Florida Senate - 2024 SB 916
By Senator Calatayud
38-01138A-24 2024916__
1 A bill to be entitled
2 An act relating to the school readiness program;
3 amending s. 1002.81, F.S.; revising the definition of
4 the term “economically disadvantaged”; amending s.
5 1002.84, F.S.; revising requirements for the sliding
6 fee scale for families receiving school readiness
7 program services to include a new method to calculate
8 parent copayments at the time of eligibility
9 determination and annually thereafter, regardless of
10 the number of children; revising the methodology for
11 distributing school readiness program funds to
12 eligible providers; amending s. 1002.85, F.S.;
13 revising requirements for the data elements that must
14 be collected and reported by the Department of
15 Education; revising the date by which the report must
16 be implemented; amending s. 1002.89, F.S.; revising
17 the method for determining the annual allocation for
18 the school readiness program; deleting a provision
19 relating to certain expenditures from the Gold Seal
20 Quality Care Program allocation; deleting a provision
21 relating to certain expenditures from the differential
22 payment program allocation; deleting a provision
23 relating to certain expenditures from the special
24 needs differential allocation; amending s. 1002.90,
25 F.S.; requiring that provider reimbursement rates be
26 established based on certain information; deleting a
27 requirement for the Early Learning Programs Estimating
28 Conference to provide official cost-of-care
29 information to the Legislature; providing an effective
30 date.
31
32 WHEREAS, it is the intent of the Legislature to preserve
33 parent choice and ensure that young children have access to
34 high-quality early education opportunities that promote
35 kindergarten readiness and prepare them for later economic
36 success, and
37 WHEREAS, it is the intent of the Legislature to increase
38 workforce participation, strengthen this state’s economy, and
39 support low-income families on a path to reach economic self
40 sufficiency, NOW, THEREFORE,
41
42 Be It Enacted by the Legislature of the State of Florida:
43
44 Section 1. Subsection (6) of section 1002.81, Florida
45 Statutes, is amended to read:
46 1002.81 Definitions.—Consistent with the requirements of 45
47 C.F.R. parts 98 and 99 and as used in this part, the term:
48 (6) “Economically disadvantaged” means having a family
49 income that does not exceed 55 percent of the state median
50 income 150 percent of the federal poverty level and includes
51 being a child of a working migratory family as defined by 34
52 C.F.R. s. 200.81(d) or (f) or an agricultural worker who is
53 employed by more than one agricultural employer during the
54 course of a year, and whose income varies according to weather
55 conditions and market stability.
56 Section 2. Subsections (9) and (17) of section 1002.84,
57 Florida Statutes, are amended to read:
58 1002.84 Early learning coalitions; school readiness powers
59 and duties.—Each early learning coalition shall:
60 (9) Implement Establish a parent sliding fee scale that
61 provides for the calculation of a parent copayment at the time
62 of the eligibility determination and for an annual eligibility
63 redetermination thereafter, which increases in percentage with a
64 parent’s income, regardless of the number of children, as
65 follows:
66 (a) A parent whose income is at or below 60 percent of the
67 state median income is responsible for a copayment of 7 percent
68 of his or her income.
69 (b) A parent whose income is above 60 percent but at or
70 below 65 percent of the state median income is responsible for a
71 copayment of 9 percent of his or her income.
72 (c) A parent whose income is above 65 percent but at or
73 below 75 percent of the state median income is responsible for a
74 copayment of 11 percent of his or her income.
75 (d) A parent whose income is above 75 percent but at or
76 below 80 percent of the state median income is responsible for a
77 copayment of 13 percent of his or her income.
78 (e) A parent whose income is above 80 percent but at or
79 below 85 percent of the state median income is responsible for a
80 copayment of 15 percent of his or her income.
81
82 The parent copayment for a child who receives part-time care is
83 50 percent of the copayment amount calculated in paragraphs (a)
84 (e) that is not a barrier to families receiving school readiness
85 program services. A coalition may waive the copayment for an at
86 risk child or temporarily waive the copayment for a child whose
87 family’s income is at or below the federal poverty level or
88 whose family experiences a natural disaster or an event that
89 limits the parent’s ability to pay, such as incarceration,
90 placement in residential treatment, or becoming homeless, or an
91 emergency situation such as a household fire or burglary, or
92 while the parent is participating in parenting classes or
93 participating in an Early Head Start program or Head Start
94 Program. A parent may not transfer school readiness program
95 services to another school readiness program provider until the
96 parent has submitted documentation from the current school
97 readiness program provider to the early learning coalition
98 stating that the parent has satisfactorily fulfilled the
99 copayment obligation.
100 (17)(a) Distribute the school readiness program funds as
101 allocated in the General Appropriations Act to the eligible
102 providers using the provider cost of care or reimbursement rates
103 developed in accordance with s. 1002.90. following methodology:
104 1. For each county in the early learning coalition,
105 multiply the cost of care by care level as provided in s.
106 1002.90 by the county’s comparable wage factor provided in s.
107 1011.62(2).
108 2. If a county enacted a local ordinance before January 1,
109 2022, that establishes the county’s staff-to-children ratio for
110 licensed child care facilities below the ratio established in s.
111 402.305(4), multiply the provider reimbursement rates for that
112 county by the adjustment factor specified in the General
113 Appropriations Act.
114 3. Apply the weight established pursuant to s. 1002.90 for
115 each provider type to calculate the minimum provider
116 reimbursement rates by care level.
117 4. Multiply the weighted provider reimbursement rates by 22
118 percent to determine the amount of the school readiness
119 allocation an early learning coalition is eligible to retain
120 pursuant to s. 1002.89(4).
121 (b) Distribute to each eligible provider the minimum
122 provider reimbursement rate, by provider type and care level,
123 regardless of the provider’s private pay rate. All minimum
124 provider reimbursement rates shall be charged as direct services
125 pursuant to s. 1002.89.
126
127 Each early learning coalition with approved minimum provider
128 reimbursement rates for the infant to age 5 care levels that are
129 higher than the minimum provider reimbursement rates developed
130 in accordance with s. 1002.90 established in this subsection may
131 continue to implement its approved minimum provider
132 reimbursement rates until the rates established in this
133 subsection exceed its approved rates.
134 Section 3. Subsection (5) of section 1002.85, Florida
135 Statutes, is amended to read:
136 1002.85 Early learning coalition plans.—
137 (5) The department shall collect and report data on
138 coalition delivery of early learning programs. Data elements
139 must shall include, but are not limited to, measures related to
140 progress toward towards reducing the number of children on the
141 waiting list, the percentage of children served by the program
142 as compared to the number of administrative staff and overhead,
143 the percentage of children served compared to total number of
144 children younger than under the age of 5 years whose family
145 income is below 55 percent of the state median income 150
146 percent of the federal poverty level, provider payment
147 processes, fraud intervention, child attendance and stability,
148 use of child care resource and referral, and kindergarten
149 readiness outcomes for children in the Voluntary Prekindergarten
150 Education Program or the school readiness program upon entry
151 into kindergarten. The department shall request input from the
152 coalitions and school readiness program providers before
153 finalizing the format and data to be used. The report must shall
154 be implemented beginning July 1, 2025 2014, and results of the
155 report must be included in the annual report under s. 1002.82.
156 Section 4. Subsection (1) of section 1002.89, Florida
157 Statutes, is amended to read:
158 1002.89 School readiness program; funding.—
159 (1) DETERMINATION OF EARLY LEARNING COALITION SCHOOL
160 READINESS PROGRAM FUNDING.—Funding for the school readiness
161 program shall be used by the early learning coalitions in
162 accordance with this part and the General Appropriations Act.
163 (a) School readiness program allocation.—If the annual
164 allocation for the school readiness program is not determined in
165 the General Appropriations Act or the substantive bill
166 implementing the General Appropriations Act, it must shall be
167 determined based on a calculation that considers, at a minimum,
168 full-time equivalent program enrollment estimates per care
169 level, approved cost of care or provider reimbursement rates
170 developed in accordance with s. 1002.90, the total school
171 readiness eligible population as adopted by the Early Learning
172 Programs Estimating Conference pursuant to s. 216.136(8), and
173 coalition administrative and indirect service costs as allowed
174 pursuant to s. 1002.89(4). as follows:
175 1. For each county in the early learning coalition, the
176 total school readiness eligible population, as adopted by the
177 Early Learning Programs Estimating Conference pursuant to s.
178 216.136(8), shall be multiplied by the county’s comparable wage
179 factor provided in s. 1011.62(2).
180 2. If a county passed a local ordinance before January 1,
181 2022, that establishes the county’s staff-to-children ratio for
182 licensed child care facilities below the ratio established in s.
183 402.305(4), multiply the product calculated in subparagraph 1.
184 by the adjustment factor specified in the General Appropriations
185 Act.
186 3. Each county’s school readiness allocation shall be based
187 on the county’s proportionate share of the total adjusted
188 eligible school readiness population.
189 (b) Gold Seal Quality Care Program allocation.—There is
190 created the Gold Seal Quality Care Program allocation to provide
191 eligible school readiness program providers the rate
192 differential established pursuant to s. 1002.945(6). Subject to
193 legislative appropriation, all expenditures from the Gold Seal
194 Quality Care Program allocation shall be used by the department
195 to help meet federal targeted requirements for improving quality
196 to the extent allowable in the state’s approved Child Care and
197 Development Fund Plan.
198 (c) Differential payment program allocation.—There is
199 created the differential payment program allocation to provide
200 eligible school readiness program providers the differential pay
201 established pursuant to s. 1002.82(2)(o). Subject to legislative
202 appropriation, all expenditures from the differential payment
203 program allocation shall be used by the department to help meet
204 federal targeted requirements for improving quality to the
205 extent allowable in the state’s approved Child Care and
206 Development Fund Plan.
207 (d) Special needs differential allocation.—There is created
208 the special needs differential allocation to assist eligible
209 school readiness program providers to implement the special
210 needs rate provisions defined in the state’s approved Child Care
211 and Development Fund Plan. Subject to legislative appropriation,
212 each early learning coalition shall be reimbursed based on
213 actual expenditures. All expenditures from the special needs
214 differential allocation shall be used by the department to help
215 meet federal targeted requirements for improving quality to the
216 extent allowable in the state’s approved plan.
217 Section 5. Section 1002.90, Florida Statutes, is amended to
218 read:
219 1002.90 School readiness cost-of-care information.
220 Annually, the principals of the Early Learning Programs
221 Estimating Conference established in s. 216.136(8) shall develop
222 official cost-of-care information or provider reimbursement
223 rates based on actual school readiness direct services program
224 expenditures and information provided pursuant to s. 1002.895.
225 Conference principals shall agree on the cost of child care by
226 care level and provider type, the provider type weights if
227 applicable, and the methods of computation. The department shall
228 provide the conference principals with all requested and
229 necessary data to develop such information. The data may include
230 a matrix by early learning coalition of any full-time equivalent
231 changes made by the Division of Early Learning as part of its
232 administration of the school readiness program. The Early
233 Learning Programs Estimating Conference shall provide the
234 official cost-of-care information to the Legislature at least 90
235 days before the scheduled annual legislative session.
236 Section 6. This act shall take effect July 1, 2024.