Florida Senate - 2021 SB 1496 By Senator Ausley 3-01068A-21 20211496__ 1 A bill to be entitled 2 An act relating to the Early Learning Scholarship 3 program; providing a short title; creating s. 1002.56, 4 F.S.; establishing the Early Learning Scholarship 5 program; requiring the program to be administered by 6 the Office of Early Learning; providing the purpose of 7 the program; defining terms; specifying eligibility 8 criteria; providing that a student who receives a 9 scholarship remains eligible to participate until the 10 student is admitted to kindergarten or attains the age 11 of 6 years by a specified date; requiring program 12 funds to be used for a specified purpose; providing 13 for the administration of the program; requiring the 14 office to contract with an independent contractor to 15 evaluate the program; specifying the recommendations 16 to be included in the evaluation; requiring the office 17 to submit a written copy of the evaluation to the 18 Legislature and state agencies by a specified date; 19 specifying provider eligibility criteria; exempting 20 the state from liability; providing that the program 21 does not expand the regulatory authority of the state; 22 requiring the office to adopt rules; providing an 23 effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. This act may be cited as the “Brighter Future 28 Act.” 29 Section 2. Section 1002.56, Florida Statutes, is created to 30 read: 31 1002.56 Early Learning Scholarship program.— 32 (1) PURPOSE.—There is established the Early Learning 33 Scholarship program to be administered by the Office of Early 34 Learning. The program is established in order to close the 35 opportunity gap by increasing access to high-quality early 36 childhood programs. 37 (2) DEFINITIONS.—As used in this section, the term: 38 (a) “Direct certification list” means the certified list of 39 children who qualify for the food assistance program, the 40 Temporary Assistance for Needy Families Program, or the Food 41 Distribution Program on Indian Reservations provided to the 42 Department of Education by the Department of Children and 43 Families. 44 (b) “Household income” has the same meaning as the term 45 “income” as defined in the Income Eligibility Guidelines for 46 free and reduced price meals under the National School Lunch 47 Program in 7 C.F.R. part 210 as published in the Federal 48 Register by the United States Department of Agriculture. 49 (c) “Office” means the Office of Early Learning. 50 (d) “Parent” means a resident of this state who is a parent 51 as defined in s. 1000.21(5). 52 (e) “Program” means the Early Learning Scholarship program. 53 (f) “Provider” means a Voluntary Prekindergarten Education 54 Program or school readiness contracted provider approved 55 pursuant to ss. 1002.55 and 1002.88 and which meets the 56 requirements of subsection (6). 57 (3) ELIGIBILITY.—A student is eligible for a scholarship 58 under this program to attend programs offered by providers if: 59 (a) The student: 60 1. Is a resident of this state; 61 2. Is not receiving any other scholarship established under 62 this chapter; 63 3. Meets at least one of the following criteria: 64 a. The student is on the direct certification list; 65 b. The student is experiencing or has experienced 66 homelessness or falls within the category “children known to the 67 department” as defined in s. 39.0016; 68 c. The student is the child of a parent younger than 21 69 years of age who is pursuing a high school or high school 70 equivalency diploma; or 71 d. The student’s household income level does not exceed 300 72 percent of the federal poverty level; and 73 (b) The parent has applied for a scholarship with the 74 office. 75 76 A student who initially receives a scholarship based on 77 eligibility under this subsection remains eligible to 78 participate until the student is admitted to kindergarten or 79 attains the age of 6 years by February 1 of any school year. 80 (4) USE OF FUNDS.—Funds awarded under the program shall be 81 used for tuition and fees for eligible children to attend 82 programs offered by providers. 83 (5) ADMINISTRATION.— 84 (a) Subject to the appropriation of funds by the 85 Legislature, the office shall coordinate annually with early 86 learning coalitions to issue scholarships from the program. 87 (b) The office shall establish application timelines and 88 determine the schedule for awarding scholarship awards by direct 89 payment from early learning coalitions to program providers in a 90 manner that meets the needs of eligible parents and students. 91 (c) The early learning coalitions shall use the following 92 priority order to award scholarships: 93 1. Students who are in foster care. 94 2. Students who are infants or toddlers with a current 95 individualized family service plan. 96 3. Students who have a parent younger than 21 years of age 97 who is pursuing a high school or high school equivalency 98 diploma. 99 4. Students who are experiencing or have experienced 100 homelessness or who fall within the category “children known to 101 the department” as defined in s. 39.0016. 102 5. Students who have a household family income that does 103 not exceed 185 percent of the federal poverty level. 104 6. Subject to available general revenue appropriation, 105 students who have a household family income above 185 percent 106 but not exceeding 300 percent of the federal poverty level. 107 (d) The early learning coalitions may prioritize 108 applications on the basis of additional factors, including 109 geographic location and whether the student’s family is 110 currently receiving, or on a waiting list for, a publicly funded 111 program providing early education or child care services. 112 (e) The office shall establish criteria for early learning 113 coalitions to use when determining the amount of scholarship 114 awards. The total amount of a scholarship award, or the amount 115 of a scholarship award in combination with any other public 116 funds received to provide early education or child care services 117 for the student, may not exceed the program provider’s published 118 private pay rate. Scholarship funds may not be used to supplant 119 any federal funding received by the program to provide services 120 for the student. 121 (f) The office shall report on program implementation and 122 progress as part of its annual reporting requirements under s. 123 1002.82(5). The report must include, at a minimum, information 124 on the number, ages, and priority levels of children served and 125 the total number and amount of scholarships awarded by priority 126 level. 127 (g) The office shall contract with an independent 128 contractor to evaluate the program. The evaluation must include 129 recommendations regarding the appropriate scholarship amount, 130 the efficiency and effectiveness of program administration, and 131 the impact on kindergarten readiness. By January 15, 2024, the 132 office shall submit a written copy of the evaluation to the 133 chairs and ranking minority members of the legislative 134 committees and state agencies with primary jurisdiction over 135 kindergarten through grade 12 education. 136 (6) PROVIDER ELIGIBILITY.— 137 (a) A provider is eligible to receive scholarship funds if 138 the provider: 139 1. Meets the minimum kindergarten readiness rate as 140 determined under s. 1002.69(6); or 141 2. Demonstrates acceptable performance on the program 142 assessment under s. 1002.82(2)(n). 143 (b) Providers who are contracted for both the Voluntary 144 Prekindergarten Education Program and the school readiness 145 program must meet both criteria under subparagraphs (a)1. and 2. 146 (7) LIABILITY.—The state is not liable for the award of 147 funds or any use of awarded funds under this section. 148 (8) SCOPE OF AUTHORITY.—This section does not expand the 149 regulatory authority of the state, its officers, or the office 150 to impose additional regulations on participating private 151 Voluntary Prekindergarten Education Program providers beyond 152 those reasonably necessary to enforce requirements expressly set 153 forth in this section. 154 (9) RULES.—The office shall adopt rules to administer this 155 section. 156 Section 3. This act shall take effect July 1, 2021.