health
156 programs that provide prenatal care, and birthing centers, and
157 reported to the Office of Vital Statistics.
158 (b) Postnatal screening.—A risk factor analysis using the
159 department’s designated risk assessment instrument shall also be
160 conducted as part of the medical screening process upon the
161 birth of a child and submitted to the department’s Office of
162 Vital Statistics for recording and other purposes provided for
163 in this chapter. The department’s screening process for risk
164 assessment shall include a scoring mechanism and procedures that
165 establish thresholds for notification, further assessment,
166 referral, and eligibility for services by professionals or
167 paraprofessionals consistent with the level of risk. Procedures
168 for developing and using the screening instrument, notification,
169 referral, and care coordination services, reporting
170 requirements, management information, and maintenance of a
171 computer-driven registry in the Office of Vital Statistics which
172 ensures privacy safeguards must be consistent with the
173 provisions and plans established under chapter 411, Pub. L. No.
174 99-457, and this chapter. Procedures established for reporting
175 information and maintaining a confidential registry must include
176 a mechanism for a centralized information depository at the
177 state and county levels. The department shall coordinate with
178 existing risk assessment systems and information registries. The
179 department must ensure, to the maximum extent possible, that the
180 screening information registry is integrated with the
181 department’s automated data systems, including the Florida On
182 line Recipient Integrated Data Access (FLORIDA) system. Tests
183 and screenings must be performed by the State Public Health
184 Laboratory, in coordination with Children’s Medical Services, at
185 such times and in such manner as is prescribed by the department
186 after consultation with the Genetics and Newborn Screening
187 Advisory Council and the Department of Education Office of Early
188 Learning.
189 (2) RULES.—
190 (b) After consultation with the Department of Education
191 Office of Early Learning, the department shall adopt and enforce
192 rules requiring every newborn in this state to be screened for
193 environmental risk factors that place children and their
194 families at risk for increased morbidity, mortality, and other
195 negative outcomes.
196 Section 7. Paragraph (h) of subsection (2) of section
197 391.308, Florida Statutes, is amended to read:
198 391.308 Early Steps Program.—The department shall implement
199 and administer part C of the federal Individuals with
200 Disabilities Education Act (IDEA), which shall be known as the
201 “Early Steps Program.”
202 (2) DUTIES OF THE DEPARTMENT.—The department shall:
203 (h) Promote interagency cooperation and coordination, with
204 the Medicaid program, the Department of Education program
205 pursuant to part B of the federal Individuals with Disabilities
206 Education Act, and programs providing child screening such as
207 the Florida Diagnostic and Learning Resources System, the Office
208 of Early Learning, Healthy Start, and the Help Me Grow program.
209 1. Coordination with the Medicaid program shall be
210 developed and maintained through written agreements with the
211 Agency for Health Care Administration and Medicaid managed care
212 organizations as well as through active and ongoing
213 communication with these organizations. The department shall
214 assist local program offices to negotiate agreements with
215 Medicaid managed care organizations in the service areas of the
216 local program offices. Such agreements may be formal or
217 informal.
218 2. Coordination with education programs pursuant to part B
219 of the federal Individuals with Disabilities Education Act shall
220 be developed and maintained through written agreements with the
221 Department of Education. The department shall assist local
222 program offices to negotiate agreements with school districts in
223 the service areas of the local program offices.
224 Section 8. Subsection (6) of section 402.26, Florida
225 Statutes, is amended to read:
226 402.26 Child care; legislative intent.—
227 (6) It is the intent of the Legislature that a child care
228 facility licensed pursuant to s. 402.305 or a child care
229 facility exempt from licensing pursuant to s. 402.316, that
230 achieves Gold Seal Quality status pursuant to s. 402.281, be
231 considered an educational institution for the purpose of
232 qualifying for exemption from ad valorem tax pursuant to s.
233 196.198.
234 Section 9. Section 402.281, Florida Statutes, is
235 transferred, renumbered as section 1002.945, Florida Statutes,
236 and amended to read:
237 1002.945 402.281 Gold Seal Quality Care program.—
238 (1)(a) There is established within the department the Gold
239 Seal Quality Care Program.
240 (b) A child care facility, large family child care home, or
241 family day care home that is accredited by an accrediting
242 association approved by the department under subsection (3) and
243 meets all other requirements shall, upon application to the
244 department, receive a separate “Gold Seal Quality Care”
245 designation.
246 (2) The State Board of Education department shall adopt
247 rules establishing Gold Seal Quality Care accreditation
248 standards using nationally recognized accrediting standards and
249 input from accrediting associations based on the applicable
250 accrediting standards of the National Association for the
251 Education of Young Children (NAEYC), the National Association of
252 Family Child Care, and the National Early Childhood Program
253 Accreditation Commission.
254 (3)(a) In order to be approved by the department for
255 participation in the Gold Seal Quality Care program, an
256 accrediting association must apply to the department and
257 demonstrate that it:
258 1. Is a recognized accrediting association.
259 2. Has accrediting standards that substantially meet or
260 exceed the Gold Seal Quality Care standards adopted by the state
261 board department under subsection (2).
262 3. Is a registered corporation with the Department of
263 State.
264 4. Can provide evidence that the process for accreditation
265 has, at a minimum, all of the following components:
266 a. Clearly defined prerequisites that a child care provider
267 must meet before beginning the accreditation process. However,
268 accreditation may not be granted to a child care facility, large
269 family child care home, or family day care home before the site
270 is operational and is attended by children.
271 b. Procedures for completion of a self-study and
272 comprehensive onsite verification process for each classroom
273 that documents compliance with accrediting standards.
274 c. A training process for accreditation verifiers to ensure
275 inter-rater reliability.
276 d. Ongoing compliance procedures that include requiring
277 each accredited child care facility, large family child care
278 home, and family day care home to file an annual report with the
279 accrediting association and risk-based, on-site auditing
280 protocols for accredited child care facilities, large family
281 child care homes, and family day care homes.
282 e. Procedures for the revocation of accreditation due to
283 failure to maintain accrediting standards as evidenced by sub
284 subparagraph d. or any other relevant information received by
285 the accrediting association.
286 f. Accreditation renewal procedures that include an onsite
287 verification occurring at least every 5 years.
288 g. A process for verifying continued accreditation
289 compliance in the event of a transfer of ownership of
290 facilities.
291 h. A process to communicate issues that arise during the
292 accreditation period with governmental entities that have a
293 vested interest in the Gold Seal Quality Care Program, including
294 the department, the Department of Children and Families, the
295 Department of Health, local licensing entities, if applicable,
296 and the early learning coalition.
297 (b) The department shall establish a process that verifies
298 that the accrediting association meets the provisions of
299 paragraph (a), which must include an auditing program and any
300 other procedures that may reasonably determine an accrediting
301 association’s compliance with this section. If an accrediting
302 association is not in compliance and fails to cure its
303 deficiencies within 30 days, the department shall recommend to
304 the state board termination of the accrediting association’s
305 participation as an accrediting association in the program for a
306 period of at least 2 years but no more than 5 years. If an
307 accrediting association is removed from being an approved
308 accrediting association, each child care provider accredited by
309 that association shall have up to 1 year to obtain a new
310 accreditation from a department approved accreditation
311 association.
312 (c) If an accrediting association has granted accreditation
313 to a child care facility, large family child care home, or
314 family day care under fraudulent terms or failed to conduct on
315 site verifications, the accrediting association shall be liable
316 for the repayment of any rate differentials paid under
317 subsection (6).
318 (b) In approving accrediting associations, the department
319 shall consult with the Department of Education, the Florida Head
320 Start Directors Association, the Florida Association of Child
321 Care Management, the Florida Family Child Care Home Association,
322 the Florida Children’s Forum, the Florida Association for the
323 Education of the Young, the Child Development Education
324 Alliance, the Florida Association of Academic Nonpublic Schools,
325 the Association of Early Learning Coalitions, providers
326 receiving exemptions under s. 402.316, and parents.
327 (4) In order to obtain and maintain a designation as a Gold
328 Seal Quality Care provider, a child care facility, large family
329 child care home, or family day care home must meet the following
330 additional criteria:
331 (a) The child care provider must not have had any class I
332 violations, as defined by rule of the Department of Children and
333 Families, within the 2 years preceding its application for
334 designation as a Gold Seal Quality Care provider. Commission of
335 a class I violation shall be grounds for termination of the
336 designation as a Gold Seal Quality Care provider until the
337 provider has no class I violations for a period of 2 years.
338 (b) The child care provider must not have had three or more
339 class II violations, as defined by rule of the Department of
340 Children and Families, within the 2 years preceding its
341 application for designation as a Gold Seal Quality Care
342 provider. Commission of three or more class II violations within
343 a 2-year period shall be grounds for termination of the
344 designation as a Gold Seal Quality Care provider until the
345 provider has no class II violations for a period of 1 year.
346 (c) The child care provider must not have been cited for
347 the same class III violation, as defined by rule of the
348 Department of Children and Families, three or more times and
349 failed to correct the violation within 1 year after the date of
350 each citation, within the 2 years preceding its application for
351 designation as a Gold Seal Quality Care provider. Commission of
352 the same class III violation three or more times and failure to
353 correct within the required time during a 2-year period may be
354 grounds for termination of the designation as a Gold Seal
355 Quality Care provider until the provider has no class III
356 violations for a period of 1 year.
357 (d) Notwithstanding paragraph (a), if the department
358 determines through a formal process that a provider has been in
359 business for at least 5 years and has no other class I
360 violations recorded, the department may recommend to the state
361 board that the provider maintain its Gold Seal Quality Care
362 status. The state board’s determination regarding such
363 provider’s status is final.
364 (5) A child care facility licensed pursuant to s. 402.305
365 or a child care facility exempt from licensing pursuant to s.
366 402.316 which achieves Gold Seal Quality status under this
367 section shall be considered an educational institution for the
368 purpose of qualifying for exemption from ad valorem tax under s.
369 196.198.
370 (6) A child care facility licensed pursuant to s. 402.305
371 or a child care facility exempt from licensing pursuant to s.
372 402.316 which achieves Gold Seal Quality status under this
373 section and which participates in the school readiness program
374 shall receive a minimum of a 20 percent rate differential for
375 each enrolled school readiness child by care level and unit of
376 child care.
377 (7)(5) The state board Department of Children and Families
378 shall adopt rules under ss. 120.536(1) and 120.54 which provide
379 criteria and procedures for reviewing and approving accrediting
380 associations for participation in the Gold Seal Quality Care
381 program and, conferring and revoking designations of Gold Seal
382 Quality Care providers, and classifying violations.
383 Section 10. Type two transfer from the Department of
384 Children and Families.—
385 (1) All powers, duties, functions, records, offices,
386 personnel, associated administrative support positions,
387 property, pending issues, existing contracts, administrative
388 authority, administrative rules, and unexpended balances of
389 appropriations, allocations, and other funds relating to the
390 Gold Seal Quality Care program within the Department of Children
391 and Families are transferred by a type two transfer, as defined
392 in s. 20.06(2), Florida Statutes, to the Department of
393 Education.
394 (2) Any binding contract or interagency agreement existing
395 before July 1, 2020, between the Department of Children and
396 Families, or an entity or agent of the department, and any other
397 agency, entity, or person relating to the Gold Seal Quality Care
398 program shall continue as a binding contract or agreement for
399 the remainder of the term of such contract or agreement on the
400 successor entity responsible for the program, activity, or
401 functions relative to the contract or agreement.
402 Section 11. Paragraph (c) of subsection (1) and paragraph
403 (a) of subsection (7) of section 402.305, Florida Statutes, are
404 amended to read:
405 402.305 Licensing standards; child care facilities.—
406 (1) LICENSING STANDARDS.—The department shall establish
407 licensing standards that each licensed child care facility must
408 meet regardless of the origin or source of the fees used to
409 operate the facility or the type of children served by the
410 facility.
411 (c) The minimum standards for child care facilities shall
412 be adopted in the rules of the department and shall address the
413 areas delineated in this section. The department, in adopting
414 rules to establish minimum standards for child care facilities,
415 shall recognize that different age groups of children may
416 require different standards. The department may adopt different
417 minimum standards for facilities that serve children in
418 different age groups, including school-age children. The
419 department shall also adopt by rule a definition for child care
420 which distinguishes between child care programs that require
421 child care licensure and after-school programs that do not
422 require licensure. Notwithstanding any other provision of law to
423 the contrary, minimum child care licensing standards shall be
424 developed to provide for reasonable, affordable, and safe
425 before-school and after-school care. Licensing standards adopted
426 by the department between July 1, 2020, and June 30, 2022, must
427 be ratified by the Legislature. After-school programs that
428 otherwise meet the criteria for exclusion from licensure may
429 provide snacks and meals through the federal Afterschool Meal
430 Program (AMP) administered by the Department of Health in
431 accordance with federal regulations and standards. The
432 Department of Health shall consider meals to be provided through
433 the AMP only if the program is actively participating in the
434 AMP, is in good standing with the department, and the meals meet
435 AMP requirements. Standards, at a minimum, shall allow for a
436 credentialed director to supervise multiple before-school and
437 after-school sites.
438 (7) SANITATION AND SAFETY.—
439 (a) Minimum standards shall include requirements for
440 sanitary and safety conditions, first aid treatment, emergency
441 procedures, and pediatric cardiopulmonary resuscitation. The
442 minimum standards shall require that at least one staff person
443 trained in cardiopulmonary resuscitation, as evidenced by
444 current documentation of course completion, must be present at
445 all times that children are present.
446 Section 12. Subsection (5) of section 402.315, Florida
447 Statutes, is amended to read:
448 402.315 Funding; license fees.—
449 (5) All moneys collected by the department for child care
450 licensing shall be held in a trust fund of the department to be
451 reallocated to the department during the following fiscal year
452 to fund child care licensing activities, including the Gold Seal
453 Quality Care program created pursuant to s. 1002.945 s. 402.281.
454 Section 13. Paragraph (a) of subsection (4) of section
455 402.56, Florida Statutes, is amended to read:
456 402.56 Children’s cabinet; organization; responsibilities;
457 annual report.—
458 (4) MEMBERS.—The cabinet shall consist of 16 members
459 including the Governor and the following persons:
460 (a)1. The Secretary of Children and Families;
461 2. The Secretary of Juvenile Justice;
462 3. The director of the Agency for Persons with
463 Disabilities;
464 4. A representative from the Division The director of the
465 Office of Early Learning;
466 5. The State Surgeon General;
467 6. The Secretary of Health Care Administration;
468 7. The Commissioner of Education;
469 8. The director of the Statewide Guardian Ad Litem Office;
470 9. A representative of the Office of Adoption and Child
471 Protection;
472 10. A superintendent of schools, appointed by the Governor;
473 and
474 11. Five members who represent children and youth advocacy
475 organizations and who are not service providers, appointed by
476 the Governor.
477 Section 14. Paragraph (e) of subsection (2) of section
478 411.226, Florida Statutes, is amended to read:
479 411.226 Learning Gateway.—
480 (2) LEARNING GATEWAY STEERING COMMITTEE.—
481 (e) To support and facilitate system improvements, the
482 steering committee must consult with representatives from the
483 Department of Education, the Department of Health, the Office of
484 Early Learning, the Department of Children and Families, the
485 Agency for Health Care Administration, the Department of
486 Juvenile Justice, and the Department of Corrections and with the
487 director of the Learning Development and Evaluation Center of
488 Florida Agricultural and Mechanical University.
489 Section 15. Paragraph (d) of subsection (1), paragraph (a)
490 of subsection (2), and paragraph (c) of subsection (3) of
491 section 411.227, Florida Statutes, are amended to read:
492 411.227 Components of the Learning Gateway.—The Learning
493 Gateway system consists of the following components:
494 (1) COMMUNITY EDUCATION STRATEGIES AND FAMILY-ORIENTED
495 ACCESS.—
496 (d) In collaboration with other local resources, the
497 demonstration projects shall develop public awareness strategies
498 to disseminate information about developmental milestones,
499 precursors of learning problems and other developmental delays,
500 and the service system that is available. The information should
501 target parents of children from birth through age 9 and should
502 be distributed to parents, health care providers, and caregivers
503 of children from birth through age 9. A variety of media should
504 be used as appropriate, such as print, television, radio, and a
505 community-based Internet website, as well as opportunities such
506 as those presented by parent visits to physicians for well-child
507 checkups. The Learning Gateway Steering Committee shall provide
508 technical assistance to the local demonstration projects in
509 developing and distributing educational materials and
510 information.
511 1. Public awareness strategies targeting parents of
512 children from birth through age 5 shall be designed to provide
513 information to public and private preschool programs, child care
514 providers, pediatricians, parents, and local businesses and
515 organizations. These strategies should include information on
516 the school readiness performance standards adopted by the
517 Department of Education Office of Early Learning.
518 2. Public awareness strategies targeting parents of
519 children from ages 6 through 9 must be designed to disseminate
520 training materials and brochures to parents and public and
521 private school personnel, and must be coordinated with the local
522 school board and the appropriate school advisory committees in
523 the demonstration projects. The materials should contain
524 information on state and district proficiency levels for grades
525 K-3.
526 (2) SCREENING AND DEVELOPMENTAL MONITORING.—
527 (a) In coordination with the Office of Early Learning, the
528 Department of Education, and the Florida Pediatric Society, and
529 using information learned from the local demonstration projects,
530 the Learning Gateway Steering Committee shall establish
531 guidelines for screening children from birth through age 9. The
532 guidelines should incorporate recent research on the indicators
533 most likely to predict early learning problems, mild
534 developmental delays, child-specific precursors of school
535 failure, and other related developmental indicators in the
536 domains of cognition; communication; attention; perception;
537 behavior; and social, emotional, sensory, and motor functioning.
538 (3) EARLY EDUCATION, SERVICES AND SUPPORTS.—
539 (c) The steering committee, in cooperation with the
540 Department of Children and Families and, the Department of
541 Education, and the Office of Early Learning, shall identify the
542 elements of an effective research-based curriculum for early
543 care and education programs.
544 Section 16. Subsection (1) of section 414.295, Florida
545 Statutes, is amended to read:
546 414.295 Temporary cash assistance programs; public records
547 exemption.—
548 (1) Personal identifying information of a temporary cash
549 assistance program participant, a participant’s family, or a
550 participant’s family or household member, except for information
551 identifying a parent who does not live in the same home as the
552 child, which is held by the department, the Office of Early
553 Learning, CareerSource Florida, Inc., the Department of Health,
554 the Department of Revenue, the Department of Education, or a
555 local workforce development board or local committee created
556 pursuant to s. 445.007 is confidential and exempt from s.
557 119.07(1) and s. 24(a), Art. I of the State Constitution. Such
558 confidential and exempt information may be released for purposes
559 directly connected with:
560 (a) The administration of the temporary assistance for
561 needy families plan under Title IV-A of the Social Security Act,
562 as amended, by the department, the Office of Early Learning,
563 CareerSource Florida, Inc., the Department of Military Affairs,
564 the Department of Health, the Department of Revenue, the
565 Department of Education, a local workforce development board or
566 local committee created pursuant to s. 445.007, or a school
567 district.
568 (b) The administration of the state’s plan or program
569 approved under Title IV-B, Title IV-D, or Title IV-E of the
570 Social Security Act, as amended, or under Title I, Title X,
571 Title XIV, Title XVI, Title XIX, Title XX, or Title XXI of the
572 Social Security Act, as amended.
573 (c) An investigation, prosecution, or criminal, civil, or
574 administrative proceeding conducted in connection with the
575 administration of any of the plans or programs specified in
576 paragraph (a) or paragraph (b) by a federal, state, or local
577 governmental entity, upon request by that entity, if such
578 request is made pursuant to the proper exercise of that entity’s
579 duties and responsibilities.
580 (d) The administration of any other state, federal, or
581 federally assisted program that provides assistance or services
582 on the basis of need, in cash or in kind, directly to a
583 participant.
584 (e) An audit or similar activity, such as a review of
585 expenditure reports or financial review, conducted in connection
586 with the administration of plans or programs specified in
587 paragraph (a) or paragraph (b) by a governmental entity
588 authorized by law to conduct such audit or activity.
589 (f) The administration of the reemployment assistance
590 program.
591 (g) The reporting to the appropriate agency or official of
592 information about known or suspected instances of physical or
593 mental injury, sexual abuse or exploitation, or negligent
594 treatment or maltreatment of a child or elderly person receiving
595 assistance, if circumstances indicate that the health or welfare
596 of the child or elderly person is threatened.
597 (h) The administration of services to elderly persons under
598 ss. 430.601-430.606.
599 Section 17. Section 1000.01, Florida Statutes, is amended
600 to read:
601 1000.01 The Florida Early Learning-20 K-20 education
602 system; technical provisions.—
603 (1) NAME.—Chapters 1000 through 1013 shall be known and
604 cited as the “Florida Early Learning-20 K-20 Education Code.”
605 (2) LIBERAL CONSTRUCTION.—The provisions of the Florida
606 Early Learning-20 K-20 Education Code shall be liberally
607 construed to the end that its objectives may be effected. It is
608 the legislative intent that if any section, subsection,
609 sentence, clause, or provision of the Florida Early Learning-20
610 K-20 Education Code is held invalid, the remainder of the code
611 shall not be affected.
612 (3) PURPOSE.—The purpose of the Florida Early Learning-20
613 K-20 Education Code is to provide by law for a state system of
614 schools, courses, classes, and educational institutions and
615 services adequate to allow, for all Florida’s students, the
616 opportunity to obtain a high quality education. The Florida
617 Early Learning-20 K-20 education system is established to
618 accomplish this purpose; however, nothing in this code shall be
619 construed to require the provision of free public education
620 beyond grade 12.
621 (4) UNIFORM SYSTEM OF PUBLIC K-12 SCHOOLS INCLUDED.—As
622 required by s. 1, Art. IX of the State Constitution, the Florida
623 Early Learning-20 K-20 education system shall include the
624 uniform system of free public K-12 schools. These public K-12
625 schools shall provide 13 consecutive years of instruction,
626 beginning with kindergarten, and shall also provide such
627 instruction for students with disabilities, gifted students,
628 limited English proficient students, and students in Department
629 of Juvenile Justice programs as may be required by law. The
630 funds for support and maintenance of the uniform system of free
631 public K-12 schools shall be derived from state, district,
632 federal, and other lawful sources or combinations of sources,
633 including any fees charged nonresidents as provided by law.
634 Section 18. Subsection (2) of section 1000.02, Florida
635 Statutes, is amended to read:
636 1000.02 Policy and guiding principles for the Florida Early
637 Learning-20 K-20 education system.—
638 (2) The guiding principles for Florida’s Early Learning-20
639 K-20 education system are:
640 (a) A coordinated, seamless system for early learning
641 kindergarten through graduate school education.
642 (b) A system that is student-centered in every facet.
643 (c) A system that maximizes education access and allows the
644 opportunity for a high quality education for all Floridians.
645 (d) A system that safeguards equity and supports academic
646 excellence.
647 (e) A system that provides for local operational
648 flexibility while promoting accountability for student
649 achievement and improvement.
650 Section 19. Section 1000.03, Florida Statutes, is amended
651 to read:
652 1000.03 Function, mission, and goals of the Florida Early
653 Learning-20 K-20 education system.—
654 (1) Florida’s Early Learning-20 K-20 education system shall
655 be a decentralized system without excess layers of bureaucracy.
656 Florida’s Early Learning-20 K-20 education system shall maintain
657 a systemwide technology plan based on a common set of data
658 definitions.
659 (2)(a) The Legislature shall establish education policy,
660 enact education laws, and appropriate and allocate education
661 resources.
662 (b) With the exception of matters relating to the State
663 University System, the State Board of Education shall oversee
664 the enforcement of all laws and rules, and the timely provision
665 of direction, resources, assistance, intervention when needed,
666 and strong incentives and disincentives to force accountability
667 for results.
668 (c) The Board of Governors shall oversee the enforcement of
669 all state university laws and rules and regulations and the
670 timely provision of direction, resources, assistance,
671 intervention when needed, and strong incentives and
672 disincentives to force accountability for results.
673 (3) Public education is a cooperative function of the state
674 and local educational authorities. The state retains
675 responsibility for establishing a system of public education
676 through laws, standards, and rules to assure efficient operation
677 of an Early Learning-20 a K-20 system of public education and
678 adequate educational opportunities for all individuals. Local
679 educational authorities have a duty to fully and faithfully
680 comply with state laws, standards, and rules and to efficiently
681 use the resources available to them to assist the state in
682 allowing adequate educational opportunities.
683 (4) The mission of Florida’s Early Learning-20 K-20
684 education system is to allow its students to increase their
685 proficiency by allowing them the opportunity to expand their
686 knowledge and skills through rigorous and relevant learning
687 opportunities, in accordance with the mission statement and
688 accountability requirements of s. 1008.31.
689 (5) The priorities of Florida’s Early Learning-20 K-20
690 education system include:
691 (a) Learning and completion at all levels, including
692 increased high school graduation rate and readiness for
693 postsecondary education without remediation.—All students
694 demonstrate increased learning and completion at all levels,
695 graduate from high school, and are prepared to enter
696 postsecondary education without remediation.
697 (b) Student performance.—Students demonstrate that they
698 meet the expected academic standards consistently at all levels
699 of their education.
700 (c) Civic literacy.—Students are prepared to become
701 civically engaged and knowledgeable adults who make positive
702 contributions to their communities.
703 (d) Alignment of standards and resources.—Academic
704 standards for every level of the Early Learning-20 K-20
705 education system are aligned, and education financial resources
706 are aligned with student performance expectations at each level
707 of the Early Learning-20 K-20 education system.
708 (e) Educational leadership.—The quality of educational
709 leadership at all levels of Early Learning-20 K-20 education is
710 improved.
711 (f) Workforce education.—Workforce education is
712 appropriately aligned with the skills required by the new global
713 economy.
714 (g) Parental, student, family, educational institution, and
715 community involvement.—Parents, students, families, educational
716 institutions, and communities are collaborative partners in
717 education, and each plays an important role in the success of
718 individual students. Therefore, the State of Florida cannot be
719 the guarantor of each individual student’s success. The goals of
720 Florida’s Early Learning-20 K-20 education system are not
721 guarantees that each individual student will succeed or that
722 each individual school will perform at the level indicated in
723 the goals.
724 (h) Comprehensive Early Learning-20 K-20 career and
725 education planning.—It is essential that Florida’s Early
726 Learning-20 K-20 education system better prepare all students at
727 every level for the transition from school to postsecondary
728 education or work by providing information regarding:
729 1. Career opportunities, educational requirements
730 associated with each career, educational institutions that
731 prepare students to enter each career, and student financial aid
732 available to pursue postsecondary instruction required to enter
733 each career.
734 2. How to make informed decisions about the program of
735 study that best addresses the students’ interests and abilities
736 while preparing them to enter postsecondary education or the
737 workforce.
738 3. Recommended coursework and programs that prepare
739 students for success in their areas of interest and ability.
740
741 This information shall be provided to students and parents
742 through websites, handbooks, manuals, or other regularly
743 provided communications.
744 Section 20. Section 1000.04, Florida Statutes, is amended
745 to read:
746 1000.04 Components for the delivery of public education
747 within the Florida Early Learning-20 K-20 education system.
748 Florida’s Early Learning-20 K-20 education system provides for
749 the delivery of early learning and public education through
750 publicly supported and controlled K-12 schools, Florida College
751 System institutions, state universities and other postsecondary
752 educational institutions, other educational institutions, and
753 other educational services as provided or authorized by the
754 Constitution and laws of the state.
755 (1) EARLY LEARNING.—Early learning includes the Voluntary
756 Prekindergarten Education Program and the school readiness
757 program.
758 (2)(1) PUBLIC K-12 SCHOOLS.—The public K-12 schools include
759 charter schools and consist of kindergarten classes; elementary,
760 middle, and high school grades and special classes; virtual
761 instruction programs; workforce education; career centers;
762 adult, part-time, and evening schools, courses, or classes, as
763 authorized by law to be operated under the control of district
764 school boards; and lab schools operated under the control of
765 state universities.
766 (3)(2) PUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS.
767 Public postsecondary educational institutions include workforce
768 education; Florida College System institutions; state
769 universities; and all other state-supported postsecondary
770 educational institutions that are authorized and established by
771 law.
772 (4)(3) FLORIDA SCHOOL FOR THE DEAF AND THE BLIND.—The
773 Florida School for the Deaf and the Blind is a component of the
774 delivery of public education within Florida’s Early Learning-20
775 K-20 education system.
776 (5)(4) THE FLORIDA VIRTUAL SCHOOL.—The Florida Virtual
777 School is a component of the delivery of public education within
778 Florida’s Early Learning-20 K-20 education system.
779 Section 21. Section 1000.21, Florida Statutes, is amended
780 to read:
781 1000.21 Systemwide definitions.—As used in the Florida
782 Early Learning-20 K-20 Education Code:
783 (1) “Articulation” is the systematic coordination that
784 provides the means by which students proceed toward their
785 educational objectives in as rapid and student-friendly manner
786 as their circumstances permit, from grade level to grade level,
787 from elementary to middle to high school, to and through
788 postsecondary education, and when transferring from one
789 educational institution or program to another.
790 (2) “Commissioner” is the Commissioner of Education.
791 (3) “Florida College System institution” except as
792 otherwise specifically provided, includes all of the following
793 public postsecondary educational institutions in the Florida
794 College System and any branch campuses, centers, or other
795 affiliates of the institution:
796 (a) Eastern Florida State College, which serves Brevard
797 County.
798 (b) Broward College, which serves Broward County.
799 (c) College of Central Florida, which serves Citrus, Levy,
800 and Marion Counties.
801 (d) Chipola College, which serves Calhoun, Holmes, Jackson,
802 Liberty, and Washington Counties.
803 (e) Daytona State College, which serves Flagler and Volusia
804 Counties.
805 (f) Florida SouthWestern State College, which serves
806 Charlotte, Collier, Glades, Hendry, and Lee Counties.
807 (g) Florida State College at Jacksonville, which serves
808 Duval and Nassau Counties.
809 (h) The College of the Florida Keys, which serves Monroe
810 County.
811 (i) Gulf Coast State College, which serves Bay, Franklin,
812 and Gulf Counties.
813 (j) Hillsborough Community College, which serves
814 Hillsborough County.
815 (k) Indian River State College, which serves Indian River,
816 Martin, Okeechobee, and St. Lucie Counties.
817 (l) Florida Gateway College, which serves Baker, Columbia,
818 Dixie, Gilchrist, and Union Counties.
819 (m) Lake-Sumter State College, which serves Lake and Sumter
820 Counties.
821 (n) State College of Florida, Manatee-Sarasota, which
822 serves Manatee and Sarasota Counties.
823 (o) Miami Dade College, which serves Miami-Dade County.
824 (p) North Florida College, which serves Hamilton,
825 Jefferson, Lafayette, Madison, Suwannee, and Taylor Counties.
826 (q) Northwest Florida State College, which serves Okaloosa
827 and Walton Counties.
828 (r) Palm Beach State College, which serves Palm Beach
829 County.
830 (s) Pasco-Hernando State College, which serves Hernando and
831 Pasco Counties.
832 (t) Pensacola State College, which serves Escambia and
833 Santa Rosa Counties.
834 (u) Polk State College, which serves Polk County.
835 (v) St. Johns River State College, which serves Clay,
836 Putnam, and St. Johns Counties.
837 (w) St. Petersburg College, which serves Pinellas County.
838 (x) Santa Fe College, which serves Alachua and Bradford
839 Counties.
840 (y) Seminole State College of Florida, which serves
841 Seminole County.
842 (z) South Florida State College, which serves DeSoto,
843 Hardee, and Highlands Counties.
844 (aa) Tallahassee Community College, which serves Gadsden,
845 Leon, and Wakulla Counties.
846 (bb) Valencia College, which serves Orange and Osceola
847 Counties.
848 (4) “Department” is the Department of Education.
849 (5) “Parent” is either or both parents of a student, any
850 guardian of a student, any person in a parental relationship to
851 a student, or any person exercising supervisory authority over a
852 student in place of the parent.
853 (6) “State university,” except as otherwise specifically
854 provided, includes the following institutions and any branch
855 campuses, centers, or other affiliates of the institution:
856 (a) The University of Florida.
857 (b) The Florida State University.
858 (c) The Florida Agricultural and Mechanical University.
859 (d) The University of South Florida.
860 (e) The Florida Atlantic University.
861 (f) The University of West Florida.
862 (g) The University of Central Florida.
863 (h) The University of North Florida.
864 (i) The Florida International University.
865 (j) The Florida Gulf Coast University.
866 (k) New College of Florida.
867 (l) The Florida Polytechnic University.
868 (7) “Next Generation Sunshine State Standards” means the
869 state’s public K-12 curricular standards adopted under s.
870 1003.41.
871 (8) “Board of Governors” is the Board of Governors of the
872 State University System.
873 Section 22. Subsection (1) and paragraphs (e) and (s) of
874 subsection (2) of section 1001.02, Florida Statutes, are amended
875 to read:
876 1001.02 General powers of State Board of Education.—
877 (1) The State Board of Education is the chief implementing
878 and coordinating body of public education in Florida except for
879 the State University System, and it shall focus on high-level
880 policy decisions. It has authority to adopt rules pursuant to
881 ss. 120.536(1) and 120.54 to implement the provisions of law
882 conferring duties upon it for the improvement of the state
883 system of Early Learning-20 K-20 public education except for the
884 State University System. Except as otherwise provided herein, it
885 may, as it finds appropriate, delegate its general powers to the
886 Commissioner of Education or the directors of the divisions of
887 the department.
888 (2) The State Board of Education has the following duties:
889 (e) To adopt and submit to the Governor and Legislature, as
890 provided in s. 216.023, a coordinated Early Learning-20 K-20
891 education budget that estimates the expenditure requirements for
892 the Board of Governors, as provided in s. 1001.706, the State
893 Board of Education, including the Department of Education and
894 the Commissioner of Education, and all of the boards,
895 institutions, agencies, and services under the general
896 supervision of the Board of Governors, as provided in s.
897 1001.706, or the State Board of Education for the ensuing fiscal
898 year. The State Board of Education may not amend the budget
899 request submitted by the Board of Governors. Any program
900 recommended by the Board of Governors or the State Board of
901 Education which will require increases in state funding for more
902 than 1 year must be presented in a multiyear budget plan.
903 (s) To establish a detailed procedure for the
904 implementation and operation of a systemwide K-20 technology
905 plan that is based on a common set of data definitions.
906 Section 23. Subsections (8) and (9) of section 1001.03,
907 Florida Statutes, are amended to read:
908 1001.03 Specific powers of State Board of Education.—
909 (8) SYSTEMWIDE ENFORCEMENT.—The State Board of Education
910 shall enforce compliance with law and state board rule by all
911 school districts, early learning coalitions, and public
912 postsecondary educational institutions, except for the State
913 University System, in accordance with the provisions of s.
914 1008.32.
915 (9) MANAGEMENT INFORMATION DATABASES.—The State Board of
916 Education, in conjunction with the Board of Governors regarding
917 the State University System, shall continue to collect and
918 maintain, at a minimum, the management information databases for
919 state universities, and all other components of the public Early
920 Learning-20 K-20 education system as such databases existed on
921 June 30, 2002.
922 Section 24. Subsection (1), paragraphs (g), (k), and (l) of
923 subsection (6), and subsection (8) of section 1001.10, Florida
924 Statutes, are amended to read:
925 1001.10 Commissioner of Education; general powers and
926 duties.—
927 (1) The Commissioner of Education is the chief educational
928 officer of the state and the sole custodian of the educational
929 K-20 data warehouse, and is responsible for giving full
930 assistance to the State Board of Education in enforcing
931 compliance with the mission and goals of the Early Learning K-20
932 education system, except for the State University System.
933 (6) Additionally, the commissioner has the following
934 general powers and duties:
935 (g) To submit to the State Board of Education, on or before
936 October 1 of each year, recommendations for a coordinated Early
937 Learning-20 K-20 education budget that estimates the
938 expenditures for the Board of Governors, the State Board of
939 Education, including the Department of Education and the
940 Commissioner of Education, and all of the boards, institutions,
941 agencies, and services under the general supervision of the
942 Board of Governors or the State Board of Education for the
943 ensuing fiscal year. Any program recommended to the State Board
944 of Education that will require increases in state funding for
945 more than 1 year must be presented in a multiyear budget plan.
946 (k) To prepare, publish, and disseminate user-friendly
947 materials relating to the state’s education system, including
948 the state’s K-12 scholarship programs, the school readiness
949 program, and the Voluntary Prekindergarten Education Program.
950 (l) To prepare and publish annually reports giving
951 statistics and other useful information pertaining to the
952 state’s K-12 scholarship programs, the school readiness program,
953 and the Voluntary Prekindergarten Education Program.
954 (8) In the event of an emergency situation, the
955 commissioner may coordinate through the most appropriate means
956 of communication with early learning coalitions, local school
957 districts, Florida College System institutions, and satellite
958 offices of the Division of Blind Services and the Division of
959 Vocational Rehabilitation to assess the need for resources and
960 assistance to enable each school, institution, or satellite
961 office the ability to reopen as soon as possible after
962 considering the health, safety, and welfare of students and
963 clients.
964 Section 25. Paragraph (b) of subsection (1) and subsection
965 (4) of section 1001.11, Florida Statutes, are amended to read:
966 1001.11 Commissioner of Education; other duties.—
967 (1) The Commissioner of Education must independently
968 perform the following duties:
969 (b) Serve as the primary source of information to the
970 Legislature, including the President of the Senate and the
971 Speaker of the House of Representatives, concerning the State
972 Board of Education, the Early Learning-20 K-20 education system,
973 and early learning programs.
974 (4) The commissioner shall develop and implement an
975 integrated Early Learning-20 K-20 information system for
976 educational management in accordance with the requirements of
977 chapter 1008.
978 Section 26. Section 1001.213, Florida Statutes, is
979 repealed.
980 Section 27. Subsection (7) of section 1001.215, Florida
981 Statutes, is amended to read:
982 1001.215 Just Read, Florida! Office.—There is created in
983 the Department of Education the Just Read, Florida! Office. The
984 office is fully accountable to the Commissioner of Education and
985 shall:
986 (7) Review, evaluate, and provide technical assistance to
987 school districts’ implementation of the K-12 comprehensive
988 reading plan required in s. 1011.62(9).
989 Section 28. Subsection (1) of section 1001.23, Florida
990 Statutes, is amended to read:
991 1001.23 Specific powers and duties of the Department of
992 Education.—In addition to all other duties assigned to it by law
993 or by rule of the State Board of Education, the department
994 shall:
995 (1) Adopt the statewide kindergarten screening in
996 accordance with s. 1002.69.
997 Section 29. Subsection (3) of section 1001.70, Florida
998 Statutes, is amended to read:
999 1001.70 Board of Governors of the State University System.—
1000 (3) The Board of Governors, in exercising its authority
1001 under the State Constitution and statutes, shall exercise its
1002 authority in a manner that supports, promotes, and enhances an
1003 Early Learning-20 a K-20 education system that provides
1004 affordable access to postsecondary educational opportunities for
1005 residents of the state to the extent authorized by the State
1006 Constitution and state law.
1007 Section 30. Paragraph (b) of subsection (4) of section
1008 1001.706, Florida Statutes, is amended to read:
1009 1001.706 Powers and duties of the Board of Governors.—
1010 (4) POWERS AND DUTIES RELATING TO FINANCE.—
1011 (b) The Board of Governors shall prepare the legislative
1012 budget requests for the State University System, including a
1013 request for fixed capital outlay, and submit them to the State
1014 Board of Education for inclusion in the Early Learning-20 K-20
1015 legislative budget request. The Board of Governors shall provide
1016 the state universities with fiscal policy guidelines, formats,
1017 and instruction for the development of individual university
1018 budget requests.
1019 Section 31. Paragraph (b) of subsection (1) of section
1020 1002.22, Florida Statutes, is amended to read:
1021 1002.22 Education records and reports of K-12 students;
1022 rights of parents and students; notification; penalty.—
1023 (1) DEFINITIONS.—As used in this section, the term:
1024 (b) “Institution” means any public school, center,
1025 institution, or other entity that is part of Florida’s education
1026 system under s. 1000.04(2), (4), and (5) s. 1000.04(1), (3), and
1027 (4).
1028 Section 32. Subsections (3) and (10) of section 1002.32,
1029 Florida Statutes, are amended to read:
1030 1002.32 Developmental research (laboratory) schools.—
1031 (3) MISSION.—The mission of a lab school shall be the
1032 provision of a vehicle for the conduct of research,
1033 demonstration, and evaluation regarding management, teaching,
1034 and learning. Programs to achieve the mission of a lab school
1035 shall embody the goals and standards established pursuant to ss.
1036 1000.03(5) and 1001.23(1) 1001.23(2) and shall ensure an
1037 appropriate education for its students.
1038 (a) Each lab school shall emphasize mathematics, science,
1039 computer science, and foreign languages. The primary goal of a
1040 lab school is to enhance instruction and research in such
1041 specialized subjects by using the resources available on a state
1042 university campus, while also providing an education in
1043 nonspecialized subjects. Each lab school shall provide
1044 sequential elementary and secondary instruction where
1045 appropriate. A lab school may not provide instruction at grade
1046 levels higher than grade 12 without authorization from the State
1047 Board of Education. Each lab school shall develop and implement
1048 a school improvement plan pursuant to s. 1003.02(3).
1049 (b) Research, demonstration, and evaluation conducted at a
1050 lab school may be generated by the college of education and
1051 other colleges within the university with which the school is
1052 affiliated.
1053 (c) Research, demonstration, and evaluation conducted at a
1054 lab school may be generated by the State Board of Education.
1055 Such research shall respond to the needs of the education
1056 community at large, rather than the specific needs of the
1057 affiliated college.
1058 (d) Research, demonstration, and evaluation conducted at a
1059 lab school may consist of pilot projects to be generated by the
1060 affiliated college, the State Board of Education, or the
1061 Legislature.
1062 (e) The exceptional education programs offered at a lab
1063 school shall be determined by the research and evaluation goals
1064 and the availability of students for efficiently sized programs.
1065 The fact that a lab school offers an exceptional education
1066 program in no way lessens the general responsibility of the
1067 local school district to provide exceptional education programs.
1068 (10) EXCEPTIONS TO LAW.—To encourage innovative practices
1069 and facilitate the mission of the lab schools, in addition to
1070 the exceptions to law specified in s. 1001.23(1) s. 1001.23(2),
1071 the following exceptions shall be permitted for lab schools:
1072 (a) The methods and requirements of the following statutes
1073 shall be held in abeyance: ss. 316.75; 1001.30; 1001.31;
1074 1001.32; 1001.33; 1001.34; 1001.35; 1001.36; 1001.361; 1001.362;
1075 1001.363; 1001.37; 1001.371; 1001.372; 1001.38; 1001.39;
1076 1001.395; 1001.40; 1001.41; 1001.44; 1001.453; 1001.46;
1077 1001.461; 1001.462; 1001.463; 1001.464; 1001.47; 1001.48;
1078 1001.49; 1001.50; 1001.51; 1006.12(2); 1006.21(3), (4); 1006.23;
1079 1010.07(2); 1010.40; 1010.41; 1010.42; 1010.43; 1010.44;
1080 1010.45; 1010.46; 1010.47; 1010.48; 1010.49; 1010.50; 1010.51;
1081 1010.52; 1010.53; 1010.54; 1010.55; 1011.02(1)-(3), (5);
1082 1011.04; 1011.20; 1011.21; 1011.22; 1011.23; 1011.71; 1011.72;
1083 1011.73; and 1011.74.
1084 (b) With the exception of s. 1001.42(18), s. 1001.42 shall
1085 be held in abeyance. Reference to district school boards in s.
1086 1001.42(18) shall mean the president of the university or the
1087 president’s designee.
1088 Section 33. Paragraph (b) of subsection (10) of section
1089 1002.34, Florida Statutes, is amended to read:
1090 1002.34 Charter technical career centers.—
1091 (10) EXEMPTION FROM STATUTES.—
1092 (b) A center must comply with the Florida Early Learning-20
1093 K-20 Education Code with respect to providing services to
1094 students with disabilities.
1095 Section 34. Subsection (1) of section 1002.36, Florida
1096 Statutes, is amended to read:
1097 1002.36 Florida School for the Deaf and the Blind.—
1098 (1) RESPONSIBILITIES.—The Florida School for the Deaf and
1099 the Blind, located in St. Johns County, is a state-supported
1100 residential public school for hearing-impaired and visually
1101 impaired students in preschool through 12th grade. The school is
1102 a component of the delivery of public education within Florida’s
1103 Early Learning-20 K-20 education system and shall be funded
1104 through the Department of Education. The school shall provide
1105 educational programs and support services appropriate to meet
1106 the education and related evaluation and counseling needs of
1107 hearing-impaired and visually impaired students in the state who
1108 meet enrollment criteria. Unless otherwise provided by law, the
1109 school shall comply with all laws and rules applicable to state
1110 agencies. Education services may be provided on an outreach
1111 basis for sensory-impaired children ages 0 through 5 years and
1112 to district school boards upon request. Graduates of the Florida
1113 School for the Deaf and the Blind shall be eligible for the
1114 William L. Boyd, IV, Effective Access to Student Education Grant
1115 Program as provided in s. 1009.89.
1116 Section 35. Paragraph (b) of subsection (4) and subsection
1117 (5) of section 1002.53, Florida Statutes, are amended, and
1118 paragraph (d) is added to subsection (6), to read:
1119 1002.53 Voluntary Prekindergarten Education Program;
1120 eligibility and enrollment.—
1121 (4)
1122 (b) The application must be submitted on forms prescribed
1123 by the department Office of Early Learning and must be
1124 accompanied by a certified copy of the child’s birth
1125 certificate. The forms must include a certification, in
1126 substantially the form provided in s. 1002.71(6)(b)2., that the
1127 parent chooses the private prekindergarten provider or public
1128 school in accordance with this section and directs that payments
1129 for the program be made to the provider or school. The
1130 department Office of Early Learning may authorize alternative
1131 methods for submitting proof of the child’s age in lieu of a
1132 certified copy of the child’s birth certificate.
1133 (5) The early learning coalition shall provide each parent
1134 enrolling a child in the Voluntary Prekindergarten Education
1135 Program with a profile of every private prekindergarten provider
1136 and public school delivering the program within the county where
1137 the child is being enrolled. The profiles shall be provided to
1138 parents in a format prescribed by the department in accordance
1139 with s. 1002.92(3) Office of Early Learning. The profiles must
1140 include, at a minimum, the following information about each
1141 provider and school:
1142 (a) The provider’s or school’s services, curriculum,
1143 instructor credentials, and instructor-to-student ratio; and
1144 (b) The provider’s or school’s kindergarten readiness rate
1145 calculated in accordance with s. 1002.69, based upon the most
1146 recent available results of the statewide kindergarten
1147 screening.
1148 (6)
1149 (d) Each parent who enrolls his or her child in the
1150 Voluntary Prekindergarten Education Program must allow his or
1151 her child to participate in the coordinated screening and
1152 progress monitoring program under s. 1008.2125.
1153 Section 36. Paragraphs (a), (b), (c), (e), (g), (h), (i),
1154 (j), and (l) of subsection (3), subsection (4), and paragraph
1155 (b) of subsection (5) of section 1002.55, Florida Statutes, are
1156 amended, and subsection (6) is added to that section, to read:
1157 1002.55 School-year prekindergarten program delivered by
1158 private prekindergarten providers.—
1159 (3) To be eligible to deliver the prekindergarten program,
1160 a private prekindergarten provider must meet each of the
1161 following requirements:
1162 (a) The private prekindergarten provider must be a child
1163 care facility licensed under s. 402.305, family day care home
1164 licensed under s. 402.313, large family child care home licensed
1165 under s. 402.3131, nonpublic school exempt from licensure under
1166 s. 402.3025(2), or faith-based child care provider exempt from
1167 licensure under s. 402.316, child development program that is
1168 accredited by a national accrediting body and operates on a
1169 military installation that is certified by the United States
1170 Department of Defense, or private prekindergarten provider that
1171 has been issued a provisional license under s. 402.309. A
1172 private prekindergarten provider may not deliver the program
1173 while holding a probation-status license under s. 402.310.
1174 (b) The private prekindergarten provider must:
1175 1. Be accredited by an accrediting association that is a
1176 member of the National Council for Private School Accreditation,
1177 or the Florida Association of Academic Nonpublic Schools, or be
1178 accredited by the Southern Association of Colleges and Schools,
1179 or Western Association of Colleges and Schools, or North Central
1180 Association of Colleges and Schools, or Middle States
1181 Association of Colleges and Schools, or New England Association
1182 of Colleges and Schools; and have written accreditation
1183 standards that meet or exceed the state’s licensing requirements
1184 under s. 402.305, s. 402.313, or s. 402.3131 and require at
1185 least one onsite visit to the provider or school before
1186 accreditation is granted;
1187 2. Hold a current Gold Seal Quality Care designation under
1188 s. 1002.945 s. 402.281; or
1189 3. Be licensed under s. 402.305, s. 402.313, or s. 402.3131
1190 and demonstrate, before delivering the Voluntary Prekindergarten
1191 Education Program, as verified by the early learning coalition,
1192 that the provider meets each of the requirements of the program
1193 under this part, including, but not limited to, the requirements
1194 for credentials and background screenings of prekindergarten
1195 instructors under paragraphs (c) and (d), minimum and maximum
1196 class sizes under paragraph (f), prekindergarten director
1197 credentials under paragraph (g), and a developmentally
1198 appropriate curriculum under s. 1002.67(2)(b).
1199 (c) The private prekindergarten provider must have, for
1200 each prekindergarten class of 11 children or fewer, at least one
1201 prekindergarten instructor who meets each of the following
1202 requirements:
1203 1. The prekindergarten instructor must hold, at a minimum,
1204 one of the following credentials:
1205 a. A child development associate credential issued by the
1206 National Credentialing Program of the Council for Professional
1207 Recognition; or
1208 b. A credential approved by the Department of Children and
1209 Families as being equivalent to or greater than the credential
1210 described in sub-subparagraph a.
1211
1212 The Department of Children and Families may adopt rules under
1213 ss. 120.536(1) and 120.54 which provide criteria and procedures
1214 for approving equivalent credentials under sub-subparagraph b.
1215 2. The prekindergarten instructor must successfully
1216 complete at least three an emergent literacy training courses
1217 that include developmentally appropriate and experiential
1218 learning practices for children course and a student performance
1219 standards training course approved by the department office as
1220 meeting or exceeding the minimum standards adopted under s.
1221 1002.59. The requirement for completion of the standards
1222 training course shall take effect July 1, 2021 2014, and be
1223 recognized as part of the informal early learning career pathway
1224 identified by the department under s. 1002.995(1)(b). Such and
1225 the course shall be available online or in person.
1226 (e) A private prekindergarten provider may assign a
1227 substitute instructor to temporarily replace a credentialed
1228 instructor if the credentialed instructor assigned to a
1229 prekindergarten class is absent, as long as the substitute
1230 instructor is of good moral character and has been screened
1231 before employment in accordance with level 2 background
1232 screening requirements in chapter 435. The department Office of
1233 Early Learning shall adopt rules to implement this paragraph
1234 which shall include required qualifications of substitute
1235 instructors and the circumstances and time limits for which a
1236 private prekindergarten provider may assign a substitute
1237 instructor.
1238 (g) The private prekindergarten provider must have a
1239 prekindergarten director who has a prekindergarten director
1240 credential that is approved by the department office as meeting
1241 or exceeding the minimum standards adopted under s. 1002.57. A
1242 private school administrator who holds a valid certificate in
1243 educational leadership issued by the department satisfies the
1244 requirement for a prekindergarten director credential under s.
1245 1002.57 Successful completion of a child care facility director
1246 credential under s. 402.305(2)(g) before the establishment of
1247 the prekindergarten director credential under s. 1002.57 or July
1248 1, 2006, whichever occurs later, satisfies the requirement for a
1249 prekindergarten director credential under this paragraph.
1250 (h) The private prekindergarten provider must register with
1251 the early learning coalition on forms prescribed by the
1252 department Office of Early Learning.
1253 (i) The private prekindergarten provider must execute the
1254 statewide provider contract prescribed under s. 1002.73 s.
1255 1002.75, except that an individual who owns or operates multiple
1256 private prekindergarten sites providers within a coalition’s
1257 service area may execute a single agreement with the coalition
1258 on behalf of each site provider.
1259 (j) The private prekindergarten provider must maintain
1260 general liability insurance and provide the coalition with
1261 written evidence of general liability insurance coverage,
1262 including coverage for transportation of children if
1263 prekindergarten students are transported by the provider. A
1264 provider must obtain and retain an insurance policy that
1265 provides a minimum of $100,000 of coverage per occurrence and a
1266 minimum of $300,000 general aggregate coverage. The department
1267 office may authorize lower limits upon request, as appropriate.
1268 A provider must add the coalition as a named certificateholder
1269 and as an additional insured. A provider must provide the
1270 coalition with a minimum of 10 calendar days’ advance written
1271 notice of cancellation of or changes to coverage. The general
1272 liability insurance required by this paragraph must remain in
1273 full force and effect for the entire period of the provider
1274 contract with the coalition.
1275 (l) Notwithstanding paragraph (j), for a private
1276 prekindergarten provider that is a state agency or a subdivision
1277 thereof, as defined in s. 768.28(2), the provider must agree to
1278 notify the coalition of any additional liability coverage
1279 maintained by the provider in addition to that otherwise
1280 established under s. 768.28. The provider shall indemnify the
1281 coalition to the extent permitted by s. 768.28. Notwithstanding
1282 paragraph (j), for a child development program that is
1283 accredited by a national accrediting body and operates on a
1284 military installation that is certified by the United States
1285 Department of Defense, the provider may demonstrate liability
1286 coverage by affirming that it is subject to the Federal Tort
1287 Claims Act, 28 U.S.C. s. 2671 et seq.
1288 (4) A prekindergarten instructor, in lieu of the minimum
1289 credentials and courses required under paragraph (3)(c), may
1290 hold one of the following educational credentials:
1291 (a) A bachelor’s or higher degree in early childhood
1292 education, prekindergarten or primary education, preschool
1293 education, or family and consumer science;
1294 (b) A bachelor’s or higher degree in elementary education,
1295 if the prekindergarten instructor has been certified to teach
1296 children any age from birth through 6th grade, regardless of
1297 whether the instructor’s educator certificate is current, and if
1298 the instructor is not ineligible to teach in a public school
1299 because his or her educator certificate is suspended or revoked;
1300 (c) An associate’s or higher degree in child development;
1301 (d) An associate’s or higher degree in an unrelated field,
1302 at least 6 credit hours in early childhood education or child
1303 development, and at least 480 hours of experience in teaching or
1304 providing child care services for children any age from birth
1305 through 8 years of age; or
1306 (e) An educational credential approved by the department as
1307 being equivalent to or greater than an educational credential
1308 described in this subsection. The department may adopt criteria
1309 and procedures for approving equivalent educational credentials
1310 under this paragraph.
1311 (5)
1312 (b) Notwithstanding any other provision of law, if a
1313 private prekindergarten provider has been cited for a class I
1314 violation, as defined by rule of the Child Care Services Program
1315 Office of the Department of Children and Families, the coalition
1316 may refuse to contract with the provider.
1317 (6) Each early learning coalition must verify that each
1318 private prekindergarten provider delivering the Voluntary
1319 Prekindergarten Education Program within the coalition’s county
1320 or multicounty region complies with this part. If a private
1321 prekindergarten provider fails or refuses to comply with this
1322 part or engages in misconduct, the department shall require the
1323 early learning coalition to remove the provider from eligibility
1324 to deliver the program and receive state funds under this part
1325 for a period of at least 2 years but no more than 5 years.
1326 Section 37. Subsections (1) and (2) of section 1002.57,
1327 Florida Statutes, is amended to read:
1328 1002.57 Prekindergarten director credential.—
1329 (1) The department office, in consultation with the
1330 Department of Children and Families, shall adopt minimum
1331 standards for a credential for prekindergarten directors of
1332 private prekindergarten providers delivering the Voluntary
1333 Prekindergarten Education Program. The credential must encompass
1334 requirements for education and onsite experience.
1335 (2) The educational requirements must include training in
1336 the following:
1337 (a) Professionally accepted standards for prekindergarten
1338 programs, early learning, and strategies and techniques to
1339 address the age-appropriate progress of prekindergarten students
1340 in attaining the performance standards adopted by the department
1341 under s. 1002.67;
1342 (b) Implementation of curriculum and usage of student-level
1343 data to inform the delivery of instruction;
1344 (c)(b) Strategies that allow students with disabilities and
1345 other special needs to derive maximum benefit from the Voluntary
1346 Prekindergarten Education Program; and
1347 (d)(c) Program administration and operations, including
1348 management, organizational leadership, and financial and legal
1349 issues.
1350 Section 38. Section 1002.59, Florida Statutes, is amended
1351 to read:
1352 1002.59 Emergent literacy and performance standards
1353 training courses.—
1354 (1) The department office shall adopt minimum standards for
1355 one or more training courses in emergent literacy for
1356 prekindergarten instructors. Each course must comprise 5 clock
1357 hours and provide instruction in strategies and techniques to
1358 address the age-appropriate progress of prekindergarten students
1359 in developing emergent literacy skills, including oral
1360 communication, knowledge of print and letters, phonemic and
1361 phonological awareness, and vocabulary and comprehension
1362 development. Each course must also provide resources containing
1363 strategies that allow students with disabilities and other
1364 special needs to derive maximum benefit from the Voluntary
1365 Prekindergarten Education Program. Successful completion of an
1366 emergent literacy training course approved under this section
1367 satisfies requirements for approved training in early literacy
1368 and language development under ss. 402.305(2)(e)5., 402.313(6),
1369 and 402.3131(5).
1370 (2) The department office shall adopt minimum standards for
1371 one or more training courses on the performance standards
1372 adopted under s. 1002.67(1). Each course must be comprised of
1373 comprise at least 3 clock hours, provide instruction in
1374 strategies and techniques to address age-appropriate progress of
1375 each child in attaining the standards, and be available online.
1376 (3) The department shall make available online professional
1377 development and training courses comprised of at least 8 clock
1378 hours that support prekindergarten instructors in increasing the
1379 competency of teacher-child interactions.
1380 Section 39. Present subsections (6) through (8) of section
1381 1002.61, Florida Statutes, are redesignated as subsections (7)
1382 through (9), respectively, new subsection (6) and subsection
1383 (10) are added to that section, and paragraph (b) of subsection
1384 (1), paragraph (b) of subsection (3), subsection (4), and
1385 present subsections (6) and (8) are amended, to read:
1386 1002.61 Summer prekindergarten program delivered by public
1387 schools and private prekindergarten providers.—
1388 (1)
1389 (b) Each early learning coalition shall administer the
1390 Voluntary Prekindergarten Education Program at the county or
1391 regional level for students enrolled under s. 1002.53(3)(b) in a
1392 summer prekindergarten program delivered by a private
1393 prekindergarten provider. A child development program that is
1394 accredited by a national accrediting body and operates on a
1395 military installation that is certified by the United States
1396 Department of Defense may administer the summer prekindergarten
1397 program as a private prekindergarten provider.
1398 (3)
1399 (b) Each public school delivering the summer
1400 prekindergarten program must execute the statewide provider
1401 contract prescribed under s. 1002.73 s. 1002.75, except that the
1402 school district may execute a single agreement with the early
1403 learning coalition on behalf of all district schools.
1404 (4) Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4),
1405 each public school and private prekindergarten provider must
1406 have, for each prekindergarten class, at least one
1407 prekindergarten instructor who is a certified teacher or holds
1408 one of the educational credentials specified in s. 1002.55(4)(a)
1409 or (b). As used in this subsection, the term “certified teacher”
1410 means a teacher holding a valid Florida educator certificate
1411 under s. 1012.56 who has the qualifications required by the
1412 district school board to instruct students in the summer
1413 prekindergarten program. In selecting instructional staff for
1414 the summer prekindergarten program, each school district shall
1415 give priority to teachers who have experience or coursework in
1416 early childhood education and have completed emergent literacy
1417 and performance standards courses, as defined in s.
1418 1002.55(3)(c)2.
1419 (6) A child development program that is accredited by a
1420 national accrediting body and operates on a military
1421 installation that is certified by the United States Department
1422 of Defense shall comply with the requirements of a private
1423 prekindergarten provider in this section.
1424 (7)(6) A public school or private prekindergarten provider
1425 may assign a substitute instructor to temporarily replace a
1426 credentialed instructor if the credentialed instructor assigned
1427 to a prekindergarten class is absent, as long as the substitute
1428 instructor is of good moral character and has been screened
1429 before employment in accordance with level 2 background
1430 screening requirements in chapter 435. This subsection does not
1431 supersede employment requirements for instructional personnel in
1432 public schools which are more stringent than the requirements of
1433 this subsection. The department Office of Early Learning shall
1434 adopt rules to implement this subsection which shall include
1435 required qualifications of substitute instructors and the
1436 circumstances and time limits for which a public school or
1437 private prekindergarten provider may assign a substitute
1438 instructor.
1439 (9)(8) Each public school delivering the summer
1440 prekindergarten program must also register with the early
1441 learning coalition on forms prescribed by the department Office
1442 of Early Learning and deliver the Voluntary Prekindergarten
1443 Education Program in accordance with this part.
1444 (10)(a) Each early learning coalition shall verify that
1445 each private prekindergarten provider and public school
1446 delivering the Voluntary Prekindergarten Education Program
1447 within the coalition’s county or multicounty region complies
1448 with this part.
1449 (b) If a private prekindergarten provider or public school
1450 fails or refuses to comply with this part or engages in
1451 misconduct, the department shall require the early learning
1452 coalition to remove the provider or school from eligibility to
1453 deliver the Voluntary Prekindergarten Education Program and
1454 receive state funds under this part for a period of at least 2
1455 years but no more than 5 years.
1456 Section 40. Paragraph (b) of subsection (3) and subsections
1457 (6) and (8) of section 1002.63, Florida Statutes, are amended,
1458 and subsection (9) is added to that section, to read:
1459 1002.63 School-year prekindergarten program delivered by
1460 public schools.—
1461 (3)
1462 (b) Each public school delivering the school-year
1463 prekindergarten program must execute the statewide provider
1464 contract prescribed under s. 1002.73 s. 1002.75, except that the
1465 school district may execute a single agreement with the early
1466 learning coalition on behalf of all district schools.
1467 (6) A public school prekindergarten provider may assign a
1468 substitute instructor to temporarily replace a credentialed
1469 instructor if the credentialed instructor assigned to a
1470 prekindergarten class is absent, as long as the substitute
1471 instructor is of good moral character and has been screened
1472 before employment in accordance with level 2 background
1473 screening requirements in chapter 435. This subsection does not
1474 supersede employment requirements for instructional personnel in
1475 public schools which are more stringent than the requirements of
1476 this subsection. The department Office of Early Learning shall
1477 adopt rules to implement this subsection which shall include
1478 required qualifications of substitute instructors and the
1479 circumstances and time limits for which a public school
1480 prekindergarten provider may assign a substitute instructor.
1481 (8) Each public school delivering the school-year
1482 prekindergarten program must register with the early learning
1483 coalition on forms prescribed by the department Office of Early
1484 Learning and deliver the Voluntary Prekindergarten Education
1485 Program in accordance with this part.
1486 (9)(a) Each early learning coalition shall verify that each
1487 public school delivering the Voluntary Prekindergarten Education
1488 Program within the coalition’s service area complies with this
1489 part.
1490 (b) If a public school fails or refuses to comply with this
1491 part or engages in misconduct, the department shall require the
1492 early learning coalition to remove the school from eligibility
1493 to deliver the Voluntary Prekindergarten Education Program and
1494 receive state funds under this part for a period of at least 2
1495 years but no more than 5 years.
1496 Section 41. Section 1002.67, Florida Statutes, is amended
1497 to read:
1498 1002.67 Performance standards and; curricula and
1499 accountability.—
1500 (1)(a) The department office shall develop and adopt
1501 performance standards for students in the Voluntary
1502 Prekindergarten Education Program. The performance standards
1503 must address the age-appropriate progress of students in the
1504 development of:
1505 1. The capabilities, capacities, and skills required under
1506 s. 1(b), Art. IX of the State Constitution; and
1507 2. Emergent literacy skills, including oral communication,
1508 knowledge of print and letters, phonemic and phonological
1509 awareness, and vocabulary and comprehension development; and
1510 3. Mathematical thinking and early math skills.
1511
1512 By October 1, 2013, the office shall examine the existing
1513 performance standards in the area of mathematical thinking and
1514 develop a plan to make appropriate professional development and
1515 training courses available to prekindergarten instructors.
1516 (b) At least every 3 years, the department office shall
1517 periodically review and, if necessary, revise the performance
1518 standards established under s. 1002.67 for the statewide
1519 kindergarten screening administered under s. 1002.69 and align
1520 the standards to the standards established by the state board
1521 for student performance on the statewide assessments
1522 administered pursuant to s. 1008.22.
1523 (2)(a) Each private prekindergarten provider and public
1524 school may select or design the curriculum that the provider or
1525 school uses to implement the Voluntary Prekindergarten Education
1526 Program, except as otherwise required for a provider or school
1527 that is placed on probation under s. 1002.68 paragraph (4)(c).
1528 (b) Each private prekindergarten provider’s and public
1529 school’s curriculum must be developmentally appropriate and
1530 must:
1531 1. Be designed to prepare a student for early literacy and
1532 provide for instruction in early math skills;
1533 2. Enhance the age-appropriate progress of students in
1534 attaining the performance standards adopted by the department
1535 under subsection (1); and
1536 3. Support student learning gains through differentiated
1537 instruction that shall be measured by the coordinated screening
1538 and progress monitoring program under s. 1008.2125 Prepare
1539 students to be ready for kindergarten based upon the statewide
1540 kindergarten screening administered under s. 1002.69.
1541 (c) The department office shall adopt procedures for the
1542 review and approval of approve curricula for use by private
1543 prekindergarten providers and public schools that are placed on
1544 probation under s. 1002.68 paragraph (4)(c). The department
1545 office shall administer the review and approval process and
1546 maintain a list of the curricula approved under this paragraph.
1547 Each approved curriculum must meet the requirements of paragraph
1548 (b).
1549 (3)(a) Contingent upon legislative appropriation, each
1550 private prekindergarten provider and public school in the
1551 Voluntary Prekindergarten Education Program must implement an
1552 evidence-based pre- and post-assessment that has been approved
1553 by rule of the State Board of Education.
1554 (b) In order to be approved, the assessment must be valid,
1555 reliable, developmentally appropriate, and designed to measure
1556 student progress on domains which must include, but are not
1557 limited to, early literacy, numeracy, and language.
1558 (c) The pre- and post-assessment must be administered by
1559 individuals meeting requirements established by rule of the
1560 State Board of Education.
1561 (4)(a) Each early learning coalition shall verify that each
1562 private prekindergarten provider delivering the Voluntary
1563 Prekindergarten Education Program within the coalition’s county
1564 or multicounty region complies with this part. Each district
1565 school board shall verify that each public school delivering the
1566 program within the school district complies with this part.
1567 (b) If a private prekindergarten provider or public school
1568 fails or refuses to comply with this part, or if a provider or
1569 school engages in misconduct, the office shall require the early
1570 learning coalition to remove the provider and require the school
1571 district to remove the school from eligibility to deliver the
1572 Voluntary Prekindergarten Education Program and receive state
1573 funds under this part for a period of 5 years.
1574 (c)1. If the kindergarten readiness rate of a private
1575 prekindergarten provider or public school falls below the
1576 minimum rate adopted by the office as satisfactory under s.
1577 1002.69(6), the early learning coalition or school district, as
1578 applicable, shall require the provider or school to submit an
1579 improvement plan for approval by the coalition or school
1580 district, as applicable, and to implement the plan; shall place
1581 the provider or school on probation; and shall require the
1582 provider or school to take certain corrective actions, including
1583 the use of a curriculum approved by the office under paragraph
1584 (2)(c) or a staff development plan to strengthen instruction in
1585 language development and phonological awareness approved by the
1586 office.
1587 2. A private prekindergarten provider or public school that
1588 is placed on probation must continue the corrective actions
1589 required under subparagraph 1., including the use of a
1590 curriculum or a staff development plan to strengthen instruction
1591 in language development and phonological awareness approved by
1592 the office, until the provider or school meets the minimum rate
1593 adopted by the office as satisfactory under s. 1002.69(6).
1594 Failure to implement an approved improvement plan or staff
1595 development plan shall result in the termination of the
1596 provider’s contract to deliver the Voluntary Prekindergarten
1597 Education Program for a period of 5 years.
1598 3. If a private prekindergarten provider or public school
1599 remains on probation for 2 consecutive years and fails to meet
1600 the minimum rate adopted by the office as satisfactory under s.
1601 1002.69(6) and is not granted a good cause exemption by the
1602 office pursuant to s. 1002.69(7), the office shall require the
1603 early learning coalition or the school district to remove, as
1604 applicable, the provider or school from eligibility to deliver
1605 the Voluntary Prekindergarten Education Program and receive
1606 state funds for the program for a period of 5 years.
1607 (d) Each early learning coalition and the office shall
1608 coordinate with the Child Care Services Program Office of the
1609 Department of Children and Families to minimize interagency
1610 duplication of activities for monitoring private prekindergarten
1611 providers for compliance with requirements of the Voluntary
1612 Prekindergarten Education Program under this part, the school
1613 readiness program under part VI of this chapter, and the
1614 licensing of providers under ss. 402.301-402.319.
1615 Section 42. Section 1002.68, Florida Statutes, is created
1616 to read:
1617 1002.68 Voluntary Prekindergarten Education Program
1618 accountability.—
1619 (1)(a) Beginning with the 2021-2022 program year, each
1620 private prekindergarten provider and public school participating
1621 in the Voluntary Prekindergarten Education Program must
1622 participate in the coordinated screening and progress monitoring
1623 program in accordance with s. 1008.2125. The coordinated
1624 screening and progress monitoring program results shall be used
1625 by the department to identify student learning gains, index
1626 development learning outcomes upon program completion relative
1627 to the performance standards established under s. 1002.67 and
1628 representative norms, and inform a private prekindergarten
1629 provider’s and public school’s performance metric.
1630 (b) At a minimum, the initial and final progress monitoring
1631 or screening must be administered by individuals meeting
1632 requirements adopted by the department pursuant to s. 1008.2125.
1633 (c) Each private prekindergarten provider and public school
1634 must provide a student’s performance results from the
1635 coordinated screening and progress monitoring to the student’s
1636 parents within 7 days after the administration of such
1637 coordinated screening and progress monitoring.
1638 (2) Beginning with the 2020-2021 program year, each private
1639 prekindergarten provider and public school in the Voluntary
1640 Prekindergarten Education Program must participate in a program
1641 assessment of each voluntary prekindergarten education
1642 classroom. The program assessment shall measure the quality of
1643 teacher-child interactions, including emotional support,
1644 classroom organization, and instructional support for children
1645 ages 3 to 5 years. Each private prekindergarten provider and
1646 public school in the Voluntary Prekindergarten Education Program
1647 shall receive from the department the results of the program
1648 assessment for each classroom within 14 days after the
1649 observation. The program assessment must be administered by
1650 individuals who meet requirements established by rule of the
1651 State Board of Education.
1652 (3)(a) For the 2019-2020 program year, the department shall
1653 calculate a kindergarten readiness rate for each private
1654 prekindergarten provider and public school in the Voluntary
1655 Prekindergarten Education Program based upon learning gains and
1656 the percentage of students who are assessed as ready for
1657 kindergarten. The department shall require that each school
1658 district administer the statewide kindergarten screening in use
1659 before the 2020-2021 school year to each kindergarten student in
1660 the school district within the first 30 school days of the 2020
1661 2021 school year. Private schools may administer the statewide
1662 kindergarten screening to each kindergarten student in a private
1663 school who was enrolled in the Voluntary Prekindergarten
1664 Education Program. Learning gains shall be determined using a
1665 value-added measure based on growth demonstrated by the results
1666 of the preassessment and postassessment in use before the 2020
1667 2021 program year. Any private prekindergarten provider or
1668 public school in the Voluntary Prekindergarten Education Program
1669 which fails to meet the minimum kindergarten readiness rate for
1670 the 2019-2020 program year is subject to the probation
1671 requirements of subsection (5).
1672 (b) For the 2020-2021 program year, the department shall
1673 calculate a program assessment composite score for each provider
1674 based on the program assessment under subsection (2). Any
1675 private prekindergarten provider or public school in the
1676 Voluntary Prekindergarten Education Program which fails to meet
1677 the minimum program assessment composite score established by
1678 the department pursuant to s. 1002.82(2)(n) for the 2020-2021
1679 program year is subject to the probation requirements of
1680 subsection (5).
1681 (4)(a) Beginning with the 2021-2022 program year, the
1682 department shall adopt a methodology for calculating each
1683 private prekindergarten provider’s and public school provider’s
1684 performance metric, which must be based on a combination of the
1685 following:
1686 1. Program assessment composite scores under subsection
1687 (2), which must be weighted at no less than 50 percent.
1688 2. Learning gains operationalized as change in ability
1689 scores from the initial and final progress monitoring results
1690 described in subsection (1).
1691 3. Norm-referenced developmental learning outcomes
1692 described in subsection (1).
1693 (b) The methodology for calculating a provider’s
1694 performance metric may only include prekindergarten students who
1695 have attended at least 85 percent of a private prekindergarten
1696 provider’s or public school’s program.
1697 (c) The program assessment composite score and performance
1698 metric must be calculated for each private prekindergarten or
1699 public school site.
1700 (d) The methodology shall include a statistical latent
1701 profile analysis that has been conducted by an independent
1702 expert with experience in relevant quantitative analysis, early
1703 childhood assessment, and designing state-level accountability
1704 systems. The independent expert shall be able to produce a
1705 limited number of performance metric profiles that summarize the
1706 profiles of all sites that must be used to inform the following
1707 designations: “unsatisfactory,” “emerging proficiency,”
1708 “proficient,” “highly proficient,” and “excellent” or comparable
1709 terminology determined by the State Board of Education which may
1710 not include letter grades. The independent expert may not be a
1711 direct stakeholder or have had a financial interest in the
1712 design or delivery of the Voluntary Prekindergarten Education
1713 Program or public school system within the last 5 years.
1714 (e) Subject to an appropriation, the department shall
1715 provide for a differential payment to a private prekindergarten
1716 provider and public school based on the provider’s designation.
1717 The maximum differential payment may not exceed a total of 15
1718 percent of the base student allocation per full-time equivalent
1719 student under s. 1002.71 attending in the consecutive program
1720 year for that program. A private prekindergarten provider or
1721 public school may not receive a differential payment if it
1722 receives a designation of “proficient” or lower. Before the
1723 adoption of the methodology, the department and the independent
1724 expert shall confer with the Early Grade Success Advisory
1725 Committee under s. 1008.2125 before receiving approval from the
1726 State Board of Education for the final recommendations on the
1727 designation system and differential payments.
1728 (f) The department shall adopt procedures to annually
1729 calculate each private prekindergarten provider’s and public
1730 school’s performance metric, based on the methodology adopted in
1731 paragraphs (a) and (b), and assign a designation under paragraph
1732 (d). Beginning with the 2022-2023 program year, each private
1733 prekindergarten provider or public school shall be assigned a
1734 designation within 45 days after the conclusion of the school
1735 year Voluntary Prekindergarten Education Program delivered by
1736 all participating private prekindergarten providers or public
1737 schools and within 45 days after the conclusion of the summer
1738 Voluntary Prekindergarten Education Program delivered by all
1739 participating private prekindergarten providers or public
1740 schools.
1741 (g) A private prekindergarten provider or public school
1742 that is designated “proficient,” “highly proficient,” or
1743 “excellent” demonstrates the provider’s or school’s satisfactory
1744 delivery of the Voluntary Prekindergarten Education Program.
1745 (h) The designations shall be displayed in the early
1746 learning provider performance profiles required under s.
1747 1002.92(3).
1748 (5)(a) If a public school’s or private prekindergarten
1749 provider’s program assessment composite score for its
1750 prekindergarten classrooms fails to meet the minimum program
1751 assessment composite score for contracting established by the
1752 department pursuant to s. 1002.82(2)(n), the private
1753 prekindergarten provider or public school may not participate in
1754 the Voluntary Prekindergarten Education Program beginning in the
1755 consecutive program year and thereafter until the public school
1756 or private prekindergarten provider meets the minimum composite
1757 score for contracting.
1758 (b) If a private prekindergarten provider’s or public
1759 school’s performance metric or designation falls below the
1760 minimum performance metric or designation, the early learning
1761 coalition shall:
1762 1. Require the provider or school to submit for approval to
1763 the early learning coalition an improvement plan and implement
1764 the plan.
1765 2. Place the provider or school on probation.
1766 3. Require the provider or school to take certain
1767 corrective actions, including the use of a curriculum approved
1768 by the department under s. 1002.67(2)(c) and a staff development
1769 plan approved by the department to strengthen instructional
1770 practices in emotional support, classroom organization,
1771 instructional support, language development, phonological
1772 awareness, alphabet knowledge, and mathematical thinking.
1773 (c) A private prekindergarten provider or public school
1774 that is placed on probation must continue the corrective actions
1775 required under paragraph (b) until the provider or school meets
1776 the minimum performance metric or designation adopted by the
1777 department. Failure to meet the requirements of subparagraphs
1778 (b)1. and 3. shall result in the termination of the provider’s
1779 or school’s contract to deliver the Voluntary Prekindergarten
1780 Education Program for a period of at least 2 years but no more
1781 than 5 years.
1782 (d) If a private prekindergarten provider or public school
1783 remains on probation for 2 consecutive years and fails to meet
1784 the minimum performance metric or designation, or is not granted
1785 a good cause exemption by the department, the department shall
1786 require the early learning coalition to revoke the provider’s or
1787 school’s eligibility to deliver the Voluntary Prekindergarten
1788 Education Program and receive state funds for the program for a
1789 period of at least 2 years but no more than 5 years.
1790 (6)(a) The department, upon the request of a private
1791 prekindergarten provider or public school that remains on
1792 probation for at least 2 consecutive years and subsequently
1793 fails to meet the minimum performance metric or designation, and
1794 for good cause shown, may grant to the provider or school an
1795 exemption from being determined ineligible to deliver the
1796 Voluntary Prekindergarten Education Program and receive state
1797 funds for the program. Such exemption is valid for 1 year and,
1798 upon the request of the private prekindergarten provider or
1799 public school and for good cause shown, may be renewed.
1800 (b) A private prekindergarten provider’s or public school’s
1801 request for a good cause exemption, or renewal of such an
1802 exemption, must be submitted to the department in the manner and
1803 within the timeframes prescribed by the department and must
1804 include the following:
1805 1. Data from the private prekindergarten provider or public
1806 school which documents the achievement and progress of the
1807 children served, as measured by any required screenings or
1808 assessments.
1809 2. Data from the program assessment required under
1810 subsection (2) which demonstrates effective teaching practices
1811 as recognized by the tool developer.
1812 3. Data from the early learning coalition or district
1813 school board, as applicable, the Department of Children and
1814 Families, the local licensing authority, or an accrediting
1815 association, as applicable, relating to the private
1816 prekindergarten provider’s or public school’s compliance with
1817 state and local health and safety standards.
1818 (c) The department shall adopt criteria for granting good
1819 cause exemptions. Such criteria must include, but are not
1820 limited to, all of the following:
1821 1. Child demographic data that evidences a private
1822 prekindergarten provider or public school serves a statistically
1823 significant population of children with special needs who have
1824 individual education plans and can demonstrate progress toward
1825 meeting the goals outlined in the students’ individual education
1826 plans.
1827 2. Learning gains of children served in the Voluntary
1828 Prekindergarten Education Program by the private prekindergarten
1829 provider or public school on an alternative measure that has
1830 comparable validity and reliability of the coordinated screening
1831 and progress monitoring program in accordance with s. 1008.2125.
1832 3. Program assessment data under subsection (2) which
1833 demonstrates effective teaching practices as recognized by the
1834 tool developer.
1835 4. Verification that local and state health and safety
1836 requirements are met.
1837 (d) A good cause exemption may not be granted to any
1838 private prekindergarten provider or public school that has any
1839 class I violations or two or more class II violations, as
1840 defined by rule of the Department of Children and Families,
1841 within the 2 years preceding the provider’s or school’s request
1842 for the exemption.
1843 (e) A private prekindergarten provider or public school
1844 granted a good cause exemption shall continue to implement its
1845 improvement plan and continue the corrective actions required
1846 under subsection (5)(b) until the provider or school meets the
1847 minimum performance metric.
1848 (f) If a good cause exemption is granted to a private
1849 prekindergarten provider or public school that remains on
1850 probation for 2 consecutive years and if the provider meets all
1851 other applicable requirements of this part, the department shall
1852 notify the early learning coalition of the good cause exemption
1853 and direct that the early learning coalition not remove the
1854 provider from eligibility to deliver the Voluntary
1855 Prekindergarten Education Program or to receive state funds for
1856 the program.
1857 (g) The department shall report the number of private
1858 prekindergarten providers or public schools that have received a
1859 good cause exemption and the reasons for the exemptions as part
1860 of its annual reporting requirements under s. 1002.82(6).
1861 (7) Representatives from each school district and
1862 corresponding early learning coalitions must meet annually to
1863 develop strategies to transition students from the Voluntary
1864 Prekindergarten Education Program to kindergarten.
1865 Section 43. Section 1002.69, Florida Statutes, is repealed.
1866 Section 44. Paragraph (c) of subsection (3), subsection
1867 (4), paragraph (b) of subsection (5), paragraphs (b) and (d) of
1868 subsection (6), and subsection (7) of section 1002.71, Florida
1869 Statutes, are amended to read:
1870 1002.71 Funding; financial and attendance reporting.—
1871 (3)
1872 (c) The initial allocation shall be based on estimated
1873 student enrollment in each coalition service area. The
1874 department Office of Early Learning shall reallocate funds among
1875 the coalitions based on actual full-time equivalent student
1876 enrollment in each coalition service area. Each coalition shall
1877 report student enrollment pursuant to subsection (2) on a
1878 monthly basis. A student enrollment count for the prior fiscal
1879 year may not be amended after September 30 of the subsequent
1880 fiscal year.
1881 (4) Notwithstanding s. 1002.53(3) and subsection (2):
1882 (a) A child who, for any of the prekindergarten programs
1883 listed in s. 1002.53(3), has not completed more than 70 percent
1884 of the hours authorized to be reported for funding under
1885 subsection (2), or has not expended more than 70 percent of the
1886 funds authorized for the child under s. 1002.66, may withdraw
1887 from the program for good cause and reenroll in one of the
1888 programs. The total funding for a child who reenrolls in one of
1889 the programs for good cause may not exceed one full-time
1890 equivalent student. Funding for a child who withdraws and
1891 reenrolls in one of the programs for good cause shall be issued
1892 in accordance with the department’s Office of Early Learning’s
1893 uniform attendance policy adopted pursuant to paragraph (6)(d).
1894 (b) A child who has not substantially completed any of the
1895 prekindergarten programs listed in s. 1002.53(3) may withdraw
1896 from the program due to an extreme hardship that is beyond the
1897 child’s or parent’s control, reenroll in one of the summer
1898 programs, and be reported for funding purposes as a full-time
1899 equivalent student in the summer program for which the child is
1900 reenrolled.
1901
1902 A child may reenroll only once in a prekindergarten program
1903 under this section. A child who reenrolls in a prekindergarten
1904 program under this subsection may not subsequently withdraw from
1905 the program and reenroll, unless the child is granted a good
1906 cause exemption under this subsection. The department Office of
1907 Early Learning shall establish criteria specifying whether a
1908 good cause exists for a child to withdraw from a program under
1909 paragraph (a), whether a child has substantially completed a
1910 program under paragraph (b), and whether an extreme hardship
1911 exists which is beyond the child’s or parent’s control under
1912 paragraph (b).
1913 (5)
1914 (b) The department Office of Early Learning shall adopt
1915 procedures for the payment of private prekindergarten providers
1916 and public schools delivering the Voluntary Prekindergarten
1917 Education Program. The procedures shall provide for the advance
1918 payment of providers and schools based upon student enrollment
1919 in the program, the certification of student attendance, and the
1920 reconciliation of advance payments in accordance with the
1921 uniform attendance policy adopted under paragraph (6)(d). The
1922 procedures shall provide for the monthly distribution of funds
1923 by the department Office of Early Learning to the early learning
1924 coalitions for payment by the coalitions to private
1925 prekindergarten providers and public schools.
1926 (6)
1927 (b)1. Each private prekindergarten provider’s and district
1928 school board’s attendance policy must require the parent of each
1929 student in the Voluntary Prekindergarten Education Program to
1930 verify, each month, the student’s attendance on the prior
1931 month’s certified student attendance.
1932 2. The parent must submit the verification of the student’s
1933 attendance to the private prekindergarten provider or public
1934 school on forms prescribed by the department Office of Early
1935 Learning. The forms must include, in addition to the
1936 verification of the student’s attendance, a certification, in
1937 substantially the following form, that the parent continues to
1938 choose the private prekindergarten provider or public school in
1939 accordance with s. 1002.53 and directs that payments for the
1940 program be made to the provider or school:
1941 VERIFICATION OF STUDENT’S ATTENDANCE
1942 AND CERTIFICATION OF PARENTAL CHOICE
1943 I, ...(Name of Parent)..., swear (or affirm) that my child,
1944 ...(Name of Student)..., attended the Voluntary Prekindergarten
1945 Education Program on the days listed above and certify that I
1946 continue to choose ...(Name of Provider or School)... to deliver
1947 the program for my child and direct that program funds be paid
1948 to the provider or school for my child.
1949 ...(Signature of Parent)...
1950 ...(Date)...
1951 3. The private prekindergarten provider or public school
1952 must keep each original signed form for at least 2 years. Each
1953 private prekindergarten provider must permit the early learning
1954 coalition, and each public school must permit the school
1955 district, to inspect the original signed forms during normal
1956 business hours. The department Office of Early Learning shall
1957 adopt procedures for early learning coalitions and school
1958 districts to review the original signed forms against the
1959 certified student attendance. The review procedures shall
1960 provide for the use of selective inspection techniques,
1961 including, but not limited to, random sampling. Each early
1962 learning coalition and the school districts must comply with the
1963 review procedures.
1964 (d) The department Office of Early Learning shall adopt,
1965 for funding purposes, a uniform attendance policy for the
1966 Voluntary Prekindergarten Education Program. The attendance
1967 policy must apply statewide and apply equally to all private
1968 prekindergarten providers and public schools. The attendance
1969 policy must include at least the following provisions:
1970 1. A student’s attendance may be reported on a pro rata
1971 basis as a fractional part of a full-time equivalent student.
1972 2. At a maximum, 20 percent of the total payment made on
1973 behalf of a student to a private prekindergarten provider or a
1974 public school may be for hours a student is absent.
1975 3. A private prekindergarten provider or public school may
1976 not receive payment for absences that occur before a student’s
1977 first day of attendance or after a student’s last day of
1978 attendance.
1979
1980 The uniform attendance policy shall be used only for funding
1981 purposes and does not prohibit a private prekindergarten
1982 provider or public school from adopting and enforcing its
1983 attendance policy under paragraphs (a) and (c).
1984 (7) The department Office of Early Learning shall require
1985 that administrative expenditures be kept to the minimum
1986 necessary for efficient and effective administration of the
1987 Voluntary Prekindergarten Education Program. Administrative
1988 policies and procedures shall be revised, to the maximum extent
1989 practicable, to incorporate the use of automation and electronic
1990 submission of forms, including those required for child
1991 eligibility and enrollment, provider and class registration, and
1992 monthly certification of attendance for payment. A school
1993 district may use its automated daily attendance reporting system
1994 for the purpose of transmitting attendance records to the early
1995 learning coalition in a mutually agreed-upon format. In
1996 addition, actions shall be taken to reduce paperwork, eliminate
1997 the duplication of reports, and eliminate other duplicative
1998 activities. Each early learning coalition may retain and expend
1999 no more than 4.0 percent of the funds paid by the coalition to
2000 private prekindergarten providers and public schools under
2001 paragraph (5)(b). Funds retained by an early learning coalition
2002 under this subsection may be used only for administering the
2003 Voluntary Prekindergarten Education Program and may not be used
2004 for the school readiness program or other programs.
2005 Section 45. Subsection (1) of section 1002.72, Florida
2006 Statutes, is amended to read:
2007 1002.72 Records of children in the Voluntary
2008 Prekindergarten Education Program.—
2009 (1)(a) The records of a child enrolled in the Voluntary
2010 Prekindergarten Education Program held by an early learning
2011 coalition, the department Office of Early Learning, or a
2012 Voluntary Prekindergarten Education Program provider are
2013 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
2014 of the State Constitution. For purposes of this section, such
2015 records include assessment data, health data, records of teacher
2016 observations, and personal identifying information of an
2017 enrolled child and his or her parent.
2018 (b) This exemption applies to the records of a child
2019 enrolled in the Voluntary Prekindergarten Education Program held
2020 by an early learning coalition, the department Office of Early
2021 Learning, or a Voluntary Prekindergarten Education Program
2022 provider before, on, or after the effective date of this
2023 exemption.
2024 Section 46. Section 1002.73, Florida Statutes, is amended
2025 to read:
2026 1002.73 Department of Education; powers and duties;
2027 accountability requirements.—
2028 (1) The department shall adopt by rule a standard statewide
2029 provider contract to be used with each Voluntary Prekindergarten
2030 Education Program provider, with standardized attachments by
2031 provider type. The department shall publish a copy of the
2032 standard statewide provider contract on its website. The
2033 standard statewide provider contract shall include, at a
2034 minimum, provisions for provider probation, termination for
2035 cause, and emergency termination for actions or inactions of a
2036 provider that pose an immediate and serious danger to the
2037 health, safety, or welfare of children. The standard statewide
2038 provider contract shall also include appropriate due process
2039 procedures. During the pendency of an appeal of a termination,
2040 the provider may not continue to offer its services. Any
2041 provision imposed upon a provider that is inconsistent with, or
2042 prohibited by, law is void and unenforceable administer the
2043 accountability requirements of the Voluntary Prekindergarten
2044 Education Program at the state level.
2045 (2) The department shall adopt procedures for its:
2046 (a) The approval of prekindergarten director credentials
2047 under ss. 1002.55 and 1002.57.
2048 (b) The approval of emergent literacy and early mathematics
2049 skills training courses under ss. 1002.55 and 1002.59.
2050 (c) Annually notifying private prekindergarten providers
2051 and public schools placed on probation for not meeting the
2052 minimum performance metric as required by s. 1002.68 of the
2053 high-quality professional development opportunities developed or
2054 supported by the department.
2055 (d) The administration of the Voluntary Prekindergarten
2056 Education Program by the early learning coalitions, including,
2057 but not limited to, procedures for:
2058 1. Enrolling children in and determining the eligibility of
2059 children for the Voluntary Prekindergarten Education Program
2060 under s. 1002.53, which shall include the enrollment of children
2061 by public schools and private providers that meet specified
2062 requirements.
2063 2. Providing parents with profiles of private
2064 prekindergarten providers and public schools under s. 1002.53.
2065 3. Registering private prekindergarten providers and public
2066 schools to deliver the program under ss. 1002.55, 1002.61, and
2067 1002.63.
2068 4. Determining the eligibility of private prekindergarten
2069 providers to deliver the program under ss. 1002.55 and 1002.61
2070 and streamlining the process of determining provider eligibility
2071 whenever possible.
2072 5. Verifying the compliance of private prekindergarten
2073 providers and public schools and removing providers or schools
2074 from eligibility to deliver the program due to noncompliance or
2075 misconduct as provided in s. 1002.67.
2076 6. Paying private prekindergarten providers and public
2077 schools under s. 1002.71.
2078 7. Documenting and certifying student enrollment and
2079 student attendance under s. 1002.71.
2080 8. Reconciling advance payments in accordance with the
2081 uniform attendance policy under s. 1002.71.
2082 9. Reenrolling students dismissed by a private
2083 prekindergarten provider or public school for noncompliance with
2084 the provider’s or school district’s attendance policy under s.
2085 1002.71.
2086 (3) The department shall administer the accountability
2087 requirements of the Voluntary Prekindergarten Education Program
2088 at the state level.
2089 (4) The department shall adopt procedures governing the
2090 administration of the Voluntary Prekindergarten Education
2091 Program by the early learning coalitions for:
2092 (a) Approving improvement plans of private prekindergarten
2093 providers and public schools under s. 1002.68.
2094 (b) Placing private prekindergarten providers and public
2095 schools on probation and requiring corrective actions under s.
2096 1002.68.
2097 (c) Removing a private prekindergarten provider or public
2098 school from eligibility to deliver the program due to the
2099 provider’s or school’s remaining on probation beyond the time
2100 permitted under s. 1002.68. Notwithstanding any other law, if a
2101 private prekindergarten provider has been cited for a class I
2102 violation, as defined by rule of the Child Care Services Program
2103 Office of the Department of Children and Families, the coalition
2104 may refuse to contract with the provider or revoke the
2105 provider’s eligibility to deliver the Voluntary Prekindergarten
2106 Education Program.
2107 (d) Enrolling children in and determining the eligibility
2108 of children for the Voluntary Prekindergarten Education Program
2109 under s. 1002.66.
2110 (e) Paying specialized instructional services providers
2111 under s. 1002.66.
2112 (c) Administration of the statewide kindergarten screening
2113 and calculation of kindergarten readiness rates under s.
2114 1002.69.
2115 (d) Implementation of, and determination of costs
2116 associated with, the state-approved prekindergarten enrollment
2117 screening and the standardized postassessment approved by the
2118 department, and determination of the learning gains of students
2119 who complete the state-approved prekindergarten enrollment
2120 screening and the standardized postassessment approved by the
2121 department.
2122 (f)(e) Approving Approval of specialized instructional
2123 services providers under s. 1002.66.
2124 (f) Annual reporting of the percentage of kindergarten
2125 students who meet all state readiness measures.
2126 (g) Granting of a private prekindergarten provider’s or
2127 public school’s request for a good cause exemption under s.
2128 1002.68 s. 1002.69(7).
2129 (5) The department shall adopt procedures for the
2130 distribution of funds to early learning coalitions under s.
2131 1002.71.
2132 (6)(3) Except as provided by law, the department may not
2133 impose requirements on a private prekindergarten provider or
2134 public school that does not deliver the Voluntary
2135 Prekindergarten Education Program or receive state funds under
2136 this part.
2137 Section 47. Sections 1002.75 and 1002.77, Florida Statutes,
2138 are repealed.
2139 Section 48. Section 1002.79, Florida Statutes, is amended
2140 to read:
2141 1002.79 Rulemaking authority.—The State Board of Education
2142 Office of Early Learning shall adopt rules under ss. 120.536(1)
2143 and 120.54 to administer the provisions of this part conferring
2144 duties upon the department office.
2145 Section 49. Section 1002.81, Florida Statutes, is reordered
2146 amended to read:
2147 1002.81 Definitions.—Consistent with the requirements of 45
2148 C.F.R. parts 98 and 99 and as used in this part, the term:
2149 (1) “At-risk child” means:
2150 (a) A child from a family under investigation by the
2151 Department of Children and Families or a designated sheriff’s
2152 office for child abuse, neglect, abandonment, or exploitation.
2153 (b) A child who is in a diversion program provided by the
2154 Department of Children and Families or its contracted provider
2155 and who is from a family that is actively participating and
2156 complying in department-prescribed activities, including
2157 education, health services, or work.
2158 (c) A child from a family that is under supervision by the
2159 Department of Children and Families or a contracted service
2160 provider for abuse, neglect, abandonment, or exploitation.
2161 (d) A child placed in court-ordered, long-term custody or
2162 under the guardianship of a relative or nonrelative after
2163 termination of supervision by the Department of Children and
2164 Families or its contracted provider.
2165 (e) A child in the custody of a parent who is considered a
2166 victim of domestic violence and is receiving services through a
2167 certified domestic violence center.
2168 (f) A child in the custody of a parent who is considered
2169 homeless as verified by a Department of Children and Families
2170 certified homeless shelter.
2171 (2) “Authorized hours of care” means the hours of care that
2172 are necessary to provide protection, maintain employment, or
2173 complete work activities or eligible educational activities,
2174 including reasonable travel time.
2175 (12)(3) “Prevailing Average market rate” means the
2176 biennially determined 75th percentile of a reasonable frequency
2177 distribution average of the market rate by program care level
2178 and provider type in a predetermined geographic market at which
2179 child care providers charge a person for child care services.
2180 (3)(4) “Direct enhancement services” means services for
2181 families and children that are in addition to payments for the
2182 placement of children in the school readiness program. Direct
2183 enhancement services for families and children may include
2184 supports for providers, parent training and involvement
2185 activities, and strategies to meet the needs of unique
2186 populations and local eligibility priorities. Direct enhancement
2187 services offered by an early learning coalition shall be
2188 consistent with the activities prescribed in s. 1002.89(5)(b) s.
2189 1002.89(6)(b).
2190 (4)(5) “Disenrollment” means the removal, either temporary
2191 or permanent, of a child from participation in the school
2192 readiness program. Removal of a child from the school readiness
2193 program may be based on the following events: a reduction in
2194 available school readiness program funding, participant’s
2195 failure to meet eligibility or program participation
2196 requirements, fraud, or a change in local service priorities.
2197 (5)(6) “Earned income” means gross remuneration derived
2198 from work, professional service, or self-employment. The term
2199 includes commissions, bonuses, back pay awards, and the cash
2200 value of all remuneration paid in a medium other than cash.
2201 (6)(7) “Economically disadvantaged” means having a family
2202 income that does not exceed 150 percent of the federal poverty
2203 level and includes being a child of a working migratory family
2204 as defined by 34 C.F.R. s. 200.81(d) or (f) or an agricultural
2205 worker who is employed by more than one agricultural employer
2206 during the course of a year, and whose income varies according
2207 to weather conditions and market stability.
2208 (7)(8) “Family income” means the combined gross income,
2209 whether earned or unearned, that is derived from any source by
2210 all family or household members who are 18 years of age or older
2211 who are currently residing together in the same dwelling unit.
2212 The term does not include income earned by a currently enrolled
2213 high school student who, since attaining the age of 18 years, or
2214 a student with a disability who, since attaining the age of 22
2215 years, has not terminated school enrollment or received a high
2216 school diploma, high school equivalency diploma, special
2217 diploma, or certificate of high school completion. The term also
2218 does not include food stamp benefits or federal housing
2219 assistance payments issued directly to a landlord or the
2220 associated utilities expenses.
2221 (8)(9) “Family or household members” means spouses, former
2222 spouses, persons related by blood or marriage, persons who are
2223 parents of a child in common regardless of whether they have
2224 been married, and other persons who are currently residing
2225 together in the same dwelling unit as if a family.
2226 (9)(10) “Full-time care” means at least 6 hours, but not
2227 more than 11 hours, of child care or early childhood education
2228 services within a 24-hour period.
2229 (10)(11) “Market rate” means the price that a child care or
2230 early childhood education provider charges for full-time or
2231 part-time daily, weekly, or monthly child care or early
2232 childhood education services.
2233 (12) “Office” means the Office of Early Learning of the
2234 Department of Education.
2235 (11)(13) “Part-time care” means less than 6 hours of child
2236 care or early childhood education services within a 24-hour
2237 period.
2238 (13)(14) “Single point of entry” means an integrated
2239 information system that allows a parent to enroll his or her
2240 child in the school readiness program or the Voluntary
2241 Prekindergarten Education Program at various locations
2242 throughout a county, that may allow a parent to enroll his or
2243 her child by telephone or through a website, and that uses a
2244 uniform waiting list to track eligible children waiting for
2245 enrollment in the school readiness program.
2246 (14)(15) “Unearned income” means income other than earned
2247 income. The term includes, but is not limited to:
2248 (a) Documented alimony and child support received.
2249 (b) Social security benefits.
2250 (c) Supplemental security income benefits.
2251 (d) Workers’ compensation benefits.
2252 (e) Reemployment assistance or unemployment compensation
2253 benefits.
2254 (f) Veterans’ benefits.
2255 (g) Retirement benefits.
2256 (h) Temporary cash assistance under chapter 414.
2257 (15)(16) “Working family” means:
2258 (a) A single-parent family in which the parent with whom
2259 the child resides is employed or engaged in eligible work or
2260 education activities for at least 20 hours per week;
2261 (b) A two-parent family in which both parents with whom the
2262 child resides are employed or engaged in eligible work or
2263 education activities for a combined total of at least 40 hours
2264 per week; or
2265 (c) A two-parent family in which one of the parents with
2266 whom the child resides is exempt from work requirements due to
2267 age or disability, as determined and documented by a physician
2268 licensed under chapter 458 or chapter 459, and one parent is
2269 employed or engaged in eligible work or education activities at
2270 least 20 hours per week.
2271 Section 50. Section 1002.82, Florida Statutes, is amended
2272 to read:
2273 1002.82 Department of Education Office of Early Learning;
2274 powers and duties.—
2275 (1) For purposes of administration of the Child Care and
2276 Development Block Grant Trust Fund, pursuant to 45 C.F.R. parts
2277 98 and 99, the Department of Education Office of Early Learning
2278 is designated as the lead agency and must comply with lead
2279 agency responsibilities pursuant to federal law. The department
2280 office may apply to the Governor and Cabinet for a waiver of,
2281 and the Governor and Cabinet may waive, any provision of ss.
2282 411.223 and 1003.54 if the waiver is necessary for
2283 implementation of the school readiness program. Section
2284 125.901(2)(a)3. does not apply to the school readiness program.
2285 (2) The department office shall:
2286 (a) Focus on improving the educational quality delivered by
2287 all providers participating in the school readiness program.
2288 (b) Preserve parental choice by permitting parents to
2289 choose from a variety of child care categories, including
2290 center-based care, family child care, and informal child care to
2291 the extent authorized in the state’s Child Care and Development
2292 Fund Plan as approved by the United States Department of Health
2293 and Human Services pursuant to 45 C.F.R. s. 98.18. Care and
2294 curriculum by a faith-based provider may not be limited or
2295 excluded in any of these categories.
2296 (c) Be responsible for the prudent use of all public and
2297 private funds in accordance with all legal and contractual
2298 requirements, safeguarding the effective use of federal, state,
2299 and local resources to achieve the highest practicable level of
2300 school readiness for the children described in s. 1002.87,
2301 including:
2302 1. The adoption of a uniform chart of accounts for
2303 budgeting and financial reporting purposes that provides
2304 standardized definitions for expenditures and reporting,
2305 consistent with the requirements of 45 C.F.R. part 98 and s.
2306 1002.89 for each of the following categories of expenditure:
2307 a. Direct services to children.
2308 b. Administrative costs.
2309 c. Quality activities.
2310 d. Nondirect services.
2311 2. Coordination with other state and federal agencies to
2312 perform data matches on children participating in the school
2313 readiness program and their families in order to verify the
2314 children’s eligibility pursuant to s. 1002.87.
2315 (d) Establish procedures for the biennial calculation of
2316 the prevailing average market rate.
2317 (e) Review each early learning coalition’s school readiness
2318 program plan every 2 years and provide final approval of the
2319 plan and any amendments submitted.
2320 (f) Establish a unified approach to the state’s efforts to
2321 coordinate a comprehensive early learning program. In support of
2322 this effort, the department office:
2323 1. Shall adopt specific program support services that
2324 address the state’s school readiness program, including:
2325 a. Statewide data information program requirements that
2326 include:
2327 (I) Eligibility requirements.
2328 (II) Financial reports.
2329 (III) Program accountability measures.
2330 (IV) Child progress reports.
2331 b. Child care resource and referral services.
2332 c. A single point of entry and uniform waiting list.
2333 2. May provide technical assistance and guidance on
2334 additional support services to complement the school readiness
2335 program, including:
2336 a. Rating and improvement systems.
2337 a.b. Warm-Line services.
2338 b.c. Anti-fraud plans.
2339 d. School readiness program standards.
2340 e. Child screening and assessments.
2341 c.f. Training and support for parental involvement in
2342 children’s early education.
2343 d.g. Family literacy activities and services.
2344 (g) Provide technical assistance to early learning
2345 coalitions.
2346 (h) In cooperation with the early learning coalitions,
2347 coordinate with the Child Care Services Program Office of the
2348 Department of Children and Families to reduce paperwork and to
2349 avoid duplicating interagency activities, health and safety
2350 monitoring, and acquiring and composing data pertaining to child
2351 care training and credentialing.
2352 (i) Enter into a memorandum of understanding with local
2353 licensing agencies and the Child Care Services Program Office of
2354 the Department of Children and Families for inspections of
2355 school readiness program providers to monitor and verify
2356 compliance with s. 1002.88 and the health and safety checklist
2357 adopted by the department office. The provider contract of a
2358 school readiness program provider that refuses permission for
2359 entry or inspection shall be terminated. The health and safety
2360 checklist may not exceed the requirements of s. 402.305 and the
2361 Child Care and Development Fund pursuant to 45 C.F.R. part 98. A
2362 child development program that is accredited by a national
2363 accrediting body and operates on a military installation that is
2364 certified by the United States Department of Defense is exempted
2365 from the inspection requirements under s. 1002.88.
2366 (j) Monitor the alignment and consistency of the Develop
2367 and adopt standards and benchmarks developed and adopted by the
2368 department that address the age-appropriate progress of children
2369 in the development of school readiness skills. The standards for
2370 children from birth to 5 years of age in the school readiness
2371 program must be aligned with the performance standards adopted
2372 for children in the Voluntary Prekindergarten Education Program
2373 and must address the following domains:
2374 1. Approaches to learning.
2375 2. Cognitive development and general knowledge.
2376 3. Numeracy, language, and communication.
2377 4. Physical development.
2378 5. Self-regulation.
2379 (k) Identify observation-based child assessments that are
2380 valid, reliable, and developmentally appropriate for use at
2381 least three times a year. The assessments must:
2382 1. Provide interval level and norm-referenced criterion
2383 referenced data that measures equivalent levels of growth across
2384 the core domains of early childhood development and that can be
2385 used for determining developmentally appropriate learning gains.
2386 2. Measure progress in the performance standards adopted
2387 pursuant to paragraph (j).
2388 3. Provide for appropriate accommodations for children with
2389 disabilities and English language learners and be administered
2390 by qualified individuals, consistent with the developer’s
2391 instructions.
2392 4. Coordinate with the performance standards adopted by the
2393 department under s. 1002.67(1) for the Voluntary Prekindergarten
2394 Education Program.
2395 5. Provide data in a format for use in the single statewide
2396 information system to meet the requirements of paragraph (q)
2397 (p).
2398 (l) Adopt a list of approved curricula that meet the
2399 performance standards for the school readiness program and
2400 establish a process for the review and approval of a provider’s
2401 curriculum that meets the performance standards.
2402 (m) Provide technical support to an early learning
2403 coalition to facilitate the use of Adopt by rule a standard
2404 statewide provider contract to be used with each school
2405 readiness program provider, with standardized attachments by
2406 provider type. The department office shall publish a copy of the
2407 standard statewide provider contract on its website. The
2408 standard statewide contract shall include, at a minimum,
2409 contracted slots, if applicable, in accordance with the Child
2410 Care and Development Block Grant Act of 2014, 45 C.F.R. parts 98
2411 and 99; quality improvement strategies, if applicable; program
2412 assessment requirements; and provisions for provider probation,
2413 termination for cause, and emergency termination for those
2414 actions or inactions of a provider that pose an immediate and
2415 serious danger to the health, safety, or welfare of the
2416 children. The standard statewide provider contract shall also
2417 include appropriate due process procedures. During the pendency
2418 of an appeal of a termination, the provider may not continue to
2419 offer its services. Any provision imposed upon a provider that
2420 is inconsistent with, or prohibited by, law is void and
2421 unenforceable. Provisions for termination for cause must also
2422 include failure to meet the minimum quality measures established
2423 under paragraph (n) for a period of up to 5 years, unless the
2424 coalition determines that the provider is essential to meeting
2425 capacity needs based on the assessment under s. 1002.85(2)(j)
2426 and the provider has an active improvement plan pursuant to
2427 paragraph (n).
2428 (n) Adopt a program assessment for school readiness program
2429 providers that measures the quality of teacher-child
2430 interactions, including emotional and behavioral support,
2431 engaged support for learning, classroom organization, and
2432 instructional support for children ages birth to 5 years. The
2433 implementation of the program assessment must also include the
2434 following components adopted by rule of the State Board of
2435 Education:
2436 1. Quality measures, including a minimum program assessment
2437 composite score threshold for contracting purposes and program
2438 improvement through an improvement plan. The minimum program
2439 assessment composite score required for the Voluntary
2440 Prekindergarten Education Program contracting threshold must be
2441 the same as the minimum program assessment composite score
2442 required for contracting for the school readiness program. The
2443 methodology for the calculation of the minimum program
2444 assessment composite score shall be reviewed by the independent
2445 expert identified in s. 1002.68(4)(d).
2446 2. Requirements for program participation, frequency of
2447 program assessment, and exemptions.
2448 (o) No later than July 1, 2019, develop a differential
2449 payment program based on the quality measures adopted by the
2450 department office under paragraph (n). The differential payment
2451 may not exceed a total of 15 percent for each care level and
2452 unit of child care for a child care provider. No more than 5
2453 percent of the 15 percent total differential may be provided to
2454 providers who submit valid and reliable data to the statewide
2455 information system in the domains of language and executive
2456 functioning using a child assessment identified pursuant to
2457 paragraph (k). Providers below the minimum program assessment
2458 score adopted threshold for contracting purposes are ineligible
2459 for such payment.
2460 (p) No later than July 1, 2021, develop and adopt
2461 requirements for the implementation of a program designed to
2462 make available contracted slots to serve children at the
2463 greatest risk of school failure as determined by such children
2464 being located in an area that has been designated as a poverty
2465 area tract according to the latest census data. The contracted
2466 slot program may also be used to increase the availability of
2467 child care capacity based on the assessment under s.
2468 1002.85(2)(j).
2469 (q)(p) Establish a single statewide information system that
2470 each coalition must use for the purposes of managing the single
2471 point of entry, tracking children’s progress, coordinating
2472 services among stakeholders, determining eligibility of
2473 children, tracking child attendance, and streamlining
2474 administrative processes for providers and early learning
2475 coalitions. By July 1, 2019, the system, subject to ss. 1002.72
2476 and 1002.97, shall:
2477 1. Allow a parent to monitor the development of his or her
2478 child as the child moves among programs within the state.
2479 2. Enable analysis at the state, regional, and local level
2480 to measure child growth over time, program impact, and quality
2481 improvement and investment decisions.
2482 (r)(q) Provide technical support to coalitions to
2483 facilitate the use of Adopt by rule standardized procedures
2484 adopted in state board rule for early learning coalitions to use
2485 when monitoring the compliance of school readiness program
2486 providers with the terms of the standard statewide provider
2487 contract.
2488 (s)(r) At least biennially, provide fiscal and programmatic
2489 monitoring to Monitor and evaluate the performance of each early
2490 learning coalition in administering the school readiness
2491 program, ensuring proper payments for school readiness program
2492 services, implementing the coalition’s school readiness program
2493 plan, and administering the Voluntary Prekindergarten Education
2494 Program. These monitoring and performance evaluations must
2495 include, at a minimum, onsite monitoring of each coalition’s
2496 finances, management, operations, and programs.
2497 (t)(s) Work in conjunction with the Bureau of Federal
2498 Education Programs within the Department of Education to
2499 coordinate readiness and voluntary prekindergarten services to
2500 the populations served by the bureau.
2501 (u)(t) Administer a statewide toll-free Warm-Line to
2502 provide assistance and consultation to child care facilities and
2503 family day care homes regarding health, developmental,
2504 disability, and special needs issues of the children they are
2505 serving, particularly children with disabilities and other
2506 special needs. The department office shall:
2507 1. Annually inform child care facilities and family day
2508 care homes of the availability of this service through the child
2509 care resource and referral network under s. 1002.92.
2510 2. Expand or contract for the expansion of the Warm-Line to
2511 maintain at least one Warm-Line in each early learning coalition
2512 service area.
2513 (v)(u) Develop and implement strategies to increase the
2514 supply and improve the quality of child care services for
2515 infants and toddlers, children with disabilities, children who
2516 receive care during nontraditional hours, children in
2517 underserved areas, and children in areas that have significant
2518 concentrations of poverty and unemployment.
2519 (w)(v) Establish preservice and inservice training
2520 requirements that address, at a minimum, school readiness child
2521 development standards, health and safety requirements, and
2522 social-emotional behavior intervention models, which may include
2523 positive behavior intervention and support models, including the
2524 integration of early learning professional development pathways
2525 established in s. 1002.995.
2526 (x)(w) Establish standards for emergency preparedness plans
2527 for school readiness program providers.
2528 (y)(x) Establish group sizes.
2529 (z)(y) Establish staff-to-children ratios that do not
2530 exceed the requirements of s. 402.302(8) or (11) or s.
2531 402.305(4), as applicable, for school readiness program
2532 providers.
2533 (aa)(z) Establish eligibility criteria, including
2534 limitations based on income and family assets, in accordance
2535 with s. 1002.87 and federal law.
2536 (3)(a) The department shall adopt performance standards and
2537 outcome measures for early learning coalitions that, at a
2538 minimum, include the development of objective customer service
2539 surveys that shall be deployed to:
2540 1. Customers who use the services in s. 1002.92 upon the
2541 completion of a referral inquiry.
2542 2. Annually to parents at the time of eligibility
2543 determination.
2544 3. Child care providers that participate in the school
2545 readiness program or the Voluntary Prekindergarten Education
2546 Program at the time of execution of the statewide provider
2547 contract.
2548 4. Board members required under s. 1002.83.
2549 (b) Results of the survey shall be based on a statistically
2550 significant sample size and calculated annually for each early
2551 learning coalition and included in the department’s annual
2552 report published under subsection (7). If an early learning
2553 coalition’s customer satisfaction survey results are below 60
2554 percent, the coalition shall be placed on a 1-year corrective
2555 action plan. If, after being placed on corrective action, an
2556 early learning coalition’s customer satisfaction survey results
2557 do not improve above the 60 percent threshold, the department
2558 may contract out or merge the coalition.
2559 (4)(3) If the department office determines during the
2560 review of school readiness program plans, or through monitoring
2561 and performance evaluations conducted under s. 1002.85, that an
2562 early learning coalition has not substantially implemented its
2563 plan, has not substantially met the performance standards and
2564 outcome measures adopted by the department office, or has not
2565 effectively administered the school readiness program or
2566 Voluntary Prekindergarten Education Program, the department
2567 office may remove the coalition from eligibility to administer
2568 early learning programs and temporarily contract with a
2569 qualified entity to continue school readiness program and
2570 prekindergarten services in the coalition’s county or
2571 multicounty region until the department office reestablishes or
2572 merges the coalition and a new school readiness program plan is
2573 approved in accordance with the rules adopted by the state board
2574 office.
2575 (5) The department shall adopt procedures for merging early
2576 learning coalitions for failure to meet the requirements of
2577 subsection (3) or subsection (4), including procedures for the
2578 consolidation of merging coalitions that minimizes duplication
2579 of programs and services due to the merger, and for the early
2580 termination of the terms of the coalition members which are
2581 necessary to accomplish the mergers.
2582 (6)(4) The department office may request the Governor to
2583 apply for a waiver to allow a coalition to administer the Head
2584 Start Program to accomplish the purposes of the school readiness
2585 program.
2586 (7)(5) By January 1 of each year, the department office
2587 shall annually publish on its website a report of its activities
2588 conducted under this section. The report must include a summary
2589 of the coalitions’ annual reports, a statewide summary, and the
2590 following:
2591 (a) An analysis of early learning activities throughout the
2592 state, including the school readiness program and the Voluntary
2593 Prekindergarten Education Program.
2594 1. The total and average number of children served in the
2595 school readiness program, enumerated by age, eligibility
2596 priority category, and coalition, and the total number of
2597 children served in the Voluntary Prekindergarten Education
2598 Program.
2599 2. A summary of expenditures by coalition, by fund source,
2600 including a breakdown by coalition of the percentage of
2601 expenditures for administrative activities, quality activities,
2602 nondirect services, and direct services for children.
2603 3. A description of the department’s office’s and each
2604 coalition’s expenditures by fund source for the quality and
2605 enhancement activities described in s. 1002.89(5)(b) s.
2606 1002.89(6)(b).
2607 4. A summary of annual findings and collections related to
2608 provider fraud and parent fraud.
2609 5. Data regarding the coalitions’ delivery of early
2610 learning programs.
2611 6. The total number of children disenrolled statewide and
2612 the reason for disenrollment.
2613 7. The total number of providers by provider type.
2614 8. The number of school readiness program providers who
2615 have completed the program assessment required under paragraph
2616 (2)(n); the number of providers who have not met the minimum
2617 program assessment composite score threshold for contracting
2618 established under paragraph (2)(n); and the number of providers
2619 that have an active improvement plan based on the results of the
2620 program assessment under paragraph (2)(n).
2621 9. The total number of provider contracts revoked and the
2622 reasons for revocation.
2623 (b) A detailed summary of the analysis compiled using the
2624 single statewide information system established in subsection
2625 (2) activities and detailed expenditures related to the Child
2626 Care Executive Partnership Program.
2627 (8)(a)(6)(a) Parental choice of child care providers,
2628 including private and faith-based providers, shall be
2629 established to the maximum extent practicable in accordance with
2630 45 C.F.R. s. 98.30.
2631 (b) As used in this subsection, the term “payment
2632 certificate” means a child care certificate as defined in 45
2633 C.F.R. s. 98.2.
2634 (c) The school readiness program shall, in accordance with
2635 45 C.F.R. s. 98.30, provide parental choice through a payment
2636 certificate that provides, to the maximum extent possible,
2637 flexibility in the school readiness program and payment
2638 arrangements. The payment certificate must bear the names of the
2639 beneficiary and the program provider and, when redeemed, must
2640 bear the signatures of both the beneficiary and an authorized
2641 representative of the provider.
2642 (d) If it is determined that a provider has given any cash
2643 or other consideration to the beneficiary in return for
2644 receiving a payment certificate, the early learning coalition or
2645 its fiscal agent shall refer the matter to the Department of
2646 Financial Services pursuant to s. 414.411 for investigation.
2647 (9)(7) Participation in the school readiness program does
2648 not expand the regulatory authority of the state, its officers,
2649 or an early learning coalition to impose any additional
2650 regulation on providers beyond those necessary to enforce the
2651 requirements set forth in this part and part V of this chapter.
2652 Section 51. Present subsections (5) through (14) of section
2653 1002.83, Florida Statutes, are redesignated as subsections (6)
2654 through (15), respectively, a new subsection (5) is added to
2655 that section, and subsections (1) and (3), paragraphs (e), (f),
2656 and (m) of subsection (4), and present subsections (5), (11),
2657 and (13) are amended, to read:
2658 1002.83 Early learning coalitions.—
2659 (1) Thirty Thirty-one or fewer early learning coalitions
2660 are established and shall maintain direct enhancement services
2661 at the local level and provide access to such services in all 67
2662 counties. Two or more early learning coalitions may join for
2663 purposes of planning and implementing a school readiness program
2664 and the Voluntary Prekindergarten Education Program.
2665 (3) The Governor shall appoint the chair and two other
2666 members of each early learning coalition, who must each meet the
2667 same qualifications of a as private sector business member
2668 members appointed by the coalition under subsection (6) (5). In
2669 the absence of a governor-appointed chair, the Commissioner of
2670 Education may appoint an interim chair from the current early
2671 learning coalition board membership.
2672 (4) Each early learning coalition must include the
2673 following member positions; however, in a multicounty coalition,
2674 each ex officio member position may be filled by multiple
2675 nonvoting members but no more than one voting member shall be
2676 seated per member position. If an early learning coalition has
2677 more than one member representing the same entity, only one of
2678 such members may serve as a voting member:
2679 (e) A children’s services council or juvenile welfare board
2680 chair or executive director from each county, if applicable.
2681 (f) A Department of Children and Families child care
2682 regulation representative or an agency head of a local licensing
2683 agency as defined in s. 402.302, where applicable.
2684 (m) A central agency administrator, where applicable.
2685 (5) If members of the board are found to be
2686 nonparticipating according to the early learning coalition
2687 bylaws, the early learning coalition may request an alternate
2688 designee who meets the same qualifications or membership
2689 requirements of the nonparticipating member.
2690 (6)(5) The early learning coalition may appoint additional
2691 Including the members who appointed by the Governor under
2692 subsection (3), more than one-third of the members of each early
2693 learning coalition must be private sector business members,
2694 either for-profit or nonprofit, who do not have, and none of
2695 whose relatives as defined in s. 112.3143 has, a substantial
2696 financial interest in the design or delivery of the Voluntary
2697 Prekindergarten Education Program created under part V of this
2698 chapter or the school readiness program. To meet this
2699 requirement, an early learning coalition must appoint additional
2700 members. The department office shall establish criteria for
2701 appointing private sector business members. These criteria must
2702 include standards for determining whether a member or relative
2703 has a substantial financial interest in the design or delivery
2704 of the Voluntary Prekindergarten Education Program or the school
2705 readiness program.
2706 (12)(11) Each early learning coalition shall establish
2707 terms for all appointed members of the coalition. The terms must
2708 be staggered and must be a uniform length that does not exceed 4
2709 years per term. Coalition chairs shall be appointed for 4 years
2710 in conjunction with their membership on the Early Learning
2711 Advisory Council pursuant to s. 20.052. Appointed members may
2712 serve a maximum of two consecutive terms. When a vacancy occurs
2713 in an appointed position, the coalition must advertise the
2714 vacancy.
2715 (14)(13) Each early learning coalition shall complete an
2716 annual evaluation of the early learning coalition’s executive
2717 director or chief executive officer on forms adopted by the
2718 department. The annual evaluation must be submitted to the
2719 commissioner by June 30 of each year use a coordinated
2720 professional development system that supports the achievement
2721 and maintenance of core competencies by school readiness program
2722 teachers in helping children attain the performance standards
2723 adopted by the office.
2724 Section 52. Present subsections (7) through (20) of section
2725 1002.84, Florida Statutes, are redesignated as subsections (8)
2726 through (21), respectively, a new subsection (7) is added to
2727 that section, and subsections (1), (2), and (4) and present
2728 subsections (7), (8), (15), (16), (17), (18), and (20) of that
2729 section are amended, to read:
2730 1002.84 Early learning coalitions; school readiness powers
2731 and duties.—Each early learning coalition shall:
2732 (1) Administer and implement a local comprehensive program
2733 of school readiness program services in accordance with this
2734 part and the rules adopted by the department office, which
2735 enhances the cognitive, social, and physical development of
2736 children to achieve the performance standards.
2737 (2) Establish a uniform waiting list to track eligible
2738 children waiting for enrollment in the school readiness program
2739 in accordance with rules adopted by the State Board of Education
2740 office.
2741 (4) Establish a regional Warm-Line as directed by the
2742 department office pursuant to s. 1002.82(2)(u) s. 1002.82(2)(t).
2743 Regional Warm-Line staff shall provide onsite technical
2744 assistance, when requested, to assist child care facilities and
2745 family day care homes with inquiries relating to the strategies,
2746 curriculum, and environmental adaptations the child care
2747 facilities and family day care homes may need as they serve
2748 children with disabilities and other special needs.
2749 (7) Use a coordinated professional development system that
2750 supports the achievement and maintenance of core competencies by
2751 school readiness program teachers in helping children attain the
2752 performance standards adopted by the department.
2753 (8)(7) Determine child eligibility pursuant to s. 1002.87
2754 and provider eligibility pursuant to s. 1002.88. Child
2755 eligibility must be redetermined annually. A coalition must
2756 document the reason a child is no longer eligible for the school
2757 readiness program according to the standard codes prescribed by
2758 the department office.
2759 (9)(8) Establish a parent sliding fee scale that provides
2760 for a parent copayment that is not a barrier to families
2761 receiving school readiness program services. Providers are
2762 required to collect the parent’s copayment. A coalition may, on
2763 a case-by-case basis, waive the copayment for an at-risk child
2764 or temporarily waive the copayment for a child whose family’s
2765 income is at or below the federal poverty level or and whose
2766 family experiences a natural disaster or an event that limits
2767 the parent’s ability to pay, such as incarceration, placement in
2768 residential treatment, or becoming homeless, or an emergency
2769 situation such as a household fire or burglary, or while the
2770 parent is participating in parenting classes or participating in
2771 an Early Head Start program or Head Start Program. A parent may
2772 not transfer school readiness program services to another school
2773 readiness program provider until the parent has submitted
2774 documentation from the current school readiness program provider
2775 to the early learning coalition stating that the parent has
2776 satisfactorily fulfilled the copayment obligation.
2777 (16)(15) Monitor school readiness program providers in
2778 accordance with its plan, or in response to a parental
2779 complaint, to verify that the standards prescribed in ss.
2780 1002.82 and 1002.88 are being met using a standard monitoring
2781 tool adopted by the department office. Providers determined to
2782 be high-risk by the coalition, as demonstrated by substantial
2783 findings of violations of federal law or the general or local
2784 laws of the state, shall be monitored more frequently. Providers
2785 with 3 consecutive years of compliance may be monitored
2786 biennially.
2787 (17)(16) Adopt a payment schedule that encompasses all
2788 programs funded under this part and part V of this chapter. The
2789 payment schedule must take into consideration the prevailing
2790 average market rate, include the projected number of children to
2791 be served, and be submitted for approval by the department
2792 office. Informal child care arrangements shall be reimbursed at
2793 not more than 50 percent of the rate adopted for a family day
2794 care home.
2795 (18)(17) Implement an anti-fraud plan addressing the
2796 detection, reporting, and prevention of overpayments, abuse, and
2797 fraud relating to the provision of and payment for school
2798 readiness program and Voluntary Prekindergarten Education
2799 Program services and submit the plan to the department office
2800 for approval, as required by s. 1002.91.
2801 (19)(18) By October 1 of each year, submit an annual report
2802 to the department office. The report shall conform to the format
2803 adopted by the department office and must include:
2804 (a) Segregation of school readiness program funds,
2805 Voluntary Prekindergarten Education Program funds, Child Care
2806 Executive Partnership Program funds, and other local revenues
2807 available to the coalition.
2808 (b) Details of expenditures by fund source, including total
2809 expenditures for administrative activities, quality activities,
2810 nondirect services, and direct services for children.
2811 (c) The total number of coalition staff and the related
2812 expenditures for salaries and benefits. For any subcontracts,
2813 the total number of contracted staff and the related
2814 expenditures for salaries and benefits must be included.
2815 (d) The number of children served in the school readiness
2816 program, by provider type, enumerated by age and eligibility
2817 priority category, reported as the number of children served
2818 during the month, the average participation throughout the
2819 month, and the number of children served during the month.
2820 (e) The total number of children disenrolled during the
2821 year and the reasons for disenrollment.
2822 (f) The total number of providers by provider type.
2823 (g) A listing of any school readiness program provider, by
2824 type, whose eligibility to deliver the school readiness program
2825 is revoked, including a brief description of the state or
2826 federal violation that resulted in the revocation.
2827 (h) An evaluation of its direct enhancement services.
2828 (i) The total number of children served in each provider
2829 facility.
2830 (21)(a)(20) To increase transparency and accountability,
2831 comply with the requirements of this section before contracting
2832 with one or more of the following persons or business entities
2833 which employs, has a contractual relationship with, or is owned
2834 by the following persons:
2835 1. A member of the coalition appointed pursuant to s.
2836 1002.83(4);
2837 2. A board member of any other early learning subrecipient
2838 entity;
2839 3. A coalition employee; or
2840 4. A relative, as defined in s. 112.3143(1)(c), of any
2841 person listed in subparagraphs 1.-3 a coalition member or of an
2842 employee of the coalition.
2843 (b) Such contracts may not be executed without the approval
2844 of the department office. Such contracts, as well as
2845 documentation demonstrating adherence to this section by the
2846 coalition, must be approved by a two-thirds vote of the
2847 coalition, a quorum having been established; all conflicts of
2848 interest must be disclosed before the vote; and any member who
2849 may benefit from the contract, or whose relative may benefit
2850 from the contract, must abstain from the vote. A contract under
2851 $25,000 between an early learning coalition and a member of that
2852 coalition or between a relative, as defined in s.
2853 112.3143(1)(c), of a coalition member or of an employee of the
2854 coalition is not required to have the prior approval of the
2855 department office but must be approved by a two-thirds vote of
2856 the coalition, a quorum having been established, and must be
2857 reported to the department office within 30 days after approval.
2858 If a contract cannot be approved by the department office, a
2859 review of the decision to disapprove the contract may be
2860 requested by the early learning coalition or other parties to
2861 the disapproved contract.
2862 Section 53. Section 1002.85, Florida Statutes, is amended
2863 to read:
2864 1002.85 Early learning coalition plans.—
2865 (1) The department office shall adopt rules prescribing the
2866 standardized format and required content of school readiness
2867 program plans as necessary for a coalition or other qualified
2868 entity to administer the school readiness program as provided in
2869 this part.
2870 (2) Each early learning coalition must biennially submit a
2871 school readiness program plan to the department office before
2872 the expenditure of funds. A coalition may not implement its
2873 school readiness program plan until it receives approval from
2874 the department office. A coalition may not implement any
2875 revision to its school readiness program plan until the
2876 coalition submits the revised plan to and receives approval from
2877 the department office. If the department office rejects a plan
2878 or revision, the coalition must continue to operate under its
2879 previously approved plan. The plan must include, but is not
2880 limited to:
2881 (a) The coalition’s operations, including its membership
2882 and business organization, and the coalition’s articles of
2883 incorporation and bylaws if the coalition is organized as a
2884 corporation. If the coalition is not organized as a corporation
2885 or other business entity, the plan must include the contract
2886 with a fiscal agent.
2887 (b) The minimum number of children to be served by care
2888 level.
2889 (c) The coalition’s procedures for implementing the
2890 requirements of this part, including:
2891 1. Single point of entry.
2892 2. Uniform waiting list.
2893 3. Eligibility and enrollment processes and local
2894 eligibility priorities for children pursuant to s. 1002.87.
2895 4. Parent access and choice.
2896 5. Sliding fee scale and policies on applying the waiver or
2897 reduction of fees in accordance with s. 1002.84(9) s.
2898 1002.84(8).
2899 6. Use of preassessments and postassessments, as
2900 applicable.
2901 7. Payment rate schedule.
2902 8. Use of contracted slots, as applicable, based on the
2903 results of the assessment required under paragraph (j).
2904 (d) A detailed description of the coalition’s quality
2905 activities and services, including, but not limited to:
2906 1. Resource and referral and school-age child care.
2907 2. Infant and toddler early learning.
2908 3. Inclusive early learning programs.
2909 4. Quality improvement strategies that strengthen teaching
2910 practices and increase child outcomes.
2911 (e) A detailed budget that outlines estimated expenditures
2912 for state, federal, and local matching funds at the lowest level
2913 of detail available by other-cost-accumulator code number; all
2914 estimated sources of revenue with identifiable descriptions; a
2915 listing of full-time equivalent positions; contracted
2916 subcontractor costs with related annual compensation amount or
2917 hourly rate of compensation; and a capital improvements plan
2918 outlining existing fixed capital outlay projects and proposed
2919 capital outlay projects that will begin during the budget year.
2920 (f) A detailed accounting, in the format prescribed by the
2921 department office, of all revenues and expenditures during the
2922 previous state fiscal year. Revenue sources should be
2923 identifiable, and expenditures should be reported by two three
2924 categories: state and federal funds and, local matching funds,
2925 and Child Care Executive Partnership Program funds.
2926 (g) Updated policies and procedures, including those
2927 governing procurement, maintenance of tangible personal
2928 property, maintenance of records, information technology
2929 security, and disbursement controls.
2930 (h) A description of the procedures for monitoring school
2931 readiness program providers, including in response to a parental
2932 complaint, to determine that the standards prescribed in ss.
2933 1002.82 and 1002.88 are met using a standard monitoring tool
2934 adopted by the department office. Providers determined to be
2935 high risk by the coalition as demonstrated by substantial
2936 findings of violations of law shall be monitored more
2937 frequently.
2938 (i) Documentation that the coalition has solicited and
2939 considered comments regarding the proposed school readiness
2940 program plan from the local community.
2941 (j) An assessment of local priorities within the county or
2942 multicounty region based on the needs of families and provider
2943 capacity using available community data.
2944 (3) The coalition may periodically amend its plan as
2945 necessary. An amended plan must be submitted to and approved by
2946 the department office before any expenditures are incurred on
2947 the new activities proposed in the amendment.
2948 (4) The department office shall publish a copy of the
2949 standardized format and required content of school readiness
2950 program plans on its website.
2951 (5) The department office shall collect and report data on
2952 coalition delivery of early learning programs. Elements shall
2953 include, but are not limited to, measures related to progress
2954 towards reducing the number of children on the waiting list, the
2955 percentage of children served by the program as compared to the
2956 number of administrative staff and overhead, the percentage of
2957 children served compared to total number of children under the
2958 age of 5 years below 150 percent of the federal poverty level,
2959 provider payment processes, fraud intervention, child attendance
2960 and stability, use of child care resource and referral, and
2961 kindergarten readiness outcomes for children in the Voluntary
2962 Prekindergarten Education Program or the school readiness
2963 program upon entry into kindergarten. The department office
2964 shall request input from the coalitions and school readiness
2965 program providers before finalizing the format and data to be
2966 used. The report shall be implemented beginning July 1, 2014,
2967 and results of the report must be included in the annual report
2968 under s. 1002.82.
2969 Section 54. Paragraphs (a), (b), (c), (e), (f), (m), (n),
2970 (p), and (q) of subsection (1) and subsection (3) of section
2971 1002.88, Florida Statutes, are amended, and paragraph (s) is
2972 added to subsection (1) of that section, to read:
2973 1002.88 School readiness program provider standards;
2974 eligibility to deliver the school readiness program.—
2975 (1) To be eligible to deliver the school readiness program,
2976 a school readiness program provider must:
2977 (a) Be a child care facility licensed under s. 402.305, a
2978 family day care home licensed or registered under s. 402.313, a
2979 large family child care home licensed under s. 402.3131, a
2980 public school or nonpublic school exempt from licensure under s.
2981 402.3025, a faith-based child care provider exempt from
2982 licensure under s. 402.316, a before-school or after-school
2983 program described in s. 402.305(1)(c), a child development
2984 program that is accredited by a national accrediting body and
2985 operates on a military installation that is certified by the
2986 United States Department of Defense, or an informal child care
2987 provider to the extent authorized in the state’s Child Care and
2988 Development Fund Plan as approved by the United States
2989 Department of Health and Human Services pursuant to 45 C.F.R. s.
2990 98.18, or a provider who has been issued a provisional license
2991 pursuant to s. 402.309. A provider may not deliver the program
2992 while holding a probation-status license under s. 402.310.
2993 (b) Provide instruction and activities to enhance the age
2994 appropriate progress of each child in attaining the child
2995 development standards adopted by the department office pursuant
2996 to s. 1002.82(2)(j). A provider should include activities to
2997 foster brain development in infants and toddlers; provide an
2998 environment that is rich in language and music and filled with
2999 objects of various colors, shapes, textures, and sizes to
3000 stimulate visual, tactile, auditory, and linguistic senses; and
3001 include 30 minutes of reading to children each day.
3002 (c) Provide basic health and safety of its premises and
3003 facilities and compliance with requirements for age-appropriate
3004 immunizations of children enrolled in the school readiness
3005 program.
3006 1. For a provider that is licensed, compliance with s.
3007 402.305, s. 402.3131, or s. 402.313 and this subsection, as
3008 verified pursuant to s. 402.311, satisfies this requirement.
3009 2. For a provider that is a registered family day care home
3010 or is not subject to licensure or registration by the Department
3011 of Children and Families, compliance with this subsection, as
3012 verified pursuant to s. 402.311, satisfies this requirement.
3013 Upon verification pursuant to s. 402.311, the provider shall
3014 annually post the health and safety checklist adopted by the
3015 department office prominently on its premises in plain sight for
3016 visitors and parents and shall annually submit the checklist to
3017 its local early learning coalition.
3018 3. For a child development program that is accredited by a
3019 national accrediting body and operates on a military
3020 installation that is certified by the United States Department
3021 of Defense, the submission and verification of annual
3022 inspections pursuant to United States Department of Defense
3023 Instructions 6060.2 and 1402.05 satisfies this requirement.
3024 (e) Employ child care personnel, as defined in s.
3025 402.302(3), who have satisfied the screening requirements of
3026 chapter 402 and fulfilled the training requirements of the
3027 department office.
3028 (f) Implement one of the curricula approved by the
3029 department office that meets the child development standards.
3030 (m) For a provider that is not an informal provider,
3031 maintain general liability insurance and provide the coalition
3032 with written evidence of general liability insurance coverage,
3033 including coverage for transportation of children if school
3034 readiness program children are transported by the provider. A
3035 provider must obtain and retain an insurance policy that
3036 provides a minimum of $100,000 of coverage per occurrence and a
3037 minimum of $300,000 general aggregate coverage. The department
3038 office may authorize lower limits upon request, as appropriate.
3039 A provider must add the coalition as a named certificateholder
3040 and as an additional insured. A provider must provide the
3041 coalition with a minimum of 10 calendar days’ advance written
3042 notice of cancellation of or changes to coverage. The general
3043 liability insurance required by this paragraph must remain in
3044 full force and effect for the entire period of the provider
3045 contract with the coalition.
3046 (n) For a provider that is an informal provider, comply
3047 with the provisions of paragraph (m) or maintain homeowner’s
3048 liability insurance and, if applicable, a business rider. If an
3049 informal provider chooses to maintain a homeowner’s policy, the
3050 provider must obtain and retain a homeowner’s insurance policy
3051 that provides a minimum of $100,000 of coverage per occurrence
3052 and a minimum of $300,000 general aggregate coverage. The
3053 department office may authorize lower limits upon request, as
3054 appropriate. An informal provider must add the coalition as a
3055 named certificateholder and as an additional insured. An
3056 informal provider must provide the coalition with a minimum of
3057 10 calendar days’ advance written notice of cancellation of or
3058 changes to coverage. The general liability insurance required by
3059 this paragraph must remain in full force and effect for the
3060 entire period of the provider’s contract with the coalition.
3061 (p) Notwithstanding paragraph (m), for a provider that is a
3062 state agency or a subdivision thereof, as defined in s.
3063 768.28(2), agree to notify the coalition of any additional
3064 liability coverage maintained by the provider in addition to
3065 that otherwise established under s. 768.28. The provider shall
3066 indemnify the coalition to the extent permitted by s. 768.28.
3067 Notwithstanding paragraph (m), for a child development program
3068 that is accredited by a national accrediting body and operates
3069 on a military installation that is certified by the United
3070 States Department of Defense, the provider may demonstrate
3071 liability coverage by affirming that it is subject to the
3072 Federal Tort Claims Act, 28 U.S.C. ss. 2671 et seq.
3073 (q) Execute the standard statewide provider contract
3074 adopted by the department office.
3075 (s) Collect all parent copayment fees, unless a waiver has
3076 been granted under s. 1002.84(8).
3077 (3) The department office and the coalitions may not:
3078 (a) Impose any requirement on a child care provider or
3079 early childhood education provider that does not deliver
3080 services under the school readiness program or receive state or
3081 federal funds under this part;
3082 (b) Impose any requirement on a school readiness program
3083 provider that exceeds the authority provided under this part or
3084 part V of this chapter or rules adopted pursuant to this part or
3085 part V of this chapter; or
3086 (c) Require a provider to administer a preassessment or
3087 postassessment.
3088 Section 55. Present subsections (3) through (7) of section
3089 1002.89, Florida Statutes, are redesignated as subsections (2)
3090 through (6), respectively, and present subsections (2), (3), and
3091 (6) of that section are amended, to read:
3092 1002.89 School readiness program; funding.—
3093 (2) The office shall administer school readiness program
3094 funds and prepare and submit a unified budget request for the
3095 school readiness program in accordance with chapter 216.
3096 (2)(3) All instructions to early learning coalitions for
3097 administering this section shall emanate from the department
3098 office in accordance with the policies of the Legislature.
3099 (5)(6) Costs shall be kept to the minimum necessary for the
3100 efficient and effective administration of the school readiness
3101 program with the highest priority of expenditure being direct
3102 services for eligible children. However, no more than 5 percent
3103 of the funds described in subsection (4) subsection (5) may be
3104 used for administrative costs and no more than 22 percent of the
3105 funds described in subsection (4) subsection (5) may be used in
3106 any fiscal year for any combination of administrative costs,
3107 quality activities, and nondirect services as follows:
3108 (a) Administrative costs as described in 45 C.F.R. s.
3109 98.52, which shall include monitoring providers using the
3110 standard methodology adopted under s. 1002.82 to improve
3111 compliance with state and federal regulations and law pursuant
3112 to the requirements of the statewide provider contract adopted
3113 under s. 1002.82(2)(m).
3114 (b) Activities to improve the quality of child care as
3115 described in 45 C.F.R. s. 98.51, which shall be limited to the
3116 following:
3117 1. Developing, establishing, expanding, operating, and
3118 coordinating resource and referral programs specifically related
3119 to the provision of comprehensive consumer education to parents
3120 and the public to promote informed child care choices specified
3121 in 45 C.F.R. s. 98.33.
3122 2. Awarding grants and providing financial support to
3123 school readiness program providers and their staff to assist
3124 them in meeting applicable state requirements for the program
3125 assessment required under s. 1002.82(2)(n), child care
3126 performance standards, implementing developmentally appropriate
3127 curricula and related classroom resources that support
3128 curricula, providing literacy supports, and providing continued
3129 professional development and training. Any grants awarded
3130 pursuant to this subparagraph shall comply with ss. 215.971 and
3131 287.058.
3132 3. Providing training, technical assistance, and financial
3133 support to school readiness program providers, staff, and
3134 parents on standards, child screenings, child assessments, child
3135 development research and best practices, developmentally
3136 appropriate curricula, character development, teacher-child
3137 interactions, age-appropriate discipline practices, health and
3138 safety, nutrition, first aid, cardiopulmonary resuscitation, the
3139 recognition of communicable diseases, and child abuse detection,
3140 prevention, and reporting.
3141 4. Providing, from among the funds provided for the
3142 activities described in subparagraphs 1.-3., adequate funding
3143 for infants and toddlers as necessary to meet federal
3144 requirements related to expenditures for quality activities for
3145 infant and toddler care.
3146 5. Improving the monitoring of compliance with, and
3147 enforcement of, applicable state and local requirements as
3148 described in and limited by 45 C.F.R. s. 98.40.
3149 6. Responding to Warm-Line requests by providers and
3150 parents, including providing developmental and health screenings
3151 to school readiness program children.
3152 (c) Nondirect services as described in applicable Office of
3153 Management and Budget instructions are those services not
3154 defined as administrative, direct, or quality services that are
3155 required to administer the school readiness program. Such
3156 services include, but are not limited to:
3157 1. Assisting families to complete the required application
3158 and eligibility documentation.
3159 2. Determining child and family eligibility.
3160 3. Recruiting eligible child care providers.
3161 4. Processing and tracking attendance records.
3162 5. Developing and maintaining a statewide child care
3163 information system.
3164
3165 As used in this paragraph, the term “nondirect services” does
3166 not include payments to school readiness program providers for
3167 direct services provided to children who are eligible under s.
3168 1002.87, administrative costs as described in paragraph (a), or
3169 quality activities as described in paragraph (b).
3170 Section 56. Subsection (1), paragraph (a) of subsection
3171 (2), and subsections (4), (5), and (6) of section 1002.895,
3172 Florida Statutes, are amended to read:
3173 1002.895 Market rate schedule.—The school readiness program
3174 market rate schedule shall be implemented as follows:
3175 (1) The department office shall establish procedures for
3176 the adoption of a market rate schedule. The schedule must
3177 include, at a minimum, county-by-county rates:
3178 (a) The market rate, including the minimum and the maximum
3179 rates for child care providers that hold a Gold Seal Quality
3180 Care designation under s. 1002.945 and adhere to its accrediting
3181 association’s teacher-to-child ratios and group size
3182 requirements s. 402.281.
3183 (b) The market rate for child care providers that do not
3184 hold a Gold Seal Quality Care designation.
3185 (2) The market rate schedule, at a minimum, must:
3186 (a) Differentiate rates by type, including, but not limited
3187 to, a child care provider that holds a Gold Seal Quality Care
3188 designation under s. 1002.945 and adheres to its accrediting
3189 association’s teacher-to-child ratios and group size
3190 requirements s. 402.281, a child care facility licensed under s.
3191 402.305, a public or nonpublic school exempt from licensure
3192 under s. 402.3025, a faith-based child care facility exempt from
3193 licensure under s. 402.316 that does not hold a Gold Seal
3194 Quality Care designation, a large family child care home
3195 licensed under s. 402.3131, or a family day care home licensed
3196 or registered under s. 402.313.
3197 (4) The market rate schedule shall be considered by an
3198 early learning coalition in the adoption of a payment schedule.
3199 The payment schedule must take into consideration the prevailing
3200 average market rate and, include the projected number of
3201 children to be served by each county, and be submitted for
3202 approval by the department office. Informal child care
3203 arrangements shall be reimbursed at not more than 50 percent of
3204 the rate adopted for a family day care home.
3205 (5) The department office may contract with one or more
3206 qualified entities to administer this section and provide
3207 support and technical assistance for child care providers.
3208 (6) The department office may adopt rules for establishing
3209 procedures for the collection of child care providers’ market
3210 rate, the calculation of the prevailing average market rate by
3211 program care level and provider type in a predetermined
3212 geographic market, and the publication of the market rate
3213 schedule.
3214 Section 57. Section 1002.91, Florida Statutes, is amended
3215 to read:
3216 1002.91 Investigations of fraud or overpayment; penalties.—
3217 (1) As used in this subsection, the term “fraud” means an
3218 intentional deception, omission, or misrepresentation made by a
3219 person with knowledge that the deception, omission, or
3220 misrepresentation may result in unauthorized benefit to that
3221 person or another person, or any aiding and abetting of the
3222 commission of such an act. The term includes any act that
3223 constitutes fraud under applicable federal or state law.
3224 (2) To recover state, federal, and local matching funds,
3225 the department office shall investigate early learning
3226 coalitions, recipients, and providers of the school readiness
3227 program and the Voluntary Prekindergarten Education Program to
3228 determine possible fraud or overpayment. If by its own
3229 inquiries, or as a result of a complaint, the department office
3230 has reason to believe that a person, coalition, or provider has
3231 engaged in, or is engaging in, a fraudulent act, it shall
3232 investigate and determine whether any overpayment has occurred
3233 due to the fraudulent act. During the investigation, the
3234 department office may examine all records, including electronic
3235 benefits transfer records, and make inquiry of all persons who
3236 may have knowledge as to any irregularity incidental to the
3237 disbursement of public moneys or other items or benefits
3238 authorizations to recipients.
3239 (3) Based on the results of the investigation, the
3240 department office may, in its discretion, refer the
3241 investigation to the Department of Financial Services for
3242 criminal investigation or refer the matter to the applicable
3243 coalition. Any suspected criminal violation identified by the
3244 department office must be referred to the Department of
3245 Financial Services for criminal investigation.
3246 (4) An early learning coalition may suspend or terminate a
3247 provider from participation in the school readiness program or
3248 the Voluntary Prekindergarten Education Program when it has
3249 reasonable cause to believe that the provider has committed
3250 fraud. The department office shall adopt by rule appropriate due
3251 process procedures that the early learning coalition shall apply
3252 in suspending or terminating any provider, including the
3253 suspension or termination of payment. If suspended, the provider
3254 shall remain suspended until the completion of any investigation
3255 by the department office, the Department of Financial Services,
3256 or any other state or federal agency, and any subsequent
3257 prosecution or other legal proceeding.
3258 (5) If a school readiness program provider or a Voluntary
3259 Prekindergarten Education Program provider, or an owner,
3260 officer, or director thereof, is convicted of, found guilty of,
3261 or pleads guilty or nolo contendere to, regardless of
3262 adjudication, public assistance fraud pursuant to s. 414.39, or
3263 is acting as the beneficial owner for someone who has been
3264 convicted of, found guilty of, or pleads guilty or nolo
3265 contendere to, regardless of adjudication, public assistance
3266 fraud pursuant to s. 414.39, the early learning coalition shall
3267 refrain from contracting with, or using the services of, that
3268 provider for a period of 5 years. In addition, the coalition
3269 shall refrain from contracting with, or using the services of,
3270 any provider that shares an officer or director with a provider
3271 that is convicted of, found guilty of, or pleads guilty or nolo
3272 contendere to, regardless of adjudication, public assistance
3273 fraud pursuant to s. 414.39 for a period of 5 years.
3274 (6) If the investigation is not confidential or otherwise
3275 exempt from disclosure by law, the results of the investigation
3276 may be reported by the department office to the appropriate
3277 legislative committees, the Department of Children and Families,
3278 and such other persons as the department office deems
3279 appropriate.
3280 (7) The early learning coalition may not contract with a
3281 school readiness program provider or a Voluntary Prekindergarten
3282 Education Program provider who is on the United States
3283 Department of Agriculture National Disqualified List. In
3284 addition, the coalition may not contract with any provider that
3285 shares an officer or director with a provider that is on the
3286 United States Department of Agriculture National Disqualified
3287 List.
3288 (8) Each early learning coalition shall adopt an anti-fraud
3289 plan addressing the detection and prevention of overpayments,
3290 abuse, and fraud relating to the provision of and payment for
3291 school readiness program and Voluntary Prekindergarten Education
3292 Program services and submit the plan to the department office
3293 for approval. The department office shall adopt rules
3294 establishing criteria for the anti-fraud plan, including
3295 appropriate due process provisions. The anti-fraud plan must
3296 include, at a minimum:
3297 (a) A written description or chart outlining the
3298 organizational structure of the plan’s personnel who are
3299 responsible for the investigation and reporting of possible
3300 overpayment, abuse, or fraud.
3301 (b) A description of the plan’s procedures for detecting
3302 and investigating possible acts of fraud, abuse, or overpayment.
3303 (c) A description of the plan’s procedures for the
3304 mandatory reporting of possible overpayment, abuse, or fraud to
3305 the Office of Inspector General within the department office.
3306 (d) A description of the plan’s program and procedures for
3307 educating and training personnel on how to detect and prevent
3308 fraud, abuse, and overpayment.
3309 (e) A description of the plan’s procedures, including the
3310 appropriate due process provisions adopted by the department
3311 office for suspending or terminating from the school readiness
3312 program or the Voluntary Prekindergarten Education Program a
3313 recipient or provider who the early learning coalition believes
3314 has committed fraud.
3315 (9) A person who commits an act of fraud as defined in this
3316 section is subject to the penalties provided in s. 414.39(5)(a)
3317 and (b).
3318 Section 58. Subsections (1) and (2) and paragraphs (a),
3319 (c), and (d) of subsection (3) of section 1002.92, Florida
3320 Statutes, are amended to read:
3321 1002.92 Child care and early childhood resource and
3322 referral.—
3323 (1) As a part of the school readiness program, the
3324 department office shall establish a statewide child care
3325 resource and referral network that is unbiased and provides
3326 referrals to families for child care and information on
3327 available community resources. Preference shall be given to
3328 using early learning coalitions as the child care resource and
3329 referral agencies. If an early learning coalition cannot comply
3330 with the requirements to offer the resource information
3331 component or does not want to offer that service, the early
3332 learning coalition shall select the resource and referral agency
3333 for its county or multicounty region based upon the procurement
3334 requirements of s. 1002.84(13) s. 1002.84(12).
3335 (2) At least one child care resource and referral agency
3336 must be established in each early learning coalition’s county or
3337 multicounty region. The department office shall adopt rules
3338 regarding accessibility of child care resource and referral
3339 services offered through child care resource and referral
3340 agencies in each county or multicounty region which include, at
3341 a minimum, required hours of operation, methods by which parents
3342 may request services, and child care resource and referral staff
3343 training requirements.
3344 (3) Child care resource and referral agencies shall provide
3345 the following services:
3346 (a) Identification of existing public and private child
3347 care and early childhood education services, including child
3348 care services by public and private employers, and the
3349 development of an early learning provider performance profile a
3350 resource file of those services through the single statewide
3351 information system developed by the department office under s.
3352 1002.82(2)(q) s. 1002.82(2)(p). These services may include
3353 family day care, public and private child care programs, the
3354 Voluntary Prekindergarten Education Program, Head Start, the
3355 school readiness program, special education programs for
3356 prekindergarten children with disabilities, services for
3357 children with developmental disabilities, full-time and part
3358 time programs, before-school and after-school programs, and
3359 vacation care programs, parent education, the temporary cash
3360 assistance program, and related family support services. The
3361 early learning provider performance profile resource file shall
3362 include, but not be limited to:
3363 1. Type of program.
3364 2. Hours of service.
3365 3. Ages of children served.
3366 4. Number of children served.
3367 5. Program information.
3368 6. Fees and eligibility for services.
3369 7. Availability of transportation.
3370 8. Participation in the Child Care Food Program, if
3371 applicable.
3372 9. A link to licensing inspection reports, if applicable.
3373 10. The components of the Voluntary Prekindergarten
3374 Education Program performance metric calculated under s.
3375 1002.68, which must consist of the program assessment composite
3376 score, the learning gains score, the achievement score, and its
3377 designations, if applicable.
3378 11. The school readiness program assessment composite score
3379 and program assessment care level composite scores delineated by
3380 infant classroom, toddler classroom, and preschool classroom
3381 results under s. 1002.82, if applicable.
3382 12. Gold Seal Quality Care designation under s. 1002.945,
3383 if applicable.
3384 13. An indication as to whether the provider implements a
3385 curriculum approved by the department and the name of the
3386 curriculum, if applicable.
3387 14. An indication as to whether the provider participates
3388 in the school readiness child assessment under s. 1002.82.
3389 (c) Maintenance of ongoing documentation of requests for
3390 service tabulated through the internal referral process through
3391 the single statewide information system. The following
3392 documentation of requests for service shall be maintained by the
3393 child care resource and referral network:
3394 1. Number of calls and contacts to the child care resource
3395 information and referral network component by type of service
3396 requested.
3397 2. Ages of children for whom service was requested.
3398 3. Time category of child care requests for each child.
3399 4. Special time category, such as nights, weekends, and
3400 swing shift.
3401 5. Reason that the child care is needed.
3402 6. Customer satisfaction survey data required under s.
3403 1002.82(3) Name of the employer and primary focus of the
3404 business for an employer-based child care program.
3405 (d) Assistance to families that connects them to parent
3406 education opportunities, the temporary cash assistance program,
3407 or social services programs that support families with children,
3408 and related child development support services Provision of
3409 technical assistance to existing and potential providers of
3410 child care services. This assistance may include:
3411 1. Information on initiating new child care services,
3412 zoning, and program and budget development and assistance in
3413 finding such information from other sources.
3414 2. Information and resources which help existing child care
3415 services providers to maximize their ability to serve children
3416 and parents in their community.
3417 3. Information and incentives that may help existing or
3418 planned child care services offered by public or private
3419 employers seeking to maximize their ability to serve the
3420 children of their working parent employees in their community,
3421 through contractual or other funding arrangements with
3422 businesses.
3423 Section 59. Subsection (1) of section 1002.93, Florida
3424 Statutes, is amended to read:
3425 1002.93 School readiness program transportation services.—
3426 (1) The department office may authorize an early learning
3427 coalition to establish school readiness program transportation
3428 services for children at risk of abuse or neglect who are
3429 participating in the school readiness program, pursuant to
3430 chapter 427. The early learning coalitions may contract for the
3431 provision of transportation services as required by this
3432 section.
3433 Section 60. Section 1002.94, Florida Statutes, is repealed.
3434 Section 61. Section 1002.95, Florida Statutes, is amended
3435 to read:
3436 1002.95 Teacher Education and Compensation Helps (TEACH)
3437 scholarship program.—
3438 (1) The department office may contract for the
3439 administration of the Teacher Education and Compensation Helps
3440 (TEACH) scholarship program, which provides educational
3441 scholarships to caregivers and administrators of early childhood
3442 programs, family day care homes, and large family child care
3443 homes. The goal of the program is to increase the education and
3444 training for caregivers, increase the compensation for child
3445 caregivers who complete the program requirements, and reduce the
3446 rate of participant turnover in the field of early childhood
3447 education.
3448 (2) The State Board of Education office shall adopt rules
3449 as necessary to administer this section.
3450 Section 62. Subsections (1) and (3) of section 1002.96,
3451 Florida Statutes, are amended to read:
3452 1002.96 Early Head Start collaboration grants.—
3453 (1) Contingent upon specific appropriation, the department
3454 office shall establish a program to award collaboration grants
3455 to assist local agencies in securing Early Head Start programs
3456 through Early Head Start program federal grants. The
3457 collaboration grants shall provide the required matching funds
3458 for public and private nonprofit agencies that have been
3459 approved for Early Head Start program federal grants.
3460 (3) The department office may adopt rules as necessary for
3461 the award of collaboration grants to competing agencies and the
3462 administration of the collaboration grants program under this
3463 section.
3464 Section 63. Subsection (1) and paragraph (g) of subsection
3465 (3) of section 1002.97, Florida Statutes, are amended to read:
3466 1002.97 Records of children in the school readiness
3467 program.—
3468 (1) The individual records of children enrolled in the
3469 school readiness program provided under this part, held by an
3470 early learning coalition or the department office, are
3471 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
3472 of the State Constitution. For purposes of this section, records
3473 include assessment data, health data, records of teacher
3474 observations, and personal identifying information.
3475 (3) School readiness program records may be released to:
3476 (g) Parties to an interagency agreement among early
3477 learning coalitions, local governmental agencies, providers of
3478 the school readiness program, state agencies, and the department
3479 office for the purpose of implementing the school readiness
3480 program.
3481
3482 Agencies, organizations, or individuals that receive school
3483 readiness program records in order to carry out their official
3484 functions must protect the data in a manner that does not permit
3485 the personal identification of a child enrolled in a school
3486 readiness program and his or her parent by persons other than
3487 those authorized to receive the records.
3488 Section 64. Subsections (1) and (3) of section 1002.995,
3489 Florida Statutes, are amended to read:
3490 1002.995 Early learning professional development standards
3491 and career pathways.—
3492 (1) The department office shall:
3493 (a) Develop early learning professional development
3494 training and course standards to be utilized for school
3495 readiness program providers.
3496 (b) Identify both formal and informal early learning career
3497 pathways with stackable credentials and certifications that
3498 allow early childhood teachers to access specialized
3499 professional development that:
3500 1. Strengthens knowledge and teaching practices.
3501 2. Aligns to established professional standards and core
3502 competencies.
3503 3. Provides a progression of attainable, competency-based
3504 stackable credentials and certifications.
3505 4. Improves outcomes for children to increase kindergarten
3506 readiness and early grade success.
3507 (3) The State Board of Education office shall adopt rules
3508 to administer this section.
3509 Section 65. Subsection (3) of section 1003.575, Florida
3510 Statutes, is amended to read:
3511 1003.575 Assistive technology devices; findings;
3512 interagency agreements.—Accessibility, utilization, and
3513 coordination of appropriate assistive technology devices and
3514 services are essential as a young person with disabilities moves
3515 from early intervention to preschool, from preschool to school,
3516 from one school to another, from school to employment or
3517 independent living, and from school to home and community. If an
3518 individual education plan team makes a recommendation in
3519 accordance with State Board of Education rule for a student with
3520 a disability, as defined in s. 1003.01(3), to receive an
3521 assistive technology assessment, that assessment must be
3522 completed within 60 school days after the team’s recommendation.
3523 To ensure that an assistive technology device issued to a young
3524 person as part of his or her individualized family support plan,
3525 individual support plan, individualized plan for employment, or
3526 individual education plan remains with the individual through
3527 such transitions, the following agencies shall enter into
3528 interagency agreements, as appropriate, to ensure the
3529 transaction of assistive technology devices:
3530 (3) The Voluntary Prekindergarten Education Program
3531 administered by the Department of Education and the Office of
3532 Early Learning.
3533
3534 Interagency agreements entered into pursuant to this section
3535 shall provide a framework for ensuring that young persons with
3536 disabilities and their families, educators, and employers are
3537 informed about the utilization and coordination of assistive
3538 technology devices and services that may assist in meeting
3539 transition needs, and shall establish a mechanism by which a
3540 young person or his or her parent may request that an assistive
3541 technology device remain with the young person as he or she
3542 moves through the continuum from home to school to postschool.
3543 Section 66. Section 1007.01, Florida Statutes, is amended
3544 to read:
3545 1007.01 Articulation; legislative intent; purpose; role of
3546 the State Board of Education and the Board of Governors;
3547 Articulation Coordinating Committee.—
3548 (1) It is the intent of the Legislature to facilitate
3549 articulation and seamless integration of the Early Learning-20
3550 K-20 education system by building, sustaining, and strengthening
3551 relationships among Early Learning-20 K-20 public organizations,
3552 between public and private organizations, and between the
3553 education system as a whole and Florida’s communities. The
3554 purpose of building, sustaining, and strengthening these
3555 relationships is to provide for the efficient and effective
3556 progression and transfer of students within the education system
3557 and to allow students to proceed toward their educational
3558 objectives as rapidly as their circumstances permit. The
3559 Legislature further intends that articulation policies and
3560 budget actions be implemented consistently in the practices of
3561 the Department of Education and postsecondary educational
3562 institutions and expressed in the collaborative policy efforts
3563 of the State Board of Education and the Board of Governors.
3564 (2) To improve and facilitate articulation systemwide, the
3565 State Board of Education and the Board of Governors shall
3566 collaboratively establish and adopt policies with input from
3567 statewide K-20 advisory groups established by the Commissioner
3568 of Education and the Chancellor of the State University System
3569 and shall recommend the policies to the Legislature. The
3570 policies shall relate to:
3571 (a) The alignment between the exit requirements of one
3572 education system and the admissions requirements of another
3573 education system into which students typically transfer.
3574 (b) The identification of common courses, the level of
3575 courses, institutional participation in a statewide course
3576 numbering system, and the transferability of credits among such
3577 institutions.
3578 (c) Identification of courses that meet general education
3579 or common degree program prerequisite requirements at public
3580 postsecondary educational institutions.
3581 (d) Dual enrollment course equivalencies.
3582 (e) Articulation agreements.
3583 (3) The Commissioner of Education, in consultation with the
3584 Chancellor of the State University System, shall establish the
3585 Articulation Coordinating Committee, which shall make
3586 recommendations related to statewide articulation policies and
3587 issues regarding access, quality, and reporting of data
3588 maintained by the educational K-20 data warehouse, established
3589 pursuant to ss. 1001.10 and 1008.31, to the Higher Education
3590 Coordination Council, the State Board of Education, and the
3591 Board of Governors. The committee shall consist of two members
3592 each representing the State University System, the Florida
3593 College System, public career and technical education, K-12
3594 education, and nonpublic postsecondary education and one member
3595 representing students. The chair shall be elected from the
3596 membership. The Office of K-20 Articulation shall provide
3597 administrative support for the committee. The committee shall:
3598 (a) Monitor the alignment between the exit requirements of
3599 one education system and the admissions requirements of another
3600 education system into which students typically transfer and make
3601 recommendations for improvement.
3602 (b) Propose guidelines for interinstitutional agreements
3603 between and among public schools, career and technical education
3604 centers, Florida College System institutions, state
3605 universities, and nonpublic postsecondary institutions.
3606 (c) Annually recommend dual enrollment course and high
3607 school subject area equivalencies for approval by the State
3608 Board of Education and the Board of Governors.
3609 (d) Annually review the statewide articulation agreement
3610 pursuant to s. 1007.23 and make recommendations for revisions.
3611 (e) Annually review the statewide course numbering system,
3612 the levels of courses, and the application of transfer credit
3613 requirements among public and nonpublic institutions
3614 participating in the statewide course numbering system and
3615 identify instances of student transfer and admissions
3616 difficulties.
3617 (f) Annually publish a list of courses that meet common
3618 general education and common degree program prerequisite
3619 requirements at public postsecondary institutions identified
3620 pursuant to s. 1007.25.
3621 (g) Foster timely collection and reporting of statewide
3622 education data to improve the Early Learning-20 K-20 education
3623 performance accountability system pursuant to ss. 1001.10 and
3624 1008.31, including, but not limited to, data quality,
3625 accessibility, and protection of student records.
3626 (h) Recommend roles and responsibilities of public
3627 education entities in interfacing with the single, statewide
3628 computer-assisted student advising system established pursuant
3629 to s. 1006.735.
3630 Section 67. Section 1008.2125, Florida Statutes, is created
3631 to read:
3632 1008.2125 Coordinated screening and progress monitoring
3633 program for students in the Voluntary Prekindergarten Education
3634 Program through grade 3.—
3635 (1) The primary purpose of the coordinated screening and
3636 progress monitoring program for students in the Voluntary
3637 Prekindergarten Education Program through grade 3 is to provide
3638 information on students’ progress in mastering the appropriate
3639 grade-level standards and to provide information on their
3640 progress to parents, teachers, and school and program
3641 administrators. Data shall be used by Voluntary Prekindergarten
3642 Education Program providers and school districts to improve
3643 instruction, by parents and teachers to guide learning
3644 objectives and provide timely and appropriate supports and
3645 interventions to students not meeting grade level expectations,
3646 and by the public to assess the cost benefit of the expenditure
3647 of taxpayer dollars. The coordinated screening and progress
3648 monitoring program must:
3649 (a) Assess the progress of students in the Voluntary
3650 Prekindergarten Education Program through grade 3 in meeting the
3651 appropriate expectations in early literacy and math skills and
3652 in English Language Arts and mathematics, as required by ss.
3653 1002.67(1)(a) and 1003.41.
3654 (b) Provide data for accountability of the Voluntary
3655 Prekindergarten Education Program, as required by s. 1002.68.
3656 (c) Provide baseline data to the department of each
3657 student’s readiness for kindergarten, which must be based on
3658 each kindergarten student’s progress monitoring results within
3659 the first 30 days of enrollment in accordance with paragraph
3660 (2)(a). The methodology for determining a student’s readiness
3661 for kindergarten shall be developed by the same independent
3662 expert identified in s. 1002.68(4)(d).
3663 (d) Identify the educational strengths and needs of
3664 students in the Voluntary Prekindergarten Education Program
3665 through grade 3.
3666 (e) Provide teachers with progress monitoring data to
3667 provide timely interventions and supports pursuant to s.
3668 1008.25(4).
3669 (f) Assess how well educational goals and curricular
3670 standards are met at the provider, school, district, and state
3671 levels.
3672 (g) Provide information to aid in the evaluation and
3673 development of educational programs and policies.
3674 (2) The Commissioner of Education shall design a statewide,
3675 standardized coordinated screening and progress monitoring
3676 program to assess early literacy and mathematics skills and the
3677 English Language Arts and mathematics standards established in
3678 ss. 1002.67(1)(a) and 1003.41, respectively. The coordinated
3679 screening and progress monitoring program must provide interval
3680 level and norm-referenced data that measures equivalent levels
3681 of growth; be a developmentally appropriate, valid, and reliable
3682 direct assessment; be able to capture data on students who may
3683 be performing below grade or developmental level and which may
3684 enable the identification of early indicators of dyslexia or
3685 other developmental delays; accurately measure the core content
3686 in the applicable grade level standards; document learning gains
3687 for the achievement of these standards; and provide teachers
3688 with progress monitoring supports and materials that enhance
3689 differentiated instruction and parent communication.
3690 Participation in the coordinated screening and progress
3691 monitoring program is mandatory for all students in the
3692 Voluntary Prekindergarten Education Program and enrolled in a
3693 public school in kindergarten through grade 3. The coordinated
3694 screening and progress monitoring program shall be implemented
3695 beginning in the 2021-2022 school year for students in the
3696 Voluntary Prekindergarten Education Program and kindergarten
3697 students, as follows:
3698 (a) The coordinated screening and progress monitoring
3699 program shall be administered within the first 30 days after
3700 enrollment, midyear, and within the last 30 days of the program
3701 or school year, in accordance with the rules adopted by the
3702 State Board of Education. The state board may adopt alternate
3703 timeframes to address nontraditional school year calendars or
3704 summer programs to ensure administration of the coordinated
3705 screening and progress monitoring program is administered a
3706 minimum of 3 times within a year or program.
3707 (b) The results of the coordinated screening and progress
3708 monitoring program shall be reported to the department, in
3709 accordance with the rules adopted by the state board, and
3710 maintained in the department’s educational data warehouse.
3711 (3) The Commissioner of Education shall:
3712 (a) Develop a plan, in coordination with the Early Grade
3713 Success Advisory Committee, for implementing the coordinated
3714 screening and progress monitoring program in consideration of
3715 timelines for implementing new early literacy and mathematics
3716 skills and the English Language Arts and mathematics standards
3717 established in ss. 1002.67(1)(a) and 1003.41, as appropriate.
3718 (b) Provide data, reports, and information as requested to
3719 the Early Grade Success Advisory Committee.
3720 (4) The Early Grade Success Advisory Committee, a committee
3721 as defined in s. 20.03, is created within the Department of
3722 Education to oversee the coordinated screening and progress
3723 monitoring program and, except as otherwise provided in this
3724 section, shall operate consistent with s. 20.052.
3725 (a) The committee shall be responsible for reviewing the
3726 implementation of, training for, and outcomes from the
3727 coordinated screening and progress monitoring program to provide
3728 recommendations to the department that supports grade 3 students
3729 reading at or above grade level. The committee, at a minimum,
3730 shall:
3731 1. Provide recommendations on the implementation of the
3732 coordinated screening and progress monitoring program, including
3733 reviewing any procurement solicitation documents and criteria
3734 before being published.
3735 2. Develop training plans, and timelines for such training.
3736 3. Identify appropriate personnel, processes, and
3737 procedures required for the administration of the coordinated
3738 screening and progress monitoring program.
3739 4. Provide input on the methodology for calculating a
3740 provider’s or school’s performance metric and designations under
3741 s. 1002.68.
3742 5. Work with the department’s independent expert under s.
3743 1002.68(4)(d) to review the methodology for determining a
3744 child’s kindergarten readiness.
3745 6. Review data on age-appropriate learning gains by grade
3746 level that a student would need to attain in order to
3747 demonstrate proficiency in reading by grade 3.
3748 7. Continually review anonymized data from the results of
3749 the coordinated screening and progress monitoring program for
3750 students in the Voluntary Prekindergarten Education Program
3751 through grade 3 to help inform recommendations to the department
3752 that support practices that will enable grade 3 students to read
3753 at or above grade level.
3754 (b) The committee shall be composed of 17 members who are
3755 residents of the state and appointed as follows:
3756 1. Fifteen members appointed by the Commissioner of
3757 Education:
3758 a. One representative from the Department of Education.
3759 b. One parent of a child who is 4 to 9 years of age.
3760 c. One representative of an urban school district.
3761 d. One representative of a rural school district.
3762 e. One representative of an urban early learning coalition.
3763 f. One representative of a rural early learning coalition.
3764 g. One representative of an early learning provider.
3765 h. One representative of a faith-based early learning
3766 provider.
3767 i. One representative who is a kindergarten teacher who has
3768 at least 5 years of teaching experience.
3769 j. One representative who is a second grade teacher with at
3770 least 5 years of teaching experience.
3771 k. One representative who is a school principal.
3772 l. Four representatives with subject matter expertise in
3773 early learning, early grade success, or child assessments. The
3774 four representatives with subject matter expertise may not be
3775 direct stakeholders within the early learning or public school
3776 systems or potential recipients of a contract resulting from the
3777 committee’s recommendations.
3778 2. One senator who is appointed by and serves at the
3779 pleasure of the President of the Senate.
3780 3. One representative who is appointed by and serves at the
3781 pleasure of the Speaker of the House of Representatives.
3782 (5) The committee shall elect a chair and vice chair, one
3783 of whom must be a member who has subject matter expertise in
3784 early learning, early grade success, or child assessments, and
3785 one of whom must be a senator or representative. Members of the
3786 committee shall serve without compensation, but are entitled to
3787 reimbursement for per diem and travel expenses pursuant to s.
3788 112.061.
3789 (6) The committee must meet at least biennially and may
3790 meet by teleconference or other electronic means, if possible,
3791 to reduce costs.
3792 (7) A majority of the members constitutes a quorum.
3793 (8) The committee terminates on July 1, 2023.
3794 Section 68. Present paragraphs (b) and (c) of subsection
3795 (5) of section 1008.25, Florida Statutes, are redesignated as
3796 paragraphs (c) and (d), respectively, a new paragraph (b) is
3797 added to that subsection, and paragraph (b) of subsection (6),
3798 subsection (7), and paragraph (a) of subsection (8) are amended,
3799 to read:
3800 1008.25 Public school student progression; student support;
3801 reporting requirements.—
3802 (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
3803 (b) Any Voluntary Prekindergarten Education Program student
3804 who exhibits a substantial deficiency in early literacy in
3805 accordance with the standards under s. 1002.67(1)(a) and based
3806 upon the results of the administration of the final coordinated
3807 screening and progress monitoring under s. 1008.2125 shall be
3808 referred to the local school district and may be eligible to
3809 receive intensive reading interventions before participating in
3810 kindergarten. Such intensive reading interventions shall be paid
3811 for using funds from the district’s research-based reading
3812 instruction allocation in accordance with s. 1011.62(9).
3813 (6) ELIMINATION OF SOCIAL PROMOTION.—
3814 (b) The district school board may only exempt students from
3815 mandatory retention, as provided in paragraph (5)(c) (5)(b), for
3816 good cause. A student who is promoted to grade 4 with a good
3817 cause exemption shall be provided intensive reading instruction
3818 and intervention that include specialized diagnostic information
3819 and specific reading strategies to meet the needs of each
3820 student so promoted. The school district shall assist schools
3821 and teachers with the implementation of explicit, systematic,
3822 and multisensory reading instruction and intervention strategies
3823 for students promoted with a good cause exemption which research
3824 has shown to be successful in improving reading among students
3825 who have reading difficulties. Good cause exemptions are limited
3826 to the following:
3827 1. Limited English proficient students who have had less
3828 than 2 years of instruction in an English for Speakers of Other
3829 Languages program based on the initial date of entry into a
3830 school in the United States.
3831 2. Students with disabilities whose individual education
3832 plan indicates that participation in the statewide assessment
3833 program is not appropriate, consistent with the requirements of
3834 s. 1008.212.
3835 3. Students who demonstrate an acceptable level of
3836 performance on an alternative standardized reading or English
3837 Language Arts assessment approved by the State Board of
3838 Education.
3839 4. A student who demonstrates through a student portfolio
3840 that he or she is performing at least at Level 2 on the
3841 statewide, standardized English Language Arts assessment.
3842 5. Students with disabilities who take the statewide,
3843 standardized English Language Arts assessment and who have an
3844 individual education plan or a Section 504 plan that reflects
3845 that the student has received intensive instruction in reading
3846 or English Language Arts for more than 2 years but still
3847 demonstrates a deficiency and was previously retained in
3848 kindergarten, grade 1, grade 2, or grade 3.
3849 6. Students who have received intensive reading
3850 intervention for 2 or more years but still demonstrate a
3851 deficiency in reading and who were previously retained in
3852 kindergarten, grade 1, grade 2, or grade 3 for a total of 2
3853 years. A student may not be retained more than once in grade 3.
3854 (7) SUCCESSFUL PROGRESSION FOR RETAINED THIRD GRADE
3855 STUDENTS.—
3856 (a) Students retained under paragraph (5)(c) (5)(b) must be
3857 provided intensive interventions in reading to ameliorate the
3858 student’s specific reading deficiency and prepare the student
3859 for promotion to the next grade. These interventions must
3860 include:
3861 1. Evidence-based, explicit, systematic, and multisensory
3862 reading instruction in phonemic awareness, phonics, fluency,
3863 vocabulary, and comprehension and other strategies prescribed by
3864 the school district.
3865 2. Participation in the school district’s summer reading
3866 camp, which must incorporate the instructional and intervention
3867 strategies under subparagraph 1.
3868 3. A minimum of 90 minutes of daily, uninterrupted reading
3869 instruction incorporating the instructional and intervention
3870 strategies under subparagraph 1. This instruction may include:
3871 a. Integration of content-rich texts in science and social
3872 studies within the 90-minute block.
3873 b. Small group instruction.
3874 c. Reduced teacher-student ratios.
3875 d. More frequent progress monitoring.
3876 e. Tutoring or mentoring.
3877 f. Transition classes containing 3rd and 4th grade
3878 students.
3879 g. Extended school day, week, or year.
3880 (b) Each school district shall:
3881 1. Provide written notification to the parent of a student
3882 who is retained under paragraph (5)(c) (5)(b) that his or her
3883 child has not met the proficiency level required for promotion
3884 and the reasons the child is not eligible for a good cause
3885 exemption as provided in paragraph (6)(b). The notification must
3886 comply with paragraph (5)(d) (5)(c) and must include a
3887 description of proposed interventions and supports that will be
3888 provided to the child to remediate the identified areas of
3889 reading deficiency.
3890 2. Implement a policy for the midyear promotion of a
3891 student retained under paragraph (5)(c) (5)(b) who can
3892 demonstrate that he or she is a successful and independent
3893 reader and performing at or above grade level in reading or,
3894 upon implementation of English Language Arts assessments,
3895 performing at or above grade level in English Language Arts.
3896 Tools that school districts may use in reevaluating a student
3897 retained may include subsequent assessments, alternative
3898 assessments, and portfolio reviews, in accordance with rules of
3899 the State Board of Education. Students promoted during the
3900 school year after November 1 must demonstrate proficiency levels
3901 in reading equivalent to the level necessary for the beginning
3902 of grade 4. The rules adopted by the State Board of Education
3903 must include standards that provide a reasonable expectation
3904 that the student’s progress is sufficient to master appropriate
3905 grade 4 level reading skills.
3906 3. Provide students who are retained under paragraph (5)(c)
3907 (5)(b), including students participating in the school
3908 district’s summer reading camp under subparagraph (a)2., with a
3909 highly effective teacher as determined by the teacher’s
3910 performance evaluation under s. 1012.34, and, beginning July 1,
3911 2020, the teacher must also be certified or endorsed in reading.
3912 4. Establish at each school, when applicable, an intensive
3913 reading acceleration course for any student retained in grade 3
3914 who was previously retained in kindergarten, grade 1, or grade
3915 2. The intensive reading acceleration course must provide the
3916 following:
3917 a. Uninterrupted reading instruction for the majority of
3918 student contact time each day and opportunities to master the
3919 grade 4 Next Generation Sunshine State Standards in other core
3920 subject areas through content-rich texts.
3921 b. Small group instruction.
3922 c. Reduced teacher-student ratios.
3923 d. The use of explicit, systematic, and multisensory
3924 reading interventions, including intensive language, phonics,
3925 and vocabulary instruction, and use of a speech-language
3926 therapist if necessary, that have proven results in accelerating
3927 student reading achievement within the same school year.
3928 e. A read-at-home plan.
3929 (8) ANNUAL REPORT.—
3930 (a) In addition to the requirements in paragraph (5)(c)
3931 (5)(b), each district school board must annually report to the
3932 parent of each student the progress of the student toward
3933 achieving state and district expectations for proficiency in
3934 English Language Arts, science, social studies, and mathematics.
3935 The district school board must report to the parent the
3936 student’s results on each statewide, standardized assessment.
3937 The evaluation of each student’s progress must be based upon the
3938 student’s classroom work, observations, tests, district and
3939 state assessments, response to intensive interventions provided
3940 under paragraph (5)(a), and other relevant information. Progress
3941 reporting must be provided to the parent in writing in a format
3942 adopted by the district school board.
3943 Section 69. Section 1008.31, Florida Statutes, is amended
3944 to read:
3945 1008.31 Florida’s Early Learning-20 K-20 education
3946 performance accountability system; legislative intent; mission,
3947 goals, and systemwide measures; data quality improvements.—
3948 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
3949 that:
3950 (a) The performance accountability system implemented to
3951 assess the effectiveness of Florida’s seamless Early Learning-20
3952 K-20 education delivery system provide answers to the following
3953 questions in relation to its mission and goals:
3954 1. What is the public receiving in return for funds it
3955 invests in education?
3956 2. How effectively is Florida’s Early Learning-20 K-20
3957 education system educating its students?
3958 3. How effectively are the major delivery sectors promoting
3959 student achievement?
3960 4. How are individual schools and postsecondary education
3961 institutions performing their responsibility to educate their
3962 students as measured by how students are performing and how much
3963 they are learning?
3964 (b) The Early Learning-20 K-20 education performance
3965 accountability system be established as a single, unified
3966 accountability system with multiple components, including, but
3967 not limited to, student performance in public schools and school
3968 and district grades.
3969 (c) The K-20 education performance accountability system
3970 comply with the requirements of the “No Child Left Behind Act of
3971 2001,” Pub. L. No. 107-110, and the Individuals with
3972 Disabilities Education Act (IDEA).
3973 (d) The early learning accountability system comply with
3974 the requirements of part V and part VI of chapter 1002 and the
3975 requirements of the Child Care and Development Block Grant Trust
3976 Fund, pursuant to 45 C.F.R. parts 98 and 99.
3977 (e)(d) The State Board of Education and the Board of
3978 Governors of the State University System recommend to the
3979 Legislature systemwide performance standards; the Legislature
3980 establish systemwide performance measures and standards; and the
3981 systemwide measures and standards provide Floridians with
3982 information on what the public is receiving in return for the
3983 funds it invests in education and how well the Early Learning-20
3984 K-20 system educates its students.
3985 (f)1.(e)1. The State Board of Education establish
3986 performance measures and set performance standards for
3987 individual public schools and Florida College System
3988 institutions, with measures and standards based primarily on
3989 student achievement.
3990 2. The Board of Governors of the State University System
3991 establish performance measures and set performance standards for
3992 individual state universities, including actual completion
3993 rates.
3994 (2) MISSION, GOALS, AND SYSTEMWIDE MEASURES.—
3995 (a) The mission of Florida’s Early Learning-20 K-20
3996 education system shall be to increase the proficiency of all
3997 students within one seamless, efficient system, by allowing them
3998 the opportunity to expand their knowledge and skills through
3999 learning opportunities and research valued by students, parents,
4000 and communities.
4001 (b) The process for establishing state and sector-specific
4002 standards and measures must be:
4003 1. Focused on student success.
4004 2. Addressable through policy and program changes.
4005 3. Efficient and of high quality.
4006 4. Measurable over time.
4007 5. Simple to explain and display to the public.
4008 6. Aligned with other measures and other sectors to support
4009 a coordinated Early Learning-20 K-20 education system.
4010 (c) The Department of Education shall maintain an
4011 accountability system that measures student progress toward the
4012 following goals:
4013 1. Highest student achievement, as indicated by evidence of
4014 student learning gains at all levels.
4015 2. Seamless articulation and maximum access, as measured by
4016 evidence of progression, readiness, and access by targeted
4017 groups of students identified by the Commissioner of Education.
4018 3. Skilled workforce and economic development, as measured
4019 by evidence of employment and earnings.
4020 4. Quality efficient services, as measured by evidence of
4021 return on investment.
4022 5. Other goals as identified by law or rule.
4023 (3) K-20 EDUCATION DATA QUALITY IMPROVEMENTS.—To provide
4024 data required to implement education performance accountability
4025 measures in state and federal law, the Commissioner of Education
4026 shall initiate and maintain strategies to improve data quality
4027 and timeliness. The Board of Governors shall make available to
4028 the department all data within the State University Database
4029 System to be integrated into the educational K-20 data
4030 warehouse. The commissioner shall have unlimited access to such
4031 data for the purposes of conducting studies, reporting annual
4032 and longitudinal student outcomes, and improving college
4033 readiness and articulation. All public educational institutions
4034 shall annually provide data from the prior year to the
4035 educational K-20 data warehouse in a format based on data
4036 elements identified by the commissioner.
4037 (a) School districts and public postsecondary educational
4038 institutions shall maintain information systems that will
4039 provide the State Board of Education, the Board of Governors of
4040 the State University System, and the Legislature with
4041 information and reports necessary to address the specifications
4042 of the accountability system. The level of comprehensiveness and
4043 quality must be no less than that which was available as of June
4044 30, 2001.
4045 (b) Colleges and universities eligible to participate in
4046 the William L. Boyd, IV, Effective Access to Student Education
4047 Grant Program shall annually report student-level data from the
4048 prior year for each student who receives state funds in a format
4049 prescribed by the Department of Education. At a minimum, data
4050 from the prior year must include retention rates, transfer
4051 rates, completion rates, graduation rates, employment and
4052 placement rates, and earnings of graduates. By October 1 of each
4053 year, the colleges and universities described in this paragraph
4054 shall report the data to the department.
4055 (c) The Commissioner of Education shall determine the
4056 standards for the required data, monitor data quality, and
4057 measure improvements. The commissioner shall report annually to
4058 the State Board of Education, the Board of Governors of the
4059 State University System, the President of the Senate, and the
4060 Speaker of the House of Representatives data quality indicators
4061 and ratings for all school districts and public postsecondary
4062 educational institutions.
4063 (d) Before establishing any new reporting or data
4064 collection requirements, the commissioner shall use existing
4065 data being collected to reduce duplication and minimize
4066 paperwork.
4067 (4) RULES.—The State Board of Education shall adopt rules
4068 pursuant to ss. 120.536(1) and 120.54 to implement the
4069 provisions of this section relating to the educational K-20 data
4070 warehouse.
4071 Section 70. Section 1008.32, Florida Statutes, is amended
4072 to read:
4073 1008.32 State Board of Education oversight enforcement
4074 authority.—The State Board of Education shall oversee the
4075 performance of early learning coalitions, district school
4076 boards, and Florida College System institution boards of
4077 trustees in enforcement of all laws and rules. District school
4078 boards and Florida College System institution boards of trustees
4079 shall be primarily responsible for compliance with law and state
4080 board rule.
4081 (1) In order to ensure compliance with law or state board
4082 rule, the State Board of Education shall have the authority to
4083 request and receive information, data, and reports from early
4084 learning coalitions, school districts, and Florida College
4085 System institutions. Early Learning Coalition chief executive
4086 officers or executive directors, district school
4087 superintendents, and Florida College System institution
4088 presidents are responsible for the accuracy of the information
4089 and data reported to the state board.
4090 (2)(a) The Commissioner of Education may investigate
4091 allegations of noncompliance with law or state board rule and
4092 determine probable cause. The commissioner shall report
4093 determinations of probable cause to the State Board of Education
4094 which shall require the early learning coalition, district
4095 school board, or Florida College System institution board of
4096 trustees to document compliance with law or state board rule.
4097 (b) The Commissioner of Education shall report to the State
4098 Board of Education any findings by the Auditor General that an
4099 early learning coalition, a district school board, or a Florida
4100 College System institution is acting without statutory authority
4101 or contrary to general law. The State Board of Education shall
4102 require the early learning coalition, district school board, or
4103 Florida College System institution board of trustees to document
4104 compliance with such law.
4105 (3) If the early learning coalition, district school board,
4106 or Florida College System institution board of trustees cannot
4107 satisfactorily document compliance, the State Board of Education
4108 may order compliance within a specified timeframe.
4109 (4) If the State Board of Education determines that an
4110 early learning coalition, a district school board, or a Florida
4111 College System institution board of trustees is unwilling or
4112 unable to comply with law or state board rule within the
4113 specified time, the state board shall have the authority to
4114 initiate any of the following actions:
4115 (a) Report to the Legislature that the early learning
4116 coalition, school district, or Florida College System
4117 institution is unwilling or unable to comply with law or state
4118 board rule and recommend action to be taken by the Legislature.
4119 (b) Withhold the transfer of state funds, discretionary
4120 grant funds, discretionary lottery funds, or any other funds
4121 specified as eligible for this purpose by the Legislature until
4122 the early learning coalition, school district, or Florida
4123 College System institution complies with the law or state board
4124 rule.
4125 (c) Declare the early learning coalition, school district,
4126 or Florida College System institution ineligible for competitive
4127 grants.
4128 (d) Require monthly or periodic reporting on the situation
4129 related to noncompliance until it is remedied.
4130 (5) Nothing in this section shall be construed to create a
4131 private cause of action or create any rights for individuals or
4132 entities in addition to those provided elsewhere in law or rule.
4133 Section 71. Paragraph (a) of subsection (3) of section
4134 1008.33, Florida Statutes, is amended to read:
4135 1008.33 Authority to enforce public school improvement.—
4136 (3)(a) The academic performance of all students has a
4137 significant effect on the state school system. Pursuant to Art.
4138 IX of the State Constitution, which prescribes the duty of the
4139 State Board of Education to supervise Florida’s public school
4140 system, the state board shall equitably enforce the
4141 accountability requirements of the state school system and may
4142 impose state requirements on school districts in order to
4143 improve the academic performance of all districts, schools, and
4144 students based upon the provisions of the Florida Early
4145 Learning-20 K-20 Education Code, chapters 1000-1013; the federal
4146 ESEA and its implementing regulations; and the ESEA flexibility
4147 waiver approved for Florida by the United States Secretary of
4148 Education.
4149 Section 72. Subsection (9) of section 1011.62, Florida
4150 Statutes, is amended to read:
4151 1011.62 Funds for operation of schools.—If the annual
4152 allocation from the Florida Education Finance Program to each
4153 district for operation of schools is not determined in the
4154 annual appropriations act or the substantive bill implementing
4155 the annual appropriations act, it shall be determined as
4156 follows:
4157 (9) RESEARCH-BASED READING INSTRUCTION ALLOCATION.—
4158 (a) The research-based reading instruction allocation is
4159 created to provide comprehensive reading instruction to students
4160 in kindergarten through grade 12, including certain students who
4161 exhibit a substantial deficiency in early literacy and completed
4162 the Voluntary Prekindergarten Education Program pursuant to s.
4163 1008.25(5)(b). Each school district that has one or more of the
4164 300 lowest-performing elementary schools based on a 3-year
4165 average of the state reading assessment data must use the
4166 school’s portion of the allocation to provide an additional hour
4167 per day of intensive reading instruction for the students in
4168 each school. The additional hour may be provided within the
4169 school day. Students enrolled in these schools who earned a
4170 level 4 or level 5 score on the statewide, standardized English
4171 Language Arts assessment for the previous school year may
4172 participate in the additional hour of instruction. Exceptional
4173 student education centers may not be included in the 300
4174 schools. The intensive reading instruction delivered in this
4175 additional hour shall include: research-based reading
4176 instruction that has been proven to accelerate progress of
4177 students exhibiting a reading deficiency; differentiated
4178 instruction based on screening, diagnostic, progress monitoring,
4179 or student assessment data to meet students’ specific reading
4180 needs; explicit and systematic reading strategies to develop
4181 phonemic awareness, phonics, fluency, vocabulary, and
4182 comprehension, with more extensive opportunities for guided
4183 practice, error correction, and feedback; and the integration of
4184 social studies, science, and mathematics-text reading, text
4185 discussion, and writing in response to reading.
4186 (b) Funds for comprehensive, research-based reading
4187 instruction shall be allocated annually to each school district
4188 in the amount provided in the General Appropriations Act. Each
4189 eligible school district shall receive the same minimum amount
4190 as specified in the General Appropriations Act, and any
4191 remaining funds shall be distributed to eligible school
4192 districts based on each school district’s proportionate share of
4193 K-12 base funding.
4194 (c) Funds allocated under this subsection must be used to
4195 provide a system of comprehensive reading instruction to
4196 students enrolled in the K-12 programs and certain students who
4197 exhibit a substantial deficiency in early literacy and completed
4198 the Voluntary Prekindergarten Education Program pursuant to s.
4199 1008.25(5)(b), which may include the following:
4200 1. An additional hour per day of evidence-based intensive
4201 reading instruction to students in the 300 lowest-performing
4202 elementary schools by teachers and reading specialists who have
4203 demonstrated effectiveness in teaching reading as required in
4204 paragraph (a).
4205 2. Kindergarten through grade 5 evidence-based reading
4206 intervention teachers to provide intensive reading interventions
4207 provided by reading intervention teachers intervention during
4208 the school day and in the required extra hour for students
4209 identified as having a reading deficiency.
4210 3. Highly qualified reading coaches to specifically support
4211 teachers in making instructional decisions based on student
4212 data, and improve teacher delivery of effective reading
4213 instruction, intervention, and reading in the content areas
4214 based on student need.
4215 4. Professional development for school district teachers in
4216 scientifically based reading instruction, including strategies
4217 to teach reading in content areas and with an emphasis on
4218 technical and informational text, to help school district
4219 teachers earn a certification or an endorsement in reading.
4220 5. Summer reading camps, using only teachers or other
4221 district personnel who are certified or endorsed in reading
4222 consistent with s. 1008.25(7)(b)3., for all students in
4223 kindergarten through grade 2 who demonstrate a reading
4224 deficiency as determined by district and state assessments, and
4225 students in grades 3 through 5 who score at Level 1 on the
4226 statewide, standardized English Language Arts assessment, and
4227 certain students who exhibit a substantial deficiency in early
4228 literacy and completed the Voluntary Prekindergarten Education
4229 Program pursuant to s. 1008.25(5)(b).
4230 6. Scientifically researched and evidence-based
4231 supplemental instructional materials that are grounded in
4232 scientifically based reading research as identified by the Just
4233 Read, Florida! Office pursuant to s. 1001.215(8).
4234 7. Evidence-based intensive interventions for students in
4235 kindergarten through grade 12 who have been identified as having
4236 a reading deficiency or who are reading below grade level as
4237 determined by the statewide, standardized English Language Arts
4238 assessment or for certain students who exhibit a substantial
4239 deficiency in early literacy and completed the Voluntary
4240 Prekindergarten Education Program pursuant to s. 1008.25(5)(b).
4241 (d)1. Annually, by a date determined by the Department of
4242 Education but before May 1, school districts shall submit a K-12
4243 comprehensive reading plan for the specific use of the research
4244 based reading instruction allocation in the format prescribed by
4245 the department for review and approval by the Just Read,
4246 Florida! Office created pursuant to s. 1001.215. The plan
4247 annually submitted by school districts shall be deemed approved
4248 unless the department rejects the plan on or before June 1. If a
4249 school district and the Just Read, Florida! Office cannot reach
4250 agreement on the contents of the plan, the school district may
4251 appeal to the State Board of Education for resolution. School
4252 districts shall be allowed reasonable flexibility in designing
4253 their plans and shall be encouraged to offer reading
4254 intervention through innovative methods, including career
4255 academies. The plan format shall be developed with input from
4256 school district personnel, including teachers and principals,
4257 and shall provide for intensive reading interventions through
4258 integrated curricula, provided that, beginning with the 2020
4259 2021 school year, the interventions are delivered by a teacher
4260 who is certified or endorsed in reading. Such interventions must
4261 incorporate evidence-based strategies identified by the Just
4262 Read, Florida! Office pursuant to s. 1001.215(8). No later than
4263 July 1 annually, the department shall release the school
4264 district’s allocation of appropriated funds to those districts
4265 having approved plans. A school district that spends 100 percent
4266 of this allocation on its approved plan shall be deemed to have
4267 been in compliance with the plan. The department may withhold
4268 funds upon a determination that reading instruction allocation
4269 funds are not being used to implement the approved plan. The
4270 department shall monitor and track the implementation of each
4271 district plan, including conducting site visits and collecting
4272 specific data on expenditures and reading improvement results.
4273 By February 1 of each year, the department shall report its
4274 findings to the Legislature.
4275 2. Each school district that has a school designated as one
4276 of the 300 lowest-performing elementary schools as specified in
4277 paragraph (a) shall specifically delineate in the comprehensive
4278 reading plan, or in an addendum to the comprehensive reading
4279 plan, the implementation design and reading intervention
4280 strategies that will be used for the required additional hour of
4281 reading instruction. The term “reading intervention” includes
4282 evidence-based strategies frequently used to remediate reading
4283 deficiencies and also includes individual instruction, tutoring,
4284 mentoring, or the use of technology that targets specific
4285 reading skills and abilities.
4286
4287 For purposes of this subsection, the term “evidence-based” means
4288 demonstrating a statistically significant effect on improving
4289 student outcomes or other relevant outcomes.
4290 Section 73. For the 2020-2021 fiscal year, the sum of
4291 $3,088,000 in recurring funds is appropriated from the General
4292 Revenue Fund to the Department of Education to implement the
4293 coordinated screening and progress monitoring program required
4294 by s. 1008.2125, Florida Statutes. Of these funds, $3 million
4295 shall be placed in reserve. The department is authorized to
4296 submit budget amendments requesting the release of funds
4297 pursuant to chapter 216, Florida Statutes. The budget amendment
4298 shall include a detailed operational work plan and spending
4299 plan. The department shall submit quarterly updates to the plans
4300 and quarterly project status reports to the Governor’s Office of
4301 Policy and Budget and the chairs of the Senate Committee on
4302 Appropriations and the House of Representatives Appropriations
4303 Committee. Each status report must include progress made to date
4304 for each project activity, planned and actual tasks and
4305 deliverable completion dates, planned and actual costs incurred,
4306 and any current issues and risks.
4307 Section 74. For the 2020-2021 fiscal year, the sum of
4308 $100,000 in nonrecurring funds is appropriated from the General
4309 Revenue Fund to the Department of Education to issue a
4310 competitive solicitation to contract with an independent third
4311 party consulting firm to conduct a review of the school
4312 readiness payment rates by county, by provider type, as defined
4313 in s. 1002.88, Florida Statutes, and by care level, as defined
4314 in s. 402.305, Florida Statutes. The review shall include an
4315 evaluation of the current methodology for establishing the
4316 market rate schedule pursuant to s. 1002.895, Florida Statutes,
4317 the current school readiness payment rates, and the impact of
4318 the approved pay differentials authorized under part VI of
4319 chapter 1002, Florida Statutes, on the payment rates. The review
4320 shall include recommendations on a methodology for setting the
4321 payment rates by county, by provider type, and by care level
4322 that takes into consideration the impact that local ordinances
4323 may have on the market rate if such ordinances require more
4324 stringent staff-to-child ratios than required in s. 402.305(4),
4325 Florida Statutes, but may not consider school readiness wait
4326 lists as a factor. The department shall submit the results of
4327 the review and the recommendations to the Governor’s Office of
4328 Policy and Budget and the chairs of the Senate Committee on
4329 Appropriations and the House of Representatives Appropriations
4330 Committee by January 1, 2021.
4331 Section 75. For the 2020-2021 fiscal year, the sum of
4332 $677,759 in recurring funds is appropriated from the General
4333 Revenue Fund to the Department of Education to assist in the
4334 implementation of s. 1002.68(2), Florida Statutes.
4335 Section 76. This act shall take effect upon becoming a law.
4336
4337 ================= T I T L E A M E N D M E N T ================
4338 And the title is amended as follows:
4339 Delete everything before the enacting clause
4340 and insert:
4341 A bill to be entitled
4342 An act relating to early learning and early grade
4343 success; amending s. 20.055, F.S.; conforming
4344 provisions to changes made by the act; amending s.
4345 20.15, F.S.; eliminating the Office of Early Learning
4346 from the Office of Independent Education and Parental
4347 Choice of the Department of Education; establishing
4348 the Division of Early Learning within the department;
4349 amending s. 39.202, F.S.; conforming provisions to
4350 changes made by the act; amending s. 39.604, F.S.;
4351 revising approved child care or early education
4352 settings for the placement of certain children;
4353 conforming a cross-reference to changes made by the
4354 act; amending s. 212.08, F.S.; conforming provisions
4355 to changes made by the act; amending ss. 383.14,
4356 391.308, and 402.26, F.S.; conforming provisions and
4357 cross-references to changes made by the act;
4358 transferring, renumbering, and amending s. 402.281,
4359 F.S.; revising the requirements of the Gold Seal
4360 Quality Care program; requiring the State Board of
4361 Education to adopt specified rules; revising
4362 accrediting association requirements; providing
4363 requirements for accrediting associations; requiring
4364 the department to adopt a specified process; providing
4365 requirements for such process; deleting a requirement
4366 for the department to consult certain entities for
4367 specified purposes; providing requirements for certain
4368 providers to maintain Gold Seal Quality Care status;
4369 providing exemptions to certain ad valorem taxes;
4370 providing rate differentials to certain providers;
4371 providing for a type two transfer of the Gold Seal
4372 Quality Care program in the Department of Children and
4373 Families to the Department of Education; providing for
4374 the continuation of certain contracts and interagency
4375 agreements; amending s. 402.305, F.S.; requiring
4376 minimum child care licensing standards adopted between
4377 specified dates to be ratified by the Legislature;
4378 revising requirements relating to staff trained in
4379 cardiopulmonary resuscitation; amending s. 402.315,
4380 F.S.; conforming a cross-reference to changes made by
4381 the act; amending s. 402.56, F.S.; revising the
4382 membership of the Children and Youth Cabinet; amending
4383 ss. 411.226, 411.227, 414.295, 1000.01, 1000.02,
4384 1000.03, 1000.04, 1000.21, 1001.02, 1001.03, 1001.10,
4385 and 1001.11, F.S.; conforming provisions and cross
4386 references to changes made by the act; repealing s.
4387 1001.213, F.S., relating to the Office of Early
4388 Learning; amending ss. 1001.215, 1001.23, 1001.70,
4389 1001.706, 1002.22, 1002.32, 1002.34, and 1002.36 F.S.;
4390 conforming provisions and cross-references to changes
4391 made by the act; amending s. 1002.53, F.S.; revising
4392 the requirements for certain program provider
4393 profiles; requiring students enrolled in the Voluntary
4394 Prekindergarten Education Program to participate in a
4395 specified screening and progress monitoring program;
4396 amending s. 1002.55, F.S.; authorizing certain child
4397 development programs operating on a military
4398 installment to be private prekindergarten providers
4399 within the Voluntary Prekindergarten Education
4400 Program; providing that a private prekindergarten
4401 provider is ineligible for participation in the
4402 program under certain circumstances; revising
4403 requirements that must be met by a prekindergarten
4404 instructor; revising requirements for specified
4405 courses for prekindergarten instructors; providing
4406 that a private school administrator who holds a
4407 specified certificate meets certain credential
4408 requirements; providing liability insurance
4409 requirements for child development programs operating
4410 on a military installment participating in the
4411 program; requiring early learning coalitions to verify
4412 private prekindergarten provider compliance with
4413 specified provisions; requiring such coalitions to
4414 remove a provider’s eligibility under specified
4415 circumstances; amending s. 1002.57, F.S.; revising the
4416 minimum standards for a credential for certain
4417 prekindergarten directors; amending s. 1002.59, F.S.;
4418 revising requirements for emergent literacy and
4419 performance standards training courses for
4420 prekindergarten instructors; requiring the department
4421 to make certain courses available; amending s.
4422 1002.61, F.S.; authorizing certain child development
4423 programs operating on a military installment to be
4424 private prekindergarten providers within the summer
4425 Voluntary Prekindergarten Education Program; revising
4426 the criteria for a teacher to receive priority for the
4427 summer program in a school district; requiring child
4428 development programs operating on a military
4429 installment to comply with specified criteria;
4430 requiring early learning coalitions to verify
4431 specified information; providing for the removal of a
4432 program provider from eligibility under certain
4433 circumstances; amending s. 1002.63, F.S.; requiring
4434 early learning coalitions to verify specified
4435 information; providing for the removal of public
4436 school program providers from the program under
4437 certain circumstances; amending s. 1002.67, F.S.;
4438 revising the performance standards for the Voluntary
4439 Prekindergarten Education Program; requiring the
4440 department to review and revise performance standards
4441 on a specified schedule; revising curriculum
4442 requirements for the program; requiring the department
4443 to adopt procedures for the review and approval of
4444 curricula for the program; deleting a required
4445 preassessment and postassessment for the program;
4446 creating s. 1002.68, F.S.; requiring providers of the
4447 Voluntary Prekindergarten Education Program to
4448 participate in a specified screening and progress
4449 monitoring program; providing specified uses for the
4450 results of such program; requiring certain portions of
4451 the screening and progress monitoring program to be
4452 administered by individuals who meet specified
4453 criteria; requiring the results of specified
4454 assessments to be reported to the parents of
4455 participating students; providing requirements for
4456 such assessments; providing department duties and
4457 responsibilities relating to such assessments;
4458 providing requirements for a specified methodology
4459 used to calculate the results of such assessments;
4460 requiring the department to establish a designation
4461 system for program providers; providing for the
4462 adoption of a minimum performance metric or
4463 designation for program participation; providing
4464 procedures for a provider whose score or designation
4465 falls below the minimum requirement; providing for the
4466 revocation of program eligibility for a provider;
4467 authorizing the department to grant good cause
4468 exemptions to providers under certain circumstances;
4469 providing department and provider requirements for
4470 such exemptions; repealing s. 1002.69, F.S., relating
4471 to statewide kindergarten screening and readiness
4472 rates; amending ss. 1002.71 and 1002.72, F.S.;
4473 conforming provisions to changes made by the act;
4474 amending s. 1002.73, F.S.; requiring the department to
4475 adopt a statewide provider contract; requiring such
4476 contract to be published on the department’s website;
4477 providing requirements for such contract; prohibiting
4478 providers from offering services during an appeal of
4479 termination from the program; providing applicability;
4480 requiring the department to adopt specified procedures
4481 relating to the Voluntary Prekindergarten Education
4482 Program; providing duties of the department relating
4483 to such program; repealing s. 1002.75, F.S., relating
4484 to the powers and duties of the Office of Early
4485 Learning; repealing s. 1002.77, F.S., relating to the
4486 Florida Early Learning Advisory Council; amending ss.
4487 1002.79 and 1002.81, F.S.; conforming provisions and
4488 cross-references to changes made by the act; amending
4489 s. 1002.82, F.S.; providing duties of the department
4490 relating to early learning; exempting certain child
4491 development programs operating on a military
4492 installment from specified inspection requirements;
4493 requiring the department to monitor specified
4494 standards and benchmarks for certain purposes;
4495 requiring the department to provide specified
4496 technical support; revising requirements for a
4497 specified assessment program; requiring the department
4498 to adopt requirements to make certain contracted slots
4499 available to serve specified populations; requiring
4500 the department to adopt procedures for the merging of
4501 early learning coalitions; revising the requirements
4502 for a specified report; amending s. 1002.83, F.S.;
4503 revising the number of authorized early learning
4504 coalitions; revising the number of and requirements
4505 for members of an early learning coalition; revising
4506 requirements for such coalitions; amending s. 1002.84,
4507 F.S.; revising early learning coalition
4508 responsibilities and duties; revising requirements for
4509 the waiver of specified copayments; amending s.
4510 1002.85, F.S.; revising the requirements for school
4511 readiness program plans; amending s. 1002.88, F.S.;
4512 authorizing certain child development programs
4513 operating on military instillations to participate in
4514 the school readiness program; revising requirements to
4515 deliver such a program; providing that a specified
4516 annual inspection for a child development program
4517 participating in the school readiness program meets
4518 certain provider requirements; providing requirements
4519 for a child development program to meet certain
4520 liability requirements; amending ss. 1002.89,
4521 1002.895, and 1002.91, F.S.; conforming provisions and
4522 cross-references to changes made by the act; amending
4523 s. 1002.92, F.S.; revising the services that must be
4524 provided by child care resource and referral agencies;
4525 amending s. 1002.93, F.S.; conforming provisions to
4526 changes made by the act; repealing s. 1002.94, F.S.,
4527 relating to the Child Care Executive Partnership
4528 Program; amending ss. 1002.95, 1002.96, 1002.97,
4529 1002.995, 1003.575, and 1007.01, F.S.; conforming
4530 provisions and cross-references to changes made by the
4531 act; creating s. 1008.2125, F.S.; creating the
4532 coordinated screening and progress monitoring program
4533 within the department for specified purposes;
4534 requiring the Commissioner of Education to design such
4535 program; providing requirements for the administration
4536 of such program and the use of results from the
4537 program; providing requirements for the commissioner;
4538 creating the Early Grade Success Advisory Committee;
4539 providing duties of the committee; providing for the
4540 membership of the committee; requiring the committee
4541 to elect a chair and a vice chair; providing
4542 requirements for such appointments; providing for per
4543 diem for members of the committee; providing meeting
4544 requirements for the committee; providing for a quorum
4545 of the committee; amending s. 1008.25, F.S.;
4546 authorizing certain students who enrolled in the
4547 Voluntary Prekindergarten Education Program to receive
4548 intensive reading interventions using specified funds;
4549 amending ss. 1008.31, 1008.32, and 1008.33, F.S.;
4550 conforming provisions to changes made by the act;
4551 amending s. 1011.62, F.S.; revising the research-based
4552 reading instruction allocation to authorize the use of
4553 such funds for certain intensive reading interventions
4554 for certain students; revising the requirements for
4555 specified reading instruction and interventions;
4556 defining the term “evidence-based”; providing
4557 appropriations; providing requirements for the use of
4558 such funds; providing an effective date.