Bill Text: FL S1282 | 2021 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Early Learning and Early Grade Success
Spectrum:
Status: (Introduced - Dead) 2021-04-26 - Laid on Table, companion bill(s) passed, see CS/CS/HB 419 (Ch. 2021-10), CS/HB 7011 (Ch. 2021-9) [S1282 Detail]
Download: Florida-2021-S1282-Introduced.html
Bill Title: Early Learning and Early Grade Success
Spectrum:
Status: (Introduced - Dead) 2021-04-26 - Laid on Table, companion bill(s) passed, see CS/CS/HB 419 (Ch. 2021-10), CS/HB 7011 (Ch. 2021-9) [S1282 Detail]
Download: Florida-2021-S1282-Introduced.html
Florida Senate - 2021 SB 1282
By Senator Harrell
25-00633A-21 20211282__
1 A bill to be entitled
2 An act relating to early learning and early grade
3 success; amending s. 20.055, F.S.; conforming
4 provisions to changes made by the act; amending s.
5 20.15, F.S.; deleting the Office of Early Learning
6 from within the Office of Independent Education and
7 Parental Choice of the Department of Education;
8 establishing the Division of Early Learning within the
9 department; amending s. 39.202, F.S.; conforming
10 provisions to changes made by the act; amending s.
11 39.604, F.S.; revising approved child care or early
12 education settings for the placement of certain
13 children; conforming a cross-reference to changes made
14 by the act; amending s. 212.08, F.S.; conforming
15 provisions and cross-references to changes made by the
16 act; ss. 216.136, 383.14, 391.308, and 402.26, F.S.;
17 conforming provisions to changes made by the act;
18 transferring, renumbering, and amending s. 402.281,
19 F.S.; revising the requirements of the Gold Seal
20 Quality Care program; requiring the State Board of
21 Education to adopt specified rules; revising
22 accrediting association requirements; providing
23 requirements for accrediting associations; requiring
24 the department to establish a specified process;
25 providing requirements for such process; deleting a
26 requirement for the department to consult certain
27 entities for specified purposes; providing
28 requirements for certain providers to maintain Gold
29 Seal Quality Care status; providing exemptions to
30 certain ad valorem taxes; providing rate differentials
31 to certain providers; providing for a type two
32 transfer of the Gold Seal Quality Care program in the
33 Department of Children and Families to the Department
34 of Education; providing for the continuation of
35 certain contracts and interagency agreements; amending
36 s. 402.315, F.S.; conforming a cross-reference;
37 amending s. 402.56, F.S.; revising the membership of
38 the Children and Youth Cabinet; amending ss. 411.227,
39 414.295, 1000.01, 1000.02, 1000.03, 1000.04, 1000.21,
40 1001.02, 1001.03, 1001.10, and 1001.11, F.S.;
41 conforming provisions to changes made by the act;
42 repealing s. 1001.213, F.S., relating to the Office of
43 Early Learning; amending ss. 1001.215, 1001.23,
44 1001.70, 1001.706, F.S.; conforming provisions to
45 changes made by the act; amending ss. 1002.22,
46 1002.32, F.S.; conforming cross-references; amending
47 ss. 1002.34, and 1002.36, F.S.; conforming provisions
48 and to changes made by the act; amending s. 1002.53,
49 F.S.; revising the requirements for certain program
50 provider profiles; requiring each parent who enrolls
51 his or her child in the Voluntary Prekindergarten
52 Education Program to allow his or her child to
53 participate in a specified screening and progress
54 monitoring program; amending s. 1002.55, F.S.;
55 authorizing certain child development programs
56 operating on a military installation to be private
57 prekindergarten providers within the Voluntary
58 Prekindergarten Education Program; providing that a
59 private prekindergarten provider is ineligible for
60 participation in the program under certain
61 circumstances; revising requirements for
62 prekindergarten instructors; revising requirements for
63 specified courses for prekindergarten instructors;
64 providing that a private school administrator who
65 holds a specified certificate meets certain credential
66 requirements; providing liability insurance
67 requirements for child development programs operating
68 on a military installation participating in the
69 program; requiring early learning coalitions to verify
70 private prekindergarten provider compliance with
71 specified provisions; requiring such coalitions to
72 remove a provider from eligibility under specified
73 circumstances; amending s. 1002.57, F.S.; revising the
74 minimum standards for a credential for certain
75 prekindergarten directors; amending s. 1002.59, F.S.;
76 revising requirements for emergent literacy and
77 performance standards training courses for
78 prekindergarten instructors; requiring the department
79 to make certain courses available; amending s.
80 1002.61, F.S.; authorizing certain child development
81 programs operating on a military installation to be
82 private prekindergarten providers within the summer
83 Voluntary Prekindergarten Education Program; revising
84 the criteria for a teacher to receive priority for the
85 summer program in school district; requiring a child
86 development program operating on a military
87 installation to comply with specified criteria;
88 requiring early learning coalitions to verify
89 specified information; providing for the removal of a
90 program provider or public school from eligibility
91 under certain circumstances; amending s. 1002.63,
92 F.S.; requiring early learning coalitions to verify
93 specified information; providing for the removal of
94 public schools from the program under certain
95 circumstances; amending s. 1002.67, F.S.; revising the
96 performance standards for the Voluntary
97 Prekindergarten Education Program; requiring the
98 department to review and revise performance standards
99 on a specified schedule; revising curriculum
100 requirements for the program; requiring the department
101 to adopt procedures for the review and approval of
102 curricula for the program; deleting a required
103 preassessment and postassessment for the program;
104 creating s. 1002.68, F.S.; requiring providers of the
105 Voluntary Prekindergarten Education Program to
106 participate in a specified screening and progress
107 monitoring program; providing specified uses for the
108 results of such program; requiring certain portions of
109 the screening and progress monitoring program to be
110 administered by individuals who meet specified
111 criteria; requiring the results of specified
112 assessments to be reported to the parents of
113 participating students; providing requirements for
114 assessments of voluntary prekindergarten education
115 classrooms; providing department duties and
116 responsibilities relating to such assessments;
117 providing requirements for a specified methodology
118 used to calculate the results of such assessments;
119 requiring the department to establish a designation
120 system for program providers; providing for the
121 adoption of a minimum performance metric or
122 designation for program participation; providing
123 procedures for a provider whose score or designation
124 falls below the minimum requirement; providing for the
125 revocation of program eligibility for a provider;
126 authorizing the department to grant good cause
127 exemptions to providers under certain circumstances;
128 providing department and provider requirements for
129 such exemptions; requiring an annual meeting of
130 representatives from specified entities to develop
131 certain strategies; repealing s. 1002.69, F.S.,
132 relating to statewide kindergarten screening and
133 readiness rates; amending ss. 1002.71 and 1002.72,
134 F.S.; conforming provisions to changes made by the
135 act; amending s. 1002.73, F.S.; requiring the
136 department to adopt a standard statewide provider
137 contract; requiring such contract to be published on
138 the department’s website; providing requirements for
139 such contract; prohibiting providers from offering
140 services during an appeal of termination from the
141 program; providing applicability; requiring the
142 department to adopt specified procedures relating to
143 the Voluntary Prekindergarten Education Program;
144 providing duties of the department relating to such
145 program; repealing s. 1002.75, F.S., relating to the
146 powers and duties of the Office of Early Learning;
147 amending ss. 1002.79 and 1002.81, F.S.; conforming
148 provisions and cross-references to changes made by the
149 act; amending s. 1002.82, F.S.; providing duties of
150 the department relating to early learning; exempting
151 certain child development programs operating on a
152 military installation from specified inspection
153 requirements; requiring the department to monitor
154 specified standards and benchmarks for certain
155 purposes; revising the age range used for specified
156 standards; requiring the department to provide
157 specified technical support; revising requirements for
158 a specified assessment program; requiring the
159 department to adopt requirements to make certain
160 contracted slots available to serve specified
161 populations; requiring the department adopt certain
162 standards and outcome measures including specified
163 surveys; requiring the department to adopt procedures
164 for the merging of early learning coalitions; revising
165 the requirements for a specified report; amending s.
166 1002.83, F.S.; revising the number of authorized early
167 learning coalitions; revising the number of and
168 requirements for members of an early learning
169 coalition; revising and adding requirements for such
170 coalitions; amending s. 1002.84, F.S.; revising early
171 learning coalition responsibilities and duties;
172 revising requirements for the waiver of specified
173 copayments; amending s. 1002.85, F.S.; revising the
174 requirements for school readiness program plans;
175 amending s. 1002.88, F.S.; authorizing certain child
176 development programs operating on military
177 installations to participate in the school readiness
178 program; revising requirements to deliver such
179 program; providing that a specified annual inspection
180 for a child development program participating in the
181 school readiness program meets certain provider
182 requirements; providing requirements for a child
183 development program to meet certain liability
184 requirements; amending ss. 1002.89, 1002.895, and
185 1002.91, F.S.; conforming provisions and cross
186 references to changes made by the act; amending s.
187 1002.92, F.S.; revising the requirements for specified
188 services that child care resources and referral
189 agencies must provide; amending s. 1002.93, F.S.;
190 conforming provisions to changes made by the act;
191 repealing s. 1002.94, F.S., relating to the Child Care
192 Executive Partnership Program; amending ss. 1002.95,
193 1002.96, 1002.97, 1002.995, and 1007.01, F.S.;
194 conforming provisions to changes made by the act;
195 creating s. 1008.2125, F.S.; creating the coordinated
196 screening and progress monitoring program within the
197 department for specified purposes; requiring the
198 Commissioner of Education to design such program;
199 providing requirements for the administration of such
200 program and the use of results from the program;
201 providing requirements for the commissioner; creating
202 the Council for Early Grade Success; providing duties
203 of the council; providing membership of the council;
204 requiring the council to elect a chair and a vice
205 chair; providing requirements for such appointments;
206 providing for per diem for members of the council;
207 providing meeting requirements for the council;
208 providing for a quorum of the council; amending s.
209 1008.25, F.S.; authorizing certain students who
210 enrolled in the Voluntary Prekindergarten Education
211 Program to receive intensive reading interventions
212 using specified funds; amending ss. 1008.31, 1008.32,
213 and 1008.33, F.S.; conforming provisions to changes
214 made by the act; amending s. 1011.62, F.S.; revising
215 the research-based reading instruction allocation to
216 authorize the use of such funds for certain intensive
217 reading interventions for certain students; revising
218 the requirements for specified reading instruction and
219 interventions; defining the term “evidence-based”;
220 providing appropriations; providing requirements for
221 the use of such funds; providing an effective date.
222
223 Be It Enacted by the Legislature of the State of Florida:
224
225 Section 1. Paragraphs (a) and (d) of subsection (1) of
226 section 20.055, Florida Statutes, are amended to read:
227 20.055 Agency inspectors general.—
228 (1) As used in this section, the term:
229 (a) “Agency head” means the Governor, a Cabinet officer, or
230 a secretary or executive director as those terms are defined in
231 s. 20.03, the chair of the Public Service Commission, the
232 Director of the Office of Insurance Regulation of the Financial
233 Services Commission, the Director of the Office of Financial
234 Regulation of the Financial Services Commission, the board of
235 directors of the Florida Housing Finance Corporation, the
236 executive director of the Office of Early Learning, and the
237 Chief Justice of the State Supreme Court.
238 (d) “State agency” means each department created pursuant
239 to this chapter and the Executive Office of the Governor, the
240 Department of Military Affairs, the Fish and Wildlife
241 Conservation Commission, the Office of Insurance Regulation of
242 the Financial Services Commission, the Office of Financial
243 Regulation of the Financial Services Commission, the Public
244 Service Commission, the Board of Governors of the State
245 University System, the Florida Housing Finance Corporation, the
246 Office of Early Learning, and the state courts system.
247 Section 2. Present paragraphs (c) through (j) of subsection
248 (3) of section 20.15, Florida Statutes, are redesignated as
249 paragraphs (d) through (k), respectively, a new paragraph (c) is
250 added to that subsection, and present paragraph (i) of
251 subsection (3) and subsection (5) of that section are amended,
252 to read:
253 20.15 Department of Education.—There is created a
254 Department of Education.
255 (3) DIVISIONS.—The following divisions of the Department of
256 Education are established:
257 (c) Division of Early Learning.
258 (j)(i) The Office of Independent Education and Parental
259 Choice, which must include the following offices:
260 1. The Office of Early Learning, which shall be
261 administered by an executive director who is fully accountable
262 to the Commissioner of Education. The executive director shall,
263 pursuant to s. 1001.213, administer the early learning programs,
264 including the school readiness program and the Voluntary
265 Prekindergarten Education Program at the state level.
266 2. the Office of K-12 School Choice, which shall be
267 administered by an executive director who is fully accountable
268 to the Commissioner of Education.
269 (5) POWERS AND DUTIES.—The State Board of Education and the
270 Commissioner of Education shall assign to the divisions such
271 powers, duties, responsibilities, and functions as are necessary
272 to ensure the greatest possible coordination, efficiency, and
273 effectiveness of education for students in Early Learning-20 K
274 20 education under the jurisdiction of the State Board of
275 Education.
276 Section 3. Paragraph (a) of subsection (2) of section
277 39.202, Florida Statutes, is amended to read:
278 39.202 Confidentiality of reports and records in cases of
279 child abuse or neglect.—
280 (2) Except as provided in subsection (4), access to such
281 records, excluding the name of, or other identifying information
282 with respect to, the reporter which shall be released only as
283 provided in subsection (5), shall be granted only to the
284 following persons, officials, and agencies:
285 (a) Employees, authorized agents, or contract providers of
286 the department, the Department of Health, the Agency for Persons
287 with Disabilities, the Department of Education Office of Early
288 Learning, or county agencies responsible for carrying out:
289 1. Child or adult protective investigations;
290 2. Ongoing child or adult protective services;
291 3. Early intervention and prevention services;
292 4. Healthy Start services;
293 5. Licensure or approval of adoptive homes, foster homes,
294 child care facilities, facilities licensed under chapter 393,
295 family day care homes, providers who receive school readiness
296 funding under part VI of chapter 1002, or other homes used to
297 provide for the care and welfare of children;
298 6. Employment screening for caregivers in residential group
299 homes; or
300 7. Services for victims of domestic violence when provided
301 by certified domestic violence centers working at the
302 department’s request as case consultants or with shared clients.
303
304 Also, employees or agents of the Department of Juvenile Justice
305 responsible for the provision of services to children, pursuant
306 to chapters 984 and 985.
307 Section 4. Paragraph (b) of subsection (5) of section
308 39.604, Florida Statutes, is amended to read:
309 39.604 Rilya Wilson Act; short title; legislative intent;
310 child care; early education; preschool.—
311 (5) EDUCATIONAL STABILITY.—Just as educational stability is
312 important for school-age children, it is also important to
313 minimize disruptions to secure attachments and stable
314 relationships with supportive caregivers of children from birth
315 to school age and to ensure that these attachments are not
316 disrupted due to placement in out-of-home care or subsequent
317 changes in out-of-home placement.
318 (b) If it is not in the best interest of the child for him
319 or her to remain in his or her child care or early education
320 setting upon entry into out-of-home care, the caregiver must
321 work with the case manager, guardian ad litem, child care and
322 educational staff, and educational surrogate, if one has been
323 appointed, to determine the best setting for the child. Such
324 setting may be a child care provider that receives a Gold Seal
325 Quality Care designation pursuant to s. 1002.945 s. 402.281, a
326 provider participating in a quality rating system, a licensed
327 child care provider, a public school provider, or a license
328 exempt child care provider, including religious-exempt and
329 registered providers, and nonpublic schools.
330 Section 5. Paragraph (m) of subsection (5) of section
331 212.08, Florida Statutes, is amended to read:
332 212.08 Sales, rental, use, consumption, distribution, and
333 storage tax; specified exemptions.—The sale at retail, the
334 rental, the use, the consumption, the distribution, and the
335 storage to be used or consumed in this state of the following
336 are hereby specifically exempt from the tax imposed by this
337 chapter.
338 (5) EXEMPTIONS; ACCOUNT OF USE.—
339 (m) Educational materials purchased by certain child care
340 facilities.—Educational materials, such as glue, paper, paints,
341 crayons, unique craft items, scissors, books, and educational
342 toys, purchased by a child care facility that meets the
343 standards delineated in s. 402.305, is licensed under s.
344 402.308, holds a current Gold Seal Quality Care designation
345 pursuant to s. 1002.945 s. 402.281, and provides basic health
346 insurance to all employees are exempt from the taxes imposed by
347 this chapter. For purposes of this paragraph, the term “basic
348 health insurance” shall be defined and promulgated in rules
349 developed jointly by the Department of Education Children and
350 Families, the Agency for Health Care Administration, and the
351 Financial Services Commission.
352 Section 6. Paragraph (b) of subsection (8) of section
353 216.136, Florida Statutes, is amended to read:
354 216.136 Consensus estimating conferences; duties and
355 principals.—
356 (8) EARLY LEARNING PROGRAMS ESTIMATING CONFERENCE.—
357 (b) The Division Office of Early Learning shall provide
358 information on needs and waiting lists for school readiness
359 programs, and information on the needs for the Voluntary
360 Prekindergarten Education Program, as requested by the Early
361 Learning Programs Estimating Conference or individual conference
362 principals in a timely manner.
363 Section 7. Paragraph (b) of subsection (1) and paragraph
364 (b) of subsection (2) of section 383.14, Florida Statutes, are
365 amended to read:
366 383.14 Screening for metabolic disorders, other hereditary
367 and congenital disorders, and environmental risk factors.—
368 (1) SCREENING REQUIREMENTS.—To help ensure access to the
369 maternal and child health care system, the Department of Health
370 shall promote the screening of all newborns born in Florida for
371 metabolic, hereditary, and congenital disorders known to result
372 in significant impairment of health or intellect, as screening
373 programs accepted by current medical practice become available
374 and practical in the judgment of the department. The department
375 shall also promote the identification and screening of all
376 newborns in this state and their families for environmental risk
377 factors such as low income, poor education, maternal and family
378 stress, emotional instability, substance abuse, and other high
379 risk conditions associated with increased risk of infant
380 mortality and morbidity to provide early intervention,
381 remediation, and prevention services, including, but not limited
382 to, parent support and training programs, home visitation, and
383 case management. Identification, perinatal screening, and
384 intervention efforts shall begin prior to and immediately
385 following the birth of the child by the attending health care
386 provider. Such efforts shall be conducted in hospitals,
387 perinatal centers, county health departments, school health
388 programs that provide prenatal care, and birthing centers, and
389 reported to the Office of Vital Statistics.
390 (b) Postnatal screening.—A risk factor analysis using the
391 department’s designated risk assessment instrument shall also be
392 conducted as part of the medical screening process upon the
393 birth of a child and submitted to the department’s Office of
394 Vital Statistics for recording and other purposes provided for
395 in this chapter. The department’s screening process for risk
396 assessment shall include a scoring mechanism and procedures that
397 establish thresholds for notification, further assessment,
398 referral, and eligibility for services by professionals or
399 paraprofessionals consistent with the level of risk. Procedures
400 for developing and using the screening instrument, notification,
401 referral, and care coordination services, reporting
402 requirements, management information, and maintenance of a
403 computer-driven registry in the Office of Vital Statistics which
404 ensures privacy safeguards must be consistent with the
405 provisions and plans established under chapter 411, Pub. L. No.
406 99-457, and this chapter. Procedures established for reporting
407 information and maintaining a confidential registry must include
408 a mechanism for a centralized information depository at the
409 state and county levels. The department shall coordinate with
410 existing risk assessment systems and information registries. The
411 department must ensure, to the maximum extent possible, that the
412 screening information registry is integrated with the
413 department’s automated data systems, including the Florida On
414 line Recipient Integrated Data Access (FLORIDA) system. Tests
415 and screenings must be performed by the State Public Health
416 Laboratory, in coordination with Children’s Medical Services, at
417 such times and in such manner as is prescribed by the department
418 after consultation with the Genetics and Newborn Screening
419 Advisory Council and the Department of Education Office of Early
420 Learning.
421 (2) RULES.—
422 (b) After consultation with the Department of Education
423 Office of Early Learning, the department shall adopt and enforce
424 rules requiring every newborn in this state to be screened for
425 environmental risk factors that place children and their
426 families at risk for increased morbidity, mortality, and other
427 negative outcomes.
428 Section 8. Paragraph (h) of subsection (2) of section
429 391.308, Florida Statutes, is amended to read:
430 391.308 Early Steps Program.—The department shall implement
431 and administer part C of the federal Individuals with
432 Disabilities Education Act (IDEA), which shall be known as the
433 “Early Steps Program.”
434 (2) DUTIES OF THE DEPARTMENT.—The department shall:
435 (h) Promote interagency cooperation and coordination, with
436 the Medicaid program, the Department of Education program
437 pursuant to part B of the federal Individuals with Disabilities
438 Education Act, and programs providing child screening such as
439 the Florida Diagnostic and Learning Resources System, the Office
440 of Early Learning, Healthy Start, and the Help Me Grow program.
441 1. Coordination with the Medicaid program shall be
442 developed and maintained through written agreements with the
443 Agency for Health Care Administration and Medicaid managed care
444 organizations as well as through active and ongoing
445 communication with these organizations. The department shall
446 assist local program offices to negotiate agreements with
447 Medicaid managed care organizations in the service areas of the
448 local program offices. Such agreements may be formal or
449 informal.
450 2. Coordination with education programs pursuant to part B
451 of the federal Individuals with Disabilities Education Act shall
452 be developed and maintained through written agreements with the
453 Department of Education. The department shall assist local
454 program offices to negotiate agreements with school districts in
455 the service areas of the local program offices.
456 Section 9. Subsection (6) of section 402.26, Florida
457 Statutes, is amended to read:
458 402.26 Child care; legislative intent.—
459 (6) It is the intent of the Legislature that a child care
460 facility licensed pursuant to s. 402.305 or a child care
461 facility exempt from licensing pursuant to s. 402.316, that
462 achieves Gold Seal Quality status pursuant to s. 402.281, be
463 considered an educational institution for the purpose of
464 qualifying for exemption from ad valorem tax pursuant to s.
465 196.198.
466 Section 10. Section 402.281, Florida Statutes, is
467 transferred, renumbered as section 1002.945, Florida Statutes,
468 and amended to read:
469 1002.945 402.281 Gold Seal Quality Care program.—
470 (1)(a) There is established within the Department of
471 Education the Gold Seal Quality Care program.
472 (b) A child care facility, large family child care home, or
473 family day care home that is accredited by an accrediting
474 association approved by the Department of Education under
475 subsection (3) and meets all other requirements shall, upon
476 application to the department, receive a separate “Gold Seal
477 Quality Care” designation.
478 (2) The State Board of Education department shall adopt
479 rules establishing Gold Seal Quality Care accreditation
480 standards using nationally recognized accrediting standards and
481 input from accrediting associations based on the applicable
482 accrediting standards of the National Association for the
483 Education of Young Children (NAEYC), the National Association of
484 Family Child Care, and the National Early Childhood Program
485 Accreditation Commission.
486 (3)(a) In order to be approved by the Department of
487 Education for participation in the Gold Seal Quality Care
488 program, an accrediting association must apply to the department
489 and demonstrate that it:
490 1. Is a recognized accrediting association.
491 2. Has accrediting standards that substantially meet or
492 exceed the Gold Seal Quality Care standards adopted by the state
493 board department under subsection (2).
494 3. Is a registered corporation with the Department of
495 State.
496 4. Can provide evidence that the process for accreditation
497 has, at a minimum, all of the following components:
498 a. Clearly defined prerequisites that a child care provider
499 must meet before beginning the accreditation process. However,
500 accreditation may not be granted to a child care facility, large
501 family child care home, or family day care home before the site
502 is operational and is attended by children.
503 b. Procedures for completion of a self-study and
504 comprehensive onsite verification process for each classroom
505 that documents compliance with accrediting standards.
506 c. A training process for accreditation verifiers to ensure
507 inter-rater reliability.
508 d. Ongoing compliance procedures that include requiring
509 each accredited child care facility, large family child care
510 home, and family day care home to file an annual report with the
511 accrediting association and risk-based, onsite auditing
512 protocols for accredited child care facilities, large family
513 child care homes, and family day care homes.
514 e. Procedures for the revocation of accreditation due to
515 failure to maintain accrediting standards as evidenced by sub
516 subparagraph d. or any other relevant information received by
517 the accrediting association.
518 f. Accreditation renewal procedures that include an onsite
519 verification occurring at least every 5 years.
520 g. A process for verifying continued accreditation
521 compliance in the event of a transfer of ownership of
522 facilities.
523 h. A process to communicate issues that arise during the
524 accreditation period with governmental entities that have a
525 vested interest in the Gold Seal Quality Care program, including
526 the Department of Education, the Department of Children and
527 Families, the Department of Health, local licensing entities if
528 applicable, and the early learning coalition.
529 (b) The Department of Education shall establish a process
530 that verifies that the accrediting association meets the
531 provisions of paragraph (a), which must include an auditing
532 program and any other procedures that may reasonably determine
533 an accrediting association’s compliance with this section. If an
534 accrediting association is not in compliance and fails to cure
535 its deficiencies within 30 days, the department shall recommend
536 to the state board termination of the accrediting association’s
537 participation as an accrediting association in the program for a
538 period of at least 2 years but no more than 5 years. If an
539 accrediting association is removed from being an approved
540 accrediting association, each child care provider accredited by
541 that association shall have up to 1 year to obtain a new
542 accreditation from a department-approved accreditation
543 association.
544 (c) If an accrediting association has granted accreditation
545 to a child care facility, large family child care home, or
546 family day care under fraudulent terms or has failed to conduct
547 onsite verifications, the accrediting association shall be
548 liable for the repayment of any rate differentials paid under
549 subsection (6).
550 (b) In approving accrediting associations, the department
551 shall consult with the Department of Education, the Florida Head
552 Start Directors Association, the Florida Association of Child
553 Care Management, the Florida Family Child Care Home Association,
554 the Florida Children’s Forum, the Florida Association for the
555 Education of the Young, the Child Development Education
556 Alliance, the Florida Association of Academic Nonpublic Schools,
557 the Association of Early Learning Coalitions, providers
558 receiving exemptions under s. 402.316, and parents.
559 (4) In order to obtain and maintain a designation as a Gold
560 Seal Quality Care provider, a child care facility, large family
561 child care home, or family day care home must meet the following
562 additional criteria:
563 (a) The child care provider must not have had any class I
564 violations, as defined by rule of the Department of Children and
565 Families, within the 2 years preceding its application for
566 designation as a Gold Seal Quality Care provider. Commission of
567 a class I violation shall be grounds for termination of the
568 designation as a Gold Seal Quality Care provider until the
569 provider has no class I violations for a period of 2 years.
570 (b) The child care provider must not have had three or more
571 class II violations, as defined by rule of the Department of
572 Children and Families, within the 2 years preceding its
573 application for designation as a Gold Seal Quality Care
574 provider. Commission of three or more class II violations within
575 a 2-year period shall be grounds for termination of the
576 designation as a Gold Seal Quality Care provider until the
577 provider has no class II violations for a period of 1 year.
578 (c) The child care provider must not have been cited for
579 the same class III violation, as defined by rule of the
580 Department of Children and Families, three or more times and
581 failed to correct the violation within 1 year after the date of
582 each citation, within the 2 years preceding its application for
583 designation as a Gold Seal Quality Care provider. Commission of
584 the same class III violation three or more times and failure to
585 correct within the required time during a 2-year period may be
586 grounds for termination of the designation as a Gold Seal
587 Quality Care provider until the provider has no class III
588 violations for a period of 1 year.
589 (d) Notwithstanding paragraph (a), if the Department of
590 Education determines through a formal process that a provider
591 has been in business for at least 5 years and has no other class
592 I violations recorded, the department may recommend to the state
593 board that the provider maintain its Gold Seal Quality Care
594 status. The state board’s determination regarding such
595 provider’s status is final.
596 (5) A child care facility licensed under s. 402.305 or a
597 child care facility exempt from licensing under s. 402.316 which
598 achieves Gold Seal Quality status under this section shall be
599 considered an educational institution for the purpose of
600 qualifying for exemption from ad valorem tax under s. 196.198.
601 (6) A child care facility licensed under s. 402.305 or a
602 child care facility exempt from licensing pursuant to s. 402.316
603 which achieves Gold Seal Quality status under this section and
604 which participates in the school readiness program shall receive
605 a minimum of a 20 percent rate differential for each enrolled
606 school readiness child by care level and unit of child care.
607 (7)(5) The state board Department of Children and Families
608 shall adopt rules under ss. 120.536(1) and 120.54 which provide
609 criteria and procedures for reviewing and approving accrediting
610 associations for participation in the Gold Seal Quality Care
611 program and, conferring and revoking designations of Gold Seal
612 Quality Care providers, and classifying violations.
613 Section 11. Type two transfer from the Department of
614 Children and Families.—
615 (1) All powers, duties, functions, records, offices,
616 personnel, associated administrative support positions,
617 property, pending issues, existing contracts, administrative
618 authority, administrative rules, and unexpended balances of
619 appropriations, allocations, and other funds relating to the
620 Gold Seal Quality Care program within the Department of Children
621 and Families are transferred by a type two transfer, as defined
622 in s. 20.06(2), Florida Statutes, to the Department of
623 Education.
624 (2) Any binding contract or interagency agreement existing
625 before July 1, 2021, between the Department of Children and
626 Families, or an entity or agent of the department, and any other
627 agency, entity, or person relating to the Gold Seal Quality Care
628 program shall continue as a binding contract or agreement for
629 the remainder of the term of such contract or agreement on the
630 successor entity responsible for the program, activity, or
631 functions relative to the contract or agreement.
632 Section 12. Subsection (5) of section 402.315, Florida
633 Statutes, is amended to read:
634 402.315 Funding; license fees.—
635 (5) All moneys collected by the department for child care
636 licensing shall be held in a trust fund of the department to be
637 reallocated to the department during the following fiscal year
638 to fund child care licensing activities, including the Gold Seal
639 Quality Care program created pursuant to s. 1002.945 s. 402.281.
640 Section 13. Paragraph (a) of subsection (4) of section
641 402.56, Florida Statutes, is amended to read:
642 402.56 Children’s cabinet; organization; responsibilities;
643 annual report.—
644 (4) MEMBERS.—The cabinet shall consist of 16 members
645 including the Governor and the following persons:
646 (a)1. The Secretary of Children and Families;
647 2. The Secretary of Juvenile Justice;
648 3. The director of the Agency for Persons with
649 Disabilities;
650 4. A representative from the Division The director of the
651 Office of Early Learning;
652 5. The State Surgeon General;
653 6. The Secretary of Health Care Administration;
654 7. The Commissioner of Education;
655 8. The director of the Statewide Guardian Ad Litem Office;
656 9. A representative of the Office of Adoption and Child
657 Protection;
658 10. A superintendent of schools, appointed by the Governor;
659 and
660 11. Five members who represent children and youth advocacy
661 organizations and who are not service providers, appointed by
662 the Governor.
663 Section 14. Paragraph (d) of subsection (1), paragraph (a)
664 of subsection (2), and paragraph (c) of subsection (3) of
665 section 411.227, Florida Statutes, are amended to read:
666 411.227 Components of the Learning Gateway.—The Learning
667 Gateway system consists of the following components:
668 (1) COMMUNITY EDUCATION STRATEGIES AND FAMILY-ORIENTED
669 ACCESS.—
670 (d) In collaboration with other local resources, the
671 demonstration projects shall develop public awareness strategies
672 to disseminate information about developmental milestones,
673 precursors of learning problems and other developmental delays,
674 and the service system that is available. The information should
675 target parents of children from birth through age 9 and should
676 be distributed to parents, health care providers, and caregivers
677 of children from birth through age 9. A variety of media should
678 be used as appropriate, such as print, television, radio, and a
679 community-based Internet website, as well as opportunities such
680 as those presented by parent visits to physicians for well-child
681 checkups. The Learning Gateway Steering Committee shall provide
682 technical assistance to the local demonstration projects in
683 developing and distributing educational materials and
684 information.
685 1. Public awareness strategies targeting parents of
686 children from birth through age 5 shall be designed to provide
687 information to public and private preschool programs, child care
688 providers, pediatricians, parents, and local businesses and
689 organizations. These strategies should include information on
690 the school readiness performance standards adopted by the
691 Department of Education Office of Early Learning.
692 2. Public awareness strategies targeting parents of
693 children from ages 6 through 9 must be designed to disseminate
694 training materials and brochures to parents and public and
695 private school personnel, and must be coordinated with the local
696 school board and the appropriate school advisory committees in
697 the demonstration projects. The materials should contain
698 information on state and district proficiency levels for grades
699 K-3.
700 (2) SCREENING AND DEVELOPMENTAL MONITORING.—
701 (a) In coordination with the Office of Early Learning, the
702 Department of Education, and the Florida Pediatric Society, and
703 using information learned from the local demonstration projects,
704 the Learning Gateway Steering Committee shall establish
705 guidelines for screening children from birth through age 9. The
706 guidelines should incorporate recent research on the indicators
707 most likely to predict early learning problems, mild
708 developmental delays, child-specific precursors of school
709 failure, and other related developmental indicators in the
710 domains of cognition; communication; attention; perception;
711 behavior; and social, emotional, sensory, and motor functioning.
712 (3) EARLY EDUCATION, SERVICES AND SUPPORTS.—
713 (c) The steering committee, in cooperation with the
714 Department of Children and Families and, the Department of
715 Education, and the Office of Early Learning, shall identify the
716 elements of an effective research-based curriculum for early
717 care and education programs.
718 Section 15. Subsection (1) of section 414.295, Florida
719 Statutes, is amended to read:
720 414.295 Temporary cash assistance programs; public records
721 exemption.—
722 (1) Personal identifying information of a temporary cash
723 assistance program participant, a participant’s family, or a
724 participant’s family or household member, except for information
725 identifying a parent who does not live in the same home as the
726 child, which is held by the department, the Office of Early
727 Learning, CareerSource Florida, Inc., the Department of Health,
728 the Department of Revenue, the Department of Education, or a
729 local workforce development board or local committee created
730 pursuant to s. 445.007 is confidential and exempt from s.
731 119.07(1) and s. 24(a), Art. I of the State Constitution. Such
732 confidential and exempt information may be released for purposes
733 directly connected with:
734 (a) The administration of the temporary assistance for
735 needy families plan under Title IV-A of the Social Security Act,
736 as amended, by the department, the Office of Early Learning,
737 CareerSource Florida, Inc., the Department of Military Affairs,
738 the Department of Health, the Department of Revenue, the
739 Department of Education, a local workforce development board or
740 local committee created pursuant to s. 445.007, or a school
741 district.
742 (b) The administration of the state’s plan or program
743 approved under Title IV-B, Title IV-D, or Title IV-E of the
744 Social Security Act, as amended, or under Title I, Title X,
745 Title XIV, Title XVI, Title XIX, Title XX, or Title XXI of the
746 Social Security Act, as amended.
747 (c) An investigation, prosecution, or criminal, civil, or
748 administrative proceeding conducted in connection with the
749 administration of any of the plans or programs specified in
750 paragraph (a) or paragraph (b) by a federal, state, or local
751 governmental entity, upon request by that entity, if such
752 request is made pursuant to the proper exercise of that entity’s
753 duties and responsibilities.
754 (d) The administration of any other state, federal, or
755 federally assisted program that provides assistance or services
756 on the basis of need, in cash or in kind, directly to a
757 participant.
758 (e) An audit or similar activity, such as a review of
759 expenditure reports or financial review, conducted in connection
760 with the administration of plans or programs specified in
761 paragraph (a) or paragraph (b) by a governmental entity
762 authorized by law to conduct such audit or activity.
763 (f) The administration of the reemployment assistance
764 program.
765 (g) The reporting to the appropriate agency or official of
766 information about known or suspected instances of physical or
767 mental injury, sexual abuse or exploitation, or negligent
768 treatment or maltreatment of a child or elderly person receiving
769 assistance, if circumstances indicate that the health or welfare
770 of the child or elderly person is threatened.
771 (h) The administration of services to elderly persons under
772 ss. 430.601-430.606.
773 Section 16. Section 1000.01, Florida Statutes, is amended
774 to read:
775 1000.01 The Florida Early Learning-20 K-20 education
776 system; technical provisions.—
777 (1) NAME.—Chapters 1000 through 1013 shall be known and
778 cited as the “Florida Early Learning-20 K-20 Education Code.”
779 (2) LIBERAL CONSTRUCTION.—The provisions of the Florida
780 Early Learning-20 K-20 Education Code shall be liberally
781 construed to the end that its objectives may be effected. It is
782 the legislative intent that if any section, subsection,
783 sentence, clause, or provision of the Florida Early Learning-20
784 K-20 Education Code is held invalid, the remainder of the code
785 shall not be affected.
786 (3) PURPOSE.—The purpose of the Florida Early Learning-20
787 K-20 Education Code is to provide by law for a state system of
788 schools, courses, classes, and educational institutions and
789 services adequate to allow, for all Florida’s students, the
790 opportunity to obtain a high quality education. The Florida
791 Early Learning-20 K-20 education system is established to
792 accomplish this purpose; however, nothing in this code shall be
793 construed to require the provision of free public education
794 beyond grade 12.
795 (4) UNIFORM SYSTEM OF PUBLIC K-12 SCHOOLS INCLUDED.—As
796 required by s. 1, Art. IX of the State Constitution, the Florida
797 Early Learning-20 K-20 education system shall include the
798 uniform system of free public K-12 schools. These public K-12
799 schools shall provide 13 consecutive years of instruction,
800 beginning with kindergarten, and shall also provide such
801 instruction for students with disabilities, gifted students,
802 limited English proficient students, and students in Department
803 of Juvenile Justice programs as may be required by law. The
804 funds for support and maintenance of the uniform system of free
805 public K-12 schools shall be derived from state, district,
806 federal, and other lawful sources or combinations of sources,
807 including any fees charged nonresidents as provided by law.
808 Section 17. Section 1000.02, Florida Statutes, is amended
809 to read:
810 1000.02 Policy and guiding principles for the Florida Early
811 Learning-20 K-20 education system.—
812 (1) It is the policy of the Legislature:
813 (a) To achieve within existing resources a seamless
814 academic educational system that fosters an integrated continuum
815 of early learning kindergarten through graduate school education
816 for Florida’s students.
817 (b) To promote enhanced academic success and funding
818 efficiency of educational delivery systems by aligning
819 responsibility with accountability.
820 (c) To provide consistent education policy across all
821 educational delivery systems, focusing on students.
822 (d) To provide substantially improved articulation across
823 all educational delivery systems.
824 (e) To provide for the decentralization of authority to the
825 schools, Florida College System institutions, universities, and
826 other education institutions that deliver educational services
827 to the public.
828 (f) To ensure that independent education institutions and
829 home education programs maintain their independence, autonomy,
830 and nongovernmental status.
831 (2) The guiding principles for Florida’s Early Learning-20
832 K-20 education system are:
833 (a) A coordinated, seamless system for early learning
834 kindergarten through graduate school education.
835 (b) A system that is student-centered in every facet.
836 (c) A system that maximizes education access and allows the
837 opportunity for a high quality education for all Floridians.
838 (d) A system that safeguards equity and supports academic
839 excellence.
840 (e) A system that provides for local operational
841 flexibility while promoting accountability for student
842 achievement and improvement.
843 Section 18. Section 1000.03, Florida Statutes, is amended
844 to read:
845 1000.03 Function, mission, and goals of the Florida Early
846 Learning-20 K-20 education system.—
847 (1) Florida’s Early Learning-20 K-20 education system shall
848 be a decentralized system without excess layers of bureaucracy.
849 Florida’s Early Learning-20 K-20 education system shall maintain
850 a systemwide technology plan based on a common set of data
851 definitions.
852 (2)(a) The Legislature shall establish education policy,
853 enact education laws, and appropriate and allocate education
854 resources.
855 (b) With the exception of matters relating to the State
856 University System, the State Board of Education shall oversee
857 the enforcement of all laws and rules, and the timely provision
858 of direction, resources, assistance, intervention when needed,
859 and strong incentives and disincentives to force accountability
860 for results.
861 (c) The Board of Governors shall oversee the enforcement of
862 all state university laws and rules and regulations and the
863 timely provision of direction, resources, assistance,
864 intervention when needed, and strong incentives and
865 disincentives to force accountability for results.
866 (3) Public education is a cooperative function of the state
867 and local educational authorities. The state retains
868 responsibility for establishing a system of public education
869 through laws, standards, and rules to assure efficient operation
870 of an Early Learning-20 a K-20 system of public education and
871 adequate educational opportunities for all individuals. Local
872 educational authorities have a duty to fully and faithfully
873 comply with state laws, standards, and rules and to efficiently
874 use the resources available to them to assist the state in
875 allowing adequate educational opportunities.
876 (4) The mission of Florida’s Early Learning-20 K-20
877 education system is to allow its students to increase their
878 proficiency by allowing them the opportunity to expand their
879 knowledge and skills through rigorous and relevant learning
880 opportunities, in accordance with the mission statement and
881 accountability requirements of s. 1008.31.
882 (5) The priorities of Florida’s Early Learning-20 K-20
883 education system include:
884 (a) Learning and completion at all levels, including
885 increased high school graduation rate and readiness for
886 postsecondary education without remediation.—All students
887 demonstrate increased learning and completion at all levels,
888 graduate from high school, and are prepared to enter
889 postsecondary education without remediation.
890 (b) Student performance.—Students demonstrate that they
891 meet the expected academic standards consistently at all levels
892 of their education.
893 (c) Civic literacy.—Students are prepared to become
894 civically engaged and knowledgeable adults who make positive
895 contributions to their communities.
896 (d) Alignment of standards and resources.—Academic
897 standards for every level of the Early Learning-20 K-20
898 education system are aligned, and education financial resources
899 are aligned with student performance expectations at each level
900 of the Early Learning-20 K-20 education system.
901 (e) Educational leadership.—The quality of educational
902 leadership at all levels of Early Learning-20 K-20 education is
903 improved.
904 (f) Workforce education.—Workforce education is
905 appropriately aligned with the skills required by the new global
906 economy.
907 (g) Parental, student, family, educational institution, and
908 community involvement.—Parents, students, families, educational
909 institutions, and communities are collaborative partners in
910 education, and each plays an important role in the success of
911 individual students. Therefore, the State of Florida cannot be
912 the guarantor of each individual student’s success. The goals of
913 Florida’s Early Learning-20 K-20 education system are not
914 guarantees that each individual student will succeed or that
915 each individual school will perform at the level indicated in
916 the goals.
917 (h) Comprehensive Early Learning-20 K-20 career and
918 education planning.—It is essential that Florida’s Early
919 Learning-20 K-20 education system better prepare all students at
920 every level for the transition from school to postsecondary
921 education or work by providing information regarding:
922 1. Career opportunities, educational requirements
923 associated with each career, educational institutions that
924 prepare students to enter each career, and student financial aid
925 available to pursue postsecondary instruction required to enter
926 each career.
927 2. How to make informed decisions about the program of
928 study that best addresses the students’ interests and abilities
929 while preparing them to enter postsecondary education or the
930 workforce.
931 3. Recommended coursework and programs that prepare
932 students for success in their areas of interest and ability.
933
934 This information shall be provided to students and parents
935 through websites, handbooks, manuals, or other regularly
936 provided communications.
937 Section 19. Section 1000.04, Florida Statutes, is amended
938 to read:
939 1000.04 Components for the delivery of public education
940 within the Florida Early Learning-20 K-20 education system.
941 Florida’s Early Learning-20 K-20 education system provides for
942 the delivery of early learning and public education through
943 publicly supported and controlled K-12 schools, Florida College
944 System institutions, state universities and other postsecondary
945 educational institutions, other educational institutions, and
946 other educational services as provided or authorized by the
947 Constitution and laws of the state.
948 (1) EARLY LEARNING.—Early learning includes the Voluntary
949 Prekindergarten Education Program and the school readiness
950 program.
951 (2)(1) PUBLIC K-12 SCHOOLS.—The public K-12 schools include
952 charter schools and consist of kindergarten classes; elementary,
953 middle, and high school grades and special classes; virtual
954 instruction programs; workforce education; career centers;
955 adult, part-time, and evening schools, courses, or classes, as
956 authorized by law to be operated under the control of district
957 school boards; and lab schools operated under the control of
958 state universities.
959 (3)(2) PUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS.
960 Public postsecondary educational institutions include workforce
961 education; Florida College System institutions; state
962 universities; and all other state-supported postsecondary
963 educational institutions that are authorized and established by
964 law.
965 (4)(3) FLORIDA SCHOOL FOR THE DEAF AND THE BLIND.—The
966 Florida School for the Deaf and the Blind is a component of the
967 delivery of public education within Florida’s Early Learning-20
968 K-20 education system.
969 (5)(4) THE FLORIDA VIRTUAL SCHOOL.—The Florida Virtual
970 School is a component of the delivery of public education within
971 Florida’s Early Learning-20 K-20 education system.
972 Section 20. Section 1000.21, Florida Statutes, is amended
973 to read:
974 1000.21 Systemwide definitions.—As used in the Florida
975 Early Learning-20 K-20 Education Code:
976 (1) “Articulation” is the systematic coordination that
977 provides the means by which students proceed toward their
978 educational objectives in as rapid and student-friendly manner
979 as their circumstances permit, from grade level to grade level,
980 from elementary to middle to high school, to and through
981 postsecondary education, and when transferring from one
982 educational institution or program to another.
983 (2) “Commissioner” is the Commissioner of Education.
984 (3) “Florida College System institution” except as
985 otherwise specifically provided, includes all of the following
986 public postsecondary educational institutions in the Florida
987 College System and any branch campuses, centers, or other
988 affiliates of the institution:
989 (a) Eastern Florida State College, which serves Brevard
990 County.
991 (b) Broward College, which serves Broward County.
992 (c) College of Central Florida, which serves Citrus, Levy,
993 and Marion Counties.
994 (d) Chipola College, which serves Calhoun, Holmes, Jackson,
995 Liberty, and Washington Counties.
996 (e) Daytona State College, which serves Flagler and Volusia
997 Counties.
998 (f) Florida SouthWestern State College, which serves
999 Charlotte, Collier, Glades, Hendry, and Lee Counties.
1000 (g) Florida State College at Jacksonville, which serves
1001 Duval and Nassau Counties.
1002 (h) The College of the Florida Keys, which serves Monroe
1003 County.
1004 (i) Gulf Coast State College, which serves Bay, Franklin,
1005 and Gulf Counties.
1006 (j) Hillsborough Community College, which serves
1007 Hillsborough County.
1008 (k) Indian River State College, which serves Indian River,
1009 Martin, Okeechobee, and St. Lucie Counties.
1010 (l) Florida Gateway College, which serves Baker, Columbia,
1011 Dixie, Gilchrist, and Union Counties.
1012 (m) Lake-Sumter State College, which serves Lake and Sumter
1013 Counties.
1014 (n) State College of Florida, Manatee-Sarasota, which
1015 serves Manatee and Sarasota Counties.
1016 (o) Miami Dade College, which serves Miami-Dade County.
1017 (p) North Florida College, which serves Hamilton,
1018 Jefferson, Lafayette, Madison, Suwannee, and Taylor Counties.
1019 (q) Northwest Florida State College, which serves Okaloosa
1020 and Walton Counties.
1021 (r) Palm Beach State College, which serves Palm Beach
1022 County.
1023 (s) Pasco-Hernando State College, which serves Hernando and
1024 Pasco Counties.
1025 (t) Pensacola State College, which serves Escambia and
1026 Santa Rosa Counties.
1027 (u) Polk State College, which serves Polk County.
1028 (v) St. Johns River State College, which serves Clay,
1029 Putnam, and St. Johns Counties.
1030 (w) St. Petersburg College, which serves Pinellas County.
1031 (x) Santa Fe College, which serves Alachua and Bradford
1032 Counties.
1033 (y) Seminole State College of Florida, which serves
1034 Seminole County.
1035 (z) South Florida State College, which serves DeSoto,
1036 Hardee, and Highlands Counties.
1037 (aa) Tallahassee Community College, which serves Gadsden,
1038 Leon, and Wakulla Counties.
1039 (bb) Valencia College, which serves Orange and Osceola
1040 Counties.
1041 (4) “Department” is the Department of Education.
1042 (5) “Parent” is either or both parents of a student, any
1043 guardian of a student, any person in a parental relationship to
1044 a student, or any person exercising supervisory authority over a
1045 student in place of the parent.
1046 (6) “State university,” except as otherwise specifically
1047 provided, includes the following institutions and any branch
1048 campuses, centers, or other affiliates of the institution:
1049 (a) The University of Florida.
1050 (b) The Florida State University.
1051 (c) The Florida Agricultural and Mechanical University.
1052 (d) The University of South Florida.
1053 (e) The Florida Atlantic University.
1054 (f) The University of West Florida.
1055 (g) The University of Central Florida.
1056 (h) The University of North Florida.
1057 (i) The Florida International University.
1058 (j) The Florida Gulf Coast University.
1059 (k) New College of Florida.
1060 (l) The Florida Polytechnic University.
1061 (7) “Next Generation Sunshine State Standards” means the
1062 state’s public K-12 curricular standards adopted under s.
1063 1003.41.
1064 (8) “Board of Governors” is the Board of Governors of the
1065 State University System.
1066 Section 21. Subsection (1) and paragraphs (e) and (s) of
1067 subsection (2) of section 1001.02, Florida Statutes, are amended
1068 to read:
1069 1001.02 General powers of State Board of Education.—
1070 (1) The State Board of Education is the chief implementing
1071 and coordinating body of public education in Florida except for
1072 the State University System, and it shall focus on high-level
1073 policy decisions. It has authority to adopt rules pursuant to
1074 ss. 120.536(1) and 120.54 to implement the provisions of law
1075 conferring duties upon it for the improvement of the state
1076 system of Early Learning-20 K-20 public education except for the
1077 State University System. Except as otherwise provided herein, it
1078 may, as it finds appropriate, delegate its general powers to the
1079 Commissioner of Education or the directors of the divisions of
1080 the department.
1081 (2) The State Board of Education has the following duties:
1082 (e) To adopt and submit to the Governor and Legislature, as
1083 provided in s. 216.023, a coordinated Early Learning-20 K-20
1084 education budget that estimates the expenditure requirements for
1085 the Board of Governors, as provided in s. 1001.706, the State
1086 Board of Education, including the Department of Education and
1087 the Commissioner of Education, and all of the boards,
1088 institutions, agencies, and services under the general
1089 supervision of the Board of Governors, as provided in s.
1090 1001.706, or the State Board of Education for the ensuing fiscal
1091 year. The State Board of Education may not amend the budget
1092 request submitted by the Board of Governors. Any program
1093 recommended by the Board of Governors or the State Board of
1094 Education which will require increases in state funding for more
1095 than 1 year must be presented in a multiyear budget plan.
1096 (s) To establish a detailed procedure for the
1097 implementation and operation of a systemwide K-20 technology
1098 plan that is based on a common set of data definitions.
1099 Section 22. Subsections (8) and (9) of section 1001.03,
1100 Florida Statutes, are amended to read:
1101 1001.03 Specific powers of State Board of Education.—
1102 (8) SYSTEMWIDE ENFORCEMENT.—The State Board of Education
1103 shall enforce compliance with law and state board rule by all
1104 school districts, early learning coalitions, and public
1105 postsecondary educational institutions, except for the State
1106 University System, in accordance with the provisions of s.
1107 1008.32.
1108 (9) MANAGEMENT INFORMATION DATABASES.—The State Board of
1109 Education, in conjunction with the Board of Governors regarding
1110 the State University System, shall continue to collect and
1111 maintain, at a minimum, the management information databases for
1112 state universities, and all other components of the public Early
1113 Learning-20 K-20 education system as such databases existed on
1114 June 30, 2002.
1115 Section 23. Subsection (1), paragraphs (g), (k), and (l) of
1116 subsection (6), and subsection (8) of section 1001.10, Florida
1117 Statutes, are amended to read:
1118 1001.10 Commissioner of Education; general powers and
1119 duties.—
1120 (1) The Commissioner of Education is the chief educational
1121 officer of the state and the sole custodian of the educational
1122 K-20 data warehouse, and is responsible for giving full
1123 assistance to the State Board of Education in enforcing
1124 compliance with the mission and goals of the Early Learning-20
1125 K-20 education system, except for the State University System.
1126 (6) Additionally, the commissioner has the following
1127 general powers and duties:
1128 (g) To submit to the State Board of Education, on or before
1129 October 1 of each year, recommendations for a coordinated Early
1130 Learning-20 K-20 education budget that estimates the
1131 expenditures for the Board of Governors, the State Board of
1132 Education, including the Department of Education and the
1133 Commissioner of Education, and all of the boards, institutions,
1134 agencies, and services under the general supervision of the
1135 Board of Governors or the State Board of Education for the
1136 ensuing fiscal year. Any program recommended to the State Board
1137 of Education that will require increases in state funding for
1138 more than 1 year must be presented in a multiyear budget plan.
1139 (k) To prepare, publish, and disseminate user-friendly
1140 materials relating to the state’s education system, including
1141 the state’s K-12 scholarship programs, the school readiness
1142 program, and the Voluntary Prekindergarten Education Program.
1143 (l) To prepare and publish annually reports giving
1144 statistics and other useful information pertaining to the
1145 state’s K-12 scholarship programs, the school readiness program,
1146 and the Voluntary Prekindergarten Education Program.
1147 (8) In the event of an emergency situation, the
1148 commissioner may coordinate through the most appropriate means
1149 of communication with early learning coalitions, local school
1150 districts, Florida College System institutions, and satellite
1151 offices of the Division of Blind Services and the Division of
1152 Vocational Rehabilitation to assess the need for resources and
1153 assistance to enable each school, institution, or satellite
1154 office the ability to reopen as soon as possible after
1155 considering the health, safety, and welfare of students and
1156 clients.
1157 Section 24. Paragraph (b) of subsection (1) and subsection
1158 (4) of section 1001.11, Florida Statutes, are amended to read:
1159 1001.11 Commissioner of Education; other duties.—
1160 (1) The Commissioner of Education must independently
1161 perform the following duties:
1162 (b) Serve as the primary source of information to the
1163 Legislature, including the President of the Senate and the
1164 Speaker of the House of Representatives, concerning the State
1165 Board of Education, the Early Learning-20 K-20 education system,
1166 and early learning programs.
1167 (4) The commissioner shall develop and implement an
1168 integrated Early Learning-20 K-20 information system for
1169 educational management in accordance with the requirements of
1170 chapter 1008.
1171 Section 25. Section 1001.213, Florida Statutes, is
1172 repealed.
1173 Section 26. Subsection (7) of section 1001.215, Florida
1174 Statutes, is amended to read:
1175 1001.215 Just Read, Florida! Office.—There is created in
1176 the Department of Education the Just Read, Florida! Office. The
1177 office is fully accountable to the Commissioner of Education and
1178 shall:
1179 (7) Review, evaluate, and provide technical assistance to
1180 school districts’ implementation of the K-12 comprehensive
1181 reading plan required in s. 1011.62(9).
1182 Section 27. Subsection (1) of section 1001.23, Florida
1183 Statutes, is amended to read:
1184 1001.23 Specific powers and duties of the Department of
1185 Education.—In addition to all other duties assigned to it by law
1186 or by rule of the State Board of Education, the department
1187 shall:
1188 (1) Adopt the statewide kindergarten screening in
1189 accordance with s. 1002.69.
1190 Section 28. Subsection (3) of section 1001.70, Florida
1191 Statutes, is amended to read:
1192 1001.70 Board of Governors of the State University System.—
1193 (3) The Board of Governors, in exercising its authority
1194 under the State Constitution and statutes, shall exercise its
1195 authority in a manner that supports, promotes, and enhances an
1196 Early Learning-20 a K-20 education system that provides
1197 affordable access to postsecondary educational opportunities for
1198 residents of the state to the extent authorized by the State
1199 Constitution and state law.
1200 Section 29. Paragraph (b) of subsection (4) of section
1201 1001.706, Florida Statutes, is amended to read:
1202 1001.706 Powers and duties of the Board of Governors.—
1203 (4) POWERS AND DUTIES RELATING TO FINANCE.—
1204 (b) The Board of Governors shall prepare the legislative
1205 budget requests for the State University System, including a
1206 request for fixed capital outlay, and submit them to the State
1207 Board of Education for inclusion in the Early Learning-20 K-20
1208 legislative budget request. The Board of Governors shall provide
1209 the state universities with fiscal policy guidelines, formats,
1210 and instruction for the development of individual university
1211 budget requests.
1212 Section 30. Paragraph (b) of subsection (1) of section
1213 1002.22, Florida Statutes, is amended to read:
1214 1002.22 Education records and reports of K-12 students;
1215 rights of parents and students; notification; penalty.—
1216 (1) DEFINITIONS.—As used in this section, the term:
1217 (b) “Institution” means any public school, center,
1218 institution, or other entity that is part of Florida’s education
1219 system under s. 1000.04(2), (4), and (5) s. 1000.04(1), (3), and
1220 (4).
1221 Section 31. Subsections (3) and (10) of section 1002.32,
1222 Florida Statutes, are amended to read:
1223 1002.32 Developmental research (laboratory) schools.—
1224 (3) MISSION.—The mission of a lab school shall be the
1225 provision of a vehicle for the conduct of research,
1226 demonstration, and evaluation regarding management, teaching,
1227 and learning. Programs to achieve the mission of a lab school
1228 shall embody the goals and standards established pursuant to ss.
1229 1000.03(5) and 1001.23(1) 1001.23(2) and shall ensure an
1230 appropriate education for its students.
1231 (a) Each lab school shall emphasize mathematics, science,
1232 computer science, and foreign languages. The primary goal of a
1233 lab school is to enhance instruction and research in such
1234 specialized subjects by using the resources available on a state
1235 university campus, while also providing an education in
1236 nonspecialized subjects. Each lab school shall provide
1237 sequential elementary and secondary instruction where
1238 appropriate. A lab school may not provide instruction at grade
1239 levels higher than grade 12 without authorization from the State
1240 Board of Education. Each lab school shall develop and implement
1241 a school improvement plan pursuant to s. 1003.02(3).
1242 (b) Research, demonstration, and evaluation conducted at a
1243 lab school may be generated by the college of education and
1244 other colleges within the university with which the school is
1245 affiliated.
1246 (c) Research, demonstration, and evaluation conducted at a
1247 lab school may be generated by the State Board of Education.
1248 Such research shall respond to the needs of the education
1249 community at large, rather than the specific needs of the
1250 affiliated college.
1251 (d) Research, demonstration, and evaluation conducted at a
1252 lab school may consist of pilot projects to be generated by the
1253 affiliated college, the State Board of Education, or the
1254 Legislature.
1255 (e) The exceptional education programs offered at a lab
1256 school shall be determined by the research and evaluation goals
1257 and the availability of students for efficiently sized programs.
1258 The fact that a lab school offers an exceptional education
1259 program in no way lessens the general responsibility of the
1260 local school district to provide exceptional education programs.
1261 (10) EXCEPTIONS TO LAW.—To encourage innovative practices
1262 and facilitate the mission of the lab schools, in addition to
1263 the exceptions to law specified in s. 1001.23(1) s. 1001.23(2),
1264 the following exceptions shall be permitted for lab schools:
1265 (a) The methods and requirements of the following statutes
1266 shall be held in abeyance: ss. 316.75; 1001.30; 1001.31;
1267 1001.32; 1001.33; 1001.34; 1001.35; 1001.36; 1001.361; 1001.362;
1268 1001.363; 1001.37; 1001.371; 1001.372; 1001.38; 1001.39;
1269 1001.395; 1001.40; 1001.41; 1001.44; 1001.453; 1001.46;
1270 1001.461; 1001.462; 1001.463; 1001.464; 1001.47; 1001.48;
1271 1001.49; 1001.50; 1001.51; 1006.12(2); 1006.21(3), (4); 1006.23;
1272 1010.07(2); 1010.40; 1010.41; 1010.42; 1010.43; 1010.44;
1273 1010.45; 1010.46; 1010.47; 1010.48; 1010.49; 1010.50; 1010.51;
1274 1010.52; 1010.53; 1010.54; 1010.55; 1011.02(1)-(3), (5);
1275 1011.04; 1011.20; 1011.21; 1011.22; 1011.23; 1011.71; 1011.72;
1276 1011.73; and 1011.74.
1277 (b) With the exception of s. 1001.42(18), s. 1001.42 shall
1278 be held in abeyance. Reference to district school boards in s.
1279 1001.42(18) shall mean the president of the university or the
1280 president’s designee.
1281 Section 32. Paragraph (b) of subsection (10) of section
1282 1002.34, Florida Statutes, is amended to read:
1283 1002.34 Charter technical career centers.—
1284 (10) EXEMPTION FROM STATUTES.—
1285 (b) A center must comply with the Florida Early Learning-20
1286 K-20 Education Code with respect to providing services to
1287 students with disabilities.
1288 Section 33. Subsection (1) of section 1002.36, Florida
1289 Statutes, is amended to read:
1290 1002.36 Florida School for the Deaf and the Blind.—
1291 (1) RESPONSIBILITIES.—The Florida School for the Deaf and
1292 the Blind, located in St. Johns County, is a state-supported
1293 residential public school for hearing-impaired and visually
1294 impaired students in preschool through 12th grade. The school is
1295 a component of the delivery of public education within Florida’s
1296 Early Learning-20 K-20 education system and shall be funded
1297 through the Department of Education. The school shall provide
1298 educational programs and support services appropriate to meet
1299 the education and related evaluation and counseling needs of
1300 hearing-impaired and visually impaired students in the state who
1301 meet enrollment criteria. Unless otherwise provided by law, the
1302 school shall comply with all laws and rules applicable to state
1303 agencies. Education services may be provided on an outreach
1304 basis for sensory-impaired children ages 0 through 5 years and
1305 to district school boards upon request. Graduates of the Florida
1306 School for the Deaf and the Blind shall be eligible for the
1307 William L. Boyd, IV, Effective Access to Student Education Grant
1308 Program as provided in s. 1009.89.
1309 Section 34. Paragraph (b) of subsection (4) and subsection
1310 (5) of section 1002.53, Florida Statutes, are amended, and
1311 paragraph (d) is added to subsection (6) of that section, to
1312 read:
1313 1002.53 Voluntary Prekindergarten Education Program;
1314 eligibility and enrollment.—
1315 (4)
1316 (b) The application must be submitted on forms prescribed
1317 by the department Office of Early Learning and must be
1318 accompanied by a certified copy of the child’s birth
1319 certificate. The forms must include a certification, in
1320 substantially the form provided in s. 1002.71(6)(b)2., that the
1321 parent chooses the private prekindergarten provider or public
1322 school in accordance with this section and directs that payments
1323 for the program be made to the provider or school. The
1324 department Office of Early Learning may authorize alternative
1325 methods for submitting proof of the child’s age in lieu of a
1326 certified copy of the child’s birth certificate.
1327 (5) The early learning coalition shall provide each parent
1328 enrolling a child in the Voluntary Prekindergarten Education
1329 Program with a profile of every private prekindergarten provider
1330 and public school delivering the program within the county where
1331 the child is being enrolled. The profiles shall be provided to
1332 parents in a format prescribed by the department in accordance
1333 with s. 1002.92(3) Office of Early Learning. The profiles must
1334 include, at a minimum, the following information about each
1335 provider and school:
1336 (a) The provider’s or school’s services, curriculum,
1337 instructor credentials, and instructor-to-student ratio; and
1338 (b) The provider’s or school’s kindergarten readiness rate
1339 calculated in accordance with s. 1002.69, based upon the most
1340 recent available results of the statewide kindergarten
1341 screening.
1342 (6)
1343 (d) Each parent who enrolls his or her child in the
1344 Voluntary Prekindergarten Education Program must allow his or
1345 her child to participate in the coordinated screening and
1346 progress monitoring program under s. 1008.2125.
1347 Section 35. Paragraphs (a), (b), (c), (e), (g), (h), (i),
1348 (j), and (l) of subsection (3), subsection (4), and paragraph
1349 (b) of subsection (5) of section 1002.55, Florida Statutes, are
1350 amended, and subsection (6) is added to that section, to read:
1351 1002.55 School-year prekindergarten program delivered by
1352 private prekindergarten providers.—
1353 (3) To be eligible to deliver the prekindergarten program,
1354 a private prekindergarten provider must meet each of the
1355 following requirements:
1356 (a) The private prekindergarten provider must be a child
1357 care facility licensed under s. 402.305, family day care home
1358 licensed under s. 402.313, large family child care home licensed
1359 under s. 402.3131, nonpublic school exempt from licensure under
1360 s. 402.3025(2), or faith-based child care provider exempt from
1361 licensure under s. 402.316, child development program that is
1362 accredited by a national accrediting body and operates on a
1363 military installation that is certified by the United States
1364 Department of Defense, or private prekindergarten provider that
1365 has been issued a provisional license under s. 402.309. A
1366 private prekindergarten provider may not deliver the program
1367 while holding a probation-status license under s. 402.310.
1368 (b) The private prekindergarten provider must:
1369 1. Be accredited by an accrediting association that is a
1370 member of the National Council for Private School Accreditation,
1371 or the Florida Association of Academic Nonpublic Schools, or be
1372 accredited by the Southern Association of Colleges and Schools,
1373 or Western Association of Colleges and Schools, or North Central
1374 Association of Colleges and Schools, or Middle States
1375 Association of Colleges and Schools, or New England Association
1376 of Colleges and Schools; and have written accreditation
1377 standards that meet or exceed the state’s licensing requirements
1378 under s. 402.305, s. 402.313, or s. 402.3131 and require at
1379 least one onsite visit to the provider or school before
1380 accreditation is granted;
1381 2. Hold a current Gold Seal Quality Care designation under
1382 s. 1002.945 s. 402.281; or
1383 3. Be licensed under s. 402.305, s. 402.313, or s. 402.3131
1384 and demonstrate, before delivering the Voluntary Prekindergarten
1385 Education Program, as verified by the early learning coalition,
1386 that the provider meets each of the requirements of the program
1387 under this part, including, but not limited to, the requirements
1388 for credentials and background screenings of prekindergarten
1389 instructors under paragraphs (c) and (d), minimum and maximum
1390 class sizes under paragraph (f), prekindergarten director
1391 credentials under paragraph (g), and a developmentally
1392 appropriate curriculum under s. 1002.67(2)(b).
1393 (c) The private prekindergarten provider must have, for
1394 each prekindergarten class of 11 children or fewer, at least one
1395 prekindergarten instructor who meets each of the following
1396 requirements:
1397 1. The prekindergarten instructor must hold, at a minimum,
1398 one of the following credentials:
1399 a. A child development associate credential issued by the
1400 National Credentialing Program of the Council for Professional
1401 Recognition; or
1402 b. A credential approved by the Department of Children and
1403 Families as being equivalent to or greater than the credential
1404 described in sub-subparagraph a.
1405
1406 The Department of Children and Families may adopt rules under
1407 ss. 120.536(1) and 120.54 which provide criteria and procedures
1408 for approving equivalent credentials under sub-subparagraph b.
1409 2. The prekindergarten instructor must successfully
1410 complete at least three an emergent literacy training courses
1411 that include developmentally appropriate and experiential
1412 learning practices for children course and a student performance
1413 standards training course approved by the department office as
1414 meeting or exceeding the minimum standards adopted under s.
1415 1002.59. The requirement for completion of the standards
1416 training course shall take effect July 1, 2022 2014, and be
1417 recognized as part of the informal early learning career pathway
1418 identified by the department under s. 1002.995(1)(b). Such and
1419 the course shall be available online or in person.
1420 (e) A private prekindergarten provider may assign a
1421 substitute instructor to temporarily replace a credentialed
1422 instructor if the credentialed instructor assigned to a
1423 prekindergarten class is absent, as long as the substitute
1424 instructor is of good moral character and has been screened
1425 before employment in accordance with level 2 background
1426 screening requirements in chapter 435. The department Office of
1427 Early Learning shall adopt rules to implement this paragraph
1428 which shall include required qualifications of substitute
1429 instructors and the circumstances and time limits for which a
1430 private prekindergarten provider may assign a substitute
1431 instructor.
1432 (g) The private prekindergarten provider must have a
1433 prekindergarten director who has a prekindergarten director
1434 credential that is approved by the department office as meeting
1435 or exceeding the minimum standards adopted under s. 1002.57. A
1436 private school administrator who holds a valid certificate in
1437 educational leadership issued by the department satisfies the
1438 requirement for a prekindergarten director credential under s.
1439 1002.57 Successful completion of a child care facility director
1440 credential under s. 402.305(2)(g) before the establishment of
1441 the prekindergarten director credential under s. 1002.57 or July
1442 1, 2006, whichever occurs later, satisfies the requirement for a
1443 prekindergarten director credential under this paragraph.
1444 (h) The private prekindergarten provider must register with
1445 the early learning coalition on forms prescribed by the
1446 department Office of Early Learning.
1447 (i) The private prekindergarten provider must execute the
1448 statewide provider contract prescribed under s. 1002.73 s.
1449 1002.75, except that an individual who owns or operates multiple
1450 private prekindergarten sites providers within a coalition’s
1451 service area may execute a single agreement with the coalition
1452 on behalf of each site provider.
1453 (j) The private prekindergarten provider must maintain
1454 general liability insurance and provide the coalition with
1455 written evidence of general liability insurance coverage,
1456 including coverage for transportation of children if
1457 prekindergarten students are transported by the provider. A
1458 provider must obtain and retain an insurance policy that
1459 provides a minimum of $100,000 of coverage per occurrence and a
1460 minimum of $300,000 general aggregate coverage. The department
1461 office may authorize lower limits upon request, as appropriate.
1462 A provider must add the coalition as a named certificateholder
1463 and as an additional insured. A provider must provide the
1464 coalition with a minimum of 10 calendar days’ advance written
1465 notice of cancellation of or changes to coverage. The general
1466 liability insurance required by this paragraph must remain in
1467 full force and effect for the entire period of the provider
1468 contract with the coalition.
1469 (l) Notwithstanding paragraph (j), for a private
1470 prekindergarten provider that is a state agency or a subdivision
1471 thereof, as defined in s. 768.28(2), the provider must agree to
1472 notify the coalition of any additional liability coverage
1473 maintained by the provider in addition to that otherwise
1474 established under s. 768.28. The provider shall indemnify the
1475 coalition to the extent permitted by s. 768.28. Notwithstanding
1476 paragraph (j), for a child development program that is
1477 accredited by a national accrediting body and operates on a
1478 military installation that is certified by the United States
1479 Department of Defense, the provider may demonstrate liability
1480 coverage by affirming that it is subject to the Federal Tort
1481 Claims Act, 28 U.S.C. s. 2671 et seq.
1482 (4) A prekindergarten instructor, in lieu of the minimum
1483 credentials and courses required under paragraph (3)(c), may
1484 hold one of the following educational credentials:
1485 (a) A bachelor’s or higher degree in early childhood
1486 education, prekindergarten or primary education, preschool
1487 education, or family and consumer science;
1488 (b) A bachelor’s or higher degree in elementary education,
1489 if the prekindergarten instructor has been certified to teach
1490 children any age from birth through 6th grade, regardless of
1491 whether the instructor’s educator certificate is current, and if
1492 the instructor is not ineligible to teach in a public school
1493 because his or her educator certificate is suspended or revoked;
1494 (c) An associate’s or higher degree in child development;
1495 (d) An associate’s or higher degree in an unrelated field,
1496 at least 6 credit hours in early childhood education or child
1497 development, and at least 480 hours of experience in teaching or
1498 providing child care services for children any age from birth
1499 through 8 years of age; or
1500 (e) An educational credential approved by the department as
1501 being equivalent to or greater than an educational credential
1502 described in this subsection. The department may adopt criteria
1503 and procedures for approving equivalent educational credentials
1504 under this paragraph.
1505 (5)
1506 (b) Notwithstanding any other provision of law, if a
1507 private prekindergarten provider has been cited for a class I
1508 violation, as defined by rule of the Child Care Services Program
1509 Office of the Department of Children and Families, the coalition
1510 may refuse to contract with the provider.
1511 (6) Each early learning coalition shall verify that each
1512 private prekindergarten provider delivering the Voluntary
1513 Prekindergarten Education Program within the coalition’s county
1514 or multicounty region complies with this part. If a private
1515 prekindergarten provider fails or refuses to comply with this
1516 part or engages in misconduct, the department must require the
1517 early learning coalition to remove the provider from eligibility
1518 to deliver the program and receive state funds under this part
1519 for a period of at least 2 years but no more than 5 years.
1520 Section 36. Paragraphs (b) and (c) of subsection (2) of
1521 section 1002.57, Florida Statutes, are redesignated as
1522 paragraphs (c) and (d), respectively, subsection (1) is amended,
1523 and a new paragraph (b) is added to subsection (2) of that
1524 section, to read:
1525 1002.57 Prekindergarten director credential.—
1526 (1) The department office, in consultation with the
1527 Department of Children and Families, shall adopt minimum
1528 standards for a credential for prekindergarten directors of
1529 private prekindergarten providers delivering the Voluntary
1530 Prekindergarten Education Program. The credential must encompass
1531 requirements for education and onsite experience.
1532 (2) The educational requirements must include training in
1533 the following:
1534 (b) Implementation of curriculum and usage of student-level
1535 data to inform the delivery of instruction;
1536 Section 37. Section 1002.59, Florida Statutes, is amended
1537 to read:
1538 1002.59 Emergent literacy and performance standards
1539 training courses.—
1540 (1) The department office shall adopt minimum standards for
1541 one or more training courses in emergent literacy for
1542 prekindergarten instructors. Each course must comprise 5 clock
1543 hours and provide instruction in strategies and techniques to
1544 address the age-appropriate progress of prekindergarten students
1545 in developing emergent literacy skills, including oral
1546 communication, knowledge of print and letters, phonemic and
1547 phonological awareness, and vocabulary and comprehension
1548 development. Each course must also provide resources containing
1549 strategies that allow students with disabilities and other
1550 special needs to derive maximum benefit from the Voluntary
1551 Prekindergarten Education Program. Successful completion of an
1552 emergent literacy training course approved under this section
1553 satisfies requirements for approved training in early literacy
1554 and language development under ss. 402.305(2)(e)5., 402.313(6),
1555 and 402.3131(5).
1556 (2) The department office shall adopt minimum standards for
1557 one or more training courses on the performance standards
1558 adopted under s. 1002.67(1). Each course must be comprised of
1559 comprise at least 3 clock hours, provide instruction in
1560 strategies and techniques to address age-appropriate progress of
1561 each child in attaining the standards, and be available online.
1562 (3) The department shall make available online professional
1563 development and training courses comprised of at least 8 clock
1564 hours that support prekindergarten instructors in increasing the
1565 competency of teacher-child interactions.
1566 Section 38. Present subsections (6) through (8) of section
1567 1002.61, Florida Statutes, are redesignated as subsections (7)
1568 through (9), respectively, a new subsection (6) and subsection
1569 (10) are added to that section, and paragraph (b) of subsection
1570 (1), paragraph (b) of subsection (3), subsection (4), and
1571 present subsections (6) and (8) of that section are amended, to
1572 read:
1573 1002.61 Summer prekindergarten program delivered by public
1574 schools and private prekindergarten providers.—
1575 (1)
1576 (b) Each early learning coalition shall administer the
1577 Voluntary Prekindergarten Education Program at the county or
1578 regional level for students enrolled under s. 1002.53(3)(b) in a
1579 summer prekindergarten program delivered by a private
1580 prekindergarten provider. A child development program that is
1581 accredited by a national accrediting body and operates on a
1582 military installation that is certified by the United States
1583 Department of Defense may administer the summer prekindergarten
1584 program as a private prekindergarten provider.
1585 (3)
1586 (b) Each public school delivering the summer
1587 prekindergarten program must execute the statewide provider
1588 contract prescribed under s. 1002.73 s. 1002.75, except that the
1589 school district may execute a single agreement with the early
1590 learning coalition on behalf of all district schools.
1591 (4) Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4),
1592 each public school and private prekindergarten provider must
1593 have, for each prekindergarten class, at least one
1594 prekindergarten instructor who is a certified teacher or holds
1595 one of the educational credentials specified in s. 1002.55(4)(a)
1596 or (b). As used in this subsection, the term “certified teacher”
1597 means a teacher holding a valid Florida educator certificate
1598 under s. 1012.56 who has the qualifications required by the
1599 district school board to instruct students in the summer
1600 prekindergarten program. In selecting instructional staff for
1601 the summer prekindergarten program, each school district shall
1602 give priority to teachers who have experience or coursework in
1603 early childhood education and have completed emergent literacy
1604 and performance standards courses, as provided for in s.
1605 1002.55(3)(c)2.
1606 (6) A child development program that is accredited by a
1607 national accrediting body and operates on a military
1608 installation that is certified by the United States Department
1609 of Defense shall comply with the requirements of a private
1610 prekindergarten provider in this section.
1611 (7)(6) A public school or private prekindergarten provider
1612 may assign a substitute instructor to temporarily replace a
1613 credentialed instructor if the credentialed instructor assigned
1614 to a prekindergarten class is absent, as long as the substitute
1615 instructor is of good moral character and has been screened
1616 before employment in accordance with level 2 background
1617 screening requirements in chapter 435. This subsection does not
1618 supersede employment requirements for instructional personnel in
1619 public schools which are more stringent than the requirements of
1620 this subsection. The department Office of Early Learning shall
1621 adopt rules to implement this subsection which shall include
1622 required qualifications of substitute instructors and the
1623 circumstances and time limits for which a public school or
1624 private prekindergarten provider may assign a substitute
1625 instructor.
1626 (9)(8) Each public school delivering the summer
1627 prekindergarten program must also register with the early
1628 learning coalition on forms prescribed by the department Office
1629 of Early Learning and deliver the Voluntary Prekindergarten
1630 Education Program in accordance with this part.
1631 (10)(a) Each early learning coalition shall verify that
1632 each private prekindergarten provider and public school
1633 delivering the Voluntary Prekindergarten Education Program
1634 within the coalition’s county or multicounty region complies
1635 with this part.
1636 (b) If a private prekindergarten provider or public school
1637 fails or refuses to comply with this part or engages in
1638 misconduct, the department shall require the early learning
1639 coalition to remove the provider or school from eligibility to
1640 deliver the Voluntary Prekindergarten Education Program and
1641 receive state funds under this part for a period of at least 2
1642 years but no more than 5 years.
1643 Section 39. Paragraph (b) of subsection (3) and subsections
1644 (6) and (8) of section 1002.63, Florida Statutes, are amended,
1645 and subsection (9) is added to that section, to read:
1646 1002.63 School-year prekindergarten program delivered by
1647 public schools.—
1648 (3)
1649 (b) Each public school delivering the school-year
1650 prekindergarten program must execute the statewide provider
1651 contract prescribed under s. 1002.73 s. 1002.75, except that the
1652 school district may execute a single agreement with the early
1653 learning coalition on behalf of all district schools.
1654 (6) A public school prekindergarten provider may assign a
1655 substitute instructor to temporarily replace a credentialed
1656 instructor if the credentialed instructor assigned to a
1657 prekindergarten class is absent, as long as the substitute
1658 instructor is of good moral character and has been screened
1659 before employment in accordance with level 2 background
1660 screening requirements in chapter 435. This subsection does not
1661 supersede employment requirements for instructional personnel in
1662 public schools which are more stringent than the requirements of
1663 this subsection. The department Office of Early Learning shall
1664 adopt rules to implement this subsection which shall include
1665 required qualifications of substitute instructors and the
1666 circumstances and time limits for which a public school
1667 prekindergarten provider may assign a substitute instructor.
1668 (8) Each public school delivering the school-year
1669 prekindergarten program must register with the early learning
1670 coalition on forms prescribed by the department Office of Early
1671 Learning and deliver the Voluntary Prekindergarten Education
1672 Program in accordance with this part.
1673 (9)(a) Each early learning coalition shall verify that each
1674 public school delivering the Voluntary Prekindergarten Education
1675 Program within the coalition’s service area complies with this
1676 part.
1677 (b) If a public school fails or refuses to comply with this
1678 part or engages in misconduct, the department shall require the
1679 early learning coalition to remove the school from eligibility
1680 to deliver the Voluntary Prekindergarten Education Program and
1681 receive state funds under this part for a period of at least 2
1682 years but no more than 5 years.
1683 Section 40. Section 1002.67, Florida Statutes, is amended
1684 to read:
1685 1002.67 Performance standards and; curricula and
1686 accountability.—
1687 (1)(a) The department office shall develop and adopt
1688 performance standards for students in the Voluntary
1689 Prekindergarten Education Program. The performance standards
1690 must address the age-appropriate progress of students in the
1691 development of:
1692 1. The capabilities, capacities, and skills required under
1693 s. 1(b), Art. IX of the State Constitution; and
1694 2. Emergent literacy skills, including oral communication,
1695 knowledge of print and letters, phonemic and phonological
1696 awareness, and vocabulary and comprehension development; and
1697 3. Mathematical thinking and early math skills.
1698
1699 By October 1, 2013, the office shall examine the existing
1700 performance standards in the area of mathematical thinking and
1701 develop a plan to make appropriate professional development and
1702 training courses available to prekindergarten instructors.
1703 (b) At least every 3 years, the department office shall
1704 periodically review and, if necessary, revise the performance
1705 standards established under this section for the statewide
1706 kindergarten screening administered under s. 1002.69 and align
1707 the standards to the standards established by the state board
1708 for student performance on the statewide assessments
1709 administered pursuant to s. 1008.22.
1710 (2)(a) Each private prekindergarten provider and public
1711 school may select or design the curriculum that the provider or
1712 school uses to implement the Voluntary Prekindergarten Education
1713 Program, except as otherwise required for a provider or school
1714 that is placed on probation under s. 1002.68 paragraph (4)(c).
1715 (b) Each private prekindergarten provider’s and public
1716 school’s curriculum must be developmentally appropriate and
1717 must:
1718 1. Be designed to prepare a student for early literacy and
1719 provide for instruction in early math skills;
1720 2. Enhance the age-appropriate progress of students in
1721 attaining the performance standards adopted by the department
1722 under subsection (1); and
1723 3. Support student learning gains through differentiated
1724 instruction that shall be measured by the coordinated screening
1725 and progress monitoring program under s. 1008.2125 Prepare
1726 students to be ready for kindergarten based upon the statewide
1727 kindergarten screening administered under s. 1002.69.
1728 (c) The department office shall adopt procedures for the
1729 review and approval of approve curricula for use by private
1730 prekindergarten providers and public schools that are placed on
1731 probation under s. 1002.68 paragraph (4)(c). The department
1732 office shall administer the review and approval process and
1733 maintain a list of the curricula approved under this paragraph.
1734 Each approved curriculum must meet the requirements of paragraph
1735 (b).
1736 (3)(a) Contingent upon legislative appropriation, each
1737 private prekindergarten provider and public school in the
1738 Voluntary Prekindergarten Education Program must implement an
1739 evidence-based pre- and post-assessment that has been approved
1740 by rule of the State Board of Education.
1741 (b) In order to be approved, the assessment must be valid,
1742 reliable, developmentally appropriate, and designed to measure
1743 student progress on domains which must include, but are not
1744 limited to, early literacy, numeracy, and language.
1745 (c) The pre- and post-assessment must be administered by
1746 individuals meeting requirements established by rule of the
1747 State Board of Education.
1748 (4)(a) Each early learning coalition shall verify that each
1749 private prekindergarten provider delivering the Voluntary
1750 Prekindergarten Education Program within the coalition’s county
1751 or multicounty region complies with this part. Each district
1752 school board shall verify that each public school delivering the
1753 program within the school district complies with this part.
1754 (b) If a private prekindergarten provider or public school
1755 fails or refuses to comply with this part, or if a provider or
1756 school engages in misconduct, the office shall require the early
1757 learning coalition to remove the provider and require the school
1758 district to remove the school from eligibility to deliver the
1759 Voluntary Prekindergarten Education Program and receive state
1760 funds under this part for a period of 5 years.
1761 (c)1. If the kindergarten readiness rate of a private
1762 prekindergarten provider or public school falls below the
1763 minimum rate adopted by the office as satisfactory under s.
1764 1002.69(6), the early learning coalition or school district, as
1765 applicable, shall require the provider or school to submit an
1766 improvement plan for approval by the coalition or school
1767 district, as applicable, and to implement the plan; shall place
1768 the provider or school on probation; and shall require the
1769 provider or school to take certain corrective actions, including
1770 the use of a curriculum approved by the office under paragraph
1771 (2)(c) or a staff development plan to strengthen instruction in
1772 language development and phonological awareness approved by the
1773 office.
1774 2. A private prekindergarten provider or public school that
1775 is placed on probation must continue the corrective actions
1776 required under subparagraph 1., including the use of a
1777 curriculum or a staff development plan to strengthen instruction
1778 in language development and phonological awareness approved by
1779 the office, until the provider or school meets the minimum rate
1780 adopted by the office as satisfactory under s. 1002.69(6).
1781 Failure to implement an approved improvement plan or staff
1782 development plan shall result in the termination of the
1783 provider’s contract to deliver the Voluntary Prekindergarten
1784 Education Program for a period of 5 years.
1785 3. If a private prekindergarten provider or public school
1786 remains on probation for 2 consecutive years and fails to meet
1787 the minimum rate adopted by the office as satisfactory under s.
1788 1002.69(6) and is not granted a good cause exemption by the
1789 office pursuant to s. 1002.69(7), the office shall require the
1790 early learning coalition or the school district to remove, as
1791 applicable, the provider or school from eligibility to deliver
1792 the Voluntary Prekindergarten Education Program and receive
1793 state funds for the program for a period of 5 years.
1794 (d) Each early learning coalition and the office shall
1795 coordinate with the Child Care Services Program Office of the
1796 Department of Children and Families to minimize interagency
1797 duplication of activities for monitoring private prekindergarten
1798 providers for compliance with requirements of the Voluntary
1799 Prekindergarten Education Program under this part, the school
1800 readiness program under part VI of this chapter, and the
1801 licensing of providers under ss. 402.301-402.319.
1802 Section 41. Section 1002.68, Florida Statutes, is created
1803 to read:
1804 1002.68 Voluntary Prekindergarten Education Program
1805 accountability.—
1806 (1)(a) Beginning with the 2022-2023 program year, each
1807 private prekindergarten provider and public school participating
1808 in the Voluntary Prekindergarten Education Program must
1809 participate in the coordinated screening and progress monitoring
1810 program in accordance with s. 1008.2125. The coordinated
1811 screening and progress monitoring program results shall be used
1812 by the department to identify student learning gains, index
1813 development learning outcomes upon program completion relative
1814 to the performance standards established under s. 1002.67 and
1815 representative norms, and inform a private prekindergarten
1816 provider’s and public school’s performance metric.
1817 (b) At a minimum, the initial and final progress monitoring
1818 or screening must be administered by individuals meeting
1819 requirements adopted by the department under s. 1008.2125.
1820 (c) Each private prekindergarten provider and public school
1821 must provide a student’s performance results from the
1822 coordinated screening and progress monitoring to the student’s
1823 parents within 7 days after the administration of such
1824 coordinated screening and progress monitoring.
1825 (2) Beginning with the 2021-2022 program year, each private
1826 prekindergarten provider and public school in the Voluntary
1827 Prekindergarten Education Program must participate in a program
1828 assessment of each voluntary prekindergarten education
1829 classroom. The program assessment shall measure the quality of
1830 teacher-child interactions, including emotional support,
1831 classroom organization, and instructional support for children
1832 ages 3 to 5 years. Each private prekindergarten provider and
1833 public school in the Voluntary Prekindergarten Education Program
1834 shall receive from the department the results of the program
1835 assessment for each classroom within 14 days after the
1836 observation. Each early learning coalition shall be responsible
1837 for the administration of the program assessments, which must be
1838 conducted by individuals qualified to conduct program
1839 assessments under s. 1002.82(2)(n).
1840 (3)(a) For the 2020-2021 program year, the department shall
1841 calculate a kindergarten readiness rate for each private
1842 prekindergarten provider and public school in the Voluntary
1843 Prekindergarten Education Program, based upon learning gains and
1844 the percentage of students who are assessed as ready for
1845 kindergarten. The department shall require that each school
1846 district administer the statewide kindergarten screening in use
1847 before the 2021-2022 school year to each kindergarten student in
1848 the school district within the first 30 school days of the 2021
1849 2022 school year. Private schools may administer the statewide
1850 kindergarten screening to each kindergarten student in a private
1851 school who was enrolled in the Voluntary Prekindergarten
1852 Education Program. Learning gains shall be determined using a
1853 value-added measure based on growth demonstrated by the results
1854 of the preassessment and postassessment in use before the 2021
1855 2022 program year. Any private prekindergarten provider or
1856 public school in the Voluntary Prekindergarten Education Program
1857 which fails to meet the minimum kindergarten readiness rate for
1858 the 2020-2021 program year is subject to the probation
1859 requirements of subsection (5).
1860 (b) For the 2021-2022 program year, the department shall
1861 calculate a program assessment composite score for each provider
1862 based on the program assessment under subsection (2). Any
1863 private prekindergarten provider or public school in the
1864 Voluntary Prekindergarten Education Program which fails to meet
1865 the minimum program assessment composite score established by
1866 the state board pursuant to s. 1002.82(2)(n) for the 2021-2022
1867 program year is subject to the probation requirements of
1868 subsection (5).
1869 (4)(a) Beginning with the 2022-2023 program year, the
1870 department shall adopt a methodology for calculating each
1871 private prekindergarten provider’s and public school provider’s
1872 performance metric, which must be based on a combination of the
1873 following:
1874 1. Program assessment composite scores under subsection
1875 (3), which must be weighted at no less than 50 percent.
1876 2. Learning gains operationalized as change in ability
1877 scores from the initial and final progress monitoring results
1878 described in subsection (1).
1879 3. Norm-referenced developmental learning outcomes
1880 described in subsection (1).
1881 (b) The methodology for calculating a provider’s
1882 performance metric may only include prekindergarten students who
1883 have attended at least 85 percent of a private prekindergarten
1884 provider’s or public school’s program.
1885 (c) The program assessment composite score and performance
1886 metric must be calculated for each private prekindergarten or
1887 public school site.
1888 (d) The methodology shall include a statistical latent
1889 profile analysis that has been conducted by an independent
1890 expert with experience in relevant quantitative analysis, early
1891 childhood assessment, and designing state-level accountability
1892 systems. The independent expert shall be able to produce a
1893 limited number of performance metric profiles that summarize the
1894 profiles of all sites that must be used to inform the following
1895 designations: “unsatisfactory,” “emerging proficiency,”
1896 “proficient,” “highly proficient,” and “excellent” or comparable
1897 terminology determined by the State Board of Education which may
1898 not include letter grades. The independent expert may not be a
1899 direct stakeholder or have had a financial interest in the
1900 design or delivery of the Voluntary Prekindergarten Education
1901 Program or public school system within the last 5 years.
1902 (e) Subject to an appropriation, the department shall
1903 provide for a differential payment to a private prekindergarten
1904 provider and public school based on the provider’s designation.
1905 The maximum differential payment may not exceed a total of 15
1906 percent of the base student allocation per full-time equivalent
1907 student under s. 1002.71 attending in the consecutive program
1908 year for that program. A private prekindergarten provider or
1909 public school may not receive a differential payment if it
1910 receives a designation of proficient or lower. Before the
1911 adoption of the methodology, the department and the independent
1912 expert shall confer with the Council for Early Grade Success
1913 under s. 1008.2125 before receiving approval from the State
1914 Board of Education for the final recommendations on the
1915 designation system and differential payments.
1916 (f) The department shall adopt procedures to annually
1917 calculate each private prekindergarten provider’s and public
1918 school’s performance metric, based on the methodology adopted in
1919 paragraphs (a) and (b), and assign a designation under paragraph
1920 (d). Beginning with the 2023-2024 program year, each private
1921 prekindergarten provider or public school shall be assigned a
1922 designation within 45 days after the conclusion of the school
1923 year Voluntary Prekindergarten Education Program delivered by
1924 all participating private prekindergarten providers or public
1925 schools and within 45 days after the conclusion of the summer
1926 Voluntary Prekindergarten Education Program delivered by all
1927 participating private prekindergarten providers or public
1928 schools.
1929 (g) A private prekindergarten provider or public school
1930 designated “proficient,” “highly proficient,” or “excellent”
1931 demonstrates the provider’s or school’s satisfactory delivery of
1932 the Voluntary Prekindergarten Education Program.
1933 (h) The designations shall be displayed in the early
1934 learning provider performance profiles required under s.
1935 1002.92(3).
1936 (5)(a) If a public school’s or private prekindergarten
1937 provider’s program assessment composite score for its
1938 prekindergarten classrooms fails to meet the minimum program
1939 assessment composite score for contracting established by the
1940 department pursuant to s. 1002.82(2)(n), the private
1941 prekindergarten provider or public school may not participate in
1942 the Voluntary Prekindergarten Education Program beginning in the
1943 consecutive program year and thereafter until the public school
1944 or private prekindergarten provider meets the minimum composite
1945 score for contracting.
1946 (b) If a private prekindergarten provider’s or public
1947 school’s performance metric or designation falls below the
1948 minimum performance metric or designation, the early learning
1949 coalition shall:
1950 1. Require the provider or school to submit for approval to
1951 the early learning coalition an improvement plan and implement
1952 the plan.
1953 2. Place the provider or school on probation.
1954 3. Require the provider or school to take certain
1955 corrective actions, including the use of a curriculum approved
1956 by the department under s. 1002.67(2)(c) and a staff development
1957 plan approved by the department to strengthen instructional
1958 practices in emotional support, classroom organization,
1959 instructional support, language development, phonological
1960 awareness, alphabet knowledge, and mathematical thinking.
1961 (c) A private prekindergarten provider or public school
1962 placed on probation must continue the corrective actions
1963 required under paragraph (b) until the provider or school meets
1964 the minimum performance metric or designation adopted by the
1965 department. Failure to meet the requirements of subparagraphs
1966 (b)1. and 3. shall result in the termination of the provider’s
1967 or school’s contract to deliver the Voluntary Prekindergarten
1968 Education Program for a period of at least 2 years but no more
1969 than 5 years.
1970 (d) If a private prekindergarten provider or public school
1971 remains on probation for 2 consecutive years and fails to meet
1972 the minimum performance metric or designation, or is not granted
1973 a good cause exemption by the department, the department shall
1974 require the early learning coalition to revoke the provider’s or
1975 school’s eligibility to deliver the Voluntary Prekindergarten
1976 Education Program and receive state funds for the program for a
1977 period of at least 2 years but no more than 5 years.
1978 (6)(a) The department, upon the request of a private
1979 prekindergarten provider or public school that remains on
1980 probation for at least 2 consecutive years and subsequently
1981 fails to meet the minimum performance metric or designation, and
1982 for good cause shown, may grant to the provider or school an
1983 exemption from being determined ineligible to deliver the
1984 Voluntary Prekindergarten Education Program and receive state
1985 funds for the program. Such exemption is valid for 1 year and,
1986 upon the request of the private prekindergarten provider or
1987 public school and for good cause shown, may be renewed.
1988 (b) A private prekindergarten provider’s or public school’s
1989 request for a good cause exemption, or renewal of such an
1990 exemption, must be submitted to the department in the manner and
1991 within the timeframes prescribed by the department and must
1992 include the following:
1993 1. Data from the private prekindergarten provider or public
1994 school which documents the achievement and progress of the
1995 children served, as measured by any required screenings or
1996 assessments.
1997 2. Data from the program assessment required under
1998 subsection (2) which demonstrates effective teaching practices
1999 as recognized by the tool developer.
2000 3. Data from the early learning coalition or district
2001 school board, as applicable, the Department of Children and
2002 Families, the local licensing authority, or an accrediting
2003 association, as applicable, relating to the private
2004 prekindergarten provider’s or public school’s compliance with
2005 state and local health and safety standards.
2006 (c) The department shall adopt criteria for granting good
2007 cause exemptions. Such criteria must include, but are not
2008 limited to, all of the following:
2009 1. Child demographic data that evidences a private
2010 prekindergarten provider or public school serves a statistically
2011 significant population of children with special needs who have
2012 individual education plans and can demonstrate progress toward
2013 meeting the goals outlined in the students’ individual education
2014 plans.
2015 2. Learning gains of children served in the Voluntary
2016 Prekindergarten Education Program by the private prekindergarten
2017 provider or public school on an alternative measure that has
2018 comparable validity and reliability of the coordinated screening
2019 and progress monitoring program in accordance with s. 1008.2125.
2020 3. Program assessment data under subsection (2) which
2021 demonstrates effective teaching practices as recognized by the
2022 tool developer.
2023 4. Verification that local and state health and safety
2024 requirements are met.
2025 (d) A good cause exemption may not be granted to any
2026 private prekindergarten provider or public school that has any
2027 class I violations or two or more class II violations, as
2028 defined by rule of the Department of Children and Families,
2029 within the 2 years preceding the provider’s or school’s request
2030 for the exemption.
2031 (e) A private prekindergarten provider or public school
2032 granted a good cause exemption shall continue to implement its
2033 improvement plan and continue the corrective actions required
2034 under subsection (5)(b) until the provider or school meets the
2035 minimum performance metric.
2036 (f) If a good cause exemption is granted to a private
2037 prekindergarten provider or public school that remains on
2038 probation for 2 consecutive years and if the provider meets all
2039 other applicable requirements of this part, the department shall
2040 notify the early learning coalition of the good cause exemption
2041 and direct that the early learning coalition not remove the
2042 provider from eligibility to deliver the Voluntary
2043 Prekindergarten Education Program or to receive state funds for
2044 the program.
2045 (g) The department shall report the number of private
2046 prekindergarten providers or public schools that have received a
2047 good cause exemption and the reasons for the exemptions as part
2048 of its annual reporting requirements under s. 1002.82(7).
2049 (7) Representatives from each school district and
2050 corresponding early learning coalitions must meet annually to
2051 develop strategies to transition students from the Voluntary
2052 Prekindergarten Education Program to kindergarten.
2053 Section 42. Section 1002.69, Florida Statutes, is repealed.
2054 Section 43. Paragraph (c) of subsection (3), subsection
2055 (4), paragraph (b) of subsection (5), paragraphs (b) and (d) of
2056 subsection (6), and subsection (7) of section 1002.71, Florida
2057 Statutes, are amended to read:
2058 1002.71 Funding; financial and attendance reporting.—
2059 (3)
2060 (c) The initial allocation shall be based on estimated
2061 student enrollment in each coalition service area. The
2062 department Office of Early Learning shall reallocate funds among
2063 the coalitions based on actual full-time equivalent student
2064 enrollment in each coalition service area. Each coalition shall
2065 report student enrollment pursuant to subsection (2) on a
2066 monthly basis. A student enrollment count for the prior fiscal
2067 year may not be amended after September 30 of the subsequent
2068 fiscal year.
2069 (4) Notwithstanding s. 1002.53(3) and subsection (2):
2070 (a) A child who, for any of the prekindergarten programs
2071 listed in s. 1002.53(3), has not completed more than 70 percent
2072 of the hours authorized to be reported for funding under
2073 subsection (2), or has not expended more than 70 percent of the
2074 funds authorized for the child under s. 1002.66, may withdraw
2075 from the program for good cause and reenroll in one of the
2076 programs. The total funding for a child who reenrolls in one of
2077 the programs for good cause may not exceed one full-time
2078 equivalent student. Funding for a child who withdraws and
2079 reenrolls in one of the programs for good cause shall be issued
2080 in accordance with the department’s Office of Early Learning’s
2081 uniform attendance policy adopted pursuant to paragraph (6)(d).
2082 (b) A child who has not substantially completed any of the
2083 prekindergarten programs listed in s. 1002.53(3) may withdraw
2084 from the program due to an extreme hardship that is beyond the
2085 child’s or parent’s control, reenroll in one of the summer
2086 programs, and be reported for funding purposes as a full-time
2087 equivalent student in the summer program for which the child is
2088 reenrolled.
2089
2090 A child may reenroll only once in a prekindergarten program
2091 under this section. A child who reenrolls in a prekindergarten
2092 program under this subsection may not subsequently withdraw from
2093 the program and reenroll, unless the child is granted a good
2094 cause exemption under this subsection. The department Office of
2095 Early Learning shall establish criteria specifying whether a
2096 good cause exists for a child to withdraw from a program under
2097 paragraph (a), whether a child has substantially completed a
2098 program under paragraph (b), and whether an extreme hardship
2099 exists which is beyond the child’s or parent’s control under
2100 paragraph (b).
2101 (5)
2102 (b) The department Office of Early Learning shall adopt
2103 procedures for the payment of private prekindergarten providers
2104 and public schools delivering the Voluntary Prekindergarten
2105 Education Program. The procedures shall provide for the advance
2106 payment of providers and schools based upon student enrollment
2107 in the program, the certification of student attendance, and the
2108 reconciliation of advance payments in accordance with the
2109 uniform attendance policy adopted under paragraph (6)(d). The
2110 procedures shall provide for the monthly distribution of funds
2111 by the department Office of Early Learning to the early learning
2112 coalitions for payment by the coalitions to private
2113 prekindergarten providers and public schools.
2114 (6)
2115 (b)1. Each private prekindergarten provider’s and district
2116 school board’s attendance policy must require the parent of each
2117 student in the Voluntary Prekindergarten Education Program to
2118 verify, each month, the student’s attendance on the prior
2119 month’s certified student attendance.
2120 2. The parent must submit the verification of the student’s
2121 attendance to the private prekindergarten provider or public
2122 school on forms prescribed by the department Office of Early
2123 Learning. The forms must include, in addition to the
2124 verification of the student’s attendance, a certification, in
2125 substantially the following form, that the parent continues to
2126 choose the private prekindergarten provider or public school in
2127 accordance with s. 1002.53 and directs that payments for the
2128 program be made to the provider or school:
2129
2130 VERIFICATION OF STUDENT’S ATTENDANCE
2131 AND CERTIFICATION OF PARENTAL CHOICE
2132 I, ...(Name of Parent)..., swear (or affirm) that my child,
2133 ...(Name of Student)..., attended the Voluntary Prekindergarten
2134 Education Program on the days listed above and certify that I
2135 continue to choose ...(Name of Provider or School)... to deliver
2136 the program for my child and direct that program funds be paid
2137 to the provider or school for my child.
2138 ...(Signature of Parent)...
2139 ...(Date)...
2140 3. The private prekindergarten provider or public school
2141 must keep each original signed form for at least 2 years. Each
2142 private prekindergarten provider must permit the early learning
2143 coalition, and each public school must permit the school
2144 district, to inspect the original signed forms during normal
2145 business hours. The department Office of Early Learning shall
2146 adopt procedures for early learning coalitions and school
2147 districts to review the original signed forms against the
2148 certified student attendance. The review procedures shall
2149 provide for the use of selective inspection techniques,
2150 including, but not limited to, random sampling. Each early
2151 learning coalition and the school districts must comply with the
2152 review procedures.
2153 (d) The department Office of Early Learning shall adopt,
2154 for funding purposes, a uniform attendance policy for the
2155 Voluntary Prekindergarten Education Program. The attendance
2156 policy must apply statewide and apply equally to all private
2157 prekindergarten providers and public schools. The attendance
2158 policy must include at least the following provisions:
2159 1. A student’s attendance may be reported on a pro rata
2160 basis as a fractional part of a full-time equivalent student.
2161 2. At a maximum, 20 percent of the total payment made on
2162 behalf of a student to a private prekindergarten provider or a
2163 public school may be for hours a student is absent.
2164 3. A private prekindergarten provider or public school may
2165 not receive payment for absences that occur before a student’s
2166 first day of attendance or after a student’s last day of
2167 attendance.
2168
2169 The uniform attendance policy shall be used only for funding
2170 purposes and does not prohibit a private prekindergarten
2171 provider or public school from adopting and enforcing its
2172 attendance policy under paragraphs (a) and (c).
2173 (7) The department Office of Early Learning shall require
2174 that administrative expenditures be kept to the minimum
2175 necessary for efficient and effective administration of the
2176 Voluntary Prekindergarten Education Program. Administrative
2177 policies and procedures shall be revised, to the maximum extent
2178 practicable, to incorporate the use of automation and electronic
2179 submission of forms, including those required for child
2180 eligibility and enrollment, provider and class registration, and
2181 monthly certification of attendance for payment. A school
2182 district may use its automated daily attendance reporting system
2183 for the purpose of transmitting attendance records to the early
2184 learning coalition in a mutually agreed-upon format. In
2185 addition, actions shall be taken to reduce paperwork, eliminate
2186 the duplication of reports, and eliminate other duplicative
2187 activities. Each early learning coalition may retain and expend
2188 no more than 4.0 percent of the funds paid by the coalition to
2189 private prekindergarten providers and public schools under
2190 paragraph (5)(b). Funds retained by an early learning coalition
2191 under this subsection may be used only for administering the
2192 Voluntary Prekindergarten Education Program and may not be used
2193 for the school readiness program or other programs.
2194 Section 44. Subsection (1) of section 1002.72, Florida
2195 Statutes, is amended to read:
2196 1002.72 Records of children in the Voluntary
2197 Prekindergarten Education Program.—
2198 (1)(a) The records of a child enrolled in the Voluntary
2199 Prekindergarten Education Program held by an early learning
2200 coalition, the department Office of Early Learning, or a
2201 Voluntary Prekindergarten Education Program provider are
2202 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
2203 of the State Constitution. For purposes of this section, such
2204 records include assessment data, health data, records of teacher
2205 observations, and personal identifying information of an
2206 enrolled child and his or her parent.
2207 (b) This exemption applies to the records of a child
2208 enrolled in the Voluntary Prekindergarten Education Program held
2209 by an early learning coalition, the department Office of Early
2210 Learning, or a Voluntary Prekindergarten Education Program
2211 provider before, on, or after the effective date of this
2212 exemption.
2213 Section 45. Section 1002.73, Florida Statutes, is amended
2214 to read:
2215 1002.73 Department of Education; powers and duties;
2216 accountability requirements.—
2217 (1) The department shall adopt by rule a standard statewide
2218 provider contract to be used with each Voluntary Prekindergarten
2219 Education Program provider, with standardized attachments by
2220 provider type. The department shall publish a copy of the
2221 standard statewide provider contract on its website. The
2222 standard statewide provider contract shall include, at a
2223 minimum, provisions for provider probation, termination for
2224 cause, and emergency termination for actions or inactions of a
2225 provider which pose an immediate and serious danger to the
2226 health, safety, or welfare of children. The standard statewide
2227 provider contract shall also include appropriate due process
2228 procedures. During the pendency of an appeal of a termination,
2229 the provider may not continue to offer its services. Any
2230 provision imposed upon a provider which is inconsistent with, or
2231 prohibited by, law is void and unenforceable administer the
2232 accountability requirements of the Voluntary Prekindergarten
2233 Education Program at the state level.
2234 (2) The department shall adopt procedures for its:
2235 (a) The approval of prekindergarten director credentials
2236 under ss. 1002.55 and 1002.57.
2237 (b) The approval of emergent literacy and early mathematics
2238 skills training courses under ss. 1002.55 and 1002.59.
2239 (c) Annually notifying private prekindergarten providers
2240 and public schools placed on probation for not meeting the
2241 minimum performance metric or designation as required by s.
2242 1002.68 of the high-quality professional development
2243 opportunities developed or supported by the department.
2244 (d) The administration of the Voluntary Prekindergarten
2245 Education Program by the early learning coalitions, including,
2246 but not limited to, procedures for:
2247 1. Enrolling students in and determining the eligibility of
2248 children for the Voluntary Prekindergarten Education Program
2249 under s. 1002.53, which shall include the enrollment of children
2250 by public schools and private providers that meet specified
2251 requirements.
2252 2. Providing parents with profiles of private
2253 prekindergarten providers and public schools under s. 1002.53.
2254 3. Registering private prekindergarten providers and public
2255 schools to deliver the program under ss. 1002.55, 1002.61, and
2256 1002.63.
2257 4. Determining the eligibility of private prekindergarten
2258 providers to deliver the program under ss. 1002.55 and 1002.61
2259 and streamlining the process of determining provider eligibility
2260 whenever possible.
2261 5. Verifying the compliance of private prekindergarten
2262 providers and public schools and removing providers or schools
2263 from eligibility to deliver the program due to noncompliance or
2264 misconduct as provided in s. 1002.67.
2265 6. Paying private prekindergarten providers and public
2266 schools under s. 1002.71.
2267 7. Documenting and certifying student enrollment and
2268 student attendance under s. 1002.71.
2269 8. Reconciling advance payments in accordance with the
2270 uniform attendance policy under s. 1002.71.
2271 9. Reenrolling students dismissed by a private
2272 prekindergarten provider or public school for noncompliance with
2273 the provider’s or school district’s attendance policy under s.
2274 1002.71.
2275 (3) The department shall administer the accountability
2276 requirements of the Voluntary Prekindergarten Education Program
2277 at the state level.
2278 (4) The department shall adopt procedures governing the
2279 administration of the Voluntary Prekindergarten Education
2280 Program by the early learning coalitions for:
2281 (a) Approving improvement plans of private prekindergarten
2282 providers and public schools under s. 1002.68.
2283 (b) Placing private prekindergarten providers and public
2284 schools on probation and requiring corrective actions under s.
2285 1002.68.
2286 (c) Removing a private prekindergarten provider or public
2287 school from eligibility to deliver the program due to the
2288 provider’s or school’s remaining on probation beyond the time
2289 permitted under s. 1002.68. Notwithstanding any other law, if a
2290 private prekindergarten provider has been cited for a class I
2291 violation, as defined by rule of the Child Care Services Program
2292 Office of the Department of Children and Families, the coalition
2293 may refuse to contract with the provider or revoke the
2294 provider’s eligibility to deliver the Voluntary Prekindergarten
2295 Education Program.
2296 (d) Enrolling children in and determining the eligibility
2297 of children for the Voluntary Prekindergarten Education Program
2298 under s. 1002.66.
2299 (e) Paying specialized instructional services providers
2300 under s. 1002.66.
2301 (c) Administration of the statewide kindergarten screening
2302 and calculation of kindergarten readiness rates under s.
2303 1002.69.
2304 (d) Implementation of, and determination of costs
2305 associated with, the state-approved prekindergarten enrollment
2306 screening and the standardized postassessment approved by the
2307 department, and determination of the learning gains of students
2308 who complete the state-approved prekindergarten enrollment
2309 screening and the standardized postassessment approved by the
2310 department.
2311 (f)(e) Approving Approval of specialized instructional
2312 services providers under s. 1002.66.
2313 (f) Annual reporting of the percentage of kindergarten
2314 students who meet all state readiness measures.
2315 (g) Granting of a private prekindergarten provider’s or
2316 public school’s request for a good cause exemption under s.
2317 1002.68 s. 1002.69(7).
2318 (5) The department shall adopt procedures for the
2319 distribution of funds to early learning coalitions under s.
2320 1002.71.
2321 (6)(3) Except as provided by law, the department may not
2322 impose requirements on a private prekindergarten provider or
2323 public school that does not deliver the Voluntary
2324 Prekindergarten Education Program or receive state funds under
2325 this part.
2326 Section 46. Sections 1002.75, Florida Statutes, is
2327 repealed.
2328 Section 47. Section 1002.79, Florida Statutes, is amended
2329 to read:
2330 1002.79 Rulemaking authority.—The State Board of Education
2331 Office of Early Learning shall adopt rules under ss. 120.536(1)
2332 and 120.54 to administer the provisions of this part conferring
2333 duties upon the department office.
2334 Section 48. Section 1002.81, Florida Statutes, is amended
2335 to read:
2336 1002.81 Definitions.—Consistent with the requirements of 45
2337 C.F.R. parts 98 and 99 and as used in this part, the term:
2338 (1) “At-risk child” means:
2339 (a) A child from a family under investigation by the
2340 Department of Children and Families or a designated sheriff’s
2341 office for child abuse, neglect, abandonment, or exploitation.
2342 (b) A child who is in a diversion program provided by the
2343 Department of Children and Families or its contracted provider
2344 and who is from a family that is actively participating and
2345 complying in department-prescribed activities, including
2346 education, health services, or work.
2347 (c) A child from a family that is under supervision by the
2348 Department of Children and Families or a contracted service
2349 provider for abuse, neglect, abandonment, or exploitation.
2350 (d) A child placed in court-ordered, long-term custody or
2351 under the guardianship of a relative or nonrelative after
2352 termination of supervision by the Department of Children and
2353 Families or its contracted provider.
2354 (e) A child in the custody of a parent who is considered a
2355 victim of domestic violence and is receiving services through a
2356 certified domestic violence center.
2357 (f) A child in the custody of a parent who is considered
2358 homeless as verified by a Department of Children and Families
2359 certified homeless shelter.
2360 (2) “Authorized hours of care” means the hours of care that
2361 are necessary to provide protection, maintain employment, or
2362 complete work activities or eligible educational activities,
2363 including reasonable travel time.
2364 (12)(3) “Prevailing Average market rate” means the
2365 biennially determined 75th percentile of a reasonable frequency
2366 distribution average of the market rate by program care level
2367 and provider type in a predetermined geographic market at which
2368 child care providers charge a person for child care services.
2369 (3)(4) “Direct enhancement services” means services for
2370 families and children that are in addition to payments for the
2371 placement of children in the school readiness program. Direct
2372 enhancement services for families and children may include
2373 supports for providers, parent training and involvement
2374 activities, and strategies to meet the needs of unique
2375 populations and local eligibility priorities. Direct enhancement
2376 services offered by an early learning coalition shall be
2377 consistent with the activities prescribed in s. 1002.89(5)(b) s.
2378 1002.89(6)(b).
2379 (4)(5) “Disenrollment” means the removal, either temporary
2380 or permanent, of a child from participation in the school
2381 readiness program. Removal of a child from the school readiness
2382 program may be based on the following events: a reduction in
2383 available school readiness program funding, participant’s
2384 failure to meet eligibility or program participation
2385 requirements, fraud, or a change in local service priorities.
2386 (5)(6) “Earned income” means gross remuneration derived
2387 from work, professional service, or self-employment. The term
2388 includes commissions, bonuses, back pay awards, and the cash
2389 value of all remuneration paid in a medium other than cash.
2390 (6)(7) “Economically disadvantaged” means having a family
2391 income that does not exceed 150 percent of the federal poverty
2392 level and includes being a child of a working migratory family
2393 as defined by 34 C.F.R. s. 200.81(d) or (f) or an agricultural
2394 worker who is employed by more than one agricultural employer
2395 during the course of a year, and whose income varies according
2396 to weather conditions and market stability.
2397 (7)(8) “Family income” means the combined gross income,
2398 whether earned or unearned, that is derived from any source by
2399 all family or household members who are 18 years of age or older
2400 who are currently residing together in the same dwelling unit.
2401 The term does not include income earned by a currently enrolled
2402 high school student who, since attaining the age of 18 years, or
2403 a student with a disability who, since attaining the age of 22
2404 years, has not terminated school enrollment or received a high
2405 school diploma, high school equivalency diploma, special
2406 diploma, or certificate of high school completion. The term also
2407 does not include food stamp benefits or federal housing
2408 assistance payments issued directly to a landlord or the
2409 associated utilities expenses.
2410 (8)(9) “Family or household members” means spouses, former
2411 spouses, persons related by blood or marriage, persons who are
2412 parents of a child in common regardless of whether they have
2413 been married, and other persons who are currently residing
2414 together in the same dwelling unit as if a family.
2415 (9)(10) “Full-time care” means at least 6 hours, but not
2416 more than 11 hours, of child care or early childhood education
2417 services within a 24-hour period.
2418 (10)(11) “Market rate” means the price that a child care or
2419 early childhood education provider charges for full-time or
2420 part-time daily, weekly, or monthly child care or early
2421 childhood education services.
2422 (12) “Office” means the Office of Early Learning of the
2423 Department of Education.
2424 (11)(13) “Part-time care” means less than 6 hours of child
2425 care or early childhood education services within a 24-hour
2426 period.
2427 (13)(14) “Single point of entry” means an integrated
2428 information system that allows a parent to enroll his or her
2429 child in the school readiness program or the Voluntary
2430 Prekindergarten Education Program at various locations
2431 throughout a county, that may allow a parent to enroll his or
2432 her child by telephone or through a website, and that uses a
2433 uniform waiting list to track eligible children waiting for
2434 enrollment in the school readiness program.
2435 (14)(15) “Unearned income” means income other than earned
2436 income. The term includes, but is not limited to:
2437 (a) Documented alimony and child support received.
2438 (b) Social security benefits.
2439 (c) Supplemental security income benefits.
2440 (d) Workers’ compensation benefits.
2441 (e) Reemployment assistance or unemployment compensation
2442 benefits.
2443 (f) Veterans’ benefits.
2444 (g) Retirement benefits.
2445 (h) Temporary cash assistance under chapter 414.
2446 (15)(16) “Working family” means:
2447 (a) A single-parent family in which the parent with whom
2448 the child resides is employed or engaged in eligible work or
2449 education activities for at least 20 hours per week;
2450 (b) A two-parent family in which both parents with whom the
2451 child resides are employed or engaged in eligible work or
2452 education activities for a combined total of at least 40 hours
2453 per week; or
2454 (c) A two-parent family in which one of the parents with
2455 whom the child resides is exempt from work requirements due to
2456 age or disability, as determined and documented by a physician
2457 licensed under chapter 458 or chapter 459, and one parent is
2458 employed or engaged in eligible work or education activities at
2459 least 20 hours per week.
2460 Section 49. Section 1002.82, Florida Statutes, is amended
2461 to read:
2462 1002.82 Department of Education Office of Early Learning;
2463 powers and duties.—
2464 (1) For purposes of administration of the Child Care and
2465 Development Block Grant Trust Fund, pursuant to 45 C.F.R. parts
2466 98 and 99, the Department of Education Office of Early Learning
2467 is designated as the lead agency and must comply with lead
2468 agency responsibilities pursuant to federal law. The department
2469 office may apply to the Governor and Cabinet for a waiver of,
2470 and the Governor and Cabinet may waive, any provision of ss.
2471 411.223 and 1003.54 if the waiver is necessary for
2472 implementation of the school readiness program. Section
2473 125.901(2)(a)3. does not apply to the school readiness program.
2474 (2) The department office shall:
2475 (a) Focus on improving the educational quality delivered by
2476 all providers participating in the school readiness program.
2477 (b) Preserve parental choice by permitting parents to
2478 choose from a variety of child care categories, including
2479 center-based care, family child care, and informal child care to
2480 the extent authorized in the state’s Child Care and Development
2481 Fund Plan as approved by the United States Department of Health
2482 and Human Services pursuant to 45 C.F.R. s. 98.18. Care and
2483 curriculum by a faith-based provider may not be limited or
2484 excluded in any of these categories.
2485 (c) Be responsible for the prudent use of all public and
2486 private funds in accordance with all legal and contractual
2487 requirements, safeguarding the effective use of federal, state,
2488 and local resources to achieve the highest practicable level of
2489 school readiness for the children described in s. 1002.87,
2490 including:
2491 1. The adoption of a uniform chart of accounts for
2492 budgeting and financial reporting purposes that provides
2493 standardized definitions for expenditures and reporting,
2494 consistent with the requirements of 45 C.F.R. part 98 and s.
2495 1002.89 for each of the following categories of expenditure:
2496 a. Direct services to children.
2497 b. Administrative costs.
2498 c. Quality activities.
2499 d. Nondirect services.
2500 2. Coordination with other state and federal agencies to
2501 perform data matches on children participating in the school
2502 readiness program and their families in order to verify the
2503 children’s eligibility pursuant to s. 1002.87.
2504 (d) Establish procedures for the biennial calculation of
2505 the prevailing average market rate.
2506 (e) Review each early learning coalition’s school readiness
2507 program plan every 2 years and provide final approval of the
2508 plan and any amendments submitted.
2509 (f) Establish a unified approach to the state’s efforts to
2510 coordinate a comprehensive early learning program. In support of
2511 this effort, the department office:
2512 1. Shall adopt specific program support services that
2513 address the state’s school readiness program, including:
2514 a. Statewide data information program requirements that
2515 include:
2516 (I) Eligibility requirements.
2517 (II) Financial reports.
2518 (III) Program accountability measures.
2519 (IV) Child progress reports.
2520 b. Child care resource and referral services.
2521 c. A single point of entry and uniform waiting list.
2522 2. May provide technical assistance and guidance on
2523 additional support services to complement the school readiness
2524 program, including:
2525 a. Rating and improvement systems.
2526 a.b. Warm-Line services.
2527 b.c. Anti-fraud plans.
2528 d. School readiness program standards.
2529 e. Child screening and assessments.
2530 c.f. Training and support for parental involvement in
2531 children’s early education.
2532 d.g. Family literacy activities and services.
2533 (g) Provide technical assistance to early learning
2534 coalitions.
2535 (h) In cooperation with the early learning coalitions,
2536 coordinate with the Child Care Services Program Office of the
2537 Department of Children and Families to reduce paperwork and to
2538 avoid duplicating interagency activities, health and safety
2539 monitoring, and acquiring and composing data pertaining to child
2540 care training and credentialing.
2541 (i) Enter into a memorandum of understanding with local
2542 licensing agencies and the Child Care Services Program Office of
2543 the Department of Children and Families for inspections of
2544 school readiness program providers to monitor and verify
2545 compliance with s. 1002.88 and the health and safety checklist
2546 adopted by the department office. The provider contract of a
2547 school readiness program provider that refuses permission for
2548 entry or inspection shall be terminated. The health and safety
2549 checklist may not exceed the requirements of s. 402.305 and the
2550 Child Care and Development Fund pursuant to 45 C.F.R. part 98. A
2551 child development program that is accredited by a national
2552 accrediting body and operates on a military installation that is
2553 certified by the United States Department of Defense is exempted
2554 from the inspection requirements under s. 1002.88.
2555 (j) Monitor the alignment and consistency of the Develop
2556 and adopt standards and benchmarks developed and adopted by the
2557 department that address the age-appropriate progress of children
2558 in the development of school readiness skills. The standards for
2559 children from birth to kindergarten entry 5 years of age in the
2560 school readiness program must be aligned with the performance
2561 standards adopted for children in the Voluntary Prekindergarten
2562 Education Program and must address the following domains:
2563 1. Approaches to learning.
2564 2. Cognitive development and general knowledge.
2565 3. Numeracy, language, and communication.
2566 4. Physical development.
2567 5. Self-regulation.
2568 (k) Identify observation-based child assessments that are
2569 valid, reliable, and developmentally appropriate for use at
2570 least three times a year. The assessments must:
2571 1. Provide interval level and norm-referenced criterion
2572 referenced data that measures equivalent levels of growth across
2573 the core domains of early childhood development and that can be
2574 used for determining developmentally appropriate learning gains.
2575 2. Measure progress in the performance standards adopted
2576 pursuant to paragraph (j).
2577 3. Provide for appropriate accommodations for children with
2578 disabilities and English language learners and be administered
2579 by qualified individuals, consistent with the developer’s
2580 instructions.
2581 4. Coordinate with the performance standards adopted by the
2582 department under s. 1002.67(1) for the Voluntary Prekindergarten
2583 Education Program.
2584 5. Provide data in a format for use in the single statewide
2585 information system to meet the requirements of paragraph (q)
2586 (p).
2587 (l) Adopt a list of approved curricula that meet the
2588 performance standards for the school readiness program and
2589 establish a process for the review and approval of a provider’s
2590 curriculum that meets the performance standards.
2591 (m) Provide technical support to an early learning
2592 coalition to facilitate the use of Adopt by rule a standard
2593 statewide provider contract adopted by the department to be used
2594 with each school readiness program provider, with standardized
2595 attachments by provider type. The department office shall
2596 publish a copy of the standard statewide provider contract on
2597 its website. The standard statewide contract shall include, at a
2598 minimum, contracted slots, if applicable, in accordance with the
2599 Child Care and Development Block Grant Act of 2014, 45 C.F.R.
2600 parts 98 and 99; quality improvement strategies, if applicable;
2601 program assessment requirements; and provisions for provider
2602 probation, termination for cause, and emergency termination for
2603 those actions or inactions of a provider that pose an immediate
2604 and serious danger to the health, safety, or welfare of the
2605 children. The standard statewide provider contract shall also
2606 include appropriate due process procedures. During the pendency
2607 of an appeal of a termination, the provider may not continue to
2608 offer its services. Any provision imposed upon a provider that
2609 is inconsistent with, or prohibited by, law is void and
2610 unenforceable. Provisions for termination for cause must also
2611 include failure to meet the minimum quality measures established
2612 under paragraph (n) for a period of up to 5 years, unless the
2613 coalition determines that the provider is essential to meeting
2614 capacity needs based on the assessment under s. 1002.85(2)(j)
2615 and the provider has an active improvement plan pursuant to
2616 paragraph (n).
2617 (n) Adopt a program assessment for school readiness program
2618 providers that measures the quality of teacher-child
2619 interactions, including emotional and behavioral support,
2620 engaged support for learning, classroom organization, and
2621 instructional support for children ages birth to 5 years. The
2622 implementation of the program assessment must also include the
2623 following components adopted by rule of the State Board of
2624 Education:
2625 1. Quality measures, including a minimum program assessment
2626 composite score threshold for contracting purposes and program
2627 improvement through an improvement plan. The minimum program
2628 assessment composite score required for the Voluntary
2629 Prekindergarten Education Program contracting threshold must be
2630 the same as the minimum program assessment composite score
2631 required for contracting for the school readiness program. The
2632 methodology for the calculation of the minimum program
2633 assessment composite score shall be reviewed by the independent
2634 expert identified in s. 1002.68(4)(d).
2635 2. Requirements for program participation, frequency of
2636 program assessment, and exemptions.
2637 (o) No later than July 1, 2019, develop a differential
2638 payment program based on the quality measures adopted by the
2639 department office under paragraph (n). The differential payment
2640 may not exceed a total of 15 percent for each care level and
2641 unit of child care for a child care provider. No more than 5
2642 percent of the 15 percent total differential may be provided to
2643 providers who submit valid and reliable data to the statewide
2644 information system in the domains of language and executive
2645 functioning using a child assessment identified pursuant to
2646 paragraph (k). Providers below the minimum program assessment
2647 score adopted threshold for contracting purposes are ineligible
2648 for such payment.
2649 (p) No later than July 1, 2022, develop and adopt
2650 requirements for the implementation of a program designed to
2651 make available contracted slots to serve children at the
2652 greatest risk of school failure as determined by such children
2653 being located in an area that has been designated as a poverty
2654 area tract according to the latest census data. The contracted
2655 slot program may also be used to increase the availability of
2656 child care capacity based on the assessment under s.
2657 1002.85(2)(j).
2658 (q)(p) Establish a single statewide information system that
2659 each coalition must use for the purposes of managing the single
2660 point of entry, tracking children’s progress, coordinating
2661 services among stakeholders, determining eligibility of
2662 children, tracking child attendance, and streamlining
2663 administrative processes for providers and early learning
2664 coalitions. By July 1, 2019, the system, subject to ss. 1002.72
2665 and 1002.97, shall:
2666 1. Allow a parent to monitor the development of his or her
2667 child as the child moves among programs within the state.
2668 2. Enable analysis at the state, regional, and local level
2669 to measure child growth over time, program impact, and quality
2670 improvement and investment decisions.
2671 (r)(q) Provide technical support to coalitions to
2672 facilitate the use of Adopt by rule standardized procedures
2673 adopted in state board rule for early learning coalitions to use
2674 when monitoring the compliance of school readiness program
2675 providers with the terms of the standard statewide provider
2676 contract.
2677 (s)(r) At least biennially provide fiscal and programmatic
2678 monitoring to Monitor and evaluate the performance of each early
2679 learning coalition in administering the school readiness
2680 program, ensuring proper payments for school readiness program
2681 services, implementing the coalition’s school readiness program
2682 plan, and administering the Voluntary Prekindergarten Education
2683 Program. These monitoring and performance evaluations must
2684 include, at a minimum, onsite monitoring of each coalition’s
2685 finances, management, operations, and programs.
2686 (t)(s) Work in conjunction with the Bureau of Federal
2687 Education Programs within the Department of Education to
2688 coordinate readiness and voluntary prekindergarten services to
2689 the populations served by the bureau.
2690 (u)(t) Administer a statewide toll-free Warm-Line to
2691 provide assistance and consultation to child care facilities and
2692 family day care homes regarding health, developmental,
2693 disability, and special needs issues of the children they are
2694 serving, particularly children with disabilities and other
2695 special needs. The department office shall:
2696 1. Annually inform child care facilities and family day
2697 care homes of the availability of this service through the child
2698 care resource and referral network under s. 1002.92.
2699 2. Expand or contract for the expansion of the Warm-Line to
2700 maintain at least one Warm-Line in each early learning coalition
2701 service area.
2702 (v)(u) Develop and implement strategies to increase the
2703 supply and improve the quality of child care services for
2704 infants and toddlers, children with disabilities, children who
2705 receive care during nontraditional hours, children in
2706 underserved areas, and children in areas that have significant
2707 concentrations of poverty and unemployment.
2708 (w)(v) Establish preservice and inservice training
2709 requirements that address, at a minimum, school readiness child
2710 development standards, health and safety requirements, and
2711 social-emotional behavior intervention models, which may include
2712 positive behavior intervention and support models, including the
2713 integration of early learning professional development pathways
2714 established in s. 1002.995.
2715 (x)(w) Establish standards for emergency preparedness plans
2716 for school readiness program providers.
2717 (y)(x) Establish group sizes.
2718 (z)(y) Establish staff-to-children ratios that do not
2719 exceed the requirements of s. 402.302(8) or (11) or s.
2720 402.305(4), as applicable, for school readiness program
2721 providers.
2722 (aa)(z) Establish eligibility criteria, including
2723 limitations based on income and family assets, in accordance
2724 with s. 1002.87 and federal law.
2725 (3)(a) The department shall adopt performance standards and
2726 outcome measures for early learning coalitions that, at a
2727 minimum, include the development of objective customer service
2728 surveys that shall be deployed beginning in fiscal year 2022
2729 2023 and be distributed to:
2730 1. Customers who use the services in s. 1002.92 upon the
2731 completion of a referral inquiry.
2732 2. Parents, annually, at the time of eligibility
2733 determination.
2734 3. Child care providers that participate in the school
2735 readiness program or the Voluntary Prekindergarten Education
2736 Program at the time of execution of the statewide provider
2737 contract.
2738 4. Board members required under s. 1002.83.
2739 (b) Results of the survey shall be based on a statistically
2740 significant sample size and calculated annually for each early
2741 learning coalition and included in the department’s annual
2742 report under subsection (7). If an early learning coalition’s
2743 customer satisfaction survey results are below 60 percent, the
2744 coalition shall be placed on a 1-year corrective action plan.
2745 If, after being placed on corrective action, an early learning
2746 coalition’s customer satisfaction survey results do not improve
2747 above the 60 percent threshold, the department may contract out
2748 or merge the coalition.
2749 (4)(3) If the department office determines during the
2750 review of school readiness program plans, or through monitoring
2751 and performance evaluations conducted under s. 1002.85, that an
2752 early learning coalition has not substantially implemented its
2753 plan, has not substantially met the performance standards and
2754 outcome measures adopted by the department office, or has not
2755 effectively administered the school readiness program or
2756 Voluntary Prekindergarten Education Program, the department
2757 office may remove the coalition from eligibility to administer
2758 early learning programs and temporarily contract with a
2759 qualified entity to continue school readiness program and
2760 prekindergarten services in the coalition’s county or
2761 multicounty region until the department office reestablishes or
2762 merges the coalition and a new school readiness program plan is
2763 approved in accordance with the rules adopted by the state board
2764 office.
2765 (5) The department shall adopt procedures for merging early
2766 learning coalitions for failure to meet the requirements of
2767 subsection (3) or subsection (4), including procedures for the
2768 consolidation of merging coalitions that minimize duplication of
2769 programs and services due to the merger, and for the early
2770 termination of the terms of the coalition members which are
2771 necessary to accomplish the mergers.
2772 (6)(4) The department office may request the Governor to
2773 apply for a waiver to allow a coalition to administer the Head
2774 Start Program to accomplish the purposes of the school readiness
2775 program.
2776 (7)(5) By January 1 of each year, the department office
2777 shall annually publish on its website a report of its activities
2778 conducted under this section. The report must include a summary
2779 of the coalitions’ annual reports, a statewide summary, and the
2780 following:
2781 (a) An analysis of early learning activities throughout the
2782 state, including the school readiness program and the Voluntary
2783 Prekindergarten Education Program.
2784 1. The total and average number of children served in the
2785 school readiness program, enumerated by age, eligibility
2786 priority category, and coalition, and the total number of
2787 children served in the Voluntary Prekindergarten Education
2788 Program.
2789 2. A summary of expenditures by coalition, by fund source,
2790 including a breakdown by coalition of the percentage of
2791 expenditures for administrative activities, quality activities,
2792 nondirect services, and direct services for children.
2793 3. A description of the department’s office’s and each
2794 coalition’s expenditures by fund source for the quality and
2795 enhancement activities described in s. 1002.89(5)(b) s.
2796 1002.89(6)(b).
2797 4. A summary of annual findings and collections related to
2798 provider fraud and parent fraud.
2799 5. Data regarding the coalitions’ delivery of early
2800 learning programs.
2801 6. The total number of children disenrolled statewide and
2802 the reason for disenrollment.
2803 7. The total number of providers by provider type.
2804 8. The number of school readiness program providers who
2805 have completed the program assessment required under paragraph
2806 (2)(n); the number of providers who have not met the minimum
2807 program assessment composite score threshold for contracting
2808 established under paragraph (2)(n); and the number of providers
2809 that have an active improvement plan based on the results of the
2810 program assessment under paragraph (2)(n).
2811 9. The total number of provider contracts revoked and the
2812 reasons for revocation.
2813 (b) A detailed summary of the analysis compiled using the
2814 single statewide information system established in subsection
2815 (2) activities and detailed expenditures related to the Child
2816 Care Executive Partnership Program.
2817 (8)(a)(6)(a) Parental choice of child care providers,
2818 including private and faith-based providers, shall be
2819 established to the maximum extent practicable in accordance with
2820 45 C.F.R. s. 98.30.
2821 (b) As used in this subsection, the term “payment
2822 certificate” means a child care certificate as defined in 45
2823 C.F.R. s. 98.2.
2824 (c) The school readiness program shall, in accordance with
2825 45 C.F.R. s. 98.30, provide parental choice through a payment
2826 certificate that provides, to the maximum extent possible,
2827 flexibility in the school readiness program and payment
2828 arrangements. The payment certificate must bear the names of the
2829 beneficiary and the program provider and, when redeemed, must
2830 bear the signatures of both the beneficiary and an authorized
2831 representative of the provider.
2832 (d) If it is determined that a provider has given any cash
2833 or other consideration to the beneficiary in return for
2834 receiving a payment certificate, the early learning coalition or
2835 its fiscal agent shall refer the matter to the Department of
2836 Financial Services pursuant to s. 414.411 for investigation.
2837 (9)(7) Participation in the school readiness program does
2838 not expand the regulatory authority of the state, its officers,
2839 or an early learning coalition to impose any additional
2840 regulation on providers beyond those necessary to enforce the
2841 requirements set forth in this part and part V of this chapter.
2842 Section 50. Present subsections (5) through (14) of section
2843 1002.83, Florida Statutes, are redesignated as subsections (6)
2844 through (15), respectively, a new subsection (5) is added to
2845 that section, and subsections (1) and (3), paragraphs (e), (f),
2846 and (m) of subsection (4), and present subsections (5), (11),
2847 and (13) of that section are amended, to read:
2848 1002.83 Early learning coalitions.—
2849 (1) Thirty Thirty-one or fewer early learning coalitions
2850 are established and shall maintain direct enhancement services
2851 at the local level and provide access to such services in all 67
2852 counties. Two or more early learning coalitions may join for
2853 purposes of planning and implementing a school readiness program
2854 and the Voluntary Prekindergarten Education Program.
2855 (3) The Governor shall appoint the chair and two other
2856 members of each early learning coalition, who must each meet the
2857 same qualifications of a as private sector business member
2858 members appointed by the coalition under subsection (6) (5). In
2859 the absence of a governor-appointed chair, the Commissioner of
2860 Education may appoint an interim chair from the current early
2861 learning coalition board membership.
2862 (4) Each early learning coalition must include the
2863 following member positions; however, in a multicounty coalition,
2864 each ex officio member position may be filled by multiple
2865 nonvoting members but no more than one voting member shall be
2866 seated per member position. If an early learning coalition has
2867 more than one member representing the same entity, only one of
2868 such members may serve as a voting member:
2869 (e) A children’s services council or juvenile welfare board
2870 chair or executive director from each county, if applicable.
2871 (f) A Department of Children and Families child care
2872 regulation representative or an agency head of a local licensing
2873 agency as defined in s. 402.302, where applicable.
2874 (m) A central agency administrator, where applicable.
2875 (5) If members of the board are found to be
2876 nonparticipating according to the early learning coalition
2877 bylaws, the early learning coalition may request an alternate
2878 designee who meets the same qualifications or membership
2879 requirements of the nonparticipating member.
2880 (6)(5) The early learning coalition may appoint additional
2881 Including the members who appointed by the Governor under
2882 subsection (3), more than one-third of the members of each early
2883 learning coalition must be private sector business members,
2884 either for-profit or nonprofit, who do not have, and none of
2885 whose relatives as defined in s. 112.3143 has, a substantial
2886 financial interest in the design or delivery of the Voluntary
2887 Prekindergarten Education Program created under part V of this
2888 chapter or the school readiness program. To meet this
2889 requirement, an early learning coalition must appoint additional
2890 members. The department office shall establish criteria for
2891 appointing private sector business members. These criteria must
2892 include standards for determining whether a member or relative
2893 has a substantial financial interest in the design or delivery
2894 of the Voluntary Prekindergarten Education Program or the school
2895 readiness program.
2896 (12)(11) Each early learning coalition shall establish
2897 terms for all appointed members of the coalition. The terms must
2898 be staggered and must be a uniform length that does not exceed 4
2899 years per term. Coalition chairs shall be appointed for 4 years
2900 pursuant to s. 20.052. Appointed members may serve a maximum of
2901 two consecutive terms. When a vacancy occurs in an appointed
2902 position, the coalition must advertise the vacancy.
2903 (14)(13) Each early learning coalition shall complete an
2904 annual evaluation of the early learning coalition’s executive
2905 director or chief executive officer on forms adopted by the
2906 department. The annual evaluation must be submitted to the
2907 commissioner by June 30 of each year use a coordinated
2908 professional development system that supports the achievement
2909 and maintenance of core competencies by school readiness program
2910 teachers in helping children attain the performance standards
2911 adopted by the office.
2912 Section 51. Present subsections (7) through (20) of section
2913 1002.84, Florida Statutes, are redesignated as subsections (8)
2914 through (21), respectively, a new subsection (7) is added to
2915 that section, and subsections (1), (2), and (4) and present
2916 subsections (7), (8), (15), (16), (17), (18), and (20) of that
2917 section are amended, to read:
2918 1002.84 Early learning coalitions; school readiness powers
2919 and duties.—Each early learning coalition shall:
2920 (1) Administer and implement a local comprehensive program
2921 of school readiness program services in accordance with this
2922 part and the rules adopted by the department office, which
2923 enhances the cognitive, social, and physical development of
2924 children to achieve the performance standards.
2925 (2) Establish a uniform waiting list to track eligible
2926 children waiting for enrollment in the school readiness program
2927 in accordance with rules adopted by the State Board of Education
2928 office.
2929 (4) Establish a regional Warm-Line as directed by the
2930 department office pursuant to s. 1002.82(2)(u) s. 1002.82(2)(t).
2931 Regional Warm-Line staff shall provide onsite technical
2932 assistance, when requested, to assist child care facilities and
2933 family day care homes with inquiries relating to the strategies,
2934 curriculum, and environmental adaptations the child care
2935 facilities and family day care homes may need as they serve
2936 children with disabilities and other special needs.
2937 (7) Use a coordinated professional development system that
2938 supports the achievement and maintenance of core competencies by
2939 school readiness program teachers in helping children attain the
2940 performance standards adopted by the department.
2941 (8)(7) Determine child eligibility pursuant to s. 1002.87
2942 and provider eligibility pursuant to s. 1002.88. Child
2943 eligibility must be redetermined annually. A coalition must
2944 document the reason a child is no longer eligible for the school
2945 readiness program according to the standard codes prescribed by
2946 the department office.
2947 (9)(8) Establish a parent sliding fee scale that provides
2948 for a parent copayment that is not a barrier to families
2949 receiving school readiness program services. Providers are
2950 required to collect the parent’s copayment. A coalition may, on
2951 a case-by-case basis, waive the copayment for an at-risk child
2952 or temporarily waive the copayment for a child whose family’s
2953 income is at or below the federal poverty level or and whose
2954 family experiences a natural disaster or an event that limits
2955 the parent’s ability to pay, such as incarceration, placement in
2956 residential treatment, or becoming homeless, or an emergency
2957 situation such as a household fire or burglary, or while the
2958 parent is participating in parenting classes or participating in
2959 an Early Head Start program or Head Start Program. A parent may
2960 not transfer school readiness program services to another school
2961 readiness program provider until the parent has submitted
2962 documentation from the current school readiness program provider
2963 to the early learning coalition stating that the parent has
2964 satisfactorily fulfilled the copayment obligation.
2965 (16)(15) Monitor school readiness program providers in
2966 accordance with its plan, or in response to a parental
2967 complaint, to verify that the standards prescribed in ss.
2968 1002.82 and 1002.88 are being met using a standard monitoring
2969 tool adopted by the department office. Providers determined to
2970 be high-risk by the coalition, as demonstrated by substantial
2971 findings of violations of federal law or the general or local
2972 laws of the state, shall be monitored more frequently. Providers
2973 with 3 consecutive years of compliance may be monitored
2974 biennially.
2975 (17)(16) Adopt a payment schedule that encompasses all
2976 programs funded under this part and part V of this chapter. The
2977 payment schedule must take into consideration the prevailing
2978 average market rate, include the projected number of children to
2979 be served, and be submitted for approval by the department
2980 office. Informal child care arrangements shall be reimbursed at
2981 not more than 50 percent of the rate adopted for a family day
2982 care home.
2983 (18)(17) Implement an anti-fraud plan addressing the
2984 detection, reporting, and prevention of overpayments, abuse, and
2985 fraud relating to the provision of and payment for school
2986 readiness program and Voluntary Prekindergarten Education
2987 Program services and submit the plan to the department office
2988 for approval, as required by s. 1002.91.
2989 (19)(18) By October 1 of each year, submit an annual report
2990 to the department office. The report shall conform to the format
2991 adopted by the department office and must include:
2992 (a) Segregation of school readiness program funds,
2993 Voluntary Prekindergarten Education Program funds, Child Care
2994 Executive Partnership Program funds, and other local revenues
2995 available to the coalition.
2996 (b) Details of expenditures by fund source, including total
2997 expenditures for administrative activities, quality activities,
2998 nondirect services, and direct services for children.
2999 (c) The total number of coalition staff and the related
3000 expenditures for salaries and benefits. For any subcontracts,
3001 the total number of contracted staff and the related
3002 expenditures for salaries and benefits must be included.
3003 (d) The number of children served in the school readiness
3004 program, by provider type, enumerated by age and eligibility
3005 priority category, reported as the number of children served
3006 during the month, the average participation throughout the
3007 month, and the number of children served during the month.
3008 (e) The total number of children disenrolled during the
3009 year and the reasons for disenrollment.
3010 (f) The total number of providers by provider type.
3011 (g) A listing of any school readiness program provider, by
3012 type, whose eligibility to deliver the school readiness program
3013 is revoked, including a brief description of the state or
3014 federal violation that resulted in the revocation.
3015 (h) An evaluation of its direct enhancement services.
3016 (i) The total number of children served in each provider
3017 facility.
3018 (21)(a)(20) To increase transparency and accountability,
3019 comply with the requirements of this section before contracting
3020 with one or more of the following persons or business entities
3021 which employs, has a contractual relationship with, or is owned
3022 by the following persons:
3023 1. A member of the coalition appointed pursuant to s.
3024 1002.83(3);
3025 2. A board member of any other early learning subrecipient
3026 entity;
3027 3. A coalition employee; or
3028 4. A relative, as defined in s. 112.3143(1)(c), of any
3029 person listed in subparagraphs 1.-3 a coalition member or of an
3030 employee of the coalition.
3031 (b) Such contracts may not be executed without the approval
3032 of the department office. Such contracts, as well as
3033 documentation demonstrating adherence to this section by the
3034 coalition, must be approved by a two-thirds vote of the
3035 coalition, a quorum having been established; all conflicts of
3036 interest must be disclosed before the vote; and any member who
3037 may benefit from the contract, or whose relative may benefit
3038 from the contract, must abstain from the vote. A contract under
3039 $25,000 between an early learning coalition and a member of that
3040 coalition or between a relative, as defined in s.
3041 112.3143(1)(c), of a coalition member or of an employee of the
3042 coalition is not required to have the prior approval of the
3043 department office but must be approved by a two-thirds vote of
3044 the coalition, a quorum having been established, and must be
3045 reported to the department office within 30 days after approval.
3046 If a contract cannot be approved by the department office, a
3047 review of the decision to disapprove the contract may be
3048 requested by the early learning coalition or other parties to
3049 the disapproved contract.
3050 Section 52. Section 1002.85, Florida Statutes, is amended
3051 to read:
3052 1002.85 Early learning coalition plans.—
3053 (1) The department office shall adopt rules prescribing the
3054 standardized format and required content of school readiness
3055 program plans as necessary for a coalition or other qualified
3056 entity to administer the school readiness program as provided in
3057 this part.
3058 (2) Each early learning coalition must biennially submit a
3059 school readiness program plan to the department office before
3060 the expenditure of funds. A coalition may not implement its
3061 school readiness program plan until it receives approval from
3062 the department office. A coalition may not implement any
3063 revision to its school readiness program plan until the
3064 coalition submits the revised plan to and receives approval from
3065 the department office. If the department office rejects a plan
3066 or revision, the coalition must continue to operate under its
3067 previously approved plan. The plan must include, but is not
3068 limited to:
3069 (a) The coalition’s operations, including its membership
3070 and business organization, and the coalition’s articles of
3071 incorporation and bylaws if the coalition is organized as a
3072 corporation. If the coalition is not organized as a corporation
3073 or other business entity, the plan must include the contract
3074 with a fiscal agent.
3075 (b) The minimum number of children to be served by care
3076 level.
3077 (c) The coalition’s procedures for implementing the
3078 requirements of this part, including:
3079 1. Single point of entry.
3080 2. Uniform waiting list.
3081 3. Eligibility and enrollment processes and local
3082 eligibility priorities for children pursuant to s. 1002.87.
3083 4. Parent access and choice.
3084 5. Sliding fee scale and policies on applying the waiver or
3085 reduction of fees in accordance with s. 1002.84(9) s.
3086 1002.84(8).
3087 6. Use of preassessments and postassessments, as
3088 applicable.
3089 7. Payment rate schedule.
3090 8. Use of contracted slots, as applicable, based on the
3091 results of the assessment required under paragraph (j).
3092 (d) A detailed description of the coalition’s quality
3093 activities and services, including, but not limited to:
3094 1. Resource and referral and school-age child care.
3095 2. Infant and toddler early learning.
3096 3. Inclusive early learning programs.
3097 4. Quality improvement strategies that strengthen teaching
3098 practices and increase child outcomes.
3099 (e) A detailed budget that outlines estimated expenditures
3100 for state, federal, and local matching funds at the lowest level
3101 of detail available by other-cost-accumulator code number; all
3102 estimated sources of revenue with identifiable descriptions; a
3103 listing of full-time equivalent positions; contracted
3104 subcontractor costs with related annual compensation amount or
3105 hourly rate of compensation; and a capital improvements plan
3106 outlining existing fixed capital outlay projects and proposed
3107 capital outlay projects that will begin during the budget year.
3108 (f) A detailed accounting, in the format prescribed by the
3109 department office, of all revenues and expenditures during the
3110 previous state fiscal year. Revenue sources should be
3111 identifiable, and expenditures should be reported by two three
3112 categories: state and federal funds and, local matching funds,
3113 and Child Care Executive Partnership Program funds.
3114 (g) Updated policies and procedures, including those
3115 governing procurement, maintenance of tangible personal
3116 property, maintenance of records, information technology
3117 security, and disbursement controls.
3118 (h) A description of the procedures for monitoring school
3119 readiness program providers, including in response to a parental
3120 complaint, to determine that the standards prescribed in ss.
3121 1002.82 and 1002.88 are met using a standard monitoring tool
3122 adopted by the department office. Providers determined to be
3123 high risk by the coalition as demonstrated by substantial
3124 findings of violations of law shall be monitored more
3125 frequently.
3126 (i) Documentation that the coalition has solicited and
3127 considered comments regarding the proposed school readiness
3128 program plan from the local community.
3129 (j) An assessment of local priorities within the county or
3130 multicounty region based on the needs of families and provider
3131 capacity using available community data.
3132 (3) The coalition may periodically amend its plan as
3133 necessary. An amended plan must be submitted to and approved by
3134 the department office before any expenditures are incurred on
3135 the new activities proposed in the amendment.
3136 (4) The department office shall publish a copy of the
3137 standardized format and required content of school readiness
3138 program plans on its website.
3139 (5) The department office shall collect and report data on
3140 coalition delivery of early learning programs. Elements shall
3141 include, but are not limited to, measures related to progress
3142 towards reducing the number of children on the waiting list, the
3143 percentage of children served by the program as compared to the
3144 number of administrative staff and overhead, the percentage of
3145 children served compared to total number of children under the
3146 age of 5 years below 150 percent of the federal poverty level,
3147 provider payment processes, fraud intervention, child attendance
3148 and stability, use of child care resource and referral, and
3149 kindergarten readiness outcomes for children in the Voluntary
3150 Prekindergarten Education Program or the school readiness
3151 program upon entry into kindergarten. The department office
3152 shall request input from the coalitions and school readiness
3153 program providers before finalizing the format and data to be
3154 used. The report shall be implemented beginning July 1, 2014,
3155 and results of the report must be included in the annual report
3156 under s. 1002.82.
3157 Section 53. Paragraphs (a), (b), (c), (e), (f), (m), (n),
3158 (p), and (q) of subsection (1) and subsection (3) of section
3159 1002.88, Florida Statutes, are amended, and paragraph (s) is
3160 added to subsection (1) of that section, to read:
3161 1002.88 School readiness program provider standards;
3162 eligibility to deliver the school readiness program.—
3163 (1) To be eligible to deliver the school readiness program,
3164 a school readiness program provider must:
3165 (a) Be a child care facility licensed under s. 402.305, a
3166 family day care home licensed or registered under s. 402.313, a
3167 large family child care home licensed under s. 402.3131, a
3168 public school or nonpublic school exempt from licensure under s.
3169 402.3025, a faith-based child care provider exempt from
3170 licensure under s. 402.316, a before-school or after-school
3171 program described in s. 402.305(1)(c), a child development
3172 program that is accredited by a national accrediting body and
3173 operates on a military installation that is certified by the
3174 United States Department of Defense, or an informal child care
3175 provider to the extent authorized in the state’s Child Care and
3176 Development Fund Plan as approved by the United States
3177 Department of Health and Human Services pursuant to 45 C.F.R. s.
3178 98.18, or a provider who has been issued a provisional license
3179 pursuant to s. 402.309. A provider may not deliver the program
3180 while holding a probation-status license under s. 402.310.
3181 (b) Provide instruction and activities to enhance the age
3182 appropriate progress of each child in attaining the child
3183 development standards adopted by the department office pursuant
3184 to s. 1002.82(2)(j). A provider should include activities to
3185 foster brain development in infants and toddlers; provide an
3186 environment that is rich in language and music and filled with
3187 objects of various colors, shapes, textures, and sizes to
3188 stimulate visual, tactile, auditory, and linguistic senses; and
3189 include 30 minutes of reading to children each day.
3190 (c) Provide basic health and safety of its premises and
3191 facilities and compliance with requirements for age-appropriate
3192 immunizations of children enrolled in the school readiness
3193 program.
3194 1. For a provider that is licensed, compliance with s.
3195 402.305, s. 402.3131, or s. 402.313 and this subsection, as
3196 verified pursuant to s. 402.311, satisfies this requirement.
3197 2. For a provider that is a registered family day care home
3198 or is not subject to licensure or registration by the Department
3199 of Children and Families, compliance with this subsection, as
3200 verified pursuant to s. 402.311, satisfies this requirement.
3201 Upon verification pursuant to s. 402.311, the provider shall
3202 annually post the health and safety checklist adopted by the
3203 department office prominently on its premises in plain sight for
3204 visitors and parents and shall annually submit the checklist to
3205 its local early learning coalition.
3206 3. For a child development program that is accredited by a
3207 national accrediting body and operates on a military
3208 installation that is certified by the United States Department
3209 of Defense, the submission and verification of annual
3210 inspections pursuant to United States Department of Defense
3211 Instructions 6060.2 and 1402.05 satisfies this requirement.
3212 (e) Employ child care personnel, as defined in s.
3213 402.302(3), who have satisfied the screening requirements of
3214 chapter 402 and fulfilled the training requirements of the
3215 department office.
3216 (f) Implement one of the curricula approved by the
3217 department office that meets the child development standards.
3218 (m) For a provider that is not an informal provider,
3219 maintain general liability insurance and provide the coalition
3220 with written evidence of general liability insurance coverage,
3221 including coverage for transportation of children if school
3222 readiness program children are transported by the provider. A
3223 provider must obtain and retain an insurance policy that
3224 provides a minimum of $100,000 of coverage per occurrence and a
3225 minimum of $300,000 general aggregate coverage. The department
3226 office may authorize lower limits upon request, as appropriate.
3227 A provider must add the coalition as a named certificateholder
3228 and as an additional insured. A provider must provide the
3229 coalition with a minimum of 10 calendar days’ advance written
3230 notice of cancellation of or changes to coverage. The general
3231 liability insurance required by this paragraph must remain in
3232 full force and effect for the entire period of the provider
3233 contract with the coalition.
3234 (n) For a provider that is an informal provider, comply
3235 with the provisions of paragraph (m) or maintain homeowner’s
3236 liability insurance and, if applicable, a business rider. If an
3237 informal provider chooses to maintain a homeowner’s policy, the
3238 provider must obtain and retain a homeowner’s insurance policy
3239 that provides a minimum of $100,000 of coverage per occurrence
3240 and a minimum of $300,000 general aggregate coverage. The
3241 department office may authorize lower limits upon request, as
3242 appropriate. An informal provider must add the coalition as a
3243 named certificateholder and as an additional insured. An
3244 informal provider must provide the coalition with a minimum of
3245 10 calendar days’ advance written notice of cancellation of or
3246 changes to coverage. The general liability insurance required by
3247 this paragraph must remain in full force and effect for the
3248 entire period of the provider’s contract with the coalition.
3249 (p) Notwithstanding paragraph (m), for a provider that is a
3250 state agency or a subdivision thereof, as defined in s.
3251 768.28(2), agree to notify the coalition of any additional
3252 liability coverage maintained by the provider in addition to
3253 that otherwise established under s. 768.28. The provider shall
3254 indemnify the coalition to the extent permitted by s. 768.28.
3255 Notwithstanding paragraph (m), for a child development program
3256 that is accredited by a national accrediting body and operates
3257 on a military installation that is certified by the United
3258 States Department of Defense, the provider may demonstrate
3259 liability coverage by affirming that it is subject to the
3260 Federal Tort Claims Act, 28 U.S.C. ss. 2671 et seq.
3261 (q) Execute the standard statewide provider contract
3262 adopted by the department office.
3263 (s) Collect all parent copayment fees unless a waiver has
3264 been granted under s. 1002.84(9).
3265 (3) The department office and the coalitions may not:
3266 (a) Impose any requirement on a child care provider or
3267 early childhood education provider that does not deliver
3268 services under the school readiness program or receive state or
3269 federal funds under this part;
3270 (b) Impose any requirement on a school readiness program
3271 provider that exceeds the authority provided under this part or
3272 part V of this chapter or rules adopted pursuant to this part or
3273 part V of this chapter; or
3274 (c) Require a provider to administer a preassessment or
3275 postassessment.
3276 Section 54. Subsections (2), (3), and (6) of section
3277 1002.89, Florida Statutes, are amended to read:
3278 1002.89 School readiness program; funding.—
3279 (2) The office shall administer school readiness program
3280 funds and prepare and submit a unified budget request for the
3281 school readiness program in accordance with chapter 216.
3282 (2)(3) All instructions to early learning coalitions for
3283 administering this section shall emanate from the department
3284 office in accordance with the policies of the Legislature.
3285 (5)(6) Costs shall be kept to the minimum necessary for the
3286 efficient and effective administration of the school readiness
3287 program with the highest priority of expenditure being direct
3288 services for eligible children. However, no more than 5 percent
3289 of the funds described in subsection (4) subsection (5) may be
3290 used for administrative costs and no more than 22 percent of the
3291 funds described in subsection (4) subsection (5) may be used in
3292 any fiscal year for any combination of administrative costs,
3293 quality activities, and nondirect services as follows:
3294 (a) Administrative costs as described in 45 C.F.R. s. 98.54
3295 45 C.F.R. s. 98.52, which shall include monitoring providers
3296 using the standard methodology adopted under s. 1002.82 to
3297 improve compliance with state and federal regulations and law
3298 pursuant to the requirements of the statewide provider contract
3299 adopted under s. 1002.82(2)(m).
3300 (b) Activities to improve the quality of child care as
3301 described in 45 C.F.R. s. 98.53 45 C.F.R. s. 98.51, which shall
3302 be limited to the following:
3303 1. Developing, establishing, expanding, operating, and
3304 coordinating resource and referral programs specifically related
3305 to the provision of comprehensive consumer education to parents
3306 and the public to promote informed child care choices specified
3307 in 45 C.F.R. s. 98.33.
3308 2. Awarding grants and providing financial support to
3309 school readiness program providers and their staff to assist
3310 them in meeting applicable state requirements for the program
3311 assessment required under s. 1002.82(2)(n), child care
3312 performance standards, implementing developmentally appropriate
3313 curricula and related classroom resources that support
3314 curricula, providing literacy supports, and providing continued
3315 professional development and training. Any grants awarded
3316 pursuant to this subparagraph shall comply with ss. 215.971 and
3317 287.058.
3318 3. Providing training, technical assistance, and financial
3319 support to school readiness program providers, staff, and
3320 parents on standards, child screenings, child assessments, child
3321 development research and best practices, developmentally
3322 appropriate curricula, character development, teacher-child
3323 interactions, age-appropriate discipline practices, health and
3324 safety, nutrition, first aid, cardiopulmonary resuscitation, the
3325 recognition of communicable diseases, and child abuse detection,
3326 prevention, and reporting.
3327 4. Providing, from among the funds provided for the
3328 activities described in subparagraphs 1.-3., adequate funding
3329 for infants and toddlers as necessary to meet federal
3330 requirements related to expenditures for quality activities for
3331 infant and toddler care.
3332 5. Improving the monitoring of compliance with, and
3333 enforcement of, applicable state and local requirements as
3334 described in and limited by 45 C.F.R. s. 98.40.
3335 6. Responding to Warm-Line requests by providers and
3336 parents, including providing developmental and health screenings
3337 to school readiness program children.
3338 (c) Nondirect services as described in applicable Office of
3339 Management and Budget instructions are those services not
3340 defined as administrative, direct, or quality services that are
3341 required to administer the school readiness program. Such
3342 services include, but are not limited to:
3343 1. Assisting families to complete the required application
3344 and eligibility documentation.
3345 2. Determining child and family eligibility.
3346 3. Recruiting eligible child care providers.
3347 4. Processing and tracking attendance records.
3348 5. Developing and maintaining a statewide child care
3349 information system.
3350
3351 As used in this paragraph, the term “nondirect services” does
3352 not include payments to school readiness program providers for
3353 direct services provided to children who are eligible under s.
3354 1002.87, administrative costs as described in paragraph (a), or
3355 quality activities as described in paragraph (b).
3356 Section 55. Subsection (1), paragraph (a) of subsection
3357 (2), and subsections (4), (5), and (6) of section 1002.895,
3358 Florida Statutes, are amended to read:
3359 1002.895 Market rate schedule.—The school readiness program
3360 market rate schedule shall be implemented as follows:
3361 (1) The department office shall establish procedures for
3362 the adoption of a market rate schedule. The schedule must
3363 include, at a minimum, county-by-county rates:
3364 (a) The market rate, including the minimum and the maximum
3365 rates for child care providers that hold a Gold Seal Quality
3366 Care designation under s. 1002.945 and adhere to its accrediting
3367 association’s teacher-to-child ratios and group size
3368 requirements s. 402.281.
3369 (b) The market rate for child care providers that do not
3370 hold a Gold Seal Quality Care designation.
3371 (2) The market rate schedule, at a minimum, must:
3372 (a) Differentiate rates by type, including, but not limited
3373 to, a child care provider that holds a Gold Seal Quality Care
3374 designation under s. 1002.945 and adheres to its accrediting
3375 association’s teacher-to-child ratios and group size
3376 requirements s. 402.281, a child care facility licensed under s.
3377 402.305, a public or nonpublic school exempt from licensure
3378 under s. 402.3025, a faith-based child care facility exempt from
3379 licensure under s. 402.316 that does not hold a Gold Seal
3380 Quality Care designation, a large family child care home
3381 licensed under s. 402.3131, or a family day care home licensed
3382 or registered under s. 402.313.
3383 (4) The market rate schedule shall be considered by an
3384 early learning coalition in the adoption of a payment schedule.
3385 The payment schedule must take into consideration the prevailing
3386 average market rate and, include the projected number of
3387 children to be served by each county, and be submitted for
3388 approval by the department office. Informal child care
3389 arrangements shall be reimbursed at not more than 50 percent of
3390 the rate adopted for a family day care home.
3391 (5) The department office may contract with one or more
3392 qualified entities to administer this section and provide
3393 support and technical assistance for child care providers.
3394 (6) The department office may adopt rules for establishing
3395 procedures for the collection of child care providers’ market
3396 rate, the calculation of the prevailing average market rate by
3397 program care level and provider type in a predetermined
3398 geographic market, and the publication of the market rate
3399 schedule.
3400 Section 56. Section 1002.91, Florida Statutes, is amended
3401 to read:
3402 1002.91 Investigations of fraud or overpayment; penalties.—
3403 (1) As used in this subsection, the term “fraud” means an
3404 intentional deception, omission, or misrepresentation made by a
3405 person with knowledge that the deception, omission, or
3406 misrepresentation may result in unauthorized benefit to that
3407 person or another person, or any aiding and abetting of the
3408 commission of such an act. The term includes any act that
3409 constitutes fraud under applicable federal or state law.
3410 (2) To recover state, federal, and local matching funds,
3411 the department office shall investigate early learning
3412 coalitions, recipients, and providers of the school readiness
3413 program and the Voluntary Prekindergarten Education Program to
3414 determine possible fraud or overpayment. If by its own
3415 inquiries, or as a result of a complaint, the department office
3416 has reason to believe that a person, coalition, or provider has
3417 engaged in, or is engaging in, a fraudulent act, it shall
3418 investigate and determine whether any overpayment has occurred
3419 due to the fraudulent act. During the investigation, the
3420 department office may examine all records, including electronic
3421 benefits transfer records, and make inquiry of all persons who
3422 may have knowledge as to any irregularity incidental to the
3423 disbursement of public moneys or other items or benefits
3424 authorizations to recipients.
3425 (3) Based on the results of the investigation, the
3426 department office may, in its discretion, refer the
3427 investigation to the Department of Financial Services for
3428 criminal investigation or refer the matter to the applicable
3429 coalition. Any suspected criminal violation identified by the
3430 department office must be referred to the Department of
3431 Financial Services for criminal investigation.
3432 (4) An early learning coalition may suspend or terminate a
3433 provider from participation in the school readiness program or
3434 the Voluntary Prekindergarten Education Program when it has
3435 reasonable cause to believe that the provider has committed
3436 fraud. The department office shall adopt by rule appropriate due
3437 process procedures that the early learning coalition shall apply
3438 in suspending or terminating any provider, including the
3439 suspension or termination of payment. If suspended, the provider
3440 shall remain suspended until the completion of any investigation
3441 by the department office, the Department of Financial Services,
3442 or any other state or federal agency, and any subsequent
3443 prosecution or other legal proceeding.
3444 (5) If a school readiness program provider or a Voluntary
3445 Prekindergarten Education Program provider, or an owner,
3446 officer, or director thereof, is convicted of, found guilty of,
3447 or pleads guilty or nolo contendere to, regardless of
3448 adjudication, public assistance fraud pursuant to s. 414.39, or
3449 is acting as the beneficial owner for someone who has been
3450 convicted of, found guilty of, or pleads guilty or nolo
3451 contendere to, regardless of adjudication, public assistance
3452 fraud pursuant to s. 414.39, the early learning coalition shall
3453 refrain from contracting with, or using the services of, that
3454 provider for a period of 5 years. In addition, the coalition
3455 shall refrain from contracting with, or using the services of,
3456 any provider that shares an officer or director with a provider
3457 that is convicted of, found guilty of, or pleads guilty or nolo
3458 contendere to, regardless of adjudication, public assistance
3459 fraud pursuant to s. 414.39 for a period of 5 years.
3460 (6) If the investigation is not confidential or otherwise
3461 exempt from disclosure by law, the results of the investigation
3462 may be reported by the department office to the appropriate
3463 legislative committees, the Department of Children and Families,
3464 and such other persons as the department office deems
3465 appropriate.
3466 (7) The early learning coalition may not contract with a
3467 school readiness program provider or a Voluntary Prekindergarten
3468 Education Program provider who is on the United States
3469 Department of Agriculture National Disqualified List. In
3470 addition, the coalition may not contract with any provider that
3471 shares an officer or director with a provider that is on the
3472 United States Department of Agriculture National Disqualified
3473 List.
3474 (8) Each early learning coalition shall adopt an anti-fraud
3475 plan addressing the detection and prevention of overpayments,
3476 abuse, and fraud relating to the provision of and payment for
3477 school readiness program and Voluntary Prekindergarten Education
3478 Program services and submit the plan to the department office
3479 for approval. The department office shall adopt rules
3480 establishing criteria for the anti-fraud plan, including
3481 appropriate due process provisions. The anti-fraud plan must
3482 include, at a minimum:
3483 (a) A written description or chart outlining the
3484 organizational structure of the plan’s personnel who are
3485 responsible for the investigation and reporting of possible
3486 overpayment, abuse, or fraud.
3487 (b) A description of the plan’s procedures for detecting
3488 and investigating possible acts of fraud, abuse, or overpayment.
3489 (c) A description of the plan’s procedures for the
3490 mandatory reporting of possible overpayment, abuse, or fraud to
3491 the Office of Inspector General within the department office.
3492 (d) A description of the plan’s program and procedures for
3493 educating and training personnel on how to detect and prevent
3494 fraud, abuse, and overpayment.
3495 (e) A description of the plan’s procedures, including the
3496 appropriate due process provisions adopted by the department
3497 office for suspending or terminating from the school readiness
3498 program or the Voluntary Prekindergarten Education Program a
3499 recipient or provider who the early learning coalition believes
3500 has committed fraud.
3501 (9) A person who commits an act of fraud as defined in this
3502 section is subject to the penalties provided in s. 414.39(5)(a)
3503 and (b).
3504 Section 57. Subsections (1) and (2) and paragraphs (a),
3505 (c), and (d) of subsection (3) of section 1002.92, Florida
3506 Statutes, are amended to read:
3507 1002.92 Child care and early childhood resource and
3508 referral.—
3509 (1) As a part of the school readiness program, the
3510 department office shall establish a statewide child care
3511 resource and referral network that is unbiased and provides
3512 referrals to families for child care and information on
3513 available community resources. Preference shall be given to
3514 using early learning coalitions as the child care resource and
3515 referral agencies. If an early learning coalition cannot comply
3516 with the requirements to offer the resource information
3517 component or does not want to offer that service, the early
3518 learning coalition shall select the resource and referral agency
3519 for its county or multicounty region based upon the procurement
3520 requirements of s. 1002.84(13) s. 1002.84(12).
3521 (2) At least one child care resource and referral agency
3522 must be established in each early learning coalition’s county or
3523 multicounty region. The department office shall adopt rules
3524 regarding accessibility of child care resource and referral
3525 services offered through child care resource and referral
3526 agencies in each county or multicounty region which include, at
3527 a minimum, required hours of operation, methods by which parents
3528 may request services, and child care resource and referral staff
3529 training requirements.
3530 (3) Child care resource and referral agencies shall provide
3531 the following services:
3532 (a) Identification of existing public and private child
3533 care and early childhood education services, including child
3534 care services by public and private employers, and the
3535 development of an early learning provider performance profile a
3536 resource file of those services through the single statewide
3537 information system developed by the department office under s.
3538 1002.82(2)(q) s. 1002.82(2)(p). These services may include
3539 family day care, public and private child care programs, the
3540 Voluntary Prekindergarten Education Program, Head Start, the
3541 school readiness program, special education programs for
3542 prekindergarten children with disabilities, services for
3543 children with developmental disabilities, full-time and part
3544 time programs, before-school and after-school programs, and
3545 vacation care programs, parent education, the temporary cash
3546 assistance program, and related family support services. The
3547 early learning provider performance profile resource file shall
3548 include, but not be limited to:
3549 1. Type of program.
3550 2. Hours of service.
3551 3. Ages of children served.
3552 4. Number of children served.
3553 5. Program information.
3554 6. Fees and eligibility for services.
3555 7. Availability of transportation.
3556 8. Participation in the Child Care Food Program, if
3557 applicable.
3558 9. A link to licensing inspection reports, if applicable.
3559 10. The components of the Voluntary Prekindergarten
3560 Education Program performance metric calculated under s. 1002.68
3561 which must consist of the program assessment composite score,
3562 learning gains score, achievement score, and its designations,
3563 if applicable.
3564 11. The school readiness program assessment composite score
3565 and program assessment care level composite score results
3566 delineated by infant classrooms, toddler classrooms, and
3567 preschool classrooms results under s. 1002.82, if applicable.
3568 12. Gold Seal Quality Care designation under s. 1002.945,
3569 if applicable.
3570 13. Indication of whether the provider implements a
3571 curriculum approved by the department and the name of the
3572 curriculum, if applicable.
3573 14. Participation in the school readiness child assessment
3574 under s. 1002.82.
3575 (c) Maintenance of ongoing documentation of requests for
3576 service tabulated through the internal referral process through
3577 the single statewide information system. The following
3578 documentation of requests for service shall be maintained by the
3579 child care resource and referral network:
3580 1. Number of calls and contacts to the child care resource
3581 information and referral network component by type of service
3582 requested.
3583 2. Ages of children for whom service was requested.
3584 3. Time category of child care requests for each child.
3585 4. Special time category, such as nights, weekends, and
3586 swing shift.
3587 5. Reason that the child care is needed.
3588 6. Customer service survey data required under s.
3589 1002.82(3) Name of the employer and primary focus of the
3590 business for an employer-based child care program.
3591 (d) Assistance to families that connects them to parent
3592 education opportunities, the temporary cash assistance program,
3593 or social services programs that support families with children,
3594 and related child development support services Provision of
3595 technical assistance to existing and potential providers of
3596 child care services. This assistance may include:
3597 1. Information on initiating new child care services,
3598 zoning, and program and budget development and assistance in
3599 finding such information from other sources.
3600 2. Information and resources which help existing child care
3601 services providers to maximize their ability to serve children
3602 and parents in their community.
3603 3. Information and incentives that may help existing or
3604 planned child care services offered by public or private
3605 employers seeking to maximize their ability to serve the
3606 children of their working parent employees in their community,
3607 through contractual or other funding arrangements with
3608 businesses.
3609 Section 58. Subsection (1) of section 1002.93, Florida
3610 Statutes, is amended to read:
3611 1002.93 School readiness program transportation services.—
3612 (1) The department office may authorize an early learning
3613 coalition to establish school readiness program transportation
3614 services for children at risk of abuse or neglect who are
3615 participating in the school readiness program, pursuant to
3616 chapter 427. The early learning coalitions may contract for the
3617 provision of transportation services as required by this
3618 section.
3619 Section 59. Section 1002.94, Florida Statutes, is repealed.
3620 Section 60. Section 1002.95, Florida Statutes, is amended
3621 to read:
3622 1002.95 Teacher Education and Compensation Helps (TEACH)
3623 scholarship program.—
3624 (1) The department office may contract for the
3625 administration of the Teacher Education and Compensation Helps
3626 (TEACH) scholarship program, which provides educational
3627 scholarships to caregivers and administrators of early childhood
3628 programs, family day care homes, and large family child care
3629 homes. The goal of the program is to increase the education and
3630 training for caregivers, increase the compensation for child
3631 caregivers who complete the program requirements, and reduce the
3632 rate of participant turnover in the field of early childhood
3633 education.
3634 (2) The State Board of Education office shall adopt rules
3635 as necessary to administer this section.
3636 Section 61. Subsections (1) and (3) of section 1002.96,
3637 Florida Statutes, are amended to read:
3638 1002.96 Early Head Start collaboration grants.—
3639 (1) Contingent upon specific appropriation, the department
3640 office shall establish a program to award collaboration grants
3641 to assist local agencies in securing Early Head Start programs
3642 through Early Head Start program federal grants. The
3643 collaboration grants shall provide the required matching funds
3644 for public and private nonprofit agencies that have been
3645 approved for Early Head Start program federal grants.
3646 (3) The department office may adopt rules as necessary for
3647 the award of collaboration grants to competing agencies and the
3648 administration of the collaboration grants program under this
3649 section.
3650 Section 62. Subsection (1) and paragraph (g) of subsection
3651 (3) of section 1002.97, Florida Statutes, are amended to read:
3652 1002.97 Records of children in the school readiness
3653 program.—
3654 (1) The individual records of children enrolled in the
3655 school readiness program provided under this part, held by an
3656 early learning coalition or the department office, are
3657 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
3658 of the State Constitution. For purposes of this section, records
3659 include assessment data, health data, records of teacher
3660 observations, and personal identifying information.
3661 (3) School readiness program records may be released to:
3662 (g) Parties to an interagency agreement among early
3663 learning coalitions, local governmental agencies, providers of
3664 the school readiness program, state agencies, and the department
3665 office for the purpose of implementing the school readiness
3666 program.
3667
3668 Agencies, organizations, or individuals that receive school
3669 readiness program records in order to carry out their official
3670 functions must protect the data in a manner that does not permit
3671 the personal identification of a child enrolled in a school
3672 readiness program and his or her parent by persons other than
3673 those authorized to receive the records.
3674 Section 63. Subsections (1) and (3) of section 1002.995,
3675 Florida Statutes, are amended to read:
3676 1002.995 Early learning professional development standards
3677 and career pathways.—
3678 (1) The department office shall:
3679 (a) Develop early learning professional development
3680 training and course standards to be utilized for school
3681 readiness program providers.
3682 (b) Identify both formal and informal early learning career
3683 pathways with stackable credentials and certifications that
3684 allow early childhood teachers to access specialized
3685 professional development that:
3686 1. Strengthens knowledge and teaching practices.
3687 2. Aligns to established professional standards and core
3688 competencies.
3689 3. Provides a progression of attainable, competency-based
3690 stackable credentials and certifications.
3691 4. Improves outcomes for children to increase kindergarten
3692 readiness and early grade success.
3693 (3) The State Board of Education office shall adopt rules
3694 to administer this section.
3695 Section 64. Section 1007.01, Florida Statutes, is amended
3696 to read:
3697 1007.01 Articulation; legislative intent; purpose; role of
3698 the State Board of Education and the Board of Governors;
3699 Articulation Coordinating Committee.—
3700 (1) It is the intent of the Legislature to facilitate
3701 articulation and seamless integration of the Early Learning-20
3702 K-20 education system by building, sustaining, and strengthening
3703 relationships among Early Learning-20 K-20 public organizations,
3704 between public and private organizations, and between the
3705 education system as a whole and Florida’s communities. The
3706 purpose of building, sustaining, and strengthening these
3707 relationships is to provide for the efficient and effective
3708 progression and transfer of students within the education system
3709 and to allow students to proceed toward their educational
3710 objectives as rapidly as their circumstances permit. The
3711 Legislature further intends that articulation policies and
3712 budget actions be implemented consistently in the practices of
3713 the Department of Education and postsecondary educational
3714 institutions and expressed in the collaborative policy efforts
3715 of the State Board of Education and the Board of Governors.
3716 (2) To improve and facilitate articulation systemwide, the
3717 State Board of Education and the Board of Governors shall
3718 collaboratively establish and adopt policies with input from
3719 statewide K-20 advisory groups established by the Commissioner
3720 of Education and the Chancellor of the State University System
3721 and shall recommend the policies to the Legislature. The
3722 policies shall relate to:
3723 (a) The alignment between the exit requirements of one
3724 education system and the admissions requirements of another
3725 education system into which students typically transfer.
3726 (b) The identification of common courses, the level of
3727 courses, institutional participation in a statewide course
3728 numbering system, and the transferability of credits among such
3729 institutions.
3730 (c) Identification of courses that meet general education
3731 or common degree program prerequisite requirements at public
3732 postsecondary educational institutions.
3733 (d) Dual enrollment course equivalencies.
3734 (e) Articulation agreements.
3735 (3) The Commissioner of Education, in consultation with the
3736 Chancellor of the State University System, shall establish the
3737 Articulation Coordinating Committee, which shall make
3738 recommendations related to statewide articulation policies and
3739 issues regarding access, quality, and reporting of data
3740 maintained by the educational K-20 data warehouse, established
3741 pursuant to ss. 1001.10 and 1008.31, to the Higher Education
3742 Coordination Council, the State Board of Education, and the
3743 Board of Governors. The committee shall consist of two members
3744 each representing the State University System, the Florida
3745 College System, public career and technical education, K-12
3746 education, and nonpublic postsecondary education and one member
3747 representing students. The chair shall be elected from the
3748 membership. The Office of K-20 Articulation shall provide
3749 administrative support for the committee. The committee shall:
3750 (a) Monitor the alignment between the exit requirements of
3751 one education system and the admissions requirements of another
3752 education system into which students typically transfer and make
3753 recommendations for improvement.
3754 (b) Propose guidelines for interinstitutional agreements
3755 between and among public schools, career and technical education
3756 centers, Florida College System institutions, state
3757 universities, and nonpublic postsecondary institutions.
3758 (c) Annually recommend dual enrollment course and high
3759 school subject area equivalencies for approval by the State
3760 Board of Education and the Board of Governors.
3761 (d) Annually review the statewide articulation agreement
3762 pursuant to s. 1007.23 and make recommendations for revisions.
3763 (e) Annually review the statewide course numbering system,
3764 the levels of courses, and the application of transfer credit
3765 requirements among public and nonpublic institutions
3766 participating in the statewide course numbering system and
3767 identify instances of student transfer and admissions
3768 difficulties.
3769 (f) Annually publish a list of courses that meet common
3770 general education and common degree program prerequisite
3771 requirements at public postsecondary institutions identified
3772 pursuant to s. 1007.25.
3773 (g) Foster timely collection and reporting of statewide
3774 education data to improve the Early Learning-20 K-20 education
3775 performance accountability system pursuant to ss. 1001.10 and
3776 1008.31, including, but not limited to, data quality,
3777 accessibility, and protection of student records.
3778 (h) Recommend roles and responsibilities of public
3779 education entities in interfacing with the single, statewide
3780 computer-assisted student advising system established pursuant
3781 to s. 1006.735.
3782 Section 65. Section 1008.2125, Florida Statutes, is created
3783 to read:
3784 1008.2125 Coordinated screening and progress monitoring
3785 program for students in the Voluntary Prekindergarten Education
3786 Program through grade 3.—
3787 (1) The primary purpose of the coordinated screening and
3788 progress monitoring program for students in the Voluntary
3789 Prekindergarten Education Program through grade 3 is to provide
3790 information on students’ progress in mastering the appropriate
3791 grade-level standards and to provide information on their
3792 progress to parents, teachers, and school and program
3793 administrators. Data shall be used by Voluntary Prekindergarten
3794 Education Program providers and school districts to improve
3795 instruction, by parents and teachers to guide learning
3796 objectives and provide timely and appropriate supports and
3797 interventions to students not meeting grade level expectations,
3798 and by the public to assess the cost benefit of the expenditure
3799 of taxpayer dollars. The coordinated screening and progress
3800 monitoring program must:
3801 (a) Assess the progress of students in the Voluntary
3802 Prekindergarten Education Program through grade 3 in meeting the
3803 appropriate expectations in emergent literacy and math skills
3804 and in English Language Arts and mathematics, as required by ss.
3805 1002.67(1)(a) and 1003.41.
3806 (b) Provide data for accountability of the Voluntary
3807 Prekindergarten Education Program, as required by s. 1002.68.
3808 (c) Provide baseline data to the department of each
3809 student’s readiness for kindergarten, which must be based on
3810 each kindergarten student’s progress monitoring results within
3811 the first 30 days of enrollment in accordance with paragraph
3812 (2)(a). The methodology for determining a student’s readiness
3813 for kindergarten shall be developed by the same independent
3814 expert identified in s. 1002.68(4)(d).
3815 (d) Identify the educational strengths and needs of
3816 students in the Voluntary Prekindergarten Education Program
3817 through grade 3.
3818 (e) Provide teachers with progress monitoring data to
3819 provide timely interventions and supports pursuant to s.
3820 1008.25(4).
3821 (f) Assess how well educational goals and curricular
3822 standards are met at the provider, school, district, and state
3823 levels.
3824 (g) Provide information to aid in the evaluation and
3825 development of educational programs and policies.
3826 (2) The Commissioner of Education shall design a statewide,
3827 standardized coordinated screening and progress monitoring
3828 program to assess early literacy and mathematics skills and the
3829 English Language Arts and mathematics standards established in
3830 ss. 1002.67(1)(a) and 1003.41, respectively. The coordinated
3831 screening and progress monitoring program must provide interval
3832 level and norm-referenced data that measures equivalent levels
3833 of growth; be a developmentally appropriate, valid, and reliable
3834 direct assessment; be able to capture data on students who may
3835 be performing below grade or developmental level and which may
3836 enable the identification of early indicators of dyslexia or
3837 other developmental delays; accurately measure the core content
3838 in the applicable grade level standards; document learning gains
3839 for the achievement of these standards; and provide teachers
3840 with progress monitoring supports and materials that enhance
3841 differentiated instruction and parent communication.
3842 Participation in the coordinated screening and progress
3843 monitoring program is mandatory for all students in the
3844 Voluntary Prekindergarten Education Program and enrolled in a
3845 public school in kindergarten through grade 3. The coordinated
3846 screening and progress monitoring program shall be implemented
3847 beginning in the 2022-2023 school year for students in the
3848 Voluntary Prekindergarten Education Program and kindergarten
3849 students, as follows:
3850 (a) The coordinated screening and progress monitoring
3851 program shall be administered within the first 30 days after
3852 enrollment, midyear, and within the last 30 days of the program
3853 or school year, in accordance with the rules adopted by the
3854 State Board of Education. The state board may adopt alternate
3855 timeframes to address nontraditional school year calendars or
3856 summer programs to ensure that the coordinated screening and
3857 progress monitoring program is administered a minimum of 3 times
3858 within a year or program.
3859 (b) The results of the coordinated screening and progress
3860 monitoring program shall be reported to the department, in
3861 accordance with the rules adopted by the state board, and
3862 maintained in the department’s educational data warehouse.
3863 (3) The Commissioner of Education shall:
3864 (a) Develop a plan, in coordination with the Council for
3865 Early Grade Success, for implementing the coordinated screening
3866 and progress monitoring program in consideration of timelines
3867 for implementing new early literacy and mathematics skills and
3868 the English Language Arts and mathematics standards established
3869 in ss. 1002.67(1)(a) and 1003.41, as appropriate.
3870 (b) Provide data, reports, and information as requested to
3871 the Council for Early Grade Success.
3872 (4) The Council for Early Grade Success, a council defined
3873 in s. 20.03(7), is created within the Department of Education to
3874 oversee the coordinated screening and progress monitoring
3875 program and, except as otherwise provided in this section, shall
3876 operate consistent with s. 20.052.
3877 (a) The council shall be responsible for reviewing the
3878 implementation of, training for, administration of, and outcomes
3879 from the coordinated screening and progress monitoring program
3880 to provide recommendations to the department that supports grade
3881 3 students reading at or above grade level. The council, at a
3882 minimum, shall:
3883 1. Provide recommendations on the implementation of the
3884 coordinated screening and progress monitoring program, including
3885 reviewing any procurement solicitation documents and criteria
3886 before being published.
3887 2. Develop training plans and timelines for such training.
3888 3. Identify appropriate personnel, processes, and
3889 procedures required for the administration of the coordinated
3890 screening and progress monitoring program.
3891 4. Provide input on the methodology for calculating a
3892 provider’s or school’s performance metric and designations under
3893 s. 1002.68.
3894 5. Work with the department’s independent expert under s.
3895 1002.68(4)(d) to review the methodology for determining a
3896 child’s kindergarten readiness.
3897 6. Review data on age-appropriate learning gains by grade
3898 level that a student would need to attain in order to
3899 demonstrate proficiency in reading by grade 3.
3900 7. Continually review anonymized data from the results of
3901 the coordinated screening and progress monitoring program for
3902 students in the Voluntary Prekindergarten Education Program
3903 through grade 3 to help inform recommendations to the department
3904 that support practices that will enable grade 3 students to read
3905 at or above grade level.
3906 (b) The council shall be composed of 15 members who are
3907 residents of this state and appointed, notwithstanding any other
3908 provision of law, as follows:
3909 1. Two members appointed by the Governor, as follows:
3910 a. One representative from the Department of Education.
3911 b. One parent of a child who is 4 to 9 years of age.
3912 2. Thirteen members appointed jointly by the President of
3913 the Senate and Speaker of the House of Representatives, as
3914 follows:
3915 a. One representative of an urban school district.
3916 b. One representative of a rural school district.
3917 c. One representative of an urban early learning coalition.
3918 d. One representative of a rural early learning coalition.
3919 e. One representative of an early learning provider.
3920 f. One representative of a faith-based early learning
3921 provider.
3922 g. One representative who is a kindergarten teacher who has
3923 at least 5 years of teaching experience.
3924 h. One representative who is a second grade teacher who has
3925 at least 5 years of teaching experience.
3926 i. One representative who is a school principal.
3927 j. Four representatives with subject matter expertise in
3928 early learning, early grade success, or child assessments. The
3929 four representatives with subject matter expertise may not be
3930 direct stakeholders within the early learning or public school
3931 systems or potential recipients of a contract resulting from the
3932 committee’s recommendations.
3933 (5) The council shall elect a chair and a vice chair, one
3934 of whom must be a member who has subject matter expertise in
3935 early learning, early grade success, or child assessments. The
3936 vice chair must be a member appointed by the President of the
3937 Senate and the Speaker of the House of Representatives who is
3938 not one of the four members with subject matter expertise in
3939 early learning, early grade success, or child assessments
3940 appointed pursuant to sub-subparagraph (b)2.j. Members of the
3941 council shall serve without compensation but are entitled to
3942 reimbursement for per diem and travel expenses pursuant to s.
3943 112.061.
3944 (6) The council must meet at least biannually and may meet
3945 by teleconference or other electronic means, if possible, to
3946 reduce costs.
3947 (7) A majority of the members constitutes a quorum.
3948 Section 66. Present paragraphs (b) and (c) of subsection
3949 (5) of section 1008.25, Florida Statutes, are redesignated as
3950 paragraphs (c) and (d), respectively, a new paragraph (b) is
3951 added to that subsection, and paragraph (b) of subsection (6),
3952 subsection (7), and paragraph (a) of subsection (8) are amended,
3953 to read:
3954 1008.25 Public school student progression; student support;
3955 reporting requirements.—
3956 (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
3957 (b) A Voluntary Prekindergarten Education Program student
3958 who exhibits a substantial deficiency in early literacy skills
3959 in accordance with the standards under s. 1002.67(1)(a) and
3960 based upon the results of the administration of the final
3961 coordinated screening and progress monitoring under s. 1008.2125
3962 shall be referred to the local school district and may be
3963 eligible to receive intensive reading interventions before
3964 participating in kindergarten. Such intensive reading
3965 interventions shall be paid for using funds from the district’s
3966 research-based reading instruction allocation in accordance with
3967 s. 1011.62(9).
3968 (6) ELIMINATION OF SOCIAL PROMOTION.—
3969 (b) The district school board may only exempt students from
3970 mandatory retention, as provided in paragraph (5)(c) (5)(b), for
3971 good cause. A student who is promoted to grade 4 with a good
3972 cause exemption shall be provided intensive reading instruction
3973 and intervention that include specialized diagnostic information
3974 and specific reading strategies to meet the needs of each
3975 student so promoted. The school district shall assist schools
3976 and teachers with the implementation of explicit, systematic,
3977 and multisensory reading instruction and intervention strategies
3978 for students promoted with a good cause exemption which research
3979 has shown to be successful in improving reading among students
3980 who have reading difficulties. Good cause exemptions are limited
3981 to the following:
3982 1. Limited English proficient students who have had less
3983 than 2 years of instruction in an English for Speakers of Other
3984 Languages program based on the initial date of entry into a
3985 school in the United States.
3986 2. Students with disabilities whose individual education
3987 plan indicates that participation in the statewide assessment
3988 program is not appropriate, consistent with the requirements of
3989 s. 1008.212.
3990 3. Students who demonstrate an acceptable level of
3991 performance on an alternative standardized reading or English
3992 Language Arts assessment approved by the State Board of
3993 Education.
3994 4. A student who demonstrates through a student portfolio
3995 that he or she is performing at least at Level 2 on the
3996 statewide, standardized English Language Arts assessment.
3997 5. Students with disabilities who take the statewide,
3998 standardized English Language Arts assessment and who have an
3999 individual education plan or a Section 504 plan that reflects
4000 that the student has received intensive instruction in reading
4001 or English Language Arts for more than 2 years but still
4002 demonstrates a deficiency and was previously retained in
4003 kindergarten, grade 1, grade 2, or grade 3.
4004 6. Students who have received intensive reading
4005 intervention for 2 or more years but still demonstrate a
4006 deficiency in reading and who were previously retained in
4007 kindergarten, grade 1, grade 2, or grade 3 for a total of 2
4008 years. A student may not be retained more than once in grade 3.
4009 (7) SUCCESSFUL PROGRESSION FOR RETAINED THIRD GRADE
4010 STUDENTS.—
4011 (a) Students retained under paragraph (5)(c) (5)(b) must be
4012 provided intensive interventions in reading to ameliorate the
4013 student’s specific reading deficiency and prepare the student
4014 for promotion to the next grade. These interventions must
4015 include:
4016 1. Evidence-based, explicit, systematic, and multisensory
4017 reading instruction in phonemic awareness, phonics, fluency,
4018 vocabulary, and comprehension and other strategies prescribed by
4019 the school district.
4020 2. Participation in the school district’s summer reading
4021 camp, which must incorporate the instructional and intervention
4022 strategies under subparagraph 1.
4023 3. A minimum of 90 minutes of daily, uninterrupted reading
4024 instruction incorporating the instructional and intervention
4025 strategies under subparagraph 1. This instruction may include:
4026 a. Integration of content-rich texts in science and social
4027 studies within the 90-minute block.
4028 b. Small group instruction.
4029 c. Reduced teacher-student ratios.
4030 d. More frequent progress monitoring.
4031 e. Tutoring or mentoring.
4032 f. Transition classes containing 3rd and 4th grade
4033 students.
4034 g. Extended school day, week, or year.
4035 (b) Each school district shall:
4036 1. Provide written notification to the parent of a student
4037 who is retained under paragraph (5)(c) (5)(b) that his or her
4038 child has not met the proficiency level required for promotion
4039 and the reasons the child is not eligible for a good cause
4040 exemption as provided in paragraph (6)(b). The notification must
4041 comply with paragraph (5)(d) (5)(c) and must include a
4042 description of proposed interventions and supports that will be
4043 provided to the child to remediate the identified areas of
4044 reading deficiency.
4045 2. Implement a policy for the midyear promotion of a
4046 student retained under paragraph (5)(c) (5)(b) who can
4047 demonstrate that he or she is a successful and independent
4048 reader and performing at or above grade level in reading or,
4049 upon implementation of English Language Arts assessments,
4050 performing at or above grade level in English Language Arts.
4051 Tools that school districts may use in reevaluating a student
4052 retained may include subsequent assessments, alternative
4053 assessments, and portfolio reviews, in accordance with rules of
4054 the State Board of Education. Students promoted during the
4055 school year after November 1 must demonstrate proficiency levels
4056 in reading equivalent to the level necessary for the beginning
4057 of grade 4. The rules adopted by the State Board of Education
4058 must include standards that provide a reasonable expectation
4059 that the student’s progress is sufficient to master appropriate
4060 grade 4 level reading skills.
4061 3. Provide students who are retained under paragraph (5)(c)
4062 (5)(b), including students participating in the school
4063 district’s summer reading camp under subparagraph (a)2., with a
4064 highly effective teacher as determined by the teacher’s
4065 performance evaluation under s. 1012.34, and, beginning July 1,
4066 2020, the teacher must also be certified or endorsed in reading.
4067 4. Establish at each school, when applicable, an intensive
4068 reading acceleration course for any student retained in grade 3
4069 who was previously retained in kindergarten, grade 1, or grade
4070 2. The intensive reading acceleration course must provide the
4071 following:
4072 a. Uninterrupted reading instruction for the majority of
4073 student contact time each day and opportunities to master the
4074 grade 4 Next Generation Sunshine State Standards in other core
4075 subject areas through content-rich texts.
4076 b. Small group instruction.
4077 c. Reduced teacher-student ratios.
4078 d. The use of explicit, systematic, and multisensory
4079 reading interventions, including intensive language, phonics,
4080 and vocabulary instruction, and use of a speech-language
4081 therapist if necessary, that have proven results in accelerating
4082 student reading achievement within the same school year.
4083 e. A read-at-home plan.
4084 (8) ANNUAL REPORT.—
4085 (a) In addition to the requirements in paragraph (5)(c)
4086 (5)(b), each district school board must annually report to the
4087 parent of each student the progress of the student toward
4088 achieving state and district expectations for proficiency in
4089 English Language Arts, science, social studies, and mathematics.
4090 The district school board must report to the parent the
4091 student’s results on each statewide, standardized assessment.
4092 The evaluation of each student’s progress must be based upon the
4093 student’s classroom work, observations, tests, district and
4094 state assessments, response to intensive interventions provided
4095 under paragraph (5)(a), and other relevant information. Progress
4096 reporting must be provided to the parent in writing in a format
4097 adopted by the district school board.
4098 Section 67. Section 1008.31, Florida Statutes, is amended
4099 to read:
4100 1008.31 Florida’s Early Learning-20 K-20 education
4101 performance accountability system; legislative intent; mission,
4102 goals, and systemwide measures; data quality improvements.—
4103 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
4104 that:
4105 (a) The performance accountability system implemented to
4106 assess the effectiveness of Florida’s seamless Early Learning-20
4107 K-20 education delivery system provide answers to the following
4108 questions in relation to its mission and goals:
4109 1. What is the public receiving in return for funds it
4110 invests in education?
4111 2. How effectively is Florida’s Early Learning-20 K-20
4112 education system educating its students?
4113 3. How effectively are the major delivery sectors promoting
4114 student achievement?
4115 4. How are individual schools and postsecondary education
4116 institutions performing their responsibility to educate their
4117 students as measured by how students are performing and how much
4118 they are learning?
4119 (b) The Early Learning-20 K-20 education performance
4120 accountability system be established as a single, unified
4121 accountability system with multiple components, including, but
4122 not limited to, student performance in public schools and school
4123 and district grades.
4124 (c) The K-20 education performance accountability system
4125 comply with the requirements of the “No Child Left Behind Act of
4126 2001,” Pub. L. No. 107-110, and the Individuals with
4127 Disabilities Education Act (IDEA).
4128 (d) The early learning accountability system comply with
4129 the requirements of part V and part VI of chapter 1002 and the
4130 requirements of the Child Care and Development Block Grant Trust
4131 Fund, pursuant to 45 C.F.R. parts 98 and 99.
4132 (e)(d) The State Board of Education and the Board of
4133 Governors of the State University System recommend to the
4134 Legislature systemwide performance standards; the Legislature
4135 establish systemwide performance measures and standards; and the
4136 systemwide measures and standards provide Floridians with
4137 information on what the public is receiving in return for the
4138 funds it invests in education and how well the Early Learning-20
4139 K-20 system educates its students.
4140 (f)1.(e)1. The State Board of Education establish
4141 performance measures and set performance standards for
4142 individual public schools and Florida College System
4143 institutions, with measures and standards based primarily on
4144 student achievement.
4145 2. The Board of Governors of the State University System
4146 establish performance measures and set performance standards for
4147 individual state universities, including actual completion
4148 rates.
4149 (2) MISSION, GOALS, AND SYSTEMWIDE MEASURES.—
4150 (a) The mission of Florida’s Early Learning-20 K-20
4151 education system shall be to increase the proficiency of all
4152 students within one seamless, efficient system, by allowing them
4153 the opportunity to expand their knowledge and skills through
4154 learning opportunities and research valued by students, parents,
4155 and communities.
4156 (b) The process for establishing state and sector-specific
4157 standards and measures must be:
4158 1. Focused on student success.
4159 2. Addressable through policy and program changes.
4160 3. Efficient and of high quality.
4161 4. Measurable over time.
4162 5. Simple to explain and display to the public.
4163 6. Aligned with other measures and other sectors to support
4164 a coordinated Early Learning-20 K-20 education system.
4165 (c) The Department of Education shall maintain an
4166 accountability system that measures student progress toward the
4167 following goals:
4168 1. Highest student achievement, as indicated by evidence of
4169 student learning gains at all levels.
4170 2. Seamless articulation and maximum access, as measured by
4171 evidence of progression, readiness, and access by targeted
4172 groups of students identified by the Commissioner of Education.
4173 3. Skilled workforce and economic development, as measured
4174 by evidence of employment and earnings.
4175 4. Quality efficient services, as measured by evidence of
4176 return on investment.
4177 5. Other goals as identified by law or rule.
4178 (3) K-20 EDUCATION DATA QUALITY IMPROVEMENTS.—To provide
4179 data required to implement education performance accountability
4180 measures in state and federal law, the Commissioner of Education
4181 shall initiate and maintain strategies to improve data quality
4182 and timeliness. The Board of Governors shall make available to
4183 the department all data within the State University Database
4184 System to be integrated into the educational K-20 data
4185 warehouse. The commissioner shall have unlimited access to such
4186 data for the purposes of conducting studies, reporting annual
4187 and longitudinal student outcomes, and improving college
4188 readiness and articulation. All public educational institutions
4189 shall annually provide data from the prior year to the
4190 educational K-20 data warehouse in a format based on data
4191 elements identified by the commissioner.
4192 (a) School districts and public postsecondary educational
4193 institutions shall maintain information systems that will
4194 provide the State Board of Education, the Board of Governors of
4195 the State University System, and the Legislature with
4196 information and reports necessary to address the specifications
4197 of the accountability system. The level of comprehensiveness and
4198 quality must be no less than that which was available as of June
4199 30, 2001.
4200 (b) Colleges and universities eligible to participate in
4201 the William L. Boyd, IV, Effective Access to Student Education
4202 Grant Program shall annually report student-level data from the
4203 prior year for each student who receives state funds in a format
4204 prescribed by the Department of Education. At a minimum, data
4205 from the prior year must include retention rates, transfer
4206 rates, completion rates, graduation rates, employment and
4207 placement rates, and earnings of graduates. By October 1 of each
4208 year, the colleges and universities described in this paragraph
4209 shall report the data to the department.
4210 (c) The Commissioner of Education shall determine the
4211 standards for the required data, monitor data quality, and
4212 measure improvements. The commissioner shall report annually to
4213 the State Board of Education, the Board of Governors of the
4214 State University System, the President of the Senate, and the
4215 Speaker of the House of Representatives data quality indicators
4216 and ratings for all school districts and public postsecondary
4217 educational institutions.
4218 (d) Before establishing any new reporting or data
4219 collection requirements, the commissioner shall use existing
4220 data being collected to reduce duplication and minimize
4221 paperwork.
4222 (4) RULES.—The State Board of Education shall adopt rules
4223 pursuant to ss. 120.536(1) and 120.54 to implement the
4224 provisions of this section relating to the educational K-20 data
4225 warehouse.
4226 Section 68. Section 1008.32, Florida Statutes, is amended
4227 to read:
4228 1008.32 State Board of Education oversight enforcement
4229 authority.—The State Board of Education shall oversee the
4230 performance of early learning coalitions, district school
4231 boards, and Florida College System institution boards of
4232 trustees in enforcement of all laws and rules. District school
4233 boards and Florida College System institution boards of trustees
4234 shall be primarily responsible for compliance with law and state
4235 board rule.
4236 (1) In order to ensure compliance with law or state board
4237 rule, the State Board of Education shall have the authority to
4238 request and receive information, data, and reports from early
4239 learning coalitions, school districts, and Florida College
4240 System institutions. Early learning coalition chief executive
4241 officers or executive directors, district school
4242 superintendents, and Florida College System institution
4243 presidents are responsible for the accuracy of the information
4244 and data reported to the state board.
4245 (2)(a) The Commissioner of Education may investigate
4246 allegations of noncompliance with law or state board rule and
4247 determine probable cause. The commissioner shall report
4248 determinations of probable cause to the State Board of Education
4249 which shall require the early learning coalition, district
4250 school board, or Florida College System institution board of
4251 trustees to document compliance with law or state board rule.
4252 (b) The Commissioner of Education shall report to the State
4253 Board of Education any findings by the Auditor General that an
4254 early learning coalition, a district school board, or Florida
4255 College System institution is acting without statutory authority
4256 or contrary to general law. The State Board of Education shall
4257 require the early learning coalition, district school board, or
4258 Florida College System institution board of trustees to document
4259 compliance with such law.
4260 (3) If the early learning coalition, district school board,
4261 or Florida College System institution board of trustees cannot
4262 satisfactorily document compliance, the State Board of Education
4263 may order compliance within a specified timeframe.
4264 (4) If the State Board of Education determines that an
4265 early learning coalition, a district school board, or Florida
4266 College System institution board of trustees is unwilling or
4267 unable to comply with law or state board rule within the
4268 specified time, the state board shall have the authority to
4269 initiate any of the following actions:
4270 (a) Report to the Legislature that the early learning
4271 coalition, school district, or Florida College System
4272 institution is unwilling or unable to comply with law or state
4273 board rule and recommend action to be taken by the Legislature.
4274 (b) Withhold the transfer of state funds, discretionary
4275 grant funds, discretionary lottery funds, or any other funds
4276 specified as eligible for this purpose by the Legislature until
4277 the early learning coalition, school district, or Florida
4278 College System institution complies with the law or state board
4279 rule.
4280 (c) Declare the early learning coalition, school district,
4281 or Florida College System institution ineligible for competitive
4282 grants.
4283 (d) Require monthly or periodic reporting on the situation
4284 related to noncompliance until it is remedied.
4285 (5) Nothing in this section shall be construed to create a
4286 private cause of action or create any rights for individuals or
4287 entities in addition to those provided elsewhere in law or rule.
4288 Section 69. Paragraph (a) of subsection (3) of section
4289 1008.33, Florida Statutes, is amended to read:
4290 1008.33 Authority to enforce public school improvement.—
4291 (3)(a) The academic performance of all students has a
4292 significant effect on the state school system. Pursuant to Art.
4293 IX of the State Constitution, which prescribes the duty of the
4294 State Board of Education to supervise Florida’s public school
4295 system, the state board shall equitably enforce the
4296 accountability requirements of the state school system and may
4297 impose state requirements on school districts in order to
4298 improve the academic performance of all districts, schools, and
4299 students based upon the provisions of the Florida Early
4300 Learning-20 K-20 Education Code, chapters 1000-1013; the federal
4301 ESEA and its implementing regulations; and the ESEA flexibility
4302 waiver approved for Florida by the United States Secretary of
4303 Education.
4304 Section 70. Subsection (9) of section 1011.62, Florida
4305 Statutes, is amended to read:
4306 1011.62 Funds for operation of schools.—If the annual
4307 allocation from the Florida Education Finance Program to each
4308 district for operation of schools is not determined in the
4309 annual appropriations act or the substantive bill implementing
4310 the annual appropriations act, it shall be determined as
4311 follows:
4312 (9) RESEARCH-BASED READING INSTRUCTION ALLOCATION.—
4313 (a) The research-based reading instruction allocation is
4314 created to provide comprehensive reading instruction to students
4315 in kindergarten through grade 12, including certain students who
4316 exhibit a substantial deficiency in early literacy and completed
4317 the Voluntary Prekindergarten Education Program under s.
4318 1008.25(5)(b). Each school district that has one or more of the
4319 300 lowest-performing elementary schools based on a 3-year
4320 average of the state reading assessment data must use the
4321 school’s portion of the allocation to provide an additional hour
4322 per day of intensive reading instruction for the students in
4323 each school. The additional hour may be provided within the
4324 school day. Students enrolled in these schools who earned a
4325 level 4 or level 5 score on the statewide, standardized English
4326 Language Arts assessment for the previous school year may
4327 participate in the additional hour of instruction. Exceptional
4328 student education centers may not be included in the 300
4329 schools. The intensive reading instruction delivered in this
4330 additional hour shall include: research-based reading
4331 instruction that has been proven to accelerate progress of
4332 students exhibiting a reading deficiency; differentiated
4333 instruction based on screening, diagnostic, progress monitoring,
4334 or student assessment data to meet students’ specific reading
4335 needs; explicit and systematic reading strategies to develop
4336 phonemic awareness, phonics, fluency, vocabulary, and
4337 comprehension, with more extensive opportunities for guided
4338 practice, error correction, and feedback; and the integration of
4339 social studies, science, and mathematics-text reading, text
4340 discussion, and writing in response to reading.
4341 (b) Funds for comprehensive, research-based reading
4342 instruction shall be allocated annually to each school district
4343 in the amount provided in the General Appropriations Act. Each
4344 eligible school district shall receive the same minimum amount
4345 as specified in the General Appropriations Act, and any
4346 remaining funds shall be distributed to eligible school
4347 districts based on each school district’s proportionate share of
4348 K-12 base funding.
4349 (c) Funds allocated under this subsection must be used to
4350 provide a system of comprehensive reading instruction to
4351 students enrolled in the K-12 programs and certain students who
4352 exhibit a substantial deficiency in early literacy and completed
4353 the Voluntary Prekindergarten Education Program pursuant to s.
4354 1008.25(5)(b), which may include the following:
4355 1. An additional hour per day of evidence-based intensive
4356 reading instruction to students in the 300 lowest-performing
4357 elementary schools by teachers and reading specialists who have
4358 demonstrated effectiveness in teaching reading as required in
4359 paragraph (a).
4360 2. Kindergarten through grade 5 evidence-based reading
4361 intervention teachers to provide intensive reading interventions
4362 provided by reading intervention teachers intervention during
4363 the school day and in the required extra hour for students
4364 identified as having a reading deficiency.
4365 3. Highly qualified reading coaches to specifically support
4366 teachers in making instructional decisions based on student
4367 data, and improve teacher delivery of effective reading
4368 instruction, intervention, and reading in the content areas
4369 based on student need.
4370 4. Professional development for school district teachers in
4371 scientifically based reading instruction, including strategies
4372 to teach reading in content areas and with an emphasis on
4373 technical and informational text, to help school district
4374 teachers earn a certification or an endorsement in reading.
4375 5. Summer reading camps, using only teachers or other
4376 district personnel who are certified or endorsed in reading
4377 consistent with s. 1008.25(7)(b)3., for all students in
4378 kindergarten through grade 2 who demonstrate a reading
4379 deficiency as determined by district and state assessments, and
4380 students in grades 3 through 5 who score at Level 1 on the
4381 statewide, standardized English Language Arts assessment, and
4382 certain students who exhibit a substantial deficiency in early
4383 literacy and completed the Voluntary Prekindergarten Education
4384 Program under s. 1008.25(5)(b).
4385 6. Scientifically researched and evidence-based
4386 supplemental instructional materials that are grounded in
4387 scientifically based reading research as identified by the Just
4388 Read, Florida! Office pursuant to s. 1001.215(8).
4389 7. Evidence-based intensive interventions for students in
4390 kindergarten through grade 12 who have been identified as having
4391 a reading deficiency or who are reading below grade level as
4392 determined by the statewide, standardized English Language Arts
4393 assessment or for certain students who exhibit a substantial
4394 deficiency in early literacy and completed the Voluntary
4395 Prekindergarten Education Program under s. 1008.25(5)(b).
4396 (d)1. Annually, by a date determined by the Department of
4397 Education but before May 1, school districts shall submit a K-12
4398 comprehensive reading plan for the specific use of the research
4399 based reading instruction allocation in the format prescribed by
4400 the department for review and approval by the Just Read,
4401 Florida! Office created pursuant to s. 1001.215. The plan
4402 annually submitted by school districts shall be deemed approved
4403 unless the department rejects the plan on or before June 1. If a
4404 school district and the Just Read, Florida! Office cannot reach
4405 agreement on the contents of the plan, the school district may
4406 appeal to the State Board of Education for resolution. School
4407 districts shall be allowed reasonable flexibility in designing
4408 their plans and shall be encouraged to offer reading
4409 intervention through innovative methods, including career
4410 academies. The plan format shall be developed with input from
4411 school district personnel, including teachers and principals,
4412 and shall provide for intensive reading interventions through
4413 integrated curricula, provided that, beginning with the 2020
4414 2021 school year, the interventions are delivered by a teacher
4415 who is certified or endorsed in reading. Such interventions must
4416 incorporate evidence-based strategies identified by the Just
4417 Read, Florida! Office pursuant to s. 1001.215(8). No later than
4418 July 1 annually, the department shall release the school
4419 district’s allocation of appropriated funds to those districts
4420 having approved plans. A school district that spends 100 percent
4421 of this allocation on its approved plan shall be deemed to have
4422 been in compliance with the plan. The department may withhold
4423 funds upon a determination that reading instruction allocation
4424 funds are not being used to implement the approved plan. The
4425 department shall monitor and track the implementation of each
4426 district plan, including conducting site visits and collecting
4427 specific data on expenditures and reading improvement results.
4428 By February 1 of each year, the department shall report its
4429 findings to the Legislature.
4430 2. Each school district that has a school designated as one
4431 of the 300 lowest-performing elementary schools as specified in
4432 paragraph (a) shall specifically delineate in the comprehensive
4433 reading plan, or in an addendum to the comprehensive reading
4434 plan, the implementation design and reading intervention
4435 strategies that will be used for the required additional hour of
4436 reading instruction. The term “reading intervention” includes
4437 evidence-based strategies frequently used to remediate reading
4438 deficiencies and also includes individual instruction, tutoring,
4439 mentoring, or the use of technology that targets specific
4440 reading skills and abilities.
4441
4442 For purposes of this subsection, the term “evidence-based” means
4443 demonstrating a statistically significant effect on improving
4444 student outcomes or other relevant outcomes.
4445 Section 71. For the 2022-2023 fiscal year, the sum of
4446 $3,088,000 in recurring funds is appropriated from the General
4447 Revenue Fund to the Department of Education to implement the
4448 coordinated screening and progress monitoring program required
4449 by s. 1008.2125, Florida Statutes. Of these funds, $3 million
4450 shall be placed in reserve. The department is authorized to
4451 submit budget amendments requesting the release of funds
4452 pursuant to chapter 216, Florida Statutes. The budget amendment
4453 shall include a detailed operational work plan and spending
4454 plan. The department shall submit quarterly updates to the plans
4455 and quarterly project status reports to the Office of Policy and
4456 Budget in the Executive Office of the Governor and the chairs of
4457 the Senate Committee on Appropriations and the House of
4458 Representatives Appropriations Committee. Each status report
4459 must include progress made to date for each project activity,
4460 planned and actual tasks and deliverable completion dates,
4461 planned and actual costs incurred, and any current issues and
4462 risks.
4463 Section 72. For the 2021-2022 fiscal year, the sum of
4464 $100,000 in nonrecurring funds is appropriated from the General
4465 Revenue Fund to the Department of Education to issue a
4466 competitive solicitation to contract with an independent third
4467 party consulting firm to conduct a review of the school
4468 readiness payment rates by county, provider type, and care
4469 level. The review shall include an evaluation of the current
4470 methodology for establishing the market rate schedule pursuant
4471 to s. 1002.895, Florida Statutes, the current school readiness
4472 payment rates, and the impact of the approved pay differentials
4473 authorized under part VI of chapter 1002, Florida Statutes, on
4474 the payment rates. The review shall include recommendations on a
4475 methodology for setting the payment rates by county, by provider
4476 type, and by care level that takes into consideration the impact
4477 that local ordinances may have on the market rate if such
4478 ordinances require more stringent staff-to-child ratios than
4479 required in s. 402.305(4), Florida Statutes, but may not
4480 consider school readiness wait lists as a factor. The department
4481 shall submit the results of the review and the recommendations
4482 to the Governor’s Office of Policy and Budget and the chairs of
4483 the Senate Committee on Appropriations and the House of
4484 Representatives Appropriations Committee by January 1, 2022.
4485 Section 73. For the 2021-2022 fiscal year, the sum of
4486 $677,759 in recurring funds is appropriated from the General
4487 Revenue Fund to the Department of Education to assist in the
4488 implementation of s. 1002.68(2), Florida Statutes.
4489 Section 74. This act shall take effect upon becoming a law.
