Bill Text: FL S1616 | 2020 | Regular Session | Introduced
Bill Title: Early Learning and Early Grade Success
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-10 - Withdrawn prior to introduction [S1616 Detail]
Download: Florida-2020-S1616-Introduced.html
Florida Senate - 2020 SB 1616
By Senator Harrell
25-01567-20 20201616__
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.; adding the Division of Early Learning to
6 the divisions of the Department of Education; deleting
7 the Office of Early Learning from the Office of
8 Independent Education and Parental Choice of the
9 Department of Education; amending ss. 39.202 and
10 39.604, F.S.; conforming provisions and cross
11 references to changes made by the act; amending s.
12 212.08, F.S.; providing that certain curricula are
13 exempt from specified taxes; amending s. 216.136,
14 F.S.; revising the duties of the Early Learning
15 Programs Estimating Conference; requiring the
16 department, rather than the Office of Early Learning,
17 to provide specified information to the conference;
18 amending ss. 383.14, 391.308, and 402.26, F.S.;
19 conforming provisions and cross-references to changes
20 made by the act; repealing s. 402.281, F.S., relating
21 to the Gold Seal Quality Care program; amending s.
22 402.305, F.S.; providing requirements for minimum
23 child care licensing standards; requiring standards
24 adopted after a specified date to be ratified by the
25 Legislature; revising requirements relating to staff
26 trained in cardiopulmonary resuscitation; amending s.
27 402.315, F.S.; conforming a cross-reference; amending
28 s. 402.56, F.S.; revising the membership of the
29 Children and Youth Cabinet; amending ss. 411.226,
30 411.227, 414.295, 1000.01, 1000.02, 1000.03, 1000.04,
31 1000.21, 1001.02, 1001.03, 1001.10, and 1001.11, F.S.;
32 conforming provisions to changes made by the act;
33 repealing s. 1001.213, F.S., relating to the Office of
34 Early Learning; amending ss. 1001.215, 1001.23,
35 1001.70, 1002.32, 1002.34, and 1002.36, F.S.;
36 conforming provisions and cross-references to changes
37 made by the act; amending s. 1002.53, F.S.; requiring
38 students enrolled in the Voluntary Prekindergarten
39 Education Program to participate in a specified
40 screening and progress-monitoring program; amending s.
41 1002.55, F.S.; authorizing certain child development
42 programs operating on military installations to be
43 private prekindergarten providers within the Voluntary
44 Prekindergarten Education Program; providing that a
45 private prekindergarten provider is ineligible for
46 participation in the program under certain
47 circumstances; revising requirements a prekindergarten
48 instructor must meet; revising requirements for a
49 specified standards training course; providing
50 liability insurance requirements for child development
51 programs that operate on military installations and
52 participate in the program; requiring early learning
53 coalitions to verify private prekindergarten provider
54 compliance with specified provisions; requiring such
55 coalitions to remove a provider’s eligibility under
56 specified circumstances; amending s. 1002.57, F.S.;
57 revising the minimum standards for a credential for
58 certain prekindergarten directors; amending s.
59 1002.59, F.S.; revising requirements for emergent
60 literacy and performance standards training courses
61 for prekindergarten instructors; requiring the
62 department to make certain courses available; amending
63 s. 1002.61, F.S.; authorizing certain child
64 development programs operating on military
65 installations to be private prekindergarten providers
66 within the summer Voluntary Prekindergarten Education
67 Program; revising the criteria for teachers to receive
68 priority consideration from school districts in
69 staffing the summer program; requiring child
70 development programs operating on military
71 installations to comply with specified criteria;
72 requiring early learning coalitions to verify
73 specified information; providing for the removal of a
74 program provider from eligibility under certain
75 circumstances; amending s. 1002.63, F.S.; revoking the
76 eligibility of certain public schools to participate
77 in the program under certain circumstances; providing
78 for the removal of public school program providers
79 from the program under certain circumstances; amending
80 s. 1002.67, F.S.; revising the performance standards
81 for the Voluntary Prekindergarten Education Program;
82 requiring the department to review performance
83 standards on a specified schedule; providing
84 curriculum requirements for program providers;
85 requiring the State Board of Education to adopt rules
86 for the review and approval of curricula for the
87 program; deleting a required preassessment and
88 postassessment for the program; creating s. 1002.68,
89 F.S.; requiring providers of the Voluntary
90 Prekindergarten Education Program to participate in a
91 specified screening and progress monitoring program;
92 providing specified uses for the results of such
93 screening and progress-monitoring program; requiring
94 certain portions of the screening and progress
95 monitoring program to be administered by individuals
96 who meet specified criteria; requiring the results of
97 specified assessments to be reported to the parents of
98 participating students within a certain timeframe;
99 providing requirements for such assessments; providing
100 department duties and responsibilities relating to
101 such assessments; providing requirements for a
102 specified methodology used to calculate the results of
103 such assessments; requiring the department to
104 establish a grading system for program providers;
105 providing for the adoption of a minimum performance
106 metric or grade for program participation; providing
107 procedures for providers whose score or grade falls
108 below the minimum requirement; providing for the
109 revocation of program eligibility for certain
110 providers; authorizing the department to grant good
111 cause exemptions to providers under certain
112 circumstances; providing department and provider
113 requirements for such exemptions; repealing s.
114 1002.69, F.S., relating to statewide kindergarten
115 screening and readiness rates; amending ss. 1002.71
116 and 1002.72, F.S.; conforming provisions to changes
117 made by the act; amending s. 1002.73, F.S.; requiring
118 the department to adopt a specified standard statewide
119 provider contract; requiring such contract to be
120 published on the department’s website; providing
121 requirements for such contract; prohibiting providers
122 from offering services during an appeal of termination
123 from the program; providing applicability; requiring
124 the state board to adopt specified rules relating to
125 the Voluntary Prekindergarten Education Program;
126 revising duties of the department relating to the
127 program; repealing s. 1002.75, F.S., relating to the
128 powers and duties of the Office of Early Learning;
129 repealing s. 1002.77, F.S., relating to the Florida
130 Early Learning Advisory Council; amending ss. 1002.79
131 and 1002.81, F.S.; redefining a term; conforming
132 provisions and cross-references to changes made by the
133 act; amending s. 1002.82, F.S.; providing duties of
134 the department relating to early learning; exempting
135 certain child development programs operating on
136 military installations from specified inspection
137 requirements; requiring the department to monitor
138 specified standards and benchmarks for certain
139 purposes; requiring the department to provide
140 specified technical support; revising requirements for
141 a specified assessment program; requiring the
142 department to adopt requirements to make certain
143 contracted slots available to serve specified
144 populations by a specified date; authorizing the
145 department to remove certain coalitions from
146 eligibility to administer early learning programs
147 under certain circumstances; requiring the state board
148 to adopt rules for merging early learning coalitions;
149 amending s. 1002.83, F.S.; authorizing up to 30 early
150 learning coalitions rather than 31; revising the
151 number of members an early learning coalition may
152 have; revising requirements for such coalitions;
153 amending s. 1002.84, F.S.; revising early learning
154 coalition powers and duties; revising requirements for
155 the waiver of specified copayments; deleting a
156 provision relating to certain payment schedules;
157 revising requirements relating to certain contracts;
158 amending s. 1002.85, F.S.; conforming provisions to
159 changes made by the act; amending s. 1002.88, F.S.;
160 authorizing certain child development programs
161 operating on military installations to participate in
162 the school readiness program; revising requirements to
163 deliver services for the program; providing that a
164 specified annual inspection for child development
165 programs operating on military installations meets
166 certain provider requirements; providing a process for
167 child development programs operating on military
168 installations to meet certain liability requirements;
169 amending ss. 1002.89, 1002.895, 1002.91, 1002.92,
170 1002.93, and 1002.94, F.S.; conforming provisions and
171 cross-references to changes made by the act; creating
172 s. 1002.945, F.S.; establishing the Gold Seal Quality
173 Care Program within the department; providing for the
174 award of a Gold Seal Quality Care designation by
175 specified accrediting associations; requiring the
176 state board to adopt standards for the award of such
177 designation; providing accrediting association
178 requirements; providing requirements for maintaining
179 such designation; providing for an exemption from
180 certain taxes for qualifying providers; providing for
181 certain child care facilities to receive a specified
182 rate differential; authorizing the Early Learning
183 Programs Estimating Conference to determine certain
184 rate differentials for certain school readiness
185 programs; requiring the state board to adopt rules;
186 amending ss. 1002.95, 1002.96, 1002.97, 1002.995,
187 1003.575, and 1007.01, F.S.; conforming provisions to
188 changes made by the act; creating s. 1008.2125, F.S.;
189 creating the coordinated screening and progress
190 monitoring program within the department for specified
191 purposes; requiring the Commissioner of Education to
192 design the program; providing requirements for the
193 administration of the program beginning in a specified
194 school year; requiring results of the program to be
195 reported to and maintained by the department;
196 providing duties for the commissioner; creating the
197 Council for Early Grade Success; providing duties of
198 the council; providing membership of the council;
199 requiring the council to elect a chair and a vice
200 chair; providing for per diem for members of the
201 council; providing meeting requirements for the
202 council; providing for a quorum of the council;
203 amending s. 1008.25, F.S.; authorizing certain
204 students enrolled in the Voluntary Prekindergarten
205 Education Program to receive intensive reading
206 interventions using specified funds; amending ss.
207 1008.31, 1008.32, and 1008.33, F.S.; conforming
208 provisions to changes made by the act; amending s.
209 1011.62, F.S.; revising the research-based reading
210 instruction allocation to authorize the use of such
211 funds for certain intensive reading interventions for
212 students enrolled in the Voluntary Prekindergarten
213 Education Program; amending ss. 1002.22 and 1002.53,
214 F.S.; conforming cross-references; providing an
215 effective date.
216
217 Be It Enacted by the Legislature of the State of Florida:
218
219 Section 1. Paragraphs (a) and (d) of subsection (1) of
220 section 20.055, Florida Statutes, are amended to read:
221 20.055 Agency inspectors general.—
222 (1) As used in this section, the term:
223 (a) “Agency head” means the Governor, a Cabinet officer, or
224 a secretary or executive director as those terms are defined in
225 s. 20.03, the chair of the Public Service Commission, the
226 Director of the Office of Insurance Regulation of the Financial
227 Services Commission, the Director of the Office of Financial
228 Regulation of the Financial Services Commission, the board of
229 directors of the Florida Housing Finance Corporation, the
230 executive director of the Office of Early Learning, and the
231 Chief Justice of the State Supreme Court.
232 (d) “State agency” means each department created pursuant
233 to this chapter and the Executive Office of the Governor, the
234 Department of Military Affairs, the Fish and Wildlife
235 Conservation Commission, the Office of Insurance Regulation of
236 the Financial Services Commission, the Office of Financial
237 Regulation of the Financial Services Commission, the Public
238 Service Commission, the Board of Governors of the State
239 University System, the Florida Housing Finance Corporation, the
240 Office of Early Learning, and the state courts system.
241 Section 2. Present paragraphs (c) through (j) of subsection
242 (3) of section 20.15, Florida Statutes, are redesignated as
243 paragraphs (d) through (k), respectively, a new paragraph (c) is
244 added to subsection (3), and present paragraph (i) of subsection
245 (3) and subsection (5) of that section are amended, to read:
246 20.15 Department of Education.—There is created a
247 Department of Education.
248 (3) DIVISIONS.—The following divisions of the Department of
249 Education are established:
250 (c) Division of Early Learning.
251 (j)(i) The Office of Independent Education and Parental
252 Choice, which must include the following offices:
253 1. The Office of Early Learning, which shall be
254 administered by an executive director who is fully accountable
255 to the Commissioner of Education. The executive director shall,
256 pursuant to s. 1001.213, administer the early learning programs,
257 including the school readiness program and the Voluntary
258 Prekindergarten Education Program at the state level.
259 2. the Office of K-12 School Choice, which shall be
260 administered by an executive director who is fully accountable
261 to the Commissioner of Education.
262 (5) POWERS AND DUTIES.—The State Board of Education and the
263 Commissioner of Education shall assign to the divisions such
264 powers, duties, responsibilities, and functions as are necessary
265 to ensure the greatest possible coordination, efficiency, and
266 effectiveness of education for students in Early Learning-20 K
267 20 education under the jurisdiction of the State Board of
268 Education.
269 Section 3. Paragraph (a) of subsection (2) of section
270 39.202, Florida Statutes, is amended to read:
271 39.202 Confidentiality of reports and records in cases of
272 child abuse or neglect.—
273 (2) Except as provided in subsection (4), access to such
274 records, excluding the name of, or other identifying information
275 with respect to, the reporter which shall be released only as
276 provided in subsection (5), shall be granted only to the
277 following persons, officials, and agencies:
278 (a) Employees, authorized agents, or contract providers of
279 the department, the Department of Health, the Agency for Persons
280 with Disabilities, the Office of Early Learning, or county
281 agencies responsible for carrying out:
282 1. Child or adult protective investigations;
283 2. Ongoing child or adult protective services;
284 3. Early intervention and prevention services;
285 4. Healthy Start services;
286 5. Licensure or approval of adoptive homes, foster homes,
287 child care facilities, facilities licensed under chapter 393,
288 family day care homes, providers who receive school readiness
289 funding under part VI of chapter 1002, or other homes used to
290 provide for the care and welfare of children;
291 6. Employment screening for caregivers in residential group
292 homes; or
293 7. Services for victims of domestic violence when provided
294 by certified domestic violence centers working at the
295 department’s request as case consultants or with shared clients.
296
297 Also, employees or agents of the Department of Juvenile Justice
298 responsible for the provision of services to children, pursuant
299 to chapters 984 and 985.
300 Section 4. Paragraph (b) of subsection (5) of section
301 39.604, Florida Statutes, is amended to read:
302 39.604 Rilya Wilson Act; short title; legislative intent;
303 child care; early education; preschool.—
304 (5) EDUCATIONAL STABILITY.—Just as educational stability is
305 important for school-age children, it is also important to
306 minimize disruptions to secure attachments and stable
307 relationships with supportive caregivers of children from birth
308 to school age and to ensure that these attachments are not
309 disrupted due to placement in out-of-home care or subsequent
310 changes in out-of-home placement.
311 (b) If it is not in the best interest of the child for him
312 or her to remain in his or her child care or early education
313 setting upon entry into out-of-home care, the caregiver must
314 work with the case manager, guardian ad litem, child care and
315 educational staff, and educational surrogate, if one has been
316 appointed, to determine the best setting for the child. Such
317 setting may be a child care provider that receives a Gold Seal
318 Quality Care designation pursuant to s. 1002.945 s. 402.281, a
319 provider participating in a quality rating system, a licensed
320 child care provider, a public school provider, or a license
321 exempt child care provider, including religious-exempt and
322 registered providers, and nonpublic schools.
323 Section 5. Paragraph (m) of subsection (5) of section
324 212.08, Florida Statutes, is amended to read:
325 212.08 Sales, rental, use, consumption, distribution, and
326 storage tax; specified exemptions.—The sale at retail, the
327 rental, the use, the consumption, the distribution, and the
328 storage to be used or consumed in this state of the following
329 are hereby specifically exempt from the tax imposed by this
330 chapter.
331 (5) EXEMPTIONS; ACCOUNT OF USE.—
332 (m) Educational materials purchased by certain child care
333 facilities.—Educational materials, such as glue, paper, paints,
334 crayons, unique craft items, scissors, books, and educational
335 toys, and curricula, purchased by a child care facility that
336 meets the standards delineated in s. 402.305, is licensed under
337 s. 402.308, holds a current Gold Seal Quality Care designation
338 pursuant to s. 1002.945 s. 402.281, and provides basic health
339 insurance to all employees are exempt from the taxes imposed by
340 this chapter. For purposes of this paragraph, the term “basic
341 health insurance” shall be defined and promulgated in rules
342 developed jointly by the Department of Education Children and
343 Families, the Agency for Health Care Administration, and the
344 Financial Services Commission.
345 Section 6. Subsection (8) of section 216.136, Florida
346 Statutes, is amended to read:
347 216.136 Consensus estimating conferences; duties and
348 principals.—
349 (8) EARLY LEARNING PROGRAMS ESTIMATING CONFERENCE.—
350 (a) The Early Learning Programs Estimating Conference shall
351 develop estimates and forecasts by county of the unduplicated
352 count of children eligible for the school readiness program in
353 accordance with the standards of eligibility established in s.
354 1002.87 and of children eligible for the Voluntary
355 Prekindergarten Education Program in accordance with s.
356 1002.53(2); review and verify the procedures and data used by
357 the Department of Education for the adoption of the market rate
358 schedule under s. 1002.895; determine base payment rates and the
359 application of legislatively approved differentials under part
360 VI of chapter 1002 by county, care level, and provider type that
361 ensure reasonable access to quality early learning settings in
362 each county and that shall be implemented by each early learning
363 coalition and used in any school readiness program funding
364 formula; verify all data sources and calculations used to
365 determine funding recommendations by county for the school
366 readiness program and the Voluntary Prekindergarten Education
367 Program before submission of any legislative budget request; and
368 meet at least biannually, as the conference determines are
369 needed to support the state planning, budgeting, and
370 appropriations processes.
371 (b) The department Office of Early Learning shall provide
372 any reasonably related information for the conference or its
373 principals to be able to complete the duties listed in paragraph
374 (a) on needs and waiting lists for school readiness programs,
375 and information on the needs for the Voluntary Prekindergarten
376 Education Program, as requested by the Early Learning Programs
377 Estimating Conference or individual conference principals in a
378 timely manner.
379 Section 7. Paragraph (b) of subsection (1) and paragraph
380 (b) of subsection (2) of section 383.14, Florida Statutes, are
381 amended to read:
382 383.14 Screening for metabolic disorders, other hereditary
383 and congenital disorders, and environmental risk factors.—
384 (1) SCREENING REQUIREMENTS.—To help ensure access to the
385 maternal and child health care system, the Department of Health
386 shall promote the screening of all newborns born in Florida for
387 metabolic, hereditary, and congenital disorders known to result
388 in significant impairment of health or intellect, as screening
389 programs accepted by current medical practice become available
390 and practical in the judgment of the department. The department
391 shall also promote the identification and screening of all
392 newborns in this state and their families for environmental risk
393 factors such as low income, poor education, maternal and family
394 stress, emotional instability, substance abuse, and other high
395 risk conditions associated with increased risk of infant
396 mortality and morbidity to provide early intervention,
397 remediation, and prevention services, including, but not limited
398 to, parent support and training programs, home visitation, and
399 case management. Identification, perinatal screening, and
400 intervention efforts shall begin prior to and immediately
401 following the birth of the child by the attending health care
402 provider. Such efforts shall be conducted in hospitals,
403 perinatal centers, county health departments, school health
404 programs that provide prenatal care, and birthing centers, and
405 reported to the Office of Vital Statistics.
406 (b) Postnatal screening.—A risk factor analysis using the
407 department’s designated risk assessment instrument shall also be
408 conducted as part of the medical screening process upon the
409 birth of a child and submitted to the department’s Office of
410 Vital Statistics for recording and other purposes provided for
411 in this chapter. The department’s screening process for risk
412 assessment shall include a scoring mechanism and procedures that
413 establish thresholds for notification, further assessment,
414 referral, and eligibility for services by professionals or
415 paraprofessionals consistent with the level of risk. Procedures
416 for developing and using the screening instrument, notification,
417 referral, and care coordination services, reporting
418 requirements, management information, and maintenance of a
419 computer-driven registry in the Office of Vital Statistics which
420 ensures privacy safeguards must be consistent with the
421 provisions and plans established under chapter 411, Pub. L. No.
422 99-457, and this chapter. Procedures established for reporting
423 information and maintaining a confidential registry must include
424 a mechanism for a centralized information depository at the
425 state and county levels. The department shall coordinate with
426 existing risk assessment systems and information registries. The
427 department must ensure, to the maximum extent possible, that the
428 screening information registry is integrated with the
429 department’s automated data systems, including the Florida On
430 line Recipient Integrated Data Access (FLORIDA) system. Tests
431 and screenings must be performed by the State Public Health
432 Laboratory, in coordination with Children’s Medical Services, at
433 such times and in such manner as is prescribed by the department
434 after consultation with the Genetics and Newborn Screening
435 Advisory Council and the Department of Education Office of Early
436 Learning.
437 (2) RULES.—
438 (b) After consultation with the Department of Education
439 Office of Early Learning, the department shall adopt and enforce
440 rules requiring every newborn in this state to be screened for
441 environmental risk factors that place children and their
442 families at risk for increased morbidity, mortality, and other
443 negative outcomes.
444 Section 8. Paragraph (h) of subsection (2) of section
445 391.308, Florida Statutes, is amended to read:
446 391.308 Early Steps Program.—The department shall implement
447 and administer part C of the federal Individuals with
448 Disabilities Education Act (IDEA), which shall be known as the
449 “Early Steps Program.”
450 (2) DUTIES OF THE DEPARTMENT.—The department shall:
451 (h) Promote interagency cooperation and coordination, with
452 the Medicaid program, the Department of Education program
453 pursuant to part B of the federal Individuals with Disabilities
454 Education Act, and programs providing child screening such as
455 the Florida Diagnostic and Learning Resources System, the Office
456 of Early Learning, Healthy Start, and the Help Me Grow program.
457 1. Coordination with the Medicaid program shall be
458 developed and maintained through written agreements with the
459 Agency for Health Care Administration and Medicaid managed care
460 organizations as well as through active and ongoing
461 communication with these organizations. The department shall
462 assist local program offices to negotiate agreements with
463 Medicaid managed care organizations in the service areas of the
464 local program offices. Such agreements may be formal or
465 informal.
466 2. Coordination with education programs pursuant to part B
467 of the federal Individuals with Disabilities Education Act shall
468 be developed and maintained through written agreements with the
469 Department of Education. The department shall assist local
470 program offices to negotiate agreements with school districts in
471 the service areas of the local program offices.
472 Section 9. Subsection (6) of section 402.26, Florida
473 Statutes, is amended to read:
474 402.26 Child care; legislative intent.—
475 (6) It is the intent of the Legislature that a child care
476 facility licensed pursuant to s. 402.305 or a child care
477 facility exempt from licensing pursuant to s. 402.316, that
478 achieves Gold Seal Quality status pursuant to s. 1002.945 s.
479 402.281, be considered an educational institution for the
480 purpose of qualifying for exemption from ad valorem tax pursuant
481 to s. 196.198.
482 Section 10. Section 402.281, Florida Statutes, is repealed.
483 Section 11. Paragraph (c) of subsection (1) and paragraph
484 (a) of subsection (7) of section 402.305, Florida Statutes, are
485 amended to read:
486 402.305 Licensing standards; child care facilities.—
487 (1) LICENSING STANDARDS.—The department shall establish
488 licensing standards that each licensed child care facility must
489 meet regardless of the origin or source of the fees used to
490 operate the facility or the type of children served by the
491 facility.
492 (c) The minimum standards for child care facilities shall
493 be adopted in the rules of the department and shall address the
494 areas delineated in this section. The department, in adopting
495 rules to establish minimum standards for child care facilities,
496 shall recognize that different age groups of children may
497 require different standards. The department may adopt different
498 minimum standards for facilities that serve children in
499 different age groups, including school-age children. The
500 department shall also adopt by rule a definition for child care
501 which distinguishes between child care programs that require
502 child care licensure and after-school programs that do not
503 require licensure. Notwithstanding any other provision of law to
504 the contrary, minimum child care licensing standards shall be
505 developed to provide for reasonable, affordable, and safe
506 before-school and after-school care and may not exceed standards
507 expressly set forth in ss. 402.301-402.319. Licensing standards
508 adopted by the department on or after July 1, 2020, must be
509 ratified by the Legislature. After-school programs that
510 otherwise meet the criteria for exclusion from licensure may
511 provide snacks and meals through the federal Afterschool Meal
512 Program (AMP) administered by the Department of Health in
513 accordance with federal regulations and standards. The
514 Department of Health shall consider meals to be provided through
515 the AMP only if the program is actively participating in the
516 AMP, is in good standing with the department, and the meals meet
517 AMP requirements. Standards, at a minimum, shall allow for a
518 credentialed director to supervise multiple before-school and
519 after-school sites.
520 (7) SANITATION AND SAFETY.—
521 (a) Minimum standards shall include requirements for
522 sanitary and safety conditions, first aid treatment, emergency
523 procedures, and pediatric cardiopulmonary resuscitation. The
524 minimum standards shall require that at least one staff person
525 trained in cardiopulmonary resuscitation, as evidenced by
526 current documentation of course completion, must be present at
527 all times that children are present.
528 Section 12. Subsection (5) of section 402.315, Florida
529 Statutes, is amended to read:
530 402.315 Funding; license fees.—
531 (5) All moneys collected by the department for child care
532 licensing shall be held in a trust fund of the department to be
533 reallocated to the department during the following fiscal year
534 to fund child care licensing activities, including the Gold Seal
535 Quality Care program created pursuant to s. 1002.945 s. 402.281.
536 Section 13. Paragraph (a) of subsection (4) of section
537 402.56, Florida Statutes, is amended to read:
538 402.56 Children’s cabinet; organization; responsibilities;
539 annual report.—
540 (4) MEMBERS.—The cabinet shall consist of 16 members
541 including the Governor and the following persons:
542 (a)1. The Secretary of Children and Families;
543 2. The Secretary of Juvenile Justice;
544 3. The director of the Agency for Persons with
545 Disabilities;
546 4. A representative from the Division The director of the
547 Office of Early Learning;
548 5. The State Surgeon General;
549 6. The Secretary of Health Care Administration;
550 7. The Commissioner of Education;
551 8. The director of the Statewide Guardian Ad Litem Office;
552 9. A representative of the Office of Adoption and Child
553 Protection;
554 10. A superintendent of schools, appointed by the Governor;
555 and
556 11. Five members who represent children and youth advocacy
557 organizations and who are not service providers, appointed by
558 the Governor.
559 Section 14. Paragraph (e) of subsection (2) of section
560 411.226, Florida Statutes, is amended to read:
561 411.226 Learning Gateway.—
562 (2) LEARNING GATEWAY STEERING COMMITTEE.—
563 (e) To support and facilitate system improvements, the
564 steering committee must consult with representatives from the
565 Department of Education, the Department of Health, the Office of
566 Early Learning, the Department of Children and Families, the
567 Agency for Health Care Administration, the Department of
568 Juvenile Justice, and the Department of Corrections and with the
569 director of the Learning Development and Evaluation Center of
570 Florida Agricultural and Mechanical University.
571 Section 15. Paragraph (d) of subsection (1), paragraph (a)
572 of subsection (2), and paragraph (c) of subsection (3) of
573 section 411.227, Florida Statutes, are amended to read:
574 411.227 Components of the Learning Gateway.—The Learning
575 Gateway system consists of the following components:
576 (1) COMMUNITY EDUCATION STRATEGIES AND FAMILY-ORIENTED
577 ACCESS.—
578 (d) In collaboration with other local resources, the
579 demonstration projects shall develop public awareness strategies
580 to disseminate information about developmental milestones,
581 precursors of learning problems and other developmental delays,
582 and the service system that is available. The information should
583 target parents of children from birth through age 9 and should
584 be distributed to parents, health care providers, and caregivers
585 of children from birth through age 9. A variety of media should
586 be used as appropriate, such as print, television, radio, and a
587 community-based Internet website, as well as opportunities such
588 as those presented by parent visits to physicians for well-child
589 checkups. The Learning Gateway Steering Committee shall provide
590 technical assistance to the local demonstration projects in
591 developing and distributing educational materials and
592 information.
593 1. Public awareness strategies targeting parents of
594 children from birth through age 5 shall be designed to provide
595 information to public and private preschool programs, child care
596 providers, pediatricians, parents, and local businesses and
597 organizations. These strategies should include information on
598 the school readiness performance standards adopted by the
599 Department of Education Office of Early Learning.
600 2. Public awareness strategies targeting parents of
601 children from ages 6 through 9 must be designed to disseminate
602 training materials and brochures to parents and public and
603 private school personnel, and must be coordinated with the local
604 school board and the appropriate school advisory committees in
605 the demonstration projects. The materials should contain
606 information on state and district proficiency levels for grades
607 K-3.
608 (2) SCREENING AND DEVELOPMENTAL MONITORING.—
609 (a) In coordination with the Office of Early Learning, the
610 Department of Education, and the Florida Pediatric Society, and
611 using information learned from the local demonstration projects,
612 the Learning Gateway Steering Committee shall establish
613 guidelines for screening children from birth through age 9. The
614 guidelines should incorporate recent research on the indicators
615 most likely to predict early learning problems, mild
616 developmental delays, child-specific precursors of school
617 failure, and other related developmental indicators in the
618 domains of cognition; communication; attention; perception;
619 behavior; and social, emotional, sensory, and motor functioning.
620 (3) EARLY EDUCATION, SERVICES AND SUPPORTS.—
621 (c) The steering committee, in cooperation with the
622 Department of Children and Families and, the Department of
623 Education, and the Office of Early Learning, shall identify the
624 elements of an effective research-based curriculum for early
625 care and education programs.
626 Section 16. Subsection (1) of section 414.295, Florida
627 Statutes, is amended to read:
628 414.295 Temporary cash assistance programs; public records
629 exemption.—
630 (1) Personal identifying information of a temporary cash
631 assistance program participant, a participant’s family, or a
632 participant’s family or household member, except for information
633 identifying a parent who does not live in the same home as the
634 child, which is held by the department, the Office of Early
635 Learning, CareerSource Florida, Inc., the Department of Health,
636 the Department of Revenue, the Department of Education, or a
637 local workforce development board or local committee created
638 pursuant to s. 445.007 is confidential and exempt from s.
639 119.07(1) and s. 24(a), Art. I of the State Constitution. Such
640 confidential and exempt information may be released for purposes
641 directly connected with:
642 (a) The administration of the temporary assistance for
643 needy families plan under Title IV-A of the Social Security Act,
644 as amended, by the department, the Office of Early Learning,
645 CareerSource Florida, Inc., the Department of Military Affairs,
646 the Department of Health, the Department of Revenue, the
647 Department of Education, a local workforce development board or
648 local committee created pursuant to s. 445.007, or a school
649 district.
650 (b) The administration of the state’s plan or program
651 approved under Title IV-B, Title IV-D, or Title IV-E of the
652 Social Security Act, as amended, or under Title I, Title X,
653 Title XIV, Title XVI, Title XIX, Title XX, or Title XXI of the
654 Social Security Act, as amended.
655 (c) An investigation, prosecution, or criminal, civil, or
656 administrative proceeding conducted in connection with the
657 administration of any of the plans or programs specified in
658 paragraph (a) or paragraph (b) by a federal, state, or local
659 governmental entity, upon request by that entity, if such
660 request is made pursuant to the proper exercise of that entity’s
661 duties and responsibilities.
662 (d) The administration of any other state, federal, or
663 federally assisted program that provides assistance or services
664 on the basis of need, in cash or in kind, directly to a
665 participant.
666 (e) An audit or similar activity, such as a review of
667 expenditure reports or financial review, conducted in connection
668 with the administration of plans or programs specified in
669 paragraph (a) or paragraph (b) by a governmental entity
670 authorized by law to conduct such audit or activity.
671 (f) The administration of the reemployment assistance
672 program.
673 (g) The reporting to the appropriate agency or official of
674 information about known or suspected instances of physical or
675 mental injury, sexual abuse or exploitation, or negligent
676 treatment or maltreatment of a child or elderly person receiving
677 assistance, if circumstances indicate that the health or welfare
678 of the child or elderly person is threatened.
679 (h) The administration of services to elderly persons under
680 ss. 430.601-430.606.
681 Section 17. Section 1000.01, Florida Statutes, is amended
682 to read:
683 1000.01 The Florida Early Learning-20 K-20 education
684 system; technical provisions.—
685 (1) NAME.—Chapters 1000 through 1013 shall be known and
686 cited as the “Florida Early Learning-20 K-20 Education Code.”
687 (2) LIBERAL CONSTRUCTION.—The provisions of the Florida
688 Early Learning-20 K-20 Education Code shall be liberally
689 construed to the end that its objectives may be effected. It is
690 the legislative intent that if any section, subsection,
691 sentence, clause, or provision of the Florida Early Learning-20
692 K-20 Education Code is held invalid, the remainder of the code
693 shall not be affected.
694 (3) PURPOSE.—The purpose of the Florida Early Learning-20
695 K-20 Education Code is to provide by law for a state system of
696 schools, courses, classes, and educational institutions and
697 services adequate to allow, for all Florida’s students, the
698 opportunity to obtain a high quality education. The Florida
699 Early Learning-20 K-20 education system is established to
700 accomplish this purpose; however, nothing in this code shall be
701 construed to require the provision of free public education
702 beyond grade 12.
703 (4) UNIFORM SYSTEM OF PUBLIC K-12 SCHOOLS INCLUDED.—As
704 required by s. 1, Art. IX of the State Constitution, the Florida
705 Early Learning-20 K-20 education system shall include the
706 uniform system of free public K-12 schools. These public K-12
707 schools shall provide 13 consecutive years of instruction,
708 beginning with kindergarten, and shall also provide such
709 instruction for students with disabilities, gifted students,
710 limited English proficient students, and students in Department
711 of Juvenile Justice programs as may be required by law. The
712 funds for support and maintenance of the uniform system of free
713 public K-12 schools shall be derived from state, district,
714 federal, and other lawful sources or combinations of sources,
715 including any fees charged nonresidents as provided by law.
716 Section 18. Subsection (2) of section 1000.02, Florida
717 Statutes, is amended to read:
718 1000.02 Policy and guiding principles for the Florida K-20
719 education system.—
720 (2) The guiding principles for Florida’s Early Learning-20
721 K-20 education system are:
722 (a) A coordinated, seamless system for kindergarten through
723 graduate school education.
724 (b) A system that is student-centered in every facet.
725 (c) A system that maximizes education access and allows the
726 opportunity for a high quality education for all Floridians.
727 (d) A system that safeguards equity and supports academic
728 excellence.
729 (e) A system that provides for local operational
730 flexibility while promoting accountability for student
731 achievement and improvement.
732 Section 19. Section 1000.03, Florida Statutes, is amended
733 to read:
734 1000.03 Function, mission, and goals of the Florida Early
735 Learning-20 K-20 education system.—
736 (1) Florida’s Early Learning-20 K-20 education system shall
737 be a decentralized system without excess layers of bureaucracy.
738 Florida’s Early Learning-20 K-20 education system shall maintain
739 a systemwide technology plan based on a common set of data
740 definitions.
741 (2)(a) The Legislature shall establish education policy,
742 enact education laws, and appropriate and allocate education
743 resources.
744 (b) With the exception of matters relating to the State
745 University System, the State Board of Education shall oversee
746 the enforcement of all laws and rules, and the timely provision
747 of direction, resources, assistance, intervention when needed,
748 and strong incentives and disincentives to force accountability
749 for results.
750 (c) The Board of Governors shall oversee the enforcement of
751 all state university laws and rules and regulations and the
752 timely provision of direction, resources, assistance,
753 intervention when needed, and strong incentives and
754 disincentives to force accountability for results.
755 (3) Public education is a cooperative function of the state
756 and local educational authorities. The state retains
757 responsibility for establishing a system of public education
758 through laws, standards, and rules to assure efficient operation
759 of an Early Learning-20 a K-20 system of public education and
760 adequate educational opportunities for all individuals. Local
761 educational authorities have a duty to fully and faithfully
762 comply with state laws, standards, and rules and to efficiently
763 use the resources available to them to assist the state in
764 allowing adequate educational opportunities.
765 (4) The mission of Florida’s Early Learning-20 K-20
766 education system is to allow its students to increase their
767 proficiency by allowing them the opportunity to expand their
768 knowledge and skills through rigorous and relevant learning
769 opportunities, in accordance with the mission statement and
770 accountability requirements of s. 1008.31.
771 (5) The priorities of Florida’s Early Learning-20 K-20
772 education system include:
773 (a) Learning and completion at all levels, including
774 increased high school graduation rate and readiness for
775 postsecondary education without remediation.—All students
776 demonstrate increased learning and completion at all levels,
777 graduate from high school, and are prepared to enter
778 postsecondary education without remediation.
779 (b) Student performance.—Students demonstrate that they
780 meet the expected academic standards consistently at all levels
781 of their education.
782 (c) Civic literacy.—Students are prepared to become
783 civically engaged and knowledgeable adults who make positive
784 contributions to their communities.
785 (d) Alignment of standards and resources.—Academic
786 standards for every level of the Early Learning-20 K-20
787 education system are aligned, and education financial resources
788 are aligned with student performance expectations at each level
789 of the Early Learning-20 K-20 education system.
790 (e) Educational leadership.—The quality of educational
791 leadership at all levels of Early Learning-20 K-20 education is
792 improved.
793 (f) Workforce education.—Workforce education is
794 appropriately aligned with the skills required by the new global
795 economy.
796 (g) Parental, student, family, educational institution, and
797 community involvement.—Parents, students, families, educational
798 institutions, and communities are collaborative partners in
799 education, and each plays an important role in the success of
800 individual students. Therefore, the State of Florida cannot be
801 the guarantor of each individual student’s success. The goals of
802 Florida’s Early Learning-20 K-20 education system are not
803 guarantees that each individual student will succeed or that
804 each individual school will perform at the level indicated in
805 the goals.
806 (h) Comprehensive K-20 career and education planning.—It is
807 essential that Florida’s Early Learning-20 K-20 education system
808 better prepare all students at every level for the transition
809 from school to postsecondary education or work by providing
810 information regarding:
811 1. Career opportunities, educational requirements
812 associated with each career, educational institutions that
813 prepare students to enter each career, and student financial aid
814 available to pursue postsecondary instruction required to enter
815 each career.
816 2. How to make informed decisions about the program of
817 study that best addresses the students’ interests and abilities
818 while preparing them to enter postsecondary education or the
819 workforce.
820 3. Recommended coursework and programs that prepare
821 students for success in their areas of interest and ability.
822
823 This information shall be provided to students and parents
824 through websites, handbooks, manuals, or other regularly
825 provided communications.
826 Section 20. Section 1000.04, Florida Statutes, is amended
827 to read:
828 1000.04 Components for the delivery of public education
829 within the Florida Early Learning-20 K-20 education system.
830 Florida’s Early Learning-20 K-20 education system provides for
831 the delivery of early learning and public education through
832 publicly supported and controlled K-12 schools, Florida College
833 System institutions, state universities and other postsecondary
834 educational institutions, other educational institutions, and
835 other educational services as provided or authorized by the
836 Constitution and laws of the state.
837 (1) EARLY LEARNING.—Early learning includes the Voluntary
838 Prekindergarten Education Program and the school readiness
839 program.
840 (2)(1) PUBLIC K-12 SCHOOLS.—The public K-12 schools include
841 charter schools and consist of kindergarten classes; elementary,
842 middle, and high school grades and special classes; virtual
843 instruction programs; workforce education; career centers;
844 adult, part-time, and evening schools, courses, or classes, as
845 authorized by law to be operated under the control of district
846 school boards; and lab schools operated under the control of
847 state universities.
848 (3)(2) PUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS.
849 Public postsecondary educational institutions include workforce
850 education; Florida College System institutions; state
851 universities; and all other state-supported postsecondary
852 educational institutions that are authorized and established by
853 law.
854 (4)(3) FLORIDA SCHOOL FOR THE DEAF AND THE BLIND.—The
855 Florida School for the Deaf and the Blind is a component of the
856 delivery of public education within Florida’s Early Learning-20
857 K-20 education system.
858 (5)(4) THE FLORIDA VIRTUAL SCHOOL.—The Florida Virtual
859 School is a component of the delivery of public education within
860 Florida’s Early Learning-20 K-20 education system.
861 Section 21. Section 1000.21, Florida Statutes, is amended
862 to read:
863 1000.21 Systemwide definitions.—As used in the Florida
864 Early Learning-20 K-20 Education Code:
865 (1) “Articulation” is the systematic coordination that
866 provides the means by which students proceed toward their
867 educational objectives in as rapid and student-friendly manner
868 as their circumstances permit, from grade level to grade level,
869 from elementary to middle to high school, to and through
870 postsecondary education, and when transferring from one
871 educational institution or program to another.
872 (2) “Commissioner” is the Commissioner of Education.
873 (3) “Florida College System institution” except as
874 otherwise specifically provided, includes all of the following
875 public postsecondary educational institutions in the Florida
876 College System and any branch campuses, centers, or other
877 affiliates of the institution:
878 (a) Eastern Florida State College, which serves Brevard
879 County.
880 (b) Broward College, which serves Broward County.
881 (c) College of Central Florida, which serves Citrus, Levy,
882 and Marion Counties.
883 (d) Chipola College, which serves Calhoun, Holmes, Jackson,
884 Liberty, and Washington Counties.
885 (e) Daytona State College, which serves Flagler and Volusia
886 Counties.
887 (f) Florida SouthWestern State College, which serves
888 Charlotte, Collier, Glades, Hendry, and Lee Counties.
889 (g) Florida State College at Jacksonville, which serves
890 Duval and Nassau Counties.
891 (h) The College of the Florida Keys, which serves Monroe
892 County.
893 (i) Gulf Coast State College, which serves Bay, Franklin,
894 and Gulf Counties.
895 (j) Hillsborough Community College, which serves
896 Hillsborough County.
897 (k) Indian River State College, which serves Indian River,
898 Martin, Okeechobee, and St. Lucie Counties.
899 (l) Florida Gateway College, which serves Baker, Columbia,
900 Dixie, Gilchrist, and Union Counties.
901 (m) Lake-Sumter State College, which serves Lake and Sumter
902 Counties.
903 (n) State College of Florida, Manatee-Sarasota, which
904 serves Manatee and Sarasota Counties.
905 (o) Miami Dade College, which serves Miami-Dade County.
906 (p) North Florida College, which serves Hamilton,
907 Jefferson, Lafayette, Madison, Suwannee, and Taylor Counties.
908 (q) Northwest Florida State College, which serves Okaloosa
909 and Walton Counties.
910 (r) Palm Beach State College, which serves Palm Beach
911 County.
912 (s) Pasco-Hernando State College, which serves Hernando and
913 Pasco Counties.
914 (t) Pensacola State College, which serves Escambia and
915 Santa Rosa Counties.
916 (u) Polk State College, which serves Polk County.
917 (v) St. Johns River State College, which serves Clay,
918 Putnam, and St. Johns Counties.
919 (w) St. Petersburg College, which serves Pinellas County.
920 (x) Santa Fe College, which serves Alachua and Bradford
921 Counties.
922 (y) Seminole State College of Florida, which serves
923 Seminole County.
924 (z) South Florida State College, which serves DeSoto,
925 Hardee, and Highlands Counties.
926 (aa) Tallahassee Community College, which serves Gadsden,
927 Leon, and Wakulla Counties.
928 (bb) Valencia College, which serves Orange and Osceola
929 Counties.
930 (4) “Department” is the Department of Education.
931 (5) “Parent” is either or both parents of a student, any
932 guardian of a student, any person in a parental relationship to
933 a student, or any person exercising supervisory authority over a
934 student in place of the parent.
935 (6) “State university,” except as otherwise specifically
936 provided, includes the following institutions and any branch
937 campuses, centers, or other affiliates of the institution:
938 (a) The University of Florida.
939 (b) The Florida State University.
940 (c) The Florida Agricultural and Mechanical University.
941 (d) The University of South Florida.
942 (e) The Florida Atlantic University.
943 (f) The University of West Florida.
944 (g) The University of Central Florida.
945 (h) The University of North Florida.
946 (i) The Florida International University.
947 (j) The Florida Gulf Coast University.
948 (k) New College of Florida.
949 (l) The Florida Polytechnic University.
950 (7) “Next Generation Sunshine State Standards” means the
951 state’s public K-12 curricular standards adopted under s.
952 1003.41.
953 (8) “Board of Governors” is the Board of Governors of the
954 State University System.
955 Section 22. Subsection (1) and paragraphs (e) and (s) of
956 subsection (2) of section 1001.02, Florida Statutes, are amended
957 to read:
958 1001.02 General powers of State Board of Education.—
959 (1) The State Board of Education is the chief implementing
960 and coordinating body of public education in Florida except for
961 the State University System, and it shall focus on high-level
962 policy decisions. It has authority to adopt rules pursuant to
963 ss. 120.536(1) and 120.54 to implement the provisions of law
964 conferring duties upon it for the improvement of the state
965 system of Early Learning-20 K-20 public education except for the
966 State University System. Except as otherwise provided herein, it
967 may, as it finds appropriate, delegate its general powers to the
968 Commissioner of Education or the directors of the divisions of
969 the department.
970 (2) The State Board of Education has the following duties:
971 (e) To adopt and submit to the Governor and Legislature, as
972 provided in s. 216.023, a coordinated Early Learning-20 K-20
973 education budget that estimates the expenditure requirements for
974 the Board of Governors, as provided in s. 1001.706, the State
975 Board of Education, including the Department of Education and
976 the Commissioner of Education, and all of the boards,
977 institutions, agencies, and services under the general
978 supervision of the Board of Governors, as provided in s.
979 1001.706, or the State Board of Education for the ensuing fiscal
980 year. The State Board of Education may not amend the budget
981 request submitted by the Board of Governors. Any program
982 recommended by the Board of Governors or the State Board of
983 Education which will require increases in state funding for more
984 than 1 year must be presented in a multiyear budget plan.
985 (s) To establish a detailed procedure for the
986 implementation and operation of a systemwide K-20 technology
987 plan that is based on a common set of data definitions.
988 Section 23. Subsections (8) and (9) of section 1001.03,
989 Florida Statutes, are amended to read:
990 1001.03 Specific powers of State Board of Education.—
991 (8) SYSTEMWIDE ENFORCEMENT.—The State Board of Education
992 shall enforce compliance with law and state board rule by all
993 school districts, early learning coalitions, and public
994 postsecondary educational institutions, except for the State
995 University System, in accordance with the provisions of s.
996 1008.32.
997 (9) MANAGEMENT INFORMATION DATABASES.—The State Board of
998 Education, in conjunction with the Board of Governors regarding
999 the State University System, shall continue to collect and
1000 maintain, at a minimum, the management information databases for
1001 state universities, and all other components of the public Early
1002 Learning-20 K-20 education system as such databases existed on
1003 June 30, 2002.
1004 Section 24. Subsection (1), paragraphs (g), (k), and (l) of
1005 subsection (6), and subsection (8) of section 1001.10, Florida
1006 Statutes, are amended to read:
1007 1001.10 Commissioner of Education; general powers and
1008 duties.—
1009 (1) The Commissioner of Education is the chief educational
1010 officer of the state and the sole custodian of the Educational
1011 K-20 data warehouse, and is responsible for giving full
1012 assistance to the State Board of Education in enforcing
1013 compliance with the mission and goals of the Early Learning K-20
1014 education system, except for the State University System.
1015 (6) Additionally, the commissioner has the following
1016 general powers and duties:
1017 (g) To submit to the State Board of Education, on or before
1018 October 1 of each year, recommendations for a coordinated Early
1019 Learning-20 K-20 education budget that estimates the
1020 expenditures for the Board of Governors, the State Board of
1021 Education, including the Department of Education and the
1022 Commissioner of Education, and all of the boards, institutions,
1023 agencies, and services under the general supervision of the
1024 Board of Governors or the State Board of Education for the
1025 ensuing fiscal year. Any program recommended to the State Board
1026 of Education that will require increases in state funding for
1027 more than 1 year must be presented in a multiyear budget plan.
1028 (k) To prepare, publish, and disseminate user-friendly
1029 materials relating to the state’s education system, including
1030 the state’s K-12 scholarship programs, the school readiness
1031 program, and the Voluntary Prekindergarten Education Program.
1032 (l) To prepare and publish annually reports giving
1033 statistics and other useful information pertaining to the
1034 state’s K-12 scholarship programs, the school readiness program,
1035 and the Voluntary Prekindergarten Education Program.
1036 (8) In the event of an emergency situation, the
1037 commissioner may coordinate through the most appropriate means
1038 of communication with early learning coalitions, local school
1039 districts, Florida College System institutions, and satellite
1040 offices of the Division of Blind Services and the Division of
1041 Vocational Rehabilitation to assess the need for resources and
1042 assistance to enable each school, institution, or satellite
1043 office the ability to reopen as soon as possible after
1044 considering the health, safety, and welfare of students and
1045 clients.
1046 Section 25. Paragraph (b) of subsection (1) and subsection
1047 (4) of section 1001.11, Florida Statutes, are amended to read:
1048 1001.11 Commissioner of Education; other duties.—
1049 (1) The Commissioner of Education must independently
1050 perform the following duties:
1051 (b) Serve as the primary source of information to the
1052 Legislature, including the President of the Senate and the
1053 Speaker of the House of Representatives, concerning the State
1054 Board of Education, the Early Learning-20 K-20 education system,
1055 and early learning programs.
1056 (4) The commissioner shall develop and implement an
1057 integrated Early Learning-20 K-20 information system for
1058 educational management in accordance with the requirements of
1059 chapter 1008.
1060 Section 26. Section 1001.213, Florida Statutes, is
1061 repealed.
1062 Section 27. Subsection (7) of section 1001.215, Florida
1063 Statutes, is amended to read:
1064 1001.215 Just Read, Florida! Office.—There is created in
1065 the Department of Education the Just Read, Florida! Office. The
1066 office is fully accountable to the Commissioner of Education and
1067 shall:
1068 (7) Review, evaluate, and provide technical assistance to
1069 school districts’ implementation of the K-12 comprehensive
1070 reading plan required in s. 1011.62(9).
1071 Section 28. Subsection (1) of section 1001.23, Florida
1072 Statutes, is amended to read:
1073 1001.23 Specific powers and duties of the Department of
1074 Education.—In addition to all other duties assigned to it by law
1075 or by rule of the State Board of Education, the department
1076 shall:
1077 (1) Adopt the statewide kindergarten screening in
1078 accordance with s. 1002.69.
1079 Section 29. Subsection (3) of section 1001.70, Florida
1080 Statutes, is amended to read:
1081 1001.70 Board of Governors of the State University System.—
1082 (3) The Board of Governors, in exercising its authority
1083 under the State Constitution and statutes, shall exercise its
1084 authority in a manner that supports, promotes, and enhances an
1085 Early Learning-20 a K-20 education system that provides
1086 affordable access to postsecondary educational opportunities for
1087 residents of the state to the extent authorized by the State
1088 Constitution and state law.
1089 Section 30. Subsection (3) of section 1002.32, Florida
1090 Statutes, is amended to read:
1091 1002.32 Developmental research (laboratory) schools.—
1092 (3) MISSION.—The mission of a lab school shall be the
1093 provision of a vehicle for the conduct of research,
1094 demonstration, and evaluation regarding management, teaching,
1095 and learning. Programs to achieve the mission of a lab school
1096 shall embody the goals and standards established pursuant to ss.
1097 1000.03(5) and 1001.23(1) 1001.23(2) and shall ensure an
1098 appropriate education for its students.
1099 (a) Each lab school shall emphasize mathematics, science,
1100 computer science, and foreign languages. The primary goal of a
1101 lab school is to enhance instruction and research in such
1102 specialized subjects by using the resources available on a state
1103 university campus, while also providing an education in
1104 nonspecialized subjects. Each lab school shall provide
1105 sequential elementary and secondary instruction where
1106 appropriate. A lab school may not provide instruction at grade
1107 levels higher than grade 12 without authorization from the State
1108 Board of Education. Each lab school shall develop and implement
1109 a school improvement plan pursuant to s. 1003.02(3).
1110 (b) Research, demonstration, and evaluation conducted at a
1111 lab school may be generated by the college of education and
1112 other colleges within the university with which the school is
1113 affiliated.
1114 (c) Research, demonstration, and evaluation conducted at a
1115 lab school may be generated by the State Board of Education.
1116 Such research shall respond to the needs of the education
1117 community at large, rather than the specific needs of the
1118 affiliated college.
1119 (d) Research, demonstration, and evaluation conducted at a
1120 lab school may consist of pilot projects to be generated by the
1121 affiliated college, the State Board of Education, or the
1122 Legislature.
1123 (e) The exceptional education programs offered at a lab
1124 school shall be determined by the research and evaluation goals
1125 and the availability of students for efficiently sized programs.
1126 The fact that a lab school offers an exceptional education
1127 program in no way lessens the general responsibility of the
1128 local school district to provide exceptional education programs.
1129 (10) EXCEPTIONS TO LAW.—To encourage innovative practices
1130 and facilitate the mission of the lab schools, in addition to
1131 the exceptions to law specified in s. 1001.23(1) s. 1001.23(2),
1132 the following exceptions shall be permitted for lab schools:
1133 (a) The methods and requirements of the following statutes
1134 shall be held in abeyance: ss. 316.75; 1001.30; 1001.31;
1135 1001.32; 1001.33; 1001.34; 1001.35; 1001.36; 1001.361; 1001.362;
1136 1001.363; 1001.37; 1001.371; 1001.372; 1001.38; 1001.39;
1137 1001.395; 1001.40; 1001.41; 1001.44; 1001.453; 1001.46;
1138 1001.461; 1001.462; 1001.463; 1001.464; 1001.47; 1001.48;
1139 1001.49; 1001.50; 1001.51; 1006.12(2); 1006.21(3), (4); 1006.23;
1140 1010.07(2); 1010.40; 1010.41; 1010.42; 1010.43; 1010.44;
1141 1010.45; 1010.46; 1010.47; 1010.48; 1010.49; 1010.50; 1010.51;
1142 1010.52; 1010.53; 1010.54; 1010.55; 1011.02(1)-(3), (5);
1143 1011.04; 1011.20; 1011.21; 1011.22; 1011.23; 1011.71; 1011.72;
1144 1011.73; and 1011.74.
1145 (b) With the exception of s. 1001.42(18), s. 1001.42 shall
1146 be held in abeyance. Reference to district school boards in s.
1147 1001.42(18) shall mean the president of the university or the
1148 president’s designee.
1149 Section 31. Paragraph (b) of subsection (10) of section
1150 1002.34, Florida Statutes, is amended to read:
1151 1002.34 Charter technical career centers.—
1152 (10) EXEMPTION FROM STATUTES.—
1153 (b) A center must comply with the Florida Early Learning-20
1154 K-20 Education Code with respect to providing services to
1155 students with disabilities.
1156 Section 32. Subsection (1) of section 1002.36, Florida
1157 Statutes, is amended to read:
1158 1002.36 Florida School for the Deaf and the Blind.—
1159 (1) RESPONSIBILITIES.—The Florida School for the Deaf and
1160 the Blind, located in St. Johns County, is a state-supported
1161 residential public school for hearing-impaired and visually
1162 impaired students in preschool through 12th grade. The school is
1163 a component of the delivery of public education within Florida’s
1164 Early Learning-20 K-20 education system and shall be funded
1165 through the Department of Education. The school shall provide
1166 educational programs and support services appropriate to meet
1167 the education and related evaluation and counseling needs of
1168 hearing-impaired and visually impaired students in the state who
1169 meet enrollment criteria. Unless otherwise provided by law, the
1170 school shall comply with all laws and rules applicable to state
1171 agencies. Education services may be provided on an outreach
1172 basis for sensory-impaired children ages 0 through 5 years and
1173 to district school boards upon request. Graduates of the Florida
1174 School for the Deaf and the Blind shall be eligible for the
1175 William L. Boyd, IV, Effective Access to Student Education Grant
1176 Program as provided in s. 1009.89.
1177 Section 33. Paragraph (b) of subsection (4) and subsection
1178 (5) of section 1002.53, Florida Statutes, are amended, and
1179 paragraph (d) is added to subsection (6), to read:
1180 1002.53 Voluntary Prekindergarten Education Program;
1181 eligibility and enrollment.—
1182 (4)
1183 (b) The application must be submitted on forms prescribed
1184 by the department Office of Early Learning and must be
1185 accompanied by a certified copy of the child’s birth
1186 certificate. The forms must include a certification, in
1187 substantially the form provided in s. 1002.71(6)(b)2., that the
1188 parent chooses the private prekindergarten provider or public
1189 school in accordance with this section and directs that payments
1190 for the program be made to the provider or school. The
1191 department Office of Early Learning may authorize alternative
1192 methods for submitting proof of the child’s age in lieu of a
1193 certified copy of the child’s birth certificate.
1194 (5) The early learning coalition shall provide each parent
1195 enrolling a child in the Voluntary Prekindergarten Education
1196 Program with a profile of every private prekindergarten provider
1197 and public school delivering the program within the county where
1198 the child is being enrolled. The profiles shall be provided to
1199 parents in a format prescribed by the department Office of Early
1200 Learning. The profiles must include, at a minimum, the following
1201 information about each provider and school:
1202 (a) The provider’s or school’s services, curriculum,
1203 instructor credentials, and instructor-to-student ratio; and
1204 (b) The provider’s or school’s kindergarten readiness rate
1205 calculated in accordance with s. 1002.69, based upon the most
1206 recent available results of the statewide kindergarten screening
1207 or, when available, the performance metric in accordance with s.
1208 1002.68.
1209 (6)
1210 (d) Each parent who enrolls his or her child in the
1211 Voluntary Prekindergarten Education Program must allow his or
1212 her child to participate in the coordinated screening and
1213 progress-monitoring program under s. 1008.2125.
1214 Section 34. Paragraphs (a), (b), (c), (e), (g), (h), (i),
1215 (j), and (l) of subsection (3), subsection (4), and paragraph
1216 (b) of subsection (5) of section 1002.55, Florida Statutes, are
1217 amended, and subsection (6) is added to that section, to read:
1218 1002.55 School-year prekindergarten program delivered by
1219 private prekindergarten providers.—
1220 (3) To be eligible to deliver the prekindergarten program,
1221 a private prekindergarten provider must meet each of the
1222 following requirements:
1223 (a) The private prekindergarten provider must be a child
1224 care facility licensed under s. 402.305, family day care home
1225 licensed under s. 402.313, large family child care home licensed
1226 under s. 402.3131, nonpublic school exempt from licensure under
1227 s. 402.3025(2), or faith-based child care provider exempt from
1228 licensure under s. 402.316, child development program that is
1229 operating on a military installation that is certified by the
1230 United States Department of Defense and accredited by a national
1231 accrediting body, or a private prekindergarten provider who has
1232 been issued a provisional license pursuant to s. 402.309. A
1233 private prekindergarten provider may not deliver the program
1234 while its license has been converted to a probation-status
1235 license pursuant to s. 402.310.
1236 (b) The private prekindergarten provider must:
1237 1. Be accredited by an accrediting association that is a
1238 member of the National Council for Private School Accreditation,
1239 or the Florida Association of Academic Nonpublic Schools, or be
1240 accredited by the Southern Association of Colleges and Schools,
1241 or Western Association of Colleges and Schools, or North Central
1242 Association of Colleges and Schools, or Middle States
1243 Association of Colleges and Schools, or New England Association
1244 of Colleges and Schools; and have written accreditation
1245 standards that meet or exceed the state’s licensing requirements
1246 under s. 402.305, s. 402.313, or s. 402.3131 and require at
1247 least one onsite visit to the provider or school before
1248 accreditation is granted;
1249 2. Hold a current Gold Seal Quality Care designation under
1250 s. 1002.945 s. 402.281; or
1251 3. Be licensed under s. 402.305, s. 402.313, or s. 402.3131
1252 and demonstrate, before delivering the Voluntary Prekindergarten
1253 Education Program, as verified by the early learning coalition,
1254 that the provider meets each of the requirements of the program
1255 under this part, including, but not limited to, the requirements
1256 for credentials and background screenings of prekindergarten
1257 instructors under paragraphs (c) and (d), minimum and maximum
1258 class sizes under paragraph (f), prekindergarten director
1259 credentials under paragraph (g), and a developmentally
1260 appropriate curriculum under s. 1002.67(2)(b).
1261 (c) The private prekindergarten provider must have, for
1262 each prekindergarten class of 11 children or fewer, at least one
1263 prekindergarten instructor who meets each of the following
1264 requirements:
1265 1. The prekindergarten instructor must hold, at a minimum,
1266 one of the following credentials:
1267 a. A child development associate credential issued by the
1268 National Credentialing Program of the Council for Professional
1269 Recognition; or
1270 b. A credential approved by the Department of Children and
1271 Families as being equivalent to or greater than the credential
1272 described in sub-subparagraph a.
1273
1274 The Department of Children and Families may adopt rules under
1275 ss. 120.536(1) and 120.54 which provide criteria and procedures
1276 for approving equivalent credentials under sub-subparagraph b.
1277 2. The prekindergarten instructor must successfully
1278 complete at least three an emergent literacy training courses
1279 course and a student performance standards training course
1280 approved by the department office as meeting or exceeding the
1281 minimum standards adopted under s. 1002.59. The requirement for
1282 completion of the standards training course shall take effect
1283 July 1, 2021 2014, and the course shall be free or at a low cost
1284 and available online or in person.
1285 (e) A private prekindergarten provider may assign a
1286 substitute instructor to temporarily replace a credentialed
1287 instructor if the credentialed instructor assigned to a
1288 prekindergarten class is absent, as long as the substitute
1289 instructor is of good moral character and has been screened
1290 before employment in accordance with level 2 background
1291 screening requirements in chapter 435. The department Office of
1292 Early Learning shall adopt rules to implement this paragraph
1293 which shall include required qualifications of substitute
1294 instructors and the circumstances and time limits for which a
1295 private prekindergarten provider may assign a substitute
1296 instructor.
1297 (g) The private prekindergarten provider must have a
1298 prekindergarten director who has a prekindergarten director
1299 credential that is approved by the department office as meeting
1300 or exceeding the minimum standards adopted under s. 1002.57.
1301 Successful completion of a child care facility director
1302 credential under s. 402.305(2)(g) before the establishment of
1303 the prekindergarten director credential under s. 1002.57 or July
1304 1, 2006, whichever occurs later, satisfies the requirement for a
1305 prekindergarten director credential under this paragraph.
1306 (h) The private prekindergarten provider must register with
1307 the early learning coalition on forms prescribed by the
1308 department Office of Early Learning.
1309 (i) The private prekindergarten provider must execute the
1310 statewide provider contract prescribed under s. 1002.73 s.
1311 1002.75, except that an individual who owns or operates multiple
1312 private prekindergarten providers within a coalition’s service
1313 area may execute a single agreement with the coalition on behalf
1314 of each provider.
1315 (j) The private prekindergarten provider must maintain
1316 general liability insurance and provide the coalition with
1317 written evidence of general liability insurance coverage,
1318 including coverage for transportation of children if
1319 prekindergarten students are transported by the provider. A
1320 provider must obtain and retain an insurance policy that
1321 provides a minimum of $100,000 of coverage per occurrence and a
1322 minimum of $300,000 general aggregate coverage. The department
1323 office may authorize lower limits upon request, as appropriate.
1324 A provider must add the coalition as a named certificateholder
1325 and as an additional insured. A provider must provide the
1326 coalition with a minimum of 10 calendar days’ advance written
1327 notice of cancellation of or changes to coverage. The general
1328 liability insurance required by this paragraph must remain in
1329 full force and effect for the entire period of the provider
1330 contract with the coalition.
1331 (l) Notwithstanding paragraph (j), for a private
1332 prekindergarten provider that is a state agency or a subdivision
1333 thereof, as defined in s. 768.28(2), the provider must agree to
1334 notify the coalition of any additional liability coverage
1335 maintained by the provider in addition to that otherwise
1336 established under s. 768.28. The provider shall indemnify the
1337 coalition to the extent permitted by s. 768.28. Notwithstanding
1338 paragraph (k), for a child development program operating on a
1339 military installation that is certified by the United States
1340 Department of Defense and accredited by a national accrediting
1341 body, the provider may demonstrate liability coverage by
1342 affirming that it is subject to the Tort Claims Act, 28 U.S.C.
1343 s. 2671 et seq.
1344 (4) A prekindergarten instructor, in lieu of the minimum
1345 credentials and courses required under paragraph (3)(c), may
1346 hold one of the following educational credentials:
1347 (a) A bachelor’s or higher degree in early childhood
1348 education, prekindergarten or primary education, preschool
1349 education, or family and consumer science;
1350 (b) A bachelor’s or higher degree in elementary education,
1351 if the prekindergarten instructor has been certified to teach
1352 children any age from birth through 6th grade, regardless of
1353 whether the instructor’s educator certificate is current, and if
1354 the instructor is not ineligible to teach in a public school
1355 because his or her educator certificate is suspended or revoked;
1356 (c) An associate’s or higher degree in child development;
1357 (d) An associate’s or higher degree in an unrelated field,
1358 at least 6 credit hours in early childhood education or child
1359 development, and at least 480 hours of experience in teaching or
1360 providing child care services for children any age from birth
1361 through 8 years of age; or
1362 (e) An educational credential approved by the department as
1363 being equivalent to or greater than an educational credential
1364 described in this subsection. The department may adopt criteria
1365 and procedures for approving equivalent educational credentials
1366 under this paragraph.
1367 (5)
1368 (b) Notwithstanding any other provision of law, if a
1369 private prekindergarten provider has been cited for a Class I
1370 violation, as defined by rule by the Child Care Services Program
1371 Office of the Department of Children and Families, the coalition
1372 may refuse to contract with the provider.
1373 (6) Each early learning coalition must verify that each
1374 private prekindergarten provider delivering the Voluntary
1375 Prekindergarten Education Program within the coalition’s county
1376 or multicounty region complies with this part. If a private
1377 prekindergarten provider fails or refuses to comply with this
1378 part or if a provider engages in misconduct, the department
1379 shall require the early learning coalition to remove the
1380 provider from eligibility to deliver the program and receive
1381 state funds under this part for a period of at least 2 years but
1382 not more than 5 years.
1383 Section 35. Present paragraphs (b) and (c) of subsection
1384 (2) of section 1002.57, Florida Statutes, are redesignated as
1385 paragraphs (c) and (d), respectively, a new paragraph (b) is
1386 added to that subsection, and subsection (1) of that section is
1387 amended, to read:
1388 1002.57 Prekindergarten director credential.—
1389 (1) The department office, in consultation with the
1390 Department of Children and Families, shall adopt minimum
1391 standards for a credential for prekindergarten directors of
1392 private prekindergarten providers delivering the Voluntary
1393 Prekindergarten Education Program. The credential must encompass
1394 requirements for education and onsite experience.
1395 (2) The educational requirements must include training in
1396 the following:
1397 (a) Professionally accepted standards for prekindergarten
1398 programs, early learning, and strategies and techniques to
1399 address the age-appropriate progress of prekindergarten students
1400 in attaining the performance standards adopted by the department
1401 under s. 1002.67;
1402 (b) Implementation of curriculum and usage of student-level
1403 data to inform the delivery of instruction;
1404 (c)(b) Strategies that allow students with disabilities and
1405 other special needs to derive maximum benefit from the Voluntary
1406 Prekindergarten Education Program; and
1407 (d)(c) Program administration and operations, including
1408 management, organizational leadership, and financial and legal
1409 issues.
1410 Section 36. Section 1002.59, Florida Statutes, is amended
1411 to read:
1412 1002.59 Emergent literacy and performance standards
1413 training courses.—
1414 (1) The department office shall adopt minimum standards for
1415 one or more training courses in emergent literacy for
1416 prekindergarten instructors. Each course must comprise 5 clock
1417 hours and provide instruction in strategies and techniques to
1418 address the age-appropriate progress of prekindergarten students
1419 in developing emergent literacy skills, including oral
1420 communication, knowledge of print and letters, phonemic and
1421 phonological awareness, and vocabulary and comprehension
1422 development. Each course must also provide resources containing
1423 strategies that allow students with disabilities and other
1424 special needs to derive maximum benefit from the Voluntary
1425 Prekindergarten Education Program. Successful completion of an
1426 emergent literacy training course approved under this section
1427 satisfies requirements for approved training in early literacy
1428 and language development under ss. 402.305(2)(e)5., 402.313(6),
1429 and 402.3131(5).
1430 (2) The department office shall adopt minimum standards for
1431 one or more training courses on the performance standards
1432 adopted under s. 1002.67(1). Each course must consist of
1433 comprise at least 3 clock hours, provide instruction in
1434 strategies and techniques to address age-appropriate progress of
1435 each child in attaining the standards, and be available online.
1436 (3) The department shall make available online professional
1437 development and training courses consisting of at least 8 clock
1438 hours that support prekindergarten instructors in increasing the
1439 competency of teacher-child interactions.
1440 Section 37. Present subsections (6) through (8) of section
1441 1002.61, Florida Statutes, are redesignated as subsections (7)
1442 through (9), respectively, new subsections (6) and (10) are
1443 added to that section, and paragraph (b) of subsection (1),
1444 paragraph (b) of subsection (3), subsection (4), and present
1445 subsections (6) and (8) of that section are amended, to read:
1446 1002.61 Summer prekindergarten program delivered by public
1447 schools and private prekindergarten providers.—
1448 (1)
1449 (b) Each early learning coalition shall administer the
1450 Voluntary Prekindergarten Education Program at the county or
1451 regional level for students enrolled under s. 1002.53(3)(b) in a
1452 summer prekindergarten program delivered by a private
1453 prekindergarten provider. A child development program operating
1454 on a military installation that is certified by the United
1455 States Department of Defense and accredited by a national
1456 accrediting body may administer the summer prekindergarten
1457 program as a private prekindergarten provider.
1458 (3)
1459 (b) Each public school delivering the summer
1460 prekindergarten program must execute the statewide provider
1461 contract prescribed under s. 1002.73 s. 1002.75, except that the
1462 school district may execute a single agreement with the early
1463 learning coalition on behalf of all district schools.
1464 (4) Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4),
1465 each public school and private prekindergarten provider must
1466 have, for each prekindergarten class, at least one
1467 prekindergarten instructor who is a certified teacher or holds
1468 one of the educational credentials specified in s. 1002.55(4)(a)
1469 or (b). As used in this subsection, the term “certified teacher”
1470 means a teacher holding a valid Florida educator certificate
1471 under s. 1012.56 who has the qualifications required by the
1472 district school board to instruct students in the summer
1473 prekindergarten program. In selecting instructional staff for
1474 the summer prekindergarten program, each school district shall
1475 give priority to teachers who have experience or coursework in
1476 early childhood education and have completed emergent literacy
1477 and performance standards courses, as defined in s.
1478 1002.55(3)(c)2.
1479 (6) A child development program operating on a military
1480 installation that is certified by the United States Department
1481 of Defense and accredited by a national accrediting body shall
1482 comply with the requirements of a private prekindergarten
1483 provider in this section.
1484 (7)(6) A public school or private prekindergarten provider
1485 may assign a substitute instructor to temporarily replace a
1486 credentialed instructor if the credentialed instructor assigned
1487 to a prekindergarten class is absent, as long as the substitute
1488 instructor is of good moral character and has been screened
1489 before employment in accordance with level 2 background
1490 screening requirements in chapter 435. This subsection does not
1491 supersede employment requirements for instructional personnel in
1492 public schools which are more stringent than the requirements of
1493 this subsection. The department Office of Early Learning shall
1494 adopt rules to implement this subsection which shall include
1495 required qualifications of substitute instructors and the
1496 circumstances and time limits for which a public school or
1497 private prekindergarten provider may assign a substitute
1498 instructor.
1499 (9)(8) Each public school delivering the summer
1500 prekindergarten program must also register with the early
1501 learning coalition on forms prescribed by the department Office
1502 of Early Learning and deliver the Voluntary Prekindergarten
1503 Education Program in accordance with this part.
1504 (10)(a) Each early learning coalition shall verify that
1505 each private prekindergarten provider delivering the Voluntary
1506 Prekindergarten Education Program within the coalition’s county
1507 or multicounty region complies with this part. Each district
1508 school board shall verify that each public school delivering the
1509 program within the school district complies with this part.
1510 (b) If a private prekindergarten provider or public school
1511 fails or refuses to comply with this part, or if a provider or
1512 school engages in misconduct, the department shall require the
1513 early learning coalition to remove the provider or require the
1514 school district to remove the school from eligibility to deliver
1515 the Voluntary Prekindergarten Education Program and receive
1516 state funds under this part for a period of at least 2 years but
1517 not more than 5 years.
1518 Section 38. Paragraph (b) of subsection (3) and subsections
1519 (6) and (8) of section 1002.63, Florida Statutes, are amended,
1520 and subsection (9) is added to that section, to read:
1521 1002.63 School-year prekindergarten program delivered by
1522 public schools.—
1523 (3)
1524 (b) Each public school delivering the school-year
1525 prekindergarten program must execute the statewide provider
1526 contract prescribed under s. 1002.73 s. 1002.75, except that the
1527 school district may execute a single agreement with the early
1528 learning coalition on behalf of all district schools.
1529 (6) A public school prekindergarten provider may assign a
1530 substitute instructor to temporarily replace a credentialed
1531 instructor if the credentialed instructor assigned to a
1532 prekindergarten class is absent, as long as the substitute
1533 instructor is of good moral character and has been screened
1534 before employment in accordance with level 2 background
1535 screening requirements in chapter 435. This subsection does not
1536 supersede employment requirements for instructional personnel in
1537 public schools which are more stringent than the requirements of
1538 this subsection. The State Board of Education Office of Early
1539 Learning shall adopt rules to implement this subsection which
1540 shall include required qualifications of substitute instructors
1541 and the circumstances and time limits for which a public school
1542 prekindergarten provider may assign a substitute instructor.
1543 (8) Each public school delivering the school-year
1544 prekindergarten program must register with the early learning
1545 coalition on forms prescribed by the department Office of Early
1546 Learning and deliver the Voluntary Prekindergarten Education
1547 Program in accordance with this part.
1548 (9)(a) Each district school board shall verify that each
1549 public school delivering the Voluntary Prekindergarten Education
1550 Program within the school district complies with this part.
1551 (b) If a public school fails or refuses to comply with this
1552 part, or if a school engages in misconduct, the department shall
1553 require the school district to remove the school from
1554 eligibility to deliver the Voluntary Prekindergarten Education
1555 Program and receive state funds under this part for a period of
1556 at least 2 years but not more than 5 years.
1557 Section 39. Section 1002.67, Florida Statutes, is amended
1558 to read:
1559 1002.67 Performance standards and; curricula and
1560 accountability.—
1561 (1)(a) The department office shall develop and adopt
1562 performance standards for students in the Voluntary
1563 Prekindergarten Education Program. The performance standards
1564 must address the age-appropriate progress of students in the
1565 development of:
1566 1. The capabilities, capacities, and skills required under
1567 s. 1(b), Art. IX of the State Constitution; and
1568 2. Emergent literacy skills, including oral communication,
1569 knowledge of print and letters, phonemic and phonological
1570 awareness, and vocabulary and comprehension development; and
1571 3. Mathematical thinking and early math skills.
1572
1573 By October 1, 2013, the office shall examine the existing
1574 performance standards in the area of mathematical thinking and
1575 develop a plan to make appropriate professional development and
1576 training courses available to prekindergarten instructors.
1577 (b) At least every 3 years, the department office shall
1578 periodically review and, if necessary, revise the performance
1579 standards established under s. 1002.67 for the statewide
1580 kindergarten screening administered under s. 1002.69 and align
1581 the standards to the standards established by the state board
1582 for student performance on the statewide assessments
1583 administered pursuant to s. 1008.22.
1584 (2)(a) Each private prekindergarten provider and public
1585 school may select or design the curriculum that the provider or
1586 school uses to implement the Voluntary Prekindergarten Education
1587 Program, except as otherwise required for a provider or school
1588 that is placed on probation under s. 1002.68 paragraph (4)(c).
1589 (b) Each private prekindergarten provider’s and public
1590 school’s curriculum must be developmentally appropriate and
1591 must:
1592 1. Be designed to prepare a student for early literacy and
1593 provide for instruction in early math skills;
1594 2. Enhance the age-appropriate progress of students in
1595 attaining the performance standards adopted by the department
1596 under subsection (1); and
1597 3. Support student learning gains through differentiated
1598 instruction that shall be measured by the coordinated screening
1599 and progress-monitoring program under s. 1008.2125 Prepare
1600 students to be ready for kindergarten based upon the statewide
1601 kindergarten screening administered under s. 1002.69.
1602 (c) The State Board of Education office shall adopt rules
1603 for the review and approval of approve curricula for use by
1604 private prekindergarten providers and public schools that are
1605 placed on probation under s. 1002.68 paragraph (4)(c). The
1606 department office shall administer the review and approval
1607 process and maintain a list of the curricula approved under this
1608 paragraph. Each approved curriculum must meet the requirements
1609 of paragraph (b).
1610 (3)(a) Contingent upon legislative appropriation, each
1611 private prekindergarten provider and public school in the
1612 Voluntary Prekindergarten Education Program must implement an
1613 evidence-based pre- and post-assessment that has been approved
1614 by rule of the State Board of Education.
1615 (b) In order to be approved, the assessment must be valid,
1616 reliable, developmentally appropriate, and designed to measure
1617 student progress on domains which must include, but are not
1618 limited to, early literacy, numeracy, and language.
1619 (c) The pre- and post-assessment must be administered by
1620 individuals meeting requirements established by rule of the
1621 State Board of Education.
1622 (4)(a) Each early learning coalition shall verify that each
1623 private prekindergarten provider delivering the Voluntary
1624 Prekindergarten Education Program within the coalition’s county
1625 or multicounty region complies with this part. Each district
1626 school board shall verify that each public school delivering the
1627 program within the school district complies with this part.
1628 (b) If a private prekindergarten provider or public school
1629 fails or refuses to comply with this part, or if a provider or
1630 school engages in misconduct, the office shall require the early
1631 learning coalition to remove the provider and require the school
1632 district to remove the school from eligibility to deliver the
1633 Voluntary Prekindergarten Education Program and receive state
1634 funds under this part for a period of 5 years.
1635 (c)1. If the kindergarten readiness rate of a private
1636 prekindergarten provider or public school falls below the
1637 minimum rate adopted by the office as satisfactory under s.
1638 1002.69(6), the early learning coalition or school district, as
1639 applicable, shall require the provider or school to submit an
1640 improvement plan for approval by the coalition or school
1641 district, as applicable, and to implement the plan; shall place
1642 the provider or school on probation; and shall require the
1643 provider or school to take certain corrective actions, including
1644 the use of a curriculum approved by the office under paragraph
1645 (2)(c) or a staff development plan to strengthen instruction in
1646 language development and phonological awareness approved by the
1647 office.
1648 2. A private prekindergarten provider or public school that
1649 is placed on probation must continue the corrective actions
1650 required under subparagraph 1., including the use of a
1651 curriculum or a staff development plan to strengthen instruction
1652 in language development and phonological awareness approved by
1653 the office, until the provider or school meets the minimum rate
1654 adopted by the office as satisfactory under s. 1002.69(6).
1655 Failure to implement an approved improvement plan or staff
1656 development plan shall result in the termination of the
1657 provider’s contract to deliver the Voluntary Prekindergarten
1658 Education Program for a period of 5 years.
1659 3. If a private prekindergarten provider or public school
1660 remains on probation for 2 consecutive years and fails to meet
1661 the minimum rate adopted by the office as satisfactory under s.
1662 1002.69(6) and is not granted a good cause exemption by the
1663 office pursuant to s. 1002.69(7), the office shall require the
1664 early learning coalition or the school district to remove, as
1665 applicable, the provider or school from eligibility to deliver
1666 the Voluntary Prekindergarten Education Program and receive
1667 state funds for the program for a period of 5 years.
1668 (d) Each early learning coalition and the office shall
1669 coordinate with the Child Care Services Program Office of the
1670 Department of Children and Families to minimize interagency
1671 duplication of activities for monitoring private prekindergarten
1672 providers for compliance with requirements of the Voluntary
1673 Prekindergarten Education Program under this part, the school
1674 readiness program under part VI of this chapter, and the
1675 licensing of providers under ss. 402.301-402.319.
1676 Section 40. Section 1002.68, Florida Statutes, is created
1677 to read:
1678 1002.68 Voluntary Prekindergarten Education Program
1679 accountability.—
1680 (1)(a) Beginning with the 2021-2022 program year, each
1681 private prekindergarten provider and public school participating
1682 in the Voluntary Prekindergarten Education Program must
1683 participate in the coordinated screening and progress-monitoring
1684 program in accordance with s. 1008.2125. The coordinated
1685 screening and progress-monitoring program results shall be used
1686 by the department to identify student learning gains, index
1687 development learning outcomes upon program completion relative
1688 to the performance standards established under s. 1002.67 and
1689 representative norms, and inform a provider’s performance
1690 metric.
1691 (b) At a minimum, the initial and final progress-monitoring
1692 or screening must be administered by individuals meeting
1693 requirements adopted by the department pursuant to s. 1008.2125.
1694 (c) Each private prekindergarten provider and public school
1695 must provide a student’s performance results to the student’s
1696 parents no later than 7 days after the administration of such
1697 screening and progress monitoring.
1698 (2) Beginning with the 2020-2021 program year, each private
1699 prekindergarten provider and public school in the Voluntary
1700 Prekindergarten Education Program must participate in a program
1701 assessment of each voluntary prekindergarten education
1702 classroom. The program assessment shall measure the quality of
1703 teacher-child interactions, including emotional and behavioral
1704 support, engaged support for learning, classroom organization,
1705 and instructional support for children ages 3 to 5 years. Each
1706 private prekindergarten provider and public school in the
1707 Voluntary Prekindergarten Education Program shall receive the
1708 results of the program assessment for each classroom within 14
1709 days of the observation.
1710
1711 The program assessment and screening and progress-monitoring
1712 must be administered by individuals meeting requirements
1713 established by rule of the State Board of Education.
1714 (3)(a) For the 2019-2020 program year, the department shall
1715 calculate a performance metric for each provider based upon
1716 learning gains and the percentage of students who are assessed
1717 as ready for kindergarten. The department shall require that
1718 each school district administer the statewide kindergarten
1719 screening in use before the 2020-2021 school year to each
1720 kindergarten student in the school district within the first 30
1721 school days of the 2020-2021 school year. Nonpublic schools may
1722 administer the statewide kindergarten screening to each
1723 kindergarten student in a nonpublic school who was enrolled in
1724 the Voluntary Prekindergarten Education Program.
1725 (b) For the 2020-2021 program year, the department shall
1726 calculate a program performance metric for each provider based
1727 upon learning gains and the program assessment, which shall be
1728 weighted at a minimum of approximately 50 percent of a program’s
1729 performance metric and administered pursuant to this section.
1730 (c) For purposes of this subsection, learning gains shall
1731 be determined using a value-added measure based on growth
1732 demonstrated by the results of the preassessment and
1733 postassessment in use before the 2021-2022 program year.
1734 (d) Any provider who fails to meet the minimum voluntary
1735 prekindergarten readiness rate or program performance metric
1736 during the 2020-2021 program year shall be subject to the
1737 probation requirements of subsection (5).
1738 (4)(a) Beginning with the 2021-2022 program year, the
1739 department shall adopt a methodology for calculating each
1740 provider’s performance metric, which must be based on a
1741 combination of the following:
1742 1. Program assessment scores under subsection (2), which
1743 shall be weighted at approximately 50 percent.
1744 2. Learning gains expressed as the change in ability scores
1745 from the initial and final progress-monitoring results described
1746 in subsection (1).
1747 3. Norm-referenced developmental learning outcomes
1748 described in subsection (1).
1749 (b) For purposes of this subsection, the methodology for
1750 calculation may only include prekindergarten students who have
1751 attended at least 85 percent of a private prekindergarten
1752 provider’s or public school’s program.
1753 (c) The methodology must include a statistical latent
1754 profile analysis that is conducted by a contracted independent
1755 expert with experience in relevant quantitative analysis, early
1756 childhood assessment, and designing state-level accountability
1757 systems. Such expert must be able to produce a limited number of
1758 program performance metric profiles that summarize all programs’
1759 profiles that inform the assignment of a letter grading system
1760 to include grades “A” through “F.” The contracted independent
1761 expert may not be a direct stakeholder or have had a financial
1762 interest in the design or delivery of the Voluntary
1763 Prekindergarten Education Program or public school systems
1764 within the last 5 years.
1765 (d) The grading system must provide for a differential
1766 payment to a private prekindergarten provider and public school
1767 based on program performance. The maximum differential payment
1768 may not exceed a total of 15 percent of the base student
1769 allocation per full-time equivalent as defined in s. 1002.71. A
1770 private prekindergarten provider or public school may not
1771 receive a differential if it is assigned a grade of “C” or
1772 below. Before the adoption of a methodology, the department and
1773 the contracted expert shall confer with the Council for Early
1774 Grade Success under s. 1008.2125 before receiving approval for
1775 the final recommendations on the grading system and differential
1776 payments.
1777 (e) The department shall adopt procedures to annually
1778 calculate each private prekindergarten provider’s and public
1779 school’s program performance metric and grade based on the
1780 methodology adopted in paragraphs (a) and (b). Beginning with
1781 the 2022-2023 program year, each private prekindergarten
1782 provider or public school shall be assigned a grade within 45
1783 days of the conclusion of the school year Voluntary
1784 Prekindergarten Education Program delivered by all participating
1785 private prekindergarten providers or public schools and within
1786 45 days of the conclusion of the summer prekindergarten program
1787 delivered by all participating private prekindergarten providers
1788 or public schools.
1789 (f) The department shall adopt a minimum program
1790 performance metric or grade that, if achieved by a private
1791 prekindergarten provider or public school, would demonstrate the
1792 provider’s or school’s satisfactory delivery of the Voluntary
1793 Prekindergarten Education Program.
1794 (5)(a) If a public school’s or private prekindergarten
1795 provider’s program assessment composite score for its
1796 prekindergarten classrooms fails to meet the minimum threshold
1797 for contracting established by the department pursuant to s.
1798 1002.82(2)(n), then the public school or private prekindergarten
1799 provider may not participate in the Voluntary Prekindergarten
1800 Education Program beginning in the subsequent program year and
1801 thereafter until the public school or private prekindergarten
1802 provider meets the minimum threshold for contracting.
1803 (b) If a private prekindergarten provider’s or public
1804 school’s program performance metric or grade falls below the
1805 minimum program performance metric or grade, the early learning
1806 coalition or school district, as applicable, shall:
1807 1. Require the provider or school to submit an improvement
1808 plan for approval by the coalition or school district, as
1809 applicable, and to implement the plan;
1810 2. Place the provider or school on probation; and
1811 3. Require the provider or school to take certain
1812 corrective actions, including the use of a curriculum approved
1813 by the department under s. 1002.67(2)(c) or a staff development
1814 plan approved by the department to strengthen instructional
1815 practices in emotional and behavioral support, engaged support
1816 for learning, classroom organization, language development,
1817 phonological awareness, alphabet knowledge, and mathematical
1818 thinking.
1819 (c) A private prekindergarten provider or public school
1820 that is placed on probation must continue the corrective actions
1821 required under paragraph (b) until the provider or school meets
1822 the minimum program performance metric or grade adopted by the
1823 department. Failure to meet the requirements of subparagraphs
1824 (b)1. and 3. shall result in the termination of the provider’s
1825 or school’s contract to deliver the Voluntary Prekindergarten
1826 Education Program for a period of at least 2 years but no more
1827 than 5 years.
1828 (d) If a private prekindergarten provider or public school
1829 remains on probation for 2 consecutive years and fails to meet
1830 the minimum program performance metric or grade, or is not
1831 granted a good cause exemption by the department, the department
1832 shall require the early learning coalition or the school
1833 district to revoke the provider’s or school’s eligibility to
1834 deliver the Voluntary Prekindergarten Education Program and
1835 receive state funds for the program for a period of at least 2
1836 years but no more than 5 years.
1837 (6)(a) The department, upon the request of a private
1838 prekindergarten provider or public school that remains on
1839 probation for at least 2 consecutive years and subsequently
1840 fails to meet the minimum program performance metric or grade
1841 adopted pursuant to paragraph (5)(c), and for good cause shown,
1842 may grant to the provider or school an exemption from being
1843 determined ineligible to deliver the Voluntary Prekindergarten
1844 Education Program and receive state funds for the program. Such
1845 exemption is valid for 1 year and, upon the request of the
1846 private prekindergarten provider or public school and for good
1847 cause shown, may be renewed.
1848 (b) A private prekindergarten provider’s or public school’s
1849 request for a good cause exemption, or renewal of such an
1850 exemption, must be submitted to the department in the manner and
1851 within the timeframes prescribed by the department and must
1852 include the following:
1853 1. Data from the private prekindergarten provider or public
1854 school which documents the achievement and progress of the
1855 children served, as measured by any required screenings or
1856 assessments.
1857 2. Data from the program assessment required under s.
1858 1002.55 which demonstrates effective teaching practices as
1859 recognized by the contracted expert.
1860 3. Data from the early learning coalition or district
1861 school board, as applicable, the Department of Children and
1862 Families, the local licensing authority, or an accrediting
1863 association, as applicable, relating to the private
1864 prekindergarten provider’s or public school’s compliance with
1865 state and local health and safety standards.
1866 (c) The department shall adopt criteria for granting good
1867 cause exemptions. Such criteria must include, but are not
1868 limited to, all of the following:
1869 1. Child demographic data that evidences a private
1870 prekindergarten provider or public school serves a statistically
1871 significant population of children with special needs who have
1872 individual education plans and can demonstrate progress toward
1873 meeting the goals outlined in the students’ individual education
1874 plans.
1875 2. Learning gains of children served in the Voluntary
1876 Prekindergarten Education Program by the private prekindergarten
1877 provider or public school on an alternative measure that has
1878 comparable validity and reliability of the screening and
1879 progress-monitoring program in accordance with s. 1008.2125.
1880 3. Program assessment data under subsection (2) which
1881 demonstrates effective teaching practices as recognized by the
1882 contracted expert.
1883 4. Verification that local and state health and safety
1884 requirements are met.
1885 (d) A good cause exemption may not be granted to any
1886 private prekindergarten provider or public school that has any
1887 Class I violations or two or more Class II violations within the
1888 2 years preceding the provider’s or school’s request for the
1889 exemption. For purposes of this paragraph, Class I and Class II
1890 violations have the same meaning as provided in s. 1002.945.
1891 (e) A private prekindergarten provider or public school
1892 granted a good cause exemption shall continue to implement its
1893 improvement plan and continue the corrective actions required
1894 under subsection (5)(b) until the provider or school meets the
1895 minimum program performance metric.
1896 (f) If a good cause exemption is granted to a private
1897 prekindergarten provider or public school that remains on
1898 probation for 2 consecutive years, the department shall notify
1899 the early learning coalition or school district of the good
1900 cause exemption and direct that the coalition or school district
1901 not remove the provider from eligibility to deliver the
1902 Voluntary Prekindergarten Education Program or to receive state
1903 funds for the program if the provider meets all other applicable
1904 requirements of this part.
1905 (g) The department shall report the number of Voluntary
1906 Prekindergarten Education Program providers or public schools
1907 that have received a good cause exemption and the reasons for
1908 the exemptions as part of its annual reporting requirements
1909 under s. 1002.82(5).
1910 (7) Representatives from the school districts and early
1911 learning coalitions must meet annually to develop strategies to
1912 transition students from the Voluntary Prekindergarten Education
1913 Program to kindergarten.
1914 Section 41. Section 1002.69, Florida Statutes, is repealed.
1915 Section 42. Paragraph (c) of subsection (3), subsection
1916 (4), paragraph (b) of subsection (5), paragraphs (b) and (d) of
1917 subsection (6), and subsection (7) of section 1002.71, Florida
1918 Statutes, are amended to read:
1919 1002.71 Funding; financial and attendance reporting.—
1920 (3)
1921 (c) The initial allocation shall be based on estimated
1922 student enrollment in each coalition service area. The
1923 department Office of Early Learning shall reallocate funds among
1924 the coalitions based on actual full-time equivalent student
1925 enrollment in each coalition service area. Each coalition shall
1926 report student enrollment pursuant to subsection (2) on a
1927 monthly basis. A student enrollment count for the prior fiscal
1928 year may not be amended after September 30 of the subsequent
1929 fiscal year.
1930 (4) Notwithstanding s. 1002.53(3) and subsection (2):
1931 (a) A child who, for any of the prekindergarten programs
1932 listed in s. 1002.53(3), has not completed more than 70 percent
1933 of the hours authorized to be reported for funding under
1934 subsection (2), or has not expended more than 70 percent of the
1935 funds authorized for the child under s. 1002.66, may withdraw
1936 from the program for good cause and reenroll in one of the
1937 programs. The total funding for a child who reenrolls in one of
1938 the programs for good cause may not exceed one full-time
1939 equivalent student. Funding for a child who withdraws and
1940 reenrolls in one of the programs for good cause shall be issued
1941 in accordance with the department’s Office of Early Learning’s
1942 uniform attendance policy adopted pursuant to paragraph (6)(d).
1943 (b) A child who has not substantially completed any of the
1944 prekindergarten programs listed in s. 1002.53(3) may withdraw
1945 from the program due to an extreme hardship that is beyond the
1946 child’s or parent’s control, reenroll in one of the summer
1947 programs, and be reported for funding purposes as a full-time
1948 equivalent student in the summer program for which the child is
1949 reenrolled.
1950
1951 A child may reenroll only once in a prekindergarten program
1952 under this section. A child who reenrolls in a prekindergarten
1953 program under this subsection may not subsequently withdraw from
1954 the program and reenroll, unless the child is granted a good
1955 cause exemption under this subsection. The department Office of
1956 Early Learning shall establish criteria specifying whether a
1957 good cause exists for a child to withdraw from a program under
1958 paragraph (a), whether a child has substantially completed a
1959 program under paragraph (b), and whether an extreme hardship
1960 exists which is beyond the child’s or parent’s control under
1961 paragraph (b).
1962 (5)
1963 (b) The department Office of Early Learning shall adopt
1964 procedures for the payment of private prekindergarten providers
1965 and public schools delivering the Voluntary Prekindergarten
1966 Education Program. The procedures shall provide for the advance
1967 payment of providers and schools based upon student enrollment
1968 in the program, the certification of student attendance, and the
1969 reconciliation of advance payments in accordance with the
1970 uniform attendance policy adopted under paragraph (6)(d). The
1971 procedures shall provide for the monthly distribution of funds
1972 by the department Office of Early Learning to the early learning
1973 coalitions for payment by the coalitions to private
1974 prekindergarten providers and public schools.
1975 (6)
1976 (b)1. Each private prekindergarten provider’s and district
1977 school board’s attendance policy must require the parent of each
1978 student in the Voluntary Prekindergarten Education Program to
1979 verify, each month, the student’s attendance on the prior
1980 month’s certified student attendance.
1981 2. The parent must submit the verification of the student’s
1982 attendance to the private prekindergarten provider or public
1983 school on forms prescribed by the department Office of Early
1984 Learning. The forms must include, in addition to the
1985 verification of the student’s attendance, a certification, in
1986 substantially the following form, that the parent continues to
1987 choose the private prekindergarten provider or public school in
1988 accordance with s. 1002.53 and directs that payments for the
1989 program be made to the provider or school:
1990 VERIFICATION OF STUDENT’S ATTENDANCE
1991 AND CERTIFICATION OF PARENTAL CHOICE
1992 I, ...(Name of Parent)..., swear (or affirm) that my child,
1993 ...(Name of Student)..., attended the Voluntary Prekindergarten
1994 Education Program on the days listed above and certify that I
1995 continue to choose ...(Name of Provider or School)... to deliver
1996 the program for my child and direct that program funds be paid
1997 to the provider or school for my child.
1998 ...(Signature of Parent)...
1999 ...(Date)...
2000 3. The private prekindergarten provider or public school
2001 must keep each original signed form for at least 2 years. Each
2002 private prekindergarten provider must permit the early learning
2003 coalition, and each public school must permit the school
2004 district, to inspect the original signed forms during normal
2005 business hours. The department Office of Early Learning shall
2006 adopt procedures for early learning coalitions and school
2007 districts to review the original signed forms against the
2008 certified student attendance. The review procedures shall
2009 provide for the use of selective inspection techniques,
2010 including, but not limited to, random sampling. Each early
2011 learning coalition and the school districts must comply with the
2012 review procedures.
2013 (d) The department Office of Early Learning shall adopt,
2014 for funding purposes, a uniform attendance policy for the
2015 Voluntary Prekindergarten Education Program. The attendance
2016 policy must apply statewide and apply equally to all private
2017 prekindergarten providers and public schools. The attendance
2018 policy must include at least the following provisions:
2019 1. A student’s attendance may be reported on a pro rata
2020 basis as a fractional part of a full-time equivalent student.
2021 2. At a maximum, 20 percent of the total payment made on
2022 behalf of a student to a private prekindergarten provider or a
2023 public school may be for hours a student is absent.
2024 3. A private prekindergarten provider or public school may
2025 not receive payment for absences that occur before a student’s
2026 first day of attendance or after a student’s last day of
2027 attendance.
2028
2029 The uniform attendance policy shall be used only for funding
2030 purposes and does not prohibit a private prekindergarten
2031 provider or public school from adopting and enforcing its
2032 attendance policy under paragraphs (a) and (c).
2033 (7) The department Office of Early Learning shall require
2034 that administrative expenditures be kept to the minimum
2035 necessary for efficient and effective administration of the
2036 Voluntary Prekindergarten Education Program. Administrative
2037 policies and procedures shall be revised, to the maximum extent
2038 practicable, to incorporate the use of automation and electronic
2039 submission of forms, including those required for child
2040 eligibility and enrollment, provider and class registration, and
2041 monthly certification of attendance for payment. A school
2042 district may use its automated daily attendance reporting system
2043 for the purpose of transmitting attendance records to the early
2044 learning coalition in a mutually agreed-upon format. In
2045 addition, actions shall be taken to reduce paperwork, eliminate
2046 the duplication of reports, and eliminate other duplicative
2047 activities. Each early learning coalition may retain and expend
2048 no more than 4.0 percent of the funds paid by the coalition to
2049 private prekindergarten providers and public schools under
2050 paragraph (5)(b). Funds retained by an early learning coalition
2051 under this subsection may be used only for administering the
2052 Voluntary Prekindergarten Education Program and may not be used
2053 for the school readiness program or other programs.
2054 Section 43. Subsection (1) of section 1002.72, Florida
2055 Statutes, is amended to read:
2056 1002.72 Records of children in the Voluntary
2057 Prekindergarten Education Program.—
2058 (1)(a) The records of a child enrolled in the Voluntary
2059 Prekindergarten Education Program held by an early learning
2060 coalition, the department Office of Early Learning, or a
2061 Voluntary Prekindergarten Education Program provider are
2062 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
2063 of the State Constitution. For purposes of this section, such
2064 records include assessment data, health data, records of teacher
2065 observations, and personal identifying information of an
2066 enrolled child and his or her parent.
2067 (b) This exemption applies to the records of a child
2068 enrolled in the Voluntary Prekindergarten Education Program held
2069 by an early learning coalition, the department Office of Early
2070 Learning, or a Voluntary Prekindergarten Education Program
2071 provider before, on, or after the effective date of this
2072 exemption.
2073 Section 44. Section 1002.73, Florida Statutes, is amended
2074 to read:
2075 1002.73 Department of Education; powers and duties;
2076 accountability requirements.—
2077 (1) The department shall adopt by rule a standard statewide
2078 provider contract to be used with each Voluntary Prekindergarten
2079 Education Program provider, with standardized attachments by
2080 provider type. The department shall publish a copy of the
2081 standard statewide provider contract on its website. The
2082 standard statewide provider contract shall include, at a
2083 minimum, provisions for provider probation, termination for
2084 cause, and emergency termination for those actions or inactions
2085 of a provider that pose an immediate and serious danger to the
2086 health, safety, or welfare of children. The standard statewide
2087 provider contract shall also include appropriate due process
2088 procedures. During the pendency of an appeal of a termination,
2089 the provider may not continue to offer its services. Any
2090 provision imposed upon a provider that is inconsistent with, or
2091 prohibited by, law is void and unenforceable administer the
2092 accountability requirements of the Voluntary Prekindergarten
2093 Education Program at the state level.
2094 (2) The department shall adopt procedures for its:
2095 (a) Approval of prekindergarten director credentials under
2096 ss. 1002.55 and 1002.57.
2097 (b) Approval of emergent literacy training courses under
2098 ss. 1002.55 and 1002.59.
2099 (c) Annually notifying providers placed on probation for
2100 not meeting the minimum performance metric as required by s.
2101 1002.68 of the free and low-cost, high-quality professional
2102 development opportunities developed or supported by the
2103 department.
2104 (3) The department shall adopt procedures governing the
2105 administration of the Voluntary Prekindergarten Education
2106 Program by the early learning coalitions and school districts
2107 for:
2108 (a) Enrolling children in and determining the eligibility
2109 of children for the Voluntary Prekindergarten Education Program
2110 under s. 1002.53, which shall include the enrollment of children
2111 by public schools and private providers that meet specified
2112 requirements.
2113 (b) Providing parents with profiles of private
2114 prekindergarten providers and public schools under s. 1002.53.
2115 (c) Registering private prekindergarten providers and
2116 public schools to deliver the program under ss. 1002.55,
2117 1002.61, and 1002.63.
2118 (d) Determining the eligibility of private prekindergarten
2119 providers to deliver the program under ss. 1002.55 and 1002.61
2120 and streamlining the process of determining provider eligibility
2121 whenever possible.
2122 (e) Verifying the compliance of private prekindergarten
2123 providers and public schools and removing providers or schools
2124 from eligibility to deliver the program due to noncompliance or
2125 misconduct as provided in s. 1002.67.
2126 (f) Paying private prekindergarten providers and public
2127 schools under s. 1002.71.
2128 (g) Documenting and certifying student enrollment and
2129 student attendance under s. 1002.71.
2130 (h) Reconciling advance payments in accordance with the
2131 uniform attendance policy under s. 1002.71.
2132 (i) Reenrolling students dismissed by a private
2133 prekindergarten provider or public school for noncompliance with
2134 the provider’s or school district’s attendance policy under s.
2135 1002.71.
2136 (4) The department shall administer the accountability
2137 requirements of the Voluntary Prekindergarten Education Program
2138 at the state level.
2139 (5) The department shall adopt rules governing the
2140 administration of the Voluntary Prekindergarten Education
2141 Program by the early learning coalitions and school districts
2142 for:
2143 (a) Approving improvement plans of private prekindergarten
2144 providers and public schools under s. 1002.68.
2145 (b) Placing private prekindergarten providers and public
2146 schools on probation and requiring corrective actions under s.
2147 1002.68.
2148 (c) Removing a private prekindergarten provider or public
2149 school from eligibility to deliver the program due to the
2150 provider’s or school’s remaining on probation beyond the time
2151 permitted under s. 1002.68. Notwithstanding any other law, if a
2152 private prekindergarten provider has been cited for a Class I
2153 violation, as defined by rule by the Child Care Services Program
2154 Office of the Department of Children and Families, the coalition
2155 may refuse to contract with the provider or revoke the
2156 provider’s eligibility to deliver the Voluntary Prekindergarten
2157 Education Program.
2158 (d) Enrolling children in and determining the eligibility
2159 of children for the Voluntary Prekindergarten Education Program
2160 under s. 1002.66.
2161 (e) Paying specialized instructional services providers
2162 under s. 1002.66.
2163 (c) Administration of the statewide kindergarten screening
2164 and calculation of kindergarten readiness rates under s.
2165 1002.69.
2166 (d) Implementation of, and determination of costs
2167 associated with, the state-approved prekindergarten enrollment
2168 screening and the standardized postassessment approved by the
2169 department, and determination of the learning gains of students
2170 who complete the state-approved prekindergarten enrollment
2171 screening and the standardized postassessment approved by the
2172 department.
2173 (f)(e) Approving Approval of specialized instructional
2174 services providers under s. 1002.66.
2175 (f) Annual reporting of the percentage of kindergarten
2176 students who meet all state readiness measures.
2177 (g) Granting of a private prekindergarten provider’s or
2178 public school’s request for a good cause exemption under s.
2179 1002.68 s. 1002.69(7).
2180 (6) The department shall adopt procedures for the
2181 distribution of funds to early learning coalitions under s.
2182 1002.71.
2183 (7)(3) Except as provided by law, the department may not
2184 impose requirements on a private prekindergarten provider or
2185 public school that does not deliver the Voluntary
2186 Prekindergarten Education Program or receive state funds under
2187 this part.
2188 Section 45. Sections 1002.75 and 1002.77, Florida Statutes,
2189 are repealed.
2190 Section 46. Section 1002.79, Florida Statutes, is amended
2191 to read:
2192 1002.79 Rulemaking authority.—The State Board of Education
2193 Office of Early Learning shall adopt rules under ss. 120.536(1)
2194 and 120.54 to administer the provisions of this part conferring
2195 duties upon the department office.
2196 Section 47. Subsections (13) through (16) of section
2197 1002.81, Florida Statutes, are renumbered as subsections (12)
2198 through (15), respectively, and subsections (3), (4), and (12)
2199 of that section are amended, to read:
2200 1002.81 Definitions.—Consistent with the requirements of 45
2201 C.F.R. parts 98 and 99 and as used in this part, the term:
2202 (3) “Prevailing Average market rate” means the biennially
2203 determined 75th percentile of a reasonable frequency
2204 distribution average of the market rate by program care level
2205 and provider type in a predetermined geographic market at which
2206 child care providers charge a person for child care services.
2207 (4) “Direct enhancement services” means services for
2208 families and children that are in addition to payments for the
2209 placement of children in the school readiness program. Direct
2210 enhancement services for families and children may include
2211 supports for providers, parent training and involvement
2212 activities, and strategies to meet the needs of unique
2213 populations and local eligibility priorities. Direct enhancement
2214 services offered by an early learning coalition shall be
2215 consistent with the activities prescribed in s. 1002.89(5)(b) s.
2216 1002.89(6)(b).
2217 (12) “Office” means the Office of Early Learning of the
2218 Department of Education.
2219 Section 48. Section 1002.82, Florida Statutes, is amended
2220 to read:
2221 1002.82 Department of Education Office of Early Learning;
2222 powers and duties.—
2223 (1) For purposes of administration of the Child Care and
2224 Development Block Grant Trust Fund, pursuant to 45 C.F.R. parts
2225 98 and 99, the Department of Education Office of Early Learning
2226 is designated as the lead agency and must comply with lead
2227 agency responsibilities pursuant to federal law. The department
2228 office may apply to the Governor and Cabinet for a waiver of,
2229 and the Governor and Cabinet may waive, any provision of ss.
2230 411.223 and 1003.54 if the waiver is necessary for
2231 implementation of the school readiness program. Section
2232 125.901(2)(a)3. does not apply to the school readiness program.
2233 (2) The department office shall:
2234 (a) Focus on improving the educational quality delivered by
2235 all providers participating in the school readiness program.
2236 (b) Preserve parental choice by permitting parents to
2237 choose from a variety of child care categories, including
2238 center-based care, family child care, and informal child care to
2239 the extent authorized in the state’s Child Care and Development
2240 Fund Plan as approved by the United States Department of Health
2241 and Human Services pursuant to 45 C.F.R. s. 98.18. Care and
2242 curriculum by a faith-based provider may not be limited or
2243 excluded in any of these categories.
2244 (c) Be responsible for the prudent use of all public and
2245 private funds in accordance with all legal and contractual
2246 requirements, safeguarding the effective use of federal, state,
2247 and local resources to achieve the highest practicable level of
2248 school readiness for the children described in s. 1002.87,
2249 including:
2250 1. The adoption of a uniform chart of accounts for
2251 budgeting and financial reporting purposes that provides
2252 standardized definitions for expenditures and reporting,
2253 consistent with the requirements of 45 C.F.R. part 98 and s.
2254 1002.89 for each of the following categories of expenditure:
2255 a. Direct services to children.
2256 b. Administrative costs.
2257 c. Quality activities.
2258 d. Nondirect services.
2259 2. Coordination with other state and federal agencies to
2260 perform data matches on children participating in the school
2261 readiness program and their families in order to verify the
2262 children’s eligibility pursuant to s. 1002.87.
2263 (d) Establish procedures for the biennial calculation of
2264 the prevailing average market rate.
2265 (e) Review each early learning coalition’s school readiness
2266 program plan every 2 years and provide final approval of the
2267 plan and any amendments submitted.
2268 (f) Establish a unified approach to the state’s efforts to
2269 coordinate a comprehensive early learning program. In support of
2270 this effort, the department office:
2271 1. Shall adopt specific program support services that
2272 address the state’s school readiness program, including:
2273 a. Statewide data information program requirements that
2274 include:
2275 (I) Eligibility requirements.
2276 (II) Financial reports.
2277 (III) Program accountability measures.
2278 (IV) Child progress reports.
2279 b. Child care resource and referral services.
2280 c. A single point of entry and uniform waiting list.
2281 2. May provide technical assistance and guidance on
2282 additional support services to complement the school readiness
2283 program, including:
2284 a. Rating and improvement systems.
2285 b. Warm-Line services.
2286 c. Anti-fraud plans.
2287 d. School readiness program standards.
2288 e. Child screening and assessments.
2289 f. Training and support for parental involvement in
2290 children’s early education.
2291 g. Family literacy activities and services.
2292 (g) Provide technical assistance to early learning
2293 coalitions.
2294 (h) In cooperation with the early learning coalitions,
2295 coordinate with the Child Care Services Program Office of the
2296 Department of Children and Families to reduce paperwork and to
2297 avoid duplicating interagency activities, health and safety
2298 monitoring, and acquiring and composing data pertaining to child
2299 care training and credentialing.
2300 (i) Enter into a memorandum of understanding with local
2301 licensing agencies and the Child Care Services Program Office of
2302 the Department of Children and Families for inspections of
2303 school readiness program providers to monitor and verify
2304 compliance with s. 1002.88 and the health and safety checklist
2305 adopted by the department office. The provider contract of a
2306 school readiness program provider that refuses permission for
2307 entry or inspection shall be terminated. The health and safety
2308 checklist may not exceed the requirements of s. 402.305 and the
2309 Child Care and Development Fund pursuant to 45 C.F.R. part 98. A
2310 child development program operating on a military installation
2311 that is certified by the United States Department of Defense and
2312 accredited by a national accrediting body is exempt from the
2313 inspection requirements under s. 1002.88.
2314 (j) Monitor the alignment and consistency of the Develop
2315 and adopt standards and benchmarks developed and adopted by the
2316 department that address the age-appropriate progress of children
2317 in the development of school readiness skills. The standards for
2318 children from birth to 5 years of age in the school readiness
2319 program must be aligned with the performance standards adopted
2320 for children in the Voluntary Prekindergarten Education Program
2321 and must address the following domains:
2322 1. Approaches to learning.
2323 2. Cognitive development and general knowledge.
2324 3. Numeracy, language, and communication.
2325 4. Physical development.
2326 5. Self-regulation.
2327 (k) Identify observation-based child assessments that are
2328 valid, reliable, and developmentally appropriate for use at
2329 least three times a year. The assessments must:
2330 1. Provide interval level and criterion-referenced data
2331 that measures equivalent levels of growth across the core
2332 domains of early childhood development and that can be used for
2333 determining developmentally appropriate learning gains.
2334 2. Measure progress in the performance standards adopted
2335 pursuant to paragraph (j).
2336 3. Provide for appropriate accommodations for children with
2337 disabilities and English language learners and be administered
2338 by qualified individuals, consistent with the developer’s
2339 instructions.
2340 4. Coordinate with the performance standards adopted by the
2341 department under s. 1002.67(1) for the Voluntary Prekindergarten
2342 Education Program.
2343 5. Provide data in a format for use in the single statewide
2344 information system to meet the requirements of paragraph (q)
2345 (p).
2346 (l) Adopt a list of approved curricula that meet the
2347 performance standards for the school readiness program and
2348 establish a process for the review and approval of a provider’s
2349 curriculum that meets the performance standards.
2350 (m) Provide technical support to an early learning
2351 coalition to facilitate the use of Adopt by rule a standard
2352 statewide provider contract to be used with each school
2353 readiness program provider, with standardized attachments by
2354 provider type. The department office shall publish a copy of the
2355 standard statewide provider contract on its website. The
2356 standard statewide contract shall include, at a minimum,
2357 contracted slots, if applicable, in accordance with the Child
2358 Care and Development Block Grant Act of 2014, 45 C.F.R. parts 98
2359 and 99; quality improvement strategies, if applicable; program
2360 assessment requirements; and provisions for provider probation,
2361 termination for cause, and emergency termination for those
2362 actions or inactions of a provider that pose an immediate and
2363 serious danger to the health, safety, or welfare of the
2364 children. The standard statewide provider contract shall also
2365 include appropriate due process procedures. During the pendency
2366 of an appeal of a termination, the provider may not continue to
2367 offer its services. Any provision imposed upon a provider that
2368 is inconsistent with, or prohibited by, law is void and
2369 unenforceable. Provisions for termination for cause must also
2370 include failure to meet the minimum quality measures established
2371 under paragraph (n) for a period of up to 5 years, unless the
2372 coalition determines that the provider is essential to meeting
2373 capacity needs based on the assessment under s. 1002.85(2)(j)
2374 and the provider has an active improvement plan pursuant to
2375 paragraph (n).
2376 (n) Adopt a program assessment for school readiness program
2377 providers that measures the quality of teacher-child
2378 interactions, including emotional and behavioral support,
2379 engaged support for learning, classroom organization, and
2380 instructional support for children ages birth to 5 years. The
2381 implementation of the program assessment must also include the
2382 following components adopted by rule by the State Board of
2383 Education:
2384 1. Quality measures, including a minimum threshold for
2385 contracting purposes and program improvement through an
2386 improvement plan.
2387 2. Requirements for program participation, frequency of
2388 program assessment, and exemptions.
2389 (o) No later than July 1, 2019, develop a differential
2390 payment program based on the quality measures adopted by the
2391 department office under paragraph (n). The differential payment
2392 may not exceed a total of 15 percent for each care level and
2393 unit of child care for a child care provider. No more than 5
2394 percent of the 15 percent total differential may be provided to
2395 providers who submit valid and reliable data to the statewide
2396 information system in the domains of language and executive
2397 functioning using a child assessment identified pursuant to
2398 paragraph (k). Providers below the minimum threshold for
2399 contracting purposes are ineligible for such payment.
2400 (p) No later than July 1, 2021, develop and adopt
2401 requirements for the implementation of a program designed to
2402 make available contracted slots to serve an at-risk child, as
2403 defined in s. 1002.81(1)(d) and (f), and to serve children at
2404 the greatest risk of school failure as determined by the
2405 children being located in an area that has been designated as a
2406 poverty area tract according to the latest census data. The
2407 contracted slot program may also be used to increase the
2408 availability of child care capacity based on the assessment
2409 under s. 1002.85(2)(j).
2410 (q)(p) Establish a single statewide information system that
2411 each coalition must use for the purposes of managing the single
2412 point of entry, tracking children’s progress, coordinating
2413 services among stakeholders, determining eligibility of
2414 children, tracking child attendance, and streamlining
2415 administrative processes for providers and early learning
2416 coalitions. By July 1, 2019, the system, subject to ss. 1002.72
2417 and 1002.97, shall:
2418 1. Allow a parent to monitor the development of his or her
2419 child as the child moves among programs within the state.
2420 2. Enable analysis at the state, regional, and local level
2421 to measure child growth over time, program impact, and quality
2422 improvement and investment decisions.
2423 (r)(q) Provide technical support to coalitions to
2424 facilitate the use of Adopt by rule standardized procedures
2425 adopted by rule by the State Board of Education for coalitions
2426 to use when monitoring the compliance of school readiness
2427 program providers with the terms of the standard statewide
2428 provider contract.
2429 (s)(r) Monitor and evaluate the performance of each early
2430 learning coalition in administering the school readiness
2431 program, ensuring proper payments for school readiness program
2432 services, implementing the coalition’s school readiness program
2433 plan, and administering the Voluntary Prekindergarten Education
2434 Program. These monitoring and performance evaluations must
2435 include, at a minimum, onsite monitoring of each coalition’s
2436 finances, management, operations, and programs.
2437 (t)(s) Work in conjunction with the Bureau of Federal
2438 Education Programs within the Department of Education to
2439 coordinate readiness and voluntary prekindergarten services to
2440 the populations served by the bureau.
2441 (u)(t) Administer a statewide toll-free Warm-Line to
2442 provide assistance and consultation to child care facilities and
2443 family day care homes regarding health, developmental,
2444 disability, and special needs issues of the children they are
2445 serving, particularly children with disabilities and other
2446 special needs. The department office shall:
2447 1. Annually inform child care facilities and family day
2448 care homes of the availability of this service through the child
2449 care resource and referral network under s. 1002.92.
2450 2. Expand or contract for the expansion of the Warm-Line to
2451 maintain at least one Warm-Line in each early learning coalition
2452 service area.
2453 (v)(u) Develop and implement strategies to increase the
2454 supply and improve the quality of child care services for
2455 infants and toddlers, children with disabilities, children who
2456 receive care during nontraditional hours, children in
2457 underserved areas, and children in areas that have significant
2458 concentrations of poverty and unemployment.
2459 (w)(v) Establish preservice and inservice training
2460 requirements that address, at a minimum, school readiness child
2461 development standards, health and safety requirements, and
2462 social-emotional behavior intervention models, which may include
2463 positive behavior intervention and support models, including the
2464 integration of early learning professional development pathways
2465 established in s. 1002.995.
2466 (x)(w) Establish standards for emergency preparedness plans
2467 for school readiness program providers.
2468 (y)(x) Establish group sizes.
2469 (z)(y) Establish staff-to-children ratios that do not
2470 exceed the requirements of s. 402.302(8) or (11) or s.
2471 402.305(4), as applicable, for school readiness program
2472 providers.
2473 (aa)(z) Establish eligibility criteria, including
2474 limitations based on income and family assets, in accordance
2475 with s. 1002.87 and federal law.
2476 (3) If the department office determines during the review
2477 of school readiness program plans, or through monitoring and
2478 performance evaluations conducted under s. 1002.85, that an
2479 early learning coalition has not substantially implemented its
2480 plan, has not substantially met the performance standards and
2481 outcome measures adopted by the department office, or has not
2482 effectively administered the school readiness program or
2483 Voluntary Prekindergarten Education Program, the department
2484 office may remove the coalition from eligibility to administer
2485 early learning programs and temporarily contract with a
2486 qualified entity to continue school readiness program and
2487 prekindergarten services in the coalition’s county or
2488 multicounty region until the department office reestablishes or
2489 merges the coalition and a new school readiness program plan is
2490 approved in accordance with the rules adopted by the State Board
2491 of Education office.
2492 (4) The department shall adopt procedures for merging early
2493 learning coalitions, including procedures for the consolidation
2494 of merging coalitions that minimize duplication of programs and
2495 services due to the merger, and for the early termination of the
2496 terms of the coalition members which are necessary to accomplish
2497 the mergers.
2498 (5)(4) The department office may request the Governor to
2499 apply for a waiver to allow a coalition to administer the Head
2500 Start Program to accomplish the purposes of the school readiness
2501 program.
2502 (6)(5) By January 1 of each year, the department office
2503 shall annually publish on its website a report of its activities
2504 conducted under this section. The report must include a summary
2505 of the coalitions’ annual reports, a statewide summary, and the
2506 following:
2507 (a) An analysis of early learning activities throughout the
2508 state, including the school readiness program and the Voluntary
2509 Prekindergarten Education Program.
2510 1. The total and average number of children served in the
2511 school readiness program, enumerated by age, eligibility
2512 priority category, and coalition, and the total number of
2513 children served in the Voluntary Prekindergarten Education
2514 Program.
2515 2. A summary of expenditures by coalition, by fund source,
2516 including a breakdown by coalition of the percentage of
2517 expenditures for administrative activities, quality activities,
2518 nondirect services, and direct services for children.
2519 3. A description of the department’s office’s and each
2520 coalition’s expenditures by fund source for the quality and
2521 enhancement activities described in s. 1002.89(5)(b) s.
2522 1002.89(6)(b).
2523 4. A summary of annual findings and collections related to
2524 provider fraud and parent fraud.
2525 5. Data regarding the coalitions’ delivery of early
2526 learning programs.
2527 6. The total number of children disenrolled statewide and
2528 the reason for disenrollment.
2529 7. The total number of providers by provider type.
2530 8. The number of school readiness program providers who
2531 have completed the program assessment required under paragraph
2532 (2)(n); the number of providers who have not met the minimum
2533 threshold for contracting established under paragraph (2)(n);
2534 and the number of providers that have an active improvement plan
2535 based on the results of the program assessment under paragraph
2536 (2)(n).
2537 9. The total number of provider contracts revoked and the
2538 reasons for revocation.
2539 (b) A summary of the activities and detailed expenditures
2540 related to the Child Care Executive Partnership Program.
2541 (7)(a)(6)(a) Parental choice of child care providers,
2542 including private and faith-based providers, shall be
2543 established to the maximum extent practicable in accordance with
2544 45 C.F.R. s. 98.30.
2545 (b) As used in this subsection, the term “payment
2546 certificate” means a child care certificate as defined in 45
2547 C.F.R. s. 98.2.
2548 (c) The school readiness program shall, in accordance with
2549 45 C.F.R. s. 98.30, provide parental choice through a payment
2550 certificate that provides, to the maximum extent possible,
2551 flexibility in the school readiness program and payment
2552 arrangements. The payment certificate must bear the names of the
2553 beneficiary and the program provider and, when redeemed, must
2554 bear the signatures of both the beneficiary and an authorized
2555 representative of the provider.
2556 (d) If it is determined that a provider has given any cash
2557 or other consideration to the beneficiary in return for
2558 receiving a payment certificate, the early learning coalition or
2559 its fiscal agent shall refer the matter to the Department of
2560 Financial Services pursuant to s. 414.411 for investigation.
2561 (8)(7) Participation in the school readiness program does
2562 not expand the regulatory authority of the state, its officers,
2563 or an early learning coalition to impose any additional
2564 regulation on providers beyond those necessary to enforce the
2565 requirements set forth in this part and part V of this chapter.
2566 Section 49. Subsections (1), (2), and (3), paragraph (m) of
2567 subsection (4), and subsections (5), (11), and (13) of section
2568 1002.83, Florida Statutes, are amended to read:
2569 1002.83 Early learning coalitions.—
2570 (1) Thirty Thirty-one or fewer early learning coalitions
2571 are established and shall maintain direct enhancement services
2572 at the local level and provide access to such services in all 67
2573 counties. Two or more early learning coalitions may join for
2574 purposes of planning and implementing a school readiness program
2575 and the Voluntary Prekindergarten Education Program.
2576 (2) Each early learning coalition shall be composed of at
2577 least 13 15 members but not more than 15 30 members.
2578 (3) The Governor shall appoint the chair and two other
2579 members of each early learning coalition, who must each meet the
2580 same qualifications of a as private sector business member
2581 members appointed by the coalition under subsection (5).
2582 (4) Each early learning coalition must include the
2583 following member positions; however, in a multicounty coalition,
2584 each ex officio member position may be filled by multiple
2585 nonvoting members but no more than one voting member shall be
2586 seated per member position. If an early learning coalition has
2587 more than one member representing the same entity, only one of
2588 such members may serve as a voting member:
2589 (m) A central agency administrator, where applicable.
2590 (5) Including the Members appointed by the Governor under
2591 subsection (3), more than one-third of the members of each early
2592 learning coalition must be private sector business members,
2593 either for-profit or nonprofit, who do not have, and none of
2594 whose relatives as defined in s. 112.3143 has, a substantial
2595 financial interest in the design or delivery of the Voluntary
2596 Prekindergarten Education Program created under part V of this
2597 chapter or the school readiness program. To meet this
2598 requirement, an early learning coalition must appoint additional
2599 members. The department office shall establish criteria for
2600 appointing private sector business members. These criteria must
2601 include standards for determining whether a member or relative
2602 has a substantial financial interest in the design or delivery
2603 of the Voluntary Prekindergarten Education Program or the school
2604 readiness program.
2605 (11) Each early learning coalition shall establish terms
2606 for all appointed members of the coalition. The terms must be
2607 staggered and must be a uniform length that does not exceed 4
2608 years per term. Coalition chairs shall be appointed for 4 years
2609 in conjunction with their membership on the Early Learning
2610 Advisory Council pursuant to s. 20.052. Appointed members may
2611 serve a maximum of two consecutive terms. When a vacancy occurs
2612 in an appointed position, the coalition must advertise the
2613 vacancy.
2614 (13) Each early learning coalition shall use a coordinated
2615 professional development system that supports the achievement
2616 and maintenance of core competencies by school readiness program
2617 teachers in helping children attain the performance standards
2618 adopted by the department office.
2619 Section 50. Subsections (17) through (20) of section
2620 1002.84, Florida Statutes, are renumbered as subsections (16)
2621 through (19), respectively, and subsections (1), (2), (4), (7),
2622 (8), (15), and (16) and present subsections (17), (18), and (20)
2623 of that section are amended to read:
2624 1002.84 Early learning coalitions; school readiness powers
2625 and duties.—Each early learning coalition shall:
2626 (1) Administer and implement a local comprehensive program
2627 of school readiness program services in accordance with this
2628 part and the rules adopted by the State Board of Education
2629 office, which enhances the cognitive, social, and physical
2630 development of children to achieve the performance standards.
2631 (2) Establish a uniform waiting list to track eligible
2632 children waiting for enrollment in the school readiness program
2633 in accordance with rules adopted by the State Board of Education
2634 office.
2635 (4) Establish a regional Warm-Line as directed by the
2636 department office pursuant to s. 1002.82(2)(u) s. 1002.82(2)(t).
2637 Regional Warm-Line staff shall provide onsite technical
2638 assistance, when requested, to assist child care facilities and
2639 family day care homes with inquiries relating to the strategies,
2640 curriculum, and environmental adaptations the child care
2641 facilities and family day care homes may need as they serve
2642 children with disabilities and other special needs.
2643 (7) Determine child eligibility pursuant to s. 1002.87 and
2644 provider eligibility pursuant to s. 1002.88. Child eligibility
2645 must be redetermined annually. A coalition must document the
2646 reason a child is no longer eligible for the school readiness
2647 program according to the standard codes prescribed by the
2648 department office.
2649 (8) Establish a parent sliding fee scale that provides for
2650 a parent copayment that is not a barrier to families receiving
2651 school readiness program services. Providers are required to
2652 collect the parent’s copayment. A coalition may, on a case-by
2653 case basis, waive the copayment for an at-risk child or
2654 temporarily waive the copayment for a child whose family’s
2655 income is at or below the federal poverty level or and whose
2656 family experiences a natural disaster or an event that limits
2657 the parent’s ability to pay, such as incarceration, placement in
2658 residential treatment, or becoming homeless, or an emergency
2659 situation such as a household fire or burglary, or while the
2660 parent is participating in parenting classes or participating in
2661 an Early Head Start program or Head Start Program. A parent may
2662 not transfer school readiness program services to another school
2663 readiness program provider until the parent has submitted
2664 documentation from the current school readiness program provider
2665 to the early learning coalition stating that the parent has
2666 satisfactorily fulfilled the copayment obligation.
2667 (15) Monitor school readiness program providers in
2668 accordance with its plan, or in response to a parental
2669 complaint, to verify that the standards prescribed in ss.
2670 1002.82 and 1002.88 are being met using a standard monitoring
2671 tool adopted by the department office. Providers determined to
2672 be high-risk by the coalition, as demonstrated by substantial
2673 findings of violations of federal law or the general or local
2674 laws of the state, shall be monitored more frequently. Providers
2675 with 3 consecutive years of compliance may be monitored
2676 biennially.
2677 (16) Adopt a payment schedule that encompasses all programs
2678 funded under this part and part V of this chapter. The payment
2679 schedule must take into consideration the average market rate,
2680 include the projected number of children to be served, and be
2681 submitted for approval by the office. Informal child care
2682 arrangements shall be reimbursed at not more than 50 percent of
2683 the rate adopted for a family day care home.
2684 (16)(17) Implement an anti-fraud plan addressing the
2685 detection, reporting, and prevention of overpayments, abuse, and
2686 fraud relating to the provision of and payment for school
2687 readiness program and Voluntary Prekindergarten Education
2688 Program services and submit the plan to the department office
2689 for approval, as required by s. 1002.91.
2690 (17)(18) By October 1 of each year, submit an annual report
2691 to the department office. The report must shall conform to the
2692 format adopted by the department office and must include:
2693 (a) Segregation of school readiness program funds,
2694 Voluntary Prekindergarten Education Program funds, Child Care
2695 Executive Partnership Program funds, and other local revenues
2696 available to the coalition.
2697 (b) Details of expenditures by fund source, including total
2698 expenditures for administrative activities, quality activities,
2699 nondirect services, and direct services for children.
2700 (c) The total number of coalition staff and the related
2701 expenditures for salaries and benefits. For any subcontracts,
2702 the total number of contracted staff and the related
2703 expenditures for salaries and benefits must be included.
2704 (d) The number of children served in the school readiness
2705 program, by provider type, enumerated by age and eligibility
2706 priority category, reported as the number of children served
2707 during the month, the average participation throughout the
2708 month, and the number of children served during the month.
2709 (e) The total number of children disenrolled during the
2710 year and the reasons for disenrollment.
2711 (f) The total number of providers by provider type.
2712 (g) A listing of any school readiness program provider, by
2713 type, whose eligibility to deliver the school readiness program
2714 is revoked, including a brief description of the state or
2715 federal violation that resulted in the revocation.
2716 (h) An evaluation of its direct enhancement services.
2717 (i) The total number of children served in each provider
2718 facility.
2719 (19)(a)(20) To increase transparency and accountability,
2720 comply with the requirements of this section before contracting
2721 with one or more of the following persons or business entities
2722 which employs, has a contractual relationship with, or is owned
2723 by the following persons:
2724 1. A member of the coalition appointed pursuant to s.
2725 1002.83(4);
2726 2. A board member of any other early learning subrecipient
2727 entity;
2728 3. A coalition employee; or
2729 4. A relative, as defined in s. 112.3143(1)(c), of any
2730 person identified in subparagraphs 1.-3 a coalition member or of
2731 an employee of the coalition.
2732 (b) Such contracts may not be executed without the approval
2733 of the department office. Such contracts, as well as
2734 documentation demonstrating adherence to this section by the
2735 coalition, must be approved by a two-thirds vote of the
2736 coalition, a quorum having been established; all conflicts of
2737 interest must be disclosed before the vote; and any member who
2738 may benefit from the contract, or whose relative may benefit
2739 from the contract, must abstain from the vote. A contract under
2740 $25,000 between an early learning coalition and a member of that
2741 coalition or between a relative, as defined in s.
2742 112.3143(1)(c), of a coalition member or of an employee of the
2743 coalition is not required to have the prior approval of the
2744 department office but must be approved by a two-thirds vote of
2745 the coalition, a quorum having been established, and must be
2746 reported to the department office within 30 days after approval.
2747 If a contract cannot be approved by the department office, a
2748 review of the decision to disapprove the contract may be
2749 requested by the early learning coalition or other parties to
2750 the disapproved contract.
2751 Section 51. Section 1002.85, Florida Statutes, is amended
2752 to read:
2753 1002.85 Early learning coalition plans.—
2754 (1) The department office shall adopt rules prescribing the
2755 standardized format and required content of school readiness
2756 program plans as necessary for a coalition or other qualified
2757 entity to administer the school readiness program as provided in
2758 this part.
2759 (2) Each early learning coalition must biennially submit a
2760 school readiness program plan to the department office before
2761 the expenditure of funds. A coalition may not implement its
2762 school readiness program plan until it receives approval from
2763 the department office. A coalition may not implement any
2764 revision to its school readiness program plan until the
2765 coalition submits the revised plan to and receives approval from
2766 the department office. If the department office rejects a plan
2767 or revision, the coalition must continue to operate under its
2768 previously approved plan. The plan must include, but is not
2769 limited to:
2770 (a) The coalition’s operations, including its membership
2771 and business organization, and the coalition’s articles of
2772 incorporation and bylaws if the coalition is organized as a
2773 corporation. If the coalition is not organized as a corporation
2774 or other business entity, the plan must include the contract
2775 with a fiscal agent.
2776 (b) The minimum number of children to be served by care
2777 level.
2778 (c) The coalition’s procedures for implementing the
2779 requirements of this part, including:
2780 1. Single point of entry.
2781 2. Uniform waiting list.
2782 3. Eligibility and enrollment processes and local
2783 eligibility priorities for children pursuant to s. 1002.87.
2784 4. Parent access and choice.
2785 5. Sliding fee scale and policies on applying the waiver or
2786 reduction of fees in accordance with s. 1002.84(8).
2787 6. Use of preassessments and postassessments, as
2788 applicable.
2789 7. Payment rate schedule.
2790 8. Use of contracted slots, as applicable, based on the
2791 results of the assessment required under paragraph (j).
2792 (d) A detailed description of the coalition’s quality
2793 activities and services, including, but not limited to:
2794 1. Resource and referral and school-age child care.
2795 2. Infant and toddler early learning.
2796 3. Inclusive early learning programs.
2797 4. Quality improvement strategies that strengthen teaching
2798 practices and increase child outcomes.
2799 (e) A detailed budget that outlines estimated expenditures
2800 for state, federal, and local matching funds at the lowest level
2801 of detail available by other-cost-accumulator code number; all
2802 estimated sources of revenue with identifiable descriptions; a
2803 listing of full-time equivalent positions; contracted
2804 subcontractor costs with related annual compensation amount or
2805 hourly rate of compensation; and a capital improvements plan
2806 outlining existing fixed capital outlay projects and proposed
2807 capital outlay projects that will begin during the budget year.
2808 (f) A detailed accounting, in the format prescribed by the
2809 department office, of all revenues and expenditures during the
2810 previous state fiscal year. Revenue sources should be
2811 identifiable, and expenditures should be reported by three
2812 categories: state and federal funds, local matching funds, and
2813 Child Care Executive Partnership Program funds.
2814 (g) Updated policies and procedures, including those
2815 governing procurement, maintenance of tangible personal
2816 property, maintenance of records, information technology
2817 security, and disbursement controls.
2818 (h) A description of the procedures for monitoring school
2819 readiness program providers, including in response to a parental
2820 complaint, to determine that the standards prescribed in ss.
2821 1002.82 and 1002.88 are met using a standard monitoring tool
2822 adopted by the department office. Providers determined to be
2823 high risk by the coalition as demonstrated by substantial
2824 findings of violations of law shall be monitored more
2825 frequently.
2826 (i) Documentation that the coalition has solicited and
2827 considered comments regarding the proposed school readiness
2828 program plan from the local community.
2829 (j) An assessment of local priorities within the county or
2830 multicounty region based on the needs of families and provider
2831 capacity using available community data.
2832 (3) The coalition may periodically amend its plan as
2833 necessary. An amended plan must be submitted to and approved by
2834 the department office before any expenditures are incurred on
2835 the new activities proposed in the amendment.
2836 (4) The department office shall publish a copy of the
2837 standardized format and required content of school readiness
2838 program plans on its website.
2839 (5) The department office shall collect and report data on
2840 coalition delivery of early learning programs. Elements must
2841 shall include, but need not be are not limited to, measures
2842 related to progress towards reducing the number of children on
2843 the waiting list, the percentage of children served by the
2844 program as compared to the number of administrative staff and
2845 overhead, the percentage of children served compared to total
2846 number of children under the age of 5 years below 150 percent of
2847 the federal poverty level, provider payment processes, fraud
2848 intervention, child attendance and stability, use of child care
2849 resource and referral, and kindergarten readiness outcomes for
2850 children in the Voluntary Prekindergarten Education Program or
2851 the school readiness program upon entry into kindergarten. The
2852 department office shall request input from the coalitions and
2853 school readiness program providers before finalizing the format
2854 and data to be used. The report shall be implemented beginning
2855 July 1, 2014, and results of the report must be included in the
2856 annual report under s. 1002.82.
2857 Section 52. Paragraphs (a), (b), (c), (e), (f), (m), (n),
2858 (p), and (q) of subsection (1) and subsection (3) of section
2859 1002.88, Florida Statutes, are amended, and paragraph (s) is
2860 added to subsection (1) of that section, to read:
2861 1002.88 School readiness program provider standards;
2862 eligibility to deliver the school readiness program.—
2863 (1) To be eligible to deliver the school readiness program,
2864 a school readiness program provider must:
2865 (a) Be a child care facility licensed under s. 402.305, a
2866 family day care home licensed or registered under s. 402.313, a
2867 large family child care home licensed under s. 402.3131, a
2868 public school or nonpublic school exempt from licensure under s.
2869 402.3025, a faith-based child care provider exempt from
2870 licensure under s. 402.316, a before-school or after-school
2871 program described in s. 402.305(1)(c), a child development
2872 program operating on a military installation that is certified
2873 by the United States Department of Defense and accredited by a
2874 national accrediting body, or an informal child care provider to
2875 the extent authorized in the state’s Child Care and Development
2876 Fund Plan as approved by the United States Department of Health
2877 and Human Services pursuant to 45 C.F.R. s. 98.18, or a provider
2878 who has been issued a provisional license pursuant to s.
2879 402.309. A provider may not deliver the program while its
2880 license has been converted to a probation-status license
2881 pursuant to s. 402.310.
2882 (b) Provide instruction and activities to enhance the age
2883 appropriate progress of each child in attaining the child
2884 development standards adopted by the department office pursuant
2885 to s. 1002.82(2)(j). A provider should include activities to
2886 foster brain development in infants and toddlers; provide an
2887 environment that is rich in language and music and filled with
2888 objects of various colors, shapes, textures, and sizes to
2889 stimulate visual, tactile, auditory, and linguistic senses; and
2890 include 30 minutes of reading to children each day.
2891 (c) Provide basic health and safety of its premises and
2892 facilities and compliance with requirements for age-appropriate
2893 immunizations of children enrolled in the school readiness
2894 program.
2895 1. For a provider that is licensed, compliance with s.
2896 402.305, s. 402.3131, or s. 402.313 and this subsection, as
2897 verified pursuant to s. 402.311, satisfies this requirement.
2898 2. For a provider that is a registered family day care home
2899 or is not subject to licensure or registration by the Department
2900 of Children and Families, compliance with this subsection, as
2901 verified pursuant to s. 402.311, satisfies this requirement.
2902 Upon verification pursuant to s. 402.311, the provider shall
2903 annually post the health and safety checklist adopted by the
2904 department office prominently on its premises in plain sight for
2905 visitors and parents and shall annually submit the checklist to
2906 its local early learning coalition.
2907 3. For a child development program operating on a military
2908 installation that is certified by the United States Department
2909 of Defense and accredited by a national accrediting body, the
2910 submission and verification of annual inspections pursuant to
2911 United States Department of Defense Instructions 6060.2 and
2912 1402.05 satisfy this requirement.
2913 (e) Employ child care personnel, as defined in s.
2914 402.302(3), who have satisfied the screening requirements of
2915 chapter 402 and fulfilled the training requirements of the
2916 department office.
2917 (f) Implement one of the curricula approved by the
2918 department office that meets the child development standards.
2919 (m) For a provider that is not an informal provider,
2920 maintain general liability insurance and provide the coalition
2921 with written evidence of general liability insurance coverage,
2922 including coverage for transportation of children if school
2923 readiness program children are transported by the provider. A
2924 provider must obtain and retain an insurance policy that
2925 provides a minimum of $100,000 of coverage per occurrence and a
2926 minimum of $300,000 general aggregate coverage. The department
2927 office may authorize lower limits upon request, as appropriate.
2928 A provider must add the coalition as a named certificateholder
2929 and as an additional insured. A provider must provide the
2930 coalition with a minimum of 10 calendar days’ advance written
2931 notice of cancellation of or changes to coverage. The general
2932 liability insurance required by this paragraph must remain in
2933 full force and effect for the entire period of the provider
2934 contract with the coalition.
2935 (n) For a provider that is an informal provider, comply
2936 with the provisions of paragraph (m) or maintain homeowner’s
2937 liability insurance and, if applicable, a business rider. If an
2938 informal provider chooses to maintain a homeowner’s policy, the
2939 provider must obtain and retain a homeowner’s insurance policy
2940 that provides a minimum of $100,000 of coverage per occurrence
2941 and a minimum of $300,000 general aggregate coverage. The
2942 department office may authorize lower limits upon request, as
2943 appropriate. An informal provider must add the coalition as a
2944 named certificateholder and as an additional insured. An
2945 informal provider must provide the coalition with a minimum of
2946 10 calendar days’ advance written notice of cancellation of or
2947 changes to coverage. The general liability insurance required by
2948 this paragraph must remain in full force and effect for the
2949 entire period of the provider’s contract with the coalition.
2950 (p) Notwithstanding paragraph (m), for a provider that is a
2951 state agency or a subdivision thereof, as defined in s.
2952 768.28(2), agree to notify the coalition of any additional
2953 liability coverage maintained by the provider in addition to
2954 that otherwise established under s. 768.28. The provider shall
2955 indemnify the coalition to the extent permitted by s. 768.28.
2956 Notwithstanding paragraph (m), for a child development program
2957 operating on a military installation that is certified by the
2958 United States Department of Defense and accredited by a national
2959 accrediting body, the provider may demonstrate liability
2960 coverage by affirming that it is subject to the Federal Tort
2961 Claims Act, 28 U.S.C. ss. 2671 et seq.
2962 (q) Execute the standard statewide provider contract
2963 adopted by the department office.
2964 (s) Collect all parent copayment fees unless a waiver has
2965 been granted under s. 1002.84(8).
2966 (3) The department office and the coalitions may not:
2967 (a) Impose any requirement on a child care provider or
2968 early childhood education provider that does not deliver
2969 services under the school readiness program or receive state or
2970 federal funds under this part;
2971 (b) Impose any requirement on a school readiness program
2972 provider that exceeds the authority provided under this part or
2973 part V of this chapter or rules adopted pursuant to this part or
2974 part V of this chapter; or
2975 (c) Require a provider to administer a preassessment or
2976 postassessment or, after its implementation, the program
2977 assessment required under s. 1002.67.
2978 Section 53. Subsections (3) through (7) of section 1002.89,
2979 Florida Statutes, are renumbered as subsections (2) through (6),
2980 respectively, and subsections (2), (3), and (6) of that section
2981 are amended, to read:
2982 1002.89 School readiness program; funding.—
2983 (2) The office shall administer school readiness program
2984 funds and prepare and submit a unified budget request for the
2985 school readiness program in accordance with chapter 216.
2986 (3) All instructions to early learning coalitions for
2987 administering this section shall emanate from the department
2988 office in accordance with the policies of the Legislature.
2989 (5)(6) Costs shall be kept to the minimum necessary for the
2990 efficient and effective administration of the school readiness
2991 program with the highest priority of expenditure being direct
2992 services for eligible children. However, no more than 5 percent
2993 of the funds described in subsection (4) subsection (5) may be
2994 used for administrative costs and no more than 22 percent of the
2995 funds described in subsection (4) subsection (5) may be used in
2996 any fiscal year for any combination of administrative costs,
2997 quality activities, and nondirect services as follows:
2998 (a) Administrative costs as described in 45 C.F.R. s.
2999 98.52, which shall include monitoring providers using the
3000 standard methodology adopted under s. 1002.82 to improve
3001 compliance with state and federal regulations and law pursuant
3002 to the requirements of the statewide provider contract adopted
3003 under s. 1002.82(2)(m).
3004 (b) Activities to improve the quality of child care as
3005 described in 45 C.F.R. s. 98.51, which shall be limited to the
3006 following:
3007 1. Developing, establishing, expanding, operating, and
3008 coordinating resource and referral programs specifically related
3009 to the provision of comprehensive consumer education to parents
3010 and the public to promote informed child care choices specified
3011 in 45 C.F.R. s. 98.33.
3012 2. Awarding grants and providing financial support to
3013 school readiness program providers and their staff to assist
3014 them in meeting applicable state requirements for the program
3015 assessment required under s. 1002.82(2)(n), child care
3016 performance standards, implementing developmentally appropriate
3017 curricula and related classroom resources that support
3018 curricula, providing literacy supports, and providing continued
3019 professional development and training. Any grants awarded
3020 pursuant to this subparagraph shall comply with ss. 215.971 and
3021 287.058.
3022 3. Providing training, technical assistance, and financial
3023 support to school readiness program providers, staff, and
3024 parents on standards, child screenings, child assessments, child
3025 development research and best practices, developmentally
3026 appropriate curricula, character development, teacher-child
3027 interactions, age-appropriate discipline practices, health and
3028 safety, nutrition, first aid, cardiopulmonary resuscitation, the
3029 recognition of communicable diseases, and child abuse detection,
3030 prevention, and reporting.
3031 4. Providing, from among the funds provided for the
3032 activities described in subparagraphs 1.-3., adequate funding
3033 for infants and toddlers as necessary to meet federal
3034 requirements related to expenditures for quality activities for
3035 infant and toddler care.
3036 5. Improving the monitoring of compliance with, and
3037 enforcement of, applicable state and local requirements as
3038 described in and limited by 45 C.F.R. s. 98.40.
3039 6. Responding to Warm-Line requests by providers and
3040 parents, including providing developmental and health screenings
3041 to school readiness program children.
3042 (c) Nondirect services as described in applicable Office of
3043 Management and Budget instructions are those services not
3044 defined as administrative, direct, or quality services that are
3045 required to administer the school readiness program. Such
3046 services include, but are not limited to:
3047 1. Assisting families to complete the required application
3048 and eligibility documentation.
3049 2. Determining child and family eligibility.
3050 3. Recruiting eligible child care providers.
3051 4. Processing and tracking attendance records.
3052 5. Developing and maintaining a statewide child care
3053 information system.
3054
3055 As used in this paragraph, the term “nondirect services” does
3056 not include payments to school readiness program providers for
3057 direct services provided to children who are eligible under s.
3058 1002.87, administrative costs as described in paragraph (a), or
3059 quality activities as described in paragraph (b).
3060 Section 54. Subsection (1), paragraph (a) of subsection
3061 (2), and subsections (4), (5), and (6) of section 1002.895,
3062 Florida Statutes, are amended to read:
3063 1002.895 Market rate schedule.—The school readiness program
3064 market rate schedule shall be implemented as follows:
3065 (1) The department office shall establish procedures for
3066 the adoption of a market rate schedule. The schedule must
3067 include, at a minimum, county-by-county rates:
3068 (a) The market rate, including the minimum and the maximum
3069 rates for child care providers that hold a Gold Seal Quality
3070 Care designation under s. 1002.945 and adhere to its accrediting
3071 association’s teacher-to-child ratios and group size
3072 requirements s. 402.281.
3073 (b) The market rate for child care providers that do not
3074 hold a Gold Seal Quality Care designation.
3075 (2) The market rate schedule, at a minimum, must:
3076 (a) Differentiate rates by type, including, but not limited
3077 to, a child care provider that holds a Gold Seal Quality Care
3078 designation under s. 1002.945 and adheres to its accrediting
3079 association’s teacher-to-child ratios and group size
3080 requirements s. 402.281, a child care facility licensed under s.
3081 402.305, a public or nonpublic school exempt from licensure
3082 under s. 402.3025, a faith-based child care facility exempt from
3083 licensure under s. 402.316 that does not hold a Gold Seal
3084 Quality Care designation, a large family child care home
3085 licensed under s. 402.3131, or a family day care home licensed
3086 or registered under s. 402.313.
3087 (4) The market rate schedule shall be considered by the
3088 Early Learning Program Estimating Conference under s. 216.136(8)
3089 an early learning coalition in the adoption of a payment
3090 schedule. The payment schedule must take into consideration the
3091 prevailing average market rate, include the projected number of
3092 children to be served by each county, and be submitted for
3093 approval by the office. Informal child care arrangements shall
3094 be reimbursed at not more than 50 percent of the rate adopted
3095 for a family day care home.
3096 (5) The department office may contract with one or more
3097 qualified entities to administer this section and provide
3098 support and technical assistance for child care providers.
3099 (6) The State Board of Education office may adopt rules for
3100 establishing procedures for the collection of child care
3101 providers’ market rate, the calculation of the prevailing
3102 average market rate by program care level and provider type in a
3103 predetermined geographic market, and the publication of the
3104 market rate schedule.
3105 Section 55. Section 1002.91, Florida Statutes, is amended
3106 to read:
3107 1002.91 Investigations of fraud or overpayment; penalties.—
3108 (1) As used in this subsection, the term “fraud” means an
3109 intentional deception, omission, or misrepresentation made by a
3110 person with knowledge that the deception, omission, or
3111 misrepresentation may result in unauthorized benefit to that
3112 person or another person, or any aiding and abetting of the
3113 commission of such an act. The term includes any act that
3114 constitutes fraud under applicable federal or state law.
3115 (2) To recover state, federal, and local matching funds,
3116 the department office shall investigate early learning
3117 coalitions, recipients, and providers of the school readiness
3118 program and the Voluntary Prekindergarten Education Program to
3119 determine possible fraud or overpayment. If by its own
3120 inquiries, or as a result of a complaint, the department office
3121 has reason to believe that a person, coalition, or provider has
3122 engaged in, or is engaging in, a fraudulent act, it shall
3123 investigate and determine whether any overpayment has occurred
3124 due to the fraudulent act. During the investigation, the
3125 department office may examine all records, including electronic
3126 benefits transfer records, and make inquiry of all persons who
3127 may have knowledge as to any irregularity incidental to the
3128 disbursement of public moneys or other items or benefits
3129 authorizations to recipients.
3130 (3) Based on the results of the investigation, the
3131 department office may, in its discretion, refer the
3132 investigation to the Department of Financial Services for
3133 criminal investigation or refer the matter to the applicable
3134 coalition. Any suspected criminal violation identified by the
3135 department office must be referred to the Department of
3136 Financial Services for criminal investigation.
3137 (4) An early learning coalition may suspend or terminate a
3138 provider from participation in the school readiness program or
3139 the Voluntary Prekindergarten Education Program when it has
3140 reasonable cause to believe that the provider has committed
3141 fraud. The State Board of Education office shall adopt by rule
3142 appropriate due process procedures that the early learning
3143 coalition shall apply in suspending or terminating any provider,
3144 including the suspension or termination of payment. If
3145 suspended, the provider shall remain suspended until the
3146 completion of any investigation by the department office, the
3147 Department of Financial Services, or any other state or federal
3148 agency, and any subsequent prosecution or other legal
3149 proceeding.
3150 (5) If a school readiness program provider or a Voluntary
3151 Prekindergarten Education Program provider, or an owner,
3152 officer, or director thereof, is convicted of, found guilty of,
3153 or pleads guilty or nolo contendere to, regardless of
3154 adjudication, public assistance fraud pursuant to s. 414.39, or
3155 is acting as the beneficial owner for someone who has been
3156 convicted of, found guilty of, or pleads guilty or nolo
3157 contendere to, regardless of adjudication, public assistance
3158 fraud pursuant to s. 414.39, the early learning coalition shall
3159 refrain from contracting with, or using the services of, that
3160 provider for a period of 5 years. In addition, the coalition
3161 shall refrain from contracting with, or using the services of,
3162 any provider that shares an officer or director with a provider
3163 that is convicted of, found guilty of, or pleads guilty or nolo
3164 contendere to, regardless of adjudication, public assistance
3165 fraud pursuant to s. 414.39 for a period of 5 years.
3166 (6) If the investigation is not confidential or otherwise
3167 exempt from disclosure by law, the results of the investigation
3168 may be reported by the department office to the appropriate
3169 legislative committees, the Department of Children and Families,
3170 and such other persons as the department office deems
3171 appropriate.
3172 (7) The early learning coalition may not contract with a
3173 school readiness program provider or a Voluntary Prekindergarten
3174 Education Program provider who is on the United States
3175 Department of Agriculture National Disqualified List. In
3176 addition, the coalition may not contract with any provider that
3177 shares an officer or director with a provider that is on the
3178 United States Department of Agriculture National Disqualified
3179 List.
3180 (8) Each early learning coalition shall adopt an anti-fraud
3181 plan addressing the detection and prevention of overpayments,
3182 abuse, and fraud relating to the provision of and payment for
3183 school readiness program and Voluntary Prekindergarten Education
3184 Program services and submit the plan to the department office
3185 for approval. The State Board of Education office shall adopt
3186 rules establishing criteria for the anti-fraud plan, including
3187 appropriate due process provisions. The anti-fraud plan must
3188 include, at a minimum:
3189 (a) A written description or chart outlining the
3190 organizational structure of the plan’s personnel who are
3191 responsible for the investigation and reporting of possible
3192 overpayment, abuse, or fraud.
3193 (b) A description of the plan’s procedures for detecting
3194 and investigating possible acts of fraud, abuse, or overpayment.
3195 (c) A description of the plan’s procedures for the
3196 mandatory reporting of possible overpayment, abuse, or fraud to
3197 the Office of Inspector General within the department office.
3198 (d) A description of the plan’s program and procedures for
3199 educating and training personnel on how to detect and prevent
3200 fraud, abuse, and overpayment.
3201 (e) A description of the plan’s procedures, including the
3202 appropriate due process provisions adopted by the department
3203 office for suspending or terminating from the school readiness
3204 program or the Voluntary Prekindergarten Education Program a
3205 recipient or provider who the early learning coalition believes
3206 has committed fraud.
3207 (9) A person who commits an act of fraud as defined in this
3208 section is subject to the penalties provided in s. 414.39(5)(a)
3209 and (b).
3210 Section 56. Subsections (1) and (2) and paragraph (a) of
3211 subsection (3) of section 1002.92, Florida Statutes, are amended
3212 to read:
3213 1002.92 Child care and early childhood resource and
3214 referral.—
3215 (1) As a part of the school readiness program, the
3216 department office shall establish a statewide child care
3217 resource and referral network that is unbiased and provides
3218 referrals to families for child care and information on
3219 available community resources. Preference shall be given to
3220 using early learning coalitions as the child care resource and
3221 referral agencies. If an early learning coalition cannot comply
3222 with the requirements to offer the resource information
3223 component or does not want to offer that service, the early
3224 learning coalition shall select the resource and referral agency
3225 for its county or multicounty region based upon the procurement
3226 requirements of s. 1002.84(12).
3227 (2) At least one child care resource and referral agency
3228 must be established in each early learning coalition’s county or
3229 multicounty region. The State Board of Education office shall
3230 adopt rules regarding accessibility of child care resource and
3231 referral services offered through child care resource and
3232 referral agencies in each county or multicounty region which
3233 include, at a minimum, required hours of operation, methods by
3234 which parents may request services, and child care resource and
3235 referral staff training requirements.
3236 (3) Child care resource and referral agencies shall provide
3237 the following services:
3238 (a) Identification of existing public and private child
3239 care and early childhood education services, including child
3240 care services by public and private employers, and the
3241 development of a resource file of those services through the
3242 single statewide information system developed by the department
3243 office under s. 1002.82(2)(q) s. 1002.82(2)(p). These services
3244 may include family day care, public and private child care
3245 programs, the Voluntary Prekindergarten Education Program, Head
3246 Start, the school readiness program, special education programs
3247 for prekindergarten children with disabilities, services for
3248 children with developmental disabilities, full-time and part
3249 time programs, before-school and after-school programs, vacation
3250 care programs, parent education, the temporary cash assistance
3251 program, and related family support services. The resource file
3252 shall include, but not be limited to:
3253 1. Type of program.
3254 2. Hours of service.
3255 3. Ages of children served.
3256 4. Number of children served.
3257 5. Program information.
3258 6. Fees and eligibility for services.
3259 7. Availability of transportation.
3260 Section 57. Subsection (1) of section 1002.93, Florida
3261 Statutes, is amended to read:
3262 1002.93 School readiness program transportation services.—
3263 (1) The department office may authorize an early learning
3264 coalition to establish school readiness program transportation
3265 services for children at risk of abuse or neglect who are
3266 participating in the school readiness program, pursuant to
3267 chapter 427. The early learning coalitions may contract for the
3268 provision of transportation services as required by this
3269 section.
3270 Section 58. Subsection (2), paragraphs (b) and (c) of
3271 subsection (3), and subsection (4) of section 1002.94, Florida
3272 Statutes, are amended to read:
3273 1002.94 Child Care Executive Partnership Program.—
3274 (2) The Child Care Executive Partnership, staffed by the
3275 department office, shall consist of a representative of the
3276 Executive Office of the Governor and nine members of the
3277 corporate or child care community, appointed by the Governor.
3278 (a) Members shall serve for a period of 4 years, except
3279 that the representative of the Executive Office of the Governor
3280 shall serve at the pleasure of the Governor.
3281 (b) The Child Care Executive Partnership shall be chaired
3282 by a member chosen by a majority vote and shall meet at least
3283 quarterly and at other times upon the call of the chair. The
3284 Child Care Executive Partnership may use any method of
3285 telecommunications to conduct meetings, including establishing a
3286 quorum through telecommunications, only if the public is given
3287 proper notice of a telecommunications meeting and reasonable
3288 access to observe and, when appropriate, participate.
3289 (c) Members shall serve without compensation, but may be
3290 reimbursed for per diem and travel expenses in accordance with
3291 s. 112.061.
3292 (d) The Child Care Executive Partnership shall have all the
3293 powers and authority, not explicitly prohibited by law,
3294 necessary to carry out and effectuate the purposes of this
3295 section, as well as the functions, duties, and responsibilities
3296 of the partnership, including, but not limited to, the
3297 following:
3298 1. Making recommendations concerning the implementation and
3299 coordination of the school readiness program.
3300 2. Soliciting, accepting, receiving, investing, and
3301 expending funds from public or private sources.
3302 3. Contracting with public or private entities as
3303 necessary.
3304 4. Approving an annual budget.
3305 5. Providing a report to the Governor, the Speaker of the
3306 House of Representatives, and the President of the Senate on or
3307 before December 1 of each year.
3308
3309 Notwithstanding this subsection, the corporate body politic
3310 previously established by prior law is the corporate body
3311 politic for purposes of this section and shall continue in
3312 existence. All member terms of the existing corporate body
3313 politic expire as of June 30, 2013, and new members shall be
3314 appointed beginning July 1, 2013, in accordance with this
3315 subsection.
3316 (3)
3317 (b) To ensure a seamless service delivery and ease of
3318 access for families, the department office shall administer the
3319 child care purchasing pool funds.
3320 (c) The department office, in conjunction with the Child
3321 Care Executive Partnership, shall develop procedures for
3322 disbursement of funds through the child care purchasing pools.
3323 In order to be considered for funding, an early learning
3324 coalition or the department office must commit to:
3325 1. Matching the state purchasing pool funds on a dollar
3326 for-dollar basis.
3327 2. Expending only those public funds that are matched by
3328 employers, local government, and other matching contributors who
3329 contribute to the purchasing pool. Parents shall also pay a fee,
3330 which may not be less than the amount identified in the early
3331 learning coalition’s school readiness program sliding fee scale.
3332 (4) The State Board of Education office may adopt any rules
3333 necessary for the implementation and administration of this
3334 section.
3335 Section 59. Section 1002.945, Florida Statutes, is created
3336 to read:
3337 1002.945 Gold Seal Quality Care Program.— The Gold Seal
3338 Quality Care Program is established within the department.
3339 (1) A child care facility, large family child care home, or
3340 family day care home that is accredited by an accrediting
3341 association approved by the department under subsection (3) and
3342 meets all other requirements shall, upon application to the
3343 department, receive a separate “Gold Seal Quality Care”
3344 designation.
3345 (2) The State Board of Education shall adopt rules
3346 establishing Gold Seal Quality Care accreditation standards
3347 using nationally recognized accrediting standards as well as
3348 input from accrediting associations.
3349 (3)(a) In order to be approved by the department for
3350 participation in the Gold Seal Quality Care Program, an
3351 accrediting association must apply to the department and
3352 demonstrate that it:
3353 1. Is a recognized accrediting association.
3354 2. Has accrediting standards that substantially meet or
3355 exceed the Gold Seal Quality Care standards adopted by the state
3356 board under subsection (2).
3357 3. Is a registered corporation with the Department of
3358 State.
3359 4. Can provide evidence that the process for accreditation
3360 has, at a minimum, the following components:
3361 a. Clearly defined prerequisites that a child care provider
3362 must meet before beginning the accreditation process;
3363 b. Procedures for completion of a self-study and a
3364 comprehensive onsite verification process for each classroom
3365 that documents compliance with accrediting standards;
3366 c. A training process for accreditation verifiers to ensure
3367 inter-rater reliability;
3368 d. Ongoing compliance procedures to include completion of
3369 an audit and filing of an annual report with the department;
3370 e. Accreditation renewal procedures that include onsite
3371 verification at least every 3 years;
3372 f. A process for verifying continued accreditation
3373 compliance in the event of a transfer of ownership of
3374 facilities;
3375 g. Procedures for the revocation of accreditation due to
3376 failure to maintain accrediting standards; and
3377 h. A process to communicate issues that arise during the
3378 accreditation period with government entities that have a vested
3379 interest in the Gold Seal Quality Care Program, including the
3380 department, the Department of Children and Families, the
3381 Department of Health, applicable local licensing entities, and
3382 the early learning coalition.
3383 (b) Any accrediting association that does not comply with
3384 the processes and procedures submitted and approved by the
3385 department must be removed as a recognized accrediting
3386 association for a period of at least 2 years but no more than 5
3387 years. If an accrediting association is removed from being an
3388 approved accrediting association, each child care provider
3389 accredited by that association has up to 1 year to obtain a new
3390 accreditation from the remaining department approved
3391 accreditation associations.
3392 (4) In order to obtain and maintain a designation as a Gold
3393 Seal Quality Care provider, a child care facility, large family
3394 child care home, or family day care home must meet the following
3395 additional criteria:
3396 (a) The child care provider may not have had any Class I
3397 violations, as defined by rule by the Department of Children and
3398 Families, within the 2 years preceding its application for
3399 designation as a Gold Seal Quality Care provider. Commission of
3400 a Class I violation is grounds for termination of the
3401 designation as a Gold Seal Quality Care provider until the
3402 provider has not had any Class I violations for a period of 2
3403 years.
3404 (b) The child care provider may not have had three or more
3405 Class II violations, as defined by rule by the Department of
3406 Children and Families, within the 2 years preceding its
3407 application for designation as a Gold Seal Quality Care
3408 provider. Commission of three or more Class II violations within
3409 a 2-year period is grounds for termination of the designation as
3410 a Gold Seal Quality Care provider until the provider has not had
3411 any Class II violations for a period of 1 year.
3412 (c) The child care provider may not have been cited for the
3413 same Class III violation, as defined by rule by the Department
3414 of Children and Families, three or more times and failed to
3415 correct the violation within 1 year after the date of each
3416 citation, within the 2 years preceding its application for
3417 designation as a Gold Seal Quality Care provider. Commission of
3418 the same Class III violation three or more times and failure to
3419 correct within the required time during a 2-year period is
3420 grounds for termination of the designation until the provider
3421 has not had any Class III violations for a period of 1 year.
3422 (5) A child care facility licensed under s. 402.305 or a
3423 child care facility exempt from licensing under s. 402.316 that
3424 achieves Gold Seal Quality Care status pursuant to this section
3425 is considered an educational institution for the purpose of
3426 qualifying for exemption from ad valorem tax under s. 196.198.
3427 (6) A child care facility licensed under s. 402.305 or a
3428 child care facility exempt from licensing under s. 402.316 that
3429 achieves Gold Seal Quality Care status pursuant to this section
3430 and that participates in the school readiness program must
3431 receive a minimum of a 20 percent rate differential for each
3432 enrolled school readiness child by care level and unit of child
3433 care. The Early Learning Programs Estimating Conference under s.
3434 216.136(8) may determine a higher rate differential above 20
3435 percent for a school readiness program that maintains group size
3436 and teacher-to-child ratios in accordance with its accrediting
3437 body standards as a function of setting payment rates, but the
3438 rate differential may not exceed 40 percent for each enrolled
3439 school readiness child by care level and unit of child care.
3440 (7) The State Board of Education shall adopt rules under
3441 ss. 120.536(1) and 120.54 which provide criteria and procedures
3442 for reviewing and approving accrediting associations for
3443 participation in the Gold Seal Quality Care Program, and
3444 conferring and revoking Gold Seal Quality Care provider
3445 designations.
3446 Section 60. Section 1002.95, Florida Statutes, is amended
3447 to read:
3448 1002.95 Teacher Education and Compensation Helps (TEACH)
3449 scholarship program.—
3450 (1) The department office may contract for the
3451 administration of the Teacher Education and Compensation Helps
3452 (TEACH) scholarship program, which provides educational
3453 scholarships to caregivers and administrators of early childhood
3454 programs, family day care homes, and large family child care
3455 homes. The goal of the program is to increase the education and
3456 training for caregivers, increase the compensation for child
3457 caregivers who complete the program requirements, and reduce the
3458 rate of participant turnover in the field of early childhood
3459 education.
3460 (2) The State Board of Education office shall adopt rules
3461 as necessary to administer this section.
3462 Section 61. Subsections (1) and (3) of section 1002.96,
3463 Florida Statutes, are amended to read:
3464 1002.96 Early Head Start collaboration grants.—
3465 (1) Contingent upon specific appropriation, the department
3466 office shall establish a program to award collaboration grants
3467 to assist local agencies in securing Early Head Start programs
3468 through Early Head Start program federal grants. The
3469 collaboration grants shall provide the required matching funds
3470 for public and private nonprofit agencies that have been
3471 approved for Early Head Start program federal grants.
3472 (3) The State Board of Education office may adopt rules as
3473 necessary for the award of collaboration grants to competing
3474 agencies and the administration of the collaboration grants
3475 program under this section.
3476 Section 62. Subsection (1) and paragraph (g) of subsection
3477 (3) of section 1002.97, Florida Statutes, are amended to read:
3478 1002.97 Records of children in the school readiness
3479 program.—
3480 (1) The individual records of children enrolled in the
3481 school readiness program provided under this part, held by an
3482 early learning coalition or the department office, are
3483 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
3484 of the State Constitution. For purposes of this section, records
3485 include assessment data, health data, records of teacher
3486 observations, and personal identifying information.
3487 (3) School readiness program records may be released to:
3488 (g) Parties to an interagency agreement among early
3489 learning coalitions, local governmental agencies, providers of
3490 the school readiness program, state agencies, and the department
3491 office for the purpose of implementing the school readiness
3492 program.
3493
3494 Agencies, organizations, or individuals that receive school
3495 readiness program records in order to carry out their official
3496 functions must protect the data in a manner that does not permit
3497 the personal identification of a child enrolled in a school
3498 readiness program and his or her parent by persons other than
3499 those authorized to receive the records.
3500 Section 63. Subsections (1) and (3) of section 1002.995,
3501 Florida Statutes, are amended to read:
3502 1002.995 Early learning professional development standards
3503 and career pathways.—
3504 (1) The department office shall:
3505 (a) Develop early learning professional development
3506 training and course standards to be utilized for school
3507 readiness program providers.
3508 (b) Identify both formal and informal early learning career
3509 pathways with stackable credentials and certifications that
3510 allow early childhood teachers to access specialized
3511 professional development that:
3512 1. Strengthens knowledge and teaching practices.
3513 2. Aligns to established professional standards and core
3514 competencies.
3515 3. Provides a progression of attainable, competency-based
3516 stackable credentials and certifications.
3517 4. Improves outcomes for children to increase kindergarten
3518 readiness and early grade success.
3519 (3) The State Board of Education office shall adopt rules
3520 to administer this section.
3521 Section 64. Subsection (3) of section 1003.575, Florida
3522 Statutes, is amended to read:
3523 1003.575 Assistive technology devices; findings;
3524 interagency agreements.—Accessibility, utilization, and
3525 coordination of appropriate assistive technology devices and
3526 services are essential as a young person with disabilities moves
3527 from early intervention to preschool, from preschool to school,
3528 from one school to another, from school to employment or
3529 independent living, and from school to home and community. If an
3530 individual education plan team makes a recommendation in
3531 accordance with State Board of Education rule for a student with
3532 a disability, as defined in s. 1003.01(3), to receive an
3533 assistive technology assessment, that assessment must be
3534 completed within 60 school days after the team’s recommendation.
3535 To ensure that an assistive technology device issued to a young
3536 person as part of his or her individualized family support plan,
3537 individual support plan, individualized plan for employment, or
3538 individual education plan remains with the individual through
3539 such transitions, the following agencies shall enter into
3540 interagency agreements, as appropriate, to ensure the
3541 transaction of assistive technology devices:
3542 (3) The Voluntary Prekindergarten Education Program
3543 administered by the Department of Education and the Office of
3544 Early Learning.
3545
3546 Interagency agreements entered into pursuant to this section
3547 shall provide a framework for ensuring that young persons with
3548 disabilities and their families, educators, and employers are
3549 informed about the utilization and coordination of assistive
3550 technology devices and services that may assist in meeting
3551 transition needs, and shall establish a mechanism by which a
3552 young person or his or her parent may request that an assistive
3553 technology device remain with the young person as he or she
3554 moves through the continuum from home to school to postschool.
3555 Section 65. Section 1007.01, Florida Statutes, is amended
3556 to read:
3557 1007.01 Articulation; legislative intent; purpose; role of
3558 the State Board of Education and the Board of Governors;
3559 Articulation Coordinating Committee.—
3560 (1) It is the intent of the Legislature to facilitate
3561 articulation and seamless integration of the K-20 education
3562 system by building, sustaining, and strengthening relationships
3563 among Early Learning-20 K-20 public organizations, between
3564 public and private organizations, and between the education
3565 system as a whole and Florida’s communities. The purpose of
3566 building, sustaining, and strengthening these relationships is
3567 to provide for the efficient and effective progression and
3568 transfer of students within the education system and to allow
3569 students to proceed toward their educational objectives as
3570 rapidly as their circumstances permit. The Legislature further
3571 intends that articulation policies and budget actions be
3572 implemented consistently in the practices of the Department of
3573 Education and postsecondary educational institutions and
3574 expressed in the collaborative policy efforts of the State Board
3575 of Education and the Board of Governors.
3576 (2) To improve and facilitate articulation systemwide, the
3577 State Board of Education and the Board of Governors shall
3578 collaboratively establish and adopt policies with input from
3579 statewide K-20 advisory groups established by the Commissioner
3580 of Education and the Chancellor of the State University System
3581 and shall recommend the policies to the Legislature. The
3582 policies shall relate to:
3583 (a) The alignment between the exit requirements of one
3584 education system and the admissions requirements of another
3585 education system into which students typically transfer.
3586 (b) The identification of common courses, the level of
3587 courses, institutional participation in a statewide course
3588 numbering system, and the transferability of credits among such
3589 institutions.
3590 (c) Identification of courses that meet general education
3591 or common degree program prerequisite requirements at public
3592 postsecondary educational institutions.
3593 (d) Dual enrollment course equivalencies.
3594 (e) Articulation agreements.
3595 (3) The Commissioner of Education, in consultation with the
3596 Chancellor of the State University System, shall establish the
3597 Articulation Coordinating Committee, which shall make
3598 recommendations related to statewide articulation policies and
3599 issues regarding access, quality, and reporting of data
3600 maintained by the education K-20 data warehouse, established
3601 pursuant to ss. 1001.10 and 1008.31, to the Higher Education
3602 Coordination Council, the State Board of Education, and the
3603 Board of Governors. The committee shall consist of two members
3604 each representing the State University System, the Florida
3605 College System, public career and technical education, K-12
3606 education, and nonpublic postsecondary education and one member
3607 representing students. The chair shall be elected from the
3608 membership. The Office of K-20 Articulation shall provide
3609 administrative support for the committee. The committee shall:
3610 (a) Monitor the alignment between the exit requirements of
3611 one education system and the admissions requirements of another
3612 education system into which students typically transfer and make
3613 recommendations for improvement.
3614 (b) Propose guidelines for interinstitutional agreements
3615 between and among public schools, career and technical education
3616 centers, Florida College System institutions, state
3617 universities, and nonpublic postsecondary institutions.
3618 (c) Annually recommend dual enrollment course and high
3619 school subject area equivalencies for approval by the State
3620 Board of Education and the Board of Governors.
3621 (d) Annually review the statewide articulation agreement
3622 pursuant to s. 1007.23 and make recommendations for revisions.
3623 (e) Annually review the statewide course numbering system,
3624 the levels of courses, and the application of transfer credit
3625 requirements among public and nonpublic institutions
3626 participating in the statewide course numbering system and
3627 identify instances of student transfer and admissions
3628 difficulties.
3629 (f) Annually publish a list of courses that meet common
3630 general education and common degree program prerequisite
3631 requirements at public postsecondary institutions identified
3632 pursuant to s. 1007.25.
3633 (g) Foster timely collection and reporting of statewide
3634 education data to improve the Early Learning-20 K-20 education
3635 performance accountability system pursuant to ss. 1001.10 and
3636 1008.31, including, but not limited to, data quality,
3637 accessibility, and protection of student records.
3638 (h) Recommend roles and responsibilities of public
3639 education entities in interfacing with the single, statewide
3640 computer-assisted student advising system established pursuant
3641 to s. 1006.735.
3642 Section 66. Section 1008.2125, Florida Statutes, is created
3643 to read:
3644 1008.2125 Coordinated screening and progress-monitoring
3645 program for students in the Voluntary Prekindergarten Education
3646 Program through grade 3.—
3647 (1) The primary purpose of the coordinated screening and
3648 progress-monitoring program for students in the Voluntary
3649 Prekindergarten Education Program through grade 3 is to provide
3650 information on students’ progress in mastering the appropriate
3651 grade-level standards to parents, teachers, and school and
3652 program administrators. Data must be used by Voluntary
3653 Prekindergarten Education Program providers and school districts
3654 to improve instruction, by parents and teachers to guide
3655 learning objectives and provide timely and appropriate supports
3656 and interventions to students not meeting grade level
3657 expectations, and by the public to assess the cost benefit of
3658 the expenditure of taxpayer dollars. The program shall:
3659 (a) Assess the progress of students in the Voluntary
3660 Prekindergarten Education Program through grade 3 in meeting the
3661 appropriate expectations in early literacy and math skills and
3662 in English Language Arts and mathematics, as required by ss.
3663 1002.67(1)(a) and 1003.41.
3664 (b) Provide data for accountability of the Voluntary
3665 Prekindergarten Education Program, as required by s. 1002.68.
3666 (c) Provide baseline data to the department of each
3667 student’s readiness for kindergarten, which must be based on
3668 each kindergarten student’s progress-monitoring results within
3669 the first 30 days of enrollment in accordance with paragraph
3670 (2)(a).
3671 (d) Identify the educational strengths and needs of
3672 students in the Voluntary Prekindergarten Education Program
3673 through grade 3.
3674 (e) Provide teachers with progress-monitoring data to
3675 provide timely interventions and supports pursuant to s.
3676 1008.25(5).
3677 (f) Assess how well educational goals and curricular
3678 standards are met at the provider, school, district, and state
3679 levels.
3680 (g) Provide information to aid in the evaluation and
3681 development of educational programs and policies.
3682 (2) The Commissioner of Education shall design a statewide,
3683 standardized screening and progress-monitoring program to assess
3684 early literacy and mathematics skills and the English Language
3685 Arts and mathematics standards established in ss. 1002.67(1)(a)
3686 and 1003.41, respectively. The screening and progress-monitoring
3687 program must provide interval level and criterion-referenced
3688 data that measures equivalent levels of growth; be a
3689 developmentally appropriate, valid, and reliable direct
3690 assessment; be able to capture data on students who may be
3691 performing below grade or developmental level; accurately
3692 measure the core content in the applicable grade level standards
3693 and document learning gains for the achievement of these
3694 standards; and provide teachers with progress monitoring
3695 supports and materials that enhance differentiated instruction
3696 and parent communication. Participation in the screening and
3697 progress-monitoring program is mandatory for all students in the
3698 Voluntary Prekindergarten Education Program and in public
3699 schools. The coordinated screening and progress-monitoring
3700 program must be implemented beginning in the 2021-2022 school
3701 year, as follows:
3702 (a) The Voluntary Prekindergarten Education Program through
3703 grade 3 screening and progress-monitoring program must be
3704 administered within the first 30 days after enrollment, midyear,
3705 and within the last 30 days of the program or school year, in
3706 accordance with the rules adopted by the State Board of
3707 Education. The State Board of Education may adopt alternate
3708 timeframes to address nontraditional school year calendars or
3709 summer programs to ensure that of the Voluntary Prekindergarten
3710 Education Program through grade 3 screening and progress
3711 monitoring is administered at least 3 times within a year or the
3712 duration of a program.
3713 (b) The results of the Voluntary Prekindergarten Education
3714 Program through grade 3 screening and progress-monitoring
3715 program must be reported to the department in accordance with
3716 rule of the State Board of Education, and maintained in the
3717 department’s Education Data Warehouse.
3718 (3) The Commissioner of Education shall:
3719 (a) Develop a plan, in coordination with the Council for
3720 Early Grade Success, for implementing the Voluntary
3721 Prekindergarten Education Program through grade 3 screening and
3722 progress-monitoring program in consideration of the timelines
3723 required for the completion of the review of the Next Generation
3724 Sunshine State Standards and the Voluntary Prekindergarten
3725 Education Program standards.
3726 (b) Include a request for funding in the agency’s 2021-2022
3727 legislative budget request, and each succeeding budget request,
3728 for procurement and the provision of training to Voluntary
3729 Prekindergarten Education Program providers, early learning
3730 coalitions, and school districts.
3731 (c) Provide any requested data, reports, and information to
3732 the Council for Early Grade Success.
3733 (4) The Council for Early Grade Success, a council as
3734 defined in s. 20.03, is created within the Department of
3735 Education to oversee the coordinated screening and progress
3736 monitoring program and, except as otherwise provided in this
3737 section, shall operate consistent with s. 20.052.
3738 (a) The council shall review the implementation of,
3739 training for, and outcomes from the coordinated screening and
3740 progress-monitoring program to provide recommendations to the
3741 department that support the state’s grade 3 students in reading
3742 at or above grade level. At a minimum, the council shall:
3743 1. Provide recommendations on the implementation of the
3744 coordinated screening and progress-monitoring program, including
3745 reviewing any procurement solicitation documents and criteria
3746 prior to being published.
3747 2. Develop training plans and timelines.
3748 3. Identify appropriate personnel, processes, and
3749 procedures required for the administration of the coordinated
3750 screening and progress-monitoring program.
3751 4. Provide input on the methodology for calculating a
3752 provider’s or school’s performance metric and the grading system
3753 pursuant to s. 1002.67.
3754 5. Work with the department to identify a methodology for
3755 determining a child’s kindergarten readiness.
3756 6. Review data on age-appropriate learning gains by grade
3757 level that a student would need to attain in order to
3758 demonstrate proficiency in reading by grade 3.
3759 7. Continually review anonymized data from the results of
3760 the coordinated screening and progress-monitoring program for
3761 students in the Voluntary Prekindergarten Education Program
3762 through grade 3 to help inform recommendations to the department
3763 that support practices that will enable grade 3 students to read
3764 at or above grade level.
3765 (b) The council shall be composed of 15 members, all of
3766 whom must be residents of the state, appointed as follows:
3767 1. One representative of the Department of Education and
3768 one parent of a child who is within the range of 4 to 9 years of
3769 age, both appointed by the Governor.
3770 2. Thirteen members jointly appointed by the President of
3771 the Senate and the Speaker of the House of Representatives, as
3772 follows:
3773 a. One representative of an urban school district.
3774 b. One representative of a rural school district.
3775 c. One representative of an urban early learning coalition.
3776 d. One representative of a rural early learning coalition.
3777 e. One representative of an early learning provider.
3778 f. One representative of a faith-based early learning
3779 provider.
3780 g. One representative who is a kindergarten teacher who has
3781 at least 5 years of teaching experience.
3782 h. One representative who is a grade 2 teacher who has at
3783 least 5 years of teaching experience.
3784 i. One representative who is a school principal.
3785 j. Four representatives with subject matter expertise in
3786 early learning, early grade success, or child assessments, none
3787 of whom may be a direct stakeholder within the 67 early learning
3788 or public school systems or a potential recipient of a contract
3789 negotiated at the recommendation of the council.
3790 (5) The council shall elect a chair and a vice chair. The
3791 chair must be one of the four members with subject matter
3792 expertise in early learning, early grade success, or child
3793 assessments. The vice chair must be a member appointed by the
3794 President of the Senate and the Speaker of the House of
3795 Representatives who is not one of the four members who are
3796 subject matter experts in early learning, early grade success,
3797 or child assessments. Members of the council shall serve without
3798 compensation but are entitled to reimbursement for per diem and
3799 travel expenses pursuant to s. 112.061.
3800 (6) The council must meet at least biannually and may meet
3801 by teleconference or other electronic means, as possible, to
3802 reduce costs.
3803 (7) A majority of the members constitutes a quorum.
3804 Section 67. Paragraphs (b) and (c) of subsection (5) of
3805 section 1008.25, Florida Statutes, are redesignated as
3806 paragraphs (c) and (d), respectively, paragraph (b) of
3807 subsection (6), subsection (7), and paragraph (a) of subsection
3808 (8) are amended, and a new paragraph (b) is added to subsection
3809 (5) of that section, to read:
3810 1008.25 Public school student progression; student support;
3811 reporting requirements.—
3812 (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
3813 (b) Any Voluntary Prekindergarten Education Program student
3814 who exhibits a substantial deficiency in early literacy in
3815 accordance with the standards under s. 1002.67(1)(a) and based
3816 upon the results of the administration of the final progress
3817 monitoring screening in s. 1008.2125 must be referred to the
3818 local school district and may be eligible to receive intensive
3819 reading interventions before participating in kindergarten. The
3820 intensive reading interventions may be paid for using funds from
3821 the district’s research-based reading instruction allocation in
3822 accordance with s. 1011.62(9).
3823 (6) ELIMINATION OF SOCIAL PROMOTION.—
3824 (b) The district school board may only exempt students from
3825 mandatory retention, as provided in paragraph (5)(c) paragraph
3826 (5)(b), for good cause. A student who is promoted to grade 4
3827 with a good cause exemption shall be provided intensive reading
3828 instruction and intervention that include specialized diagnostic
3829 information and specific reading strategies to meet the needs of
3830 each student so promoted. The school district shall assist
3831 schools and teachers with the implementation of explicit,
3832 systematic, and multisensory reading instruction and
3833 intervention strategies for students promoted with a good cause
3834 exemption which research has shown to be successful in improving
3835 reading among students who have reading difficulties. Good cause
3836 exemptions are limited to the following:
3837 1. Limited English proficient students who have had less
3838 than 2 years of instruction in an English for Speakers of Other
3839 Languages program based on the initial date of entry into a
3840 school in the United States.
3841 2. Students with disabilities whose individual education
3842 plan indicates that participation in the statewide assessment
3843 program is not appropriate, consistent with the requirements of
3844 s. 1008.212.
3845 3. Students who demonstrate an acceptable level of
3846 performance on an alternative standardized reading or English
3847 Language Arts assessment approved by the State Board of
3848 Education.
3849 4. A student who demonstrates through a student portfolio
3850 that he or she is performing at least at Level 2 on the
3851 statewide, standardized English Language Arts assessment.
3852 5. Students with disabilities who take the statewide,
3853 standardized English Language Arts assessment and who have an
3854 individual education plan or a Section 504 plan that reflects
3855 that the student has received intensive instruction in reading
3856 or English Language Arts for more than 2 years but still
3857 demonstrates a deficiency and was previously retained in
3858 kindergarten, grade 1, grade 2, or grade 3.
3859 6. Students who have received intensive reading
3860 intervention for 2 or more years but still demonstrate a
3861 deficiency in reading and who were previously retained in
3862 kindergarten, grade 1, grade 2, or grade 3 for a total of 2
3863 years. A student may not be retained more than once in grade 3.
3864 (7) SUCCESSFUL PROGRESSION FOR RETAINED THIRD GRADE
3865 STUDENTS.—
3866 (a) Students retained under paragraph (5)(c) paragraph
3867 (5)(b) must be provided intensive interventions in reading to
3868 ameliorate the student’s specific reading deficiency and prepare
3869 the student for promotion to the next grade. These interventions
3870 must include:
3871 1. Evidence-based, explicit, systematic, and multisensory
3872 reading instruction in phonemic awareness, phonics, fluency,
3873 vocabulary, and comprehension and other strategies prescribed by
3874 the school district.
3875 2. Participation in the school district’s summer reading
3876 camp, which must incorporate the instructional and intervention
3877 strategies under subparagraph 1.
3878 3. A minimum of 90 minutes of daily, uninterrupted reading
3879 instruction incorporating the instructional and intervention
3880 strategies under subparagraph 1. This instruction may include:
3881 a. Integration of content-rich texts in science and social
3882 studies within the 90-minute block.
3883 b. Small group instruction.
3884 c. Reduced teacher-student ratios.
3885 d. More frequent progress monitoring.
3886 e. Tutoring or mentoring.
3887 f. Transition classes containing 3rd and 4th grade
3888 students.
3889 g. Extended school day, week, or year.
3890 (b) Each school district shall:
3891 1. Provide written notification to the parent of a student
3892 who is retained under paragraph (5)(c) paragraph (5)(b) that his
3893 or her child has not met the proficiency level required for
3894 promotion and the reasons the child is not eligible for a good
3895 cause exemption as provided in paragraph (6)(b). The
3896 notification must comply with paragraph (5)(d) paragraph (5)(c)
3897 and must include a description of proposed interventions and
3898 supports that will be provided to the child to remediate the
3899 identified areas of reading deficiency.
3900 2. Implement a policy for the midyear promotion of a
3901 student retained under paragraph (5)(c) paragraph (5)(b) who can
3902 demonstrate that he or she is a successful and independent
3903 reader and performing at or above grade level in reading or,
3904 upon implementation of English Language Arts assessments,
3905 performing at or above grade level in English Language Arts.
3906 Tools that school districts may use in reevaluating a student
3907 retained may include subsequent assessments, alternative
3908 assessments, and portfolio reviews, in accordance with rules of
3909 the State Board of Education. Students promoted during the
3910 school year after November 1 must demonstrate proficiency levels
3911 in reading equivalent to the level necessary for the beginning
3912 of grade 4. The rules adopted by the State Board of Education
3913 must include standards that provide a reasonable expectation
3914 that the student’s progress is sufficient to master appropriate
3915 grade 4 level reading skills.
3916 3. Provide students who are retained under paragraph (5)(c)
3917 paragraph (5)(b), including students participating in the school
3918 district’s summer reading camp under subparagraph (a)2., with a
3919 highly effective teacher as determined by the teacher’s
3920 performance evaluation under s. 1012.34, and, beginning July 1,
3921 2020, the teacher must also be certified or endorsed in reading.
3922 4. Establish at each school, when applicable, an intensive
3923 reading acceleration course for any student retained in grade 3
3924 who was previously retained in kindergarten, grade 1, or grade
3925 2. The intensive reading acceleration course must provide the
3926 following:
3927 a. Uninterrupted reading instruction for the majority of
3928 student contact time each day and opportunities to master the
3929 grade 4 Next Generation Sunshine State Standards in other core
3930 subject areas through content-rich texts.
3931 b. Small group instruction.
3932 c. Reduced teacher-student ratios.
3933 d. The use of explicit, systematic, and multisensory
3934 reading interventions, including intensive language, phonics,
3935 and vocabulary instruction, and use of a speech-language
3936 therapist if necessary, that have proven results in accelerating
3937 student reading achievement within the same school year.
3938 e. A read-at-home plan.
3939 (8) ANNUAL REPORT.—
3940 (a) In addition to the requirements in paragraph (5)(c)
3941 paragraph (5)(b), each district school board must annually
3942 report to the parent of each student the progress of the student
3943 toward achieving state and district expectations for proficiency
3944 in English Language Arts, science, social studies, and
3945 mathematics. The district school board must report to the parent
3946 the student’s results on each statewide, standardized
3947 assessment. The evaluation of each student’s progress must be
3948 based upon the student’s classroom work, observations, tests,
3949 district and state assessments, response to intensive
3950 interventions provided under paragraph (5)(a), and other
3951 relevant information. Progress reporting must be provided to the
3952 parent in writing in a format adopted by the district school
3953 board.
3954 Section 68. Section 1008.31, Florida Statutes, is amended
3955 to read:
3956 1008.31 Florida’s Early Learning-20 K-20 education
3957 performance accountability system; legislative intent; mission,
3958 goals, and systemwide measures; data quality improvements.—
3959 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
3960 that:
3961 (a) The performance accountability system implemented to
3962 assess the effectiveness of Florida’s seamless Early Learning-20
3963 K-20 education delivery system provide answers to the following
3964 questions in relation to its mission and goals:
3965 1. What is the public receiving in return for funds it
3966 invests in education?
3967 2. How effectively is Florida’s Early Learning-20 K-20
3968 education system educating its students?
3969 3. How effectively are the major delivery sectors promoting
3970 student achievement?
3971 4. How are individual schools and postsecondary education
3972 institutions performing their responsibility to educate their
3973 students as measured by how students are performing and how much
3974 they are learning?
3975 (b) The Early Learning-20 K-20 education performance
3976 accountability system be established as a single, unified
3977 accountability system with multiple components, including, but
3978 not limited to, student performance in public schools and school
3979 and district grades.
3980 (c) The Early Learning-20 K-20 education performance
3981 accountability system comply with the requirements of the “No
3982 Child Left Behind Act of 2001,” Pub. L. No. 107-110, and the
3983 Individuals with Disabilities Education Act (IDEA).
3984 (d) The early learning accountability system comply with
3985 the requirements of Part V and Part VI of chapter 1002 and the
3986 requirements of the Child Care and Development Block Grant Trust
3987 Fund, pursuant to 45 C.F.R. parts 98 and 99.
3988 (e)(d) The State Board of Education and the Board of
3989 Governors of the State University System recommend to the
3990 Legislature systemwide performance standards; the Legislature
3991 establish systemwide performance measures and standards; and the
3992 systemwide measures and standards provide Floridians with
3993 information on what the public is receiving in return for the
3994 funds it invests in education and how well the Early Learning-20
3995 K-20 system educates its students.
3996 (f)1.(e)1. The State Board of Education establish
3997 performance measures and set performance standards for
3998 individual public schools and Florida College System
3999 institutions, with measures and standards based primarily on
4000 student achievement.
4001 2. The Board of Governors of the State University System
4002 establish performance measures and set performance standards for
4003 individual state universities, including actual completion
4004 rates.
4005 (2) MISSION, GOALS, AND SYSTEMWIDE MEASURES.—
4006 (a) The mission of Florida’s Early Learning-20 K-20
4007 education system shall be to increase the proficiency of all
4008 students within one seamless, efficient system, by allowing them
4009 the opportunity to expand their knowledge and skills through
4010 learning opportunities and research valued by students, parents,
4011 and communities.
4012 (b) The process for establishing state and sector-specific
4013 standards and measures must be:
4014 1. Focused on student success.
4015 2. Addressable through policy and program changes.
4016 3. Efficient and of high quality.
4017 4. Measurable over time.
4018 5. Simple to explain and display to the public.
4019 6. Aligned with other measures and other sectors to support
4020 a coordinated Early Learning-20 K-20 education system.
4021 (c) The Department of Education shall maintain an
4022 accountability system that measures student progress toward the
4023 following goals:
4024 1. Highest student achievement, as indicated by evidence of
4025 student learning gains at all levels.
4026 2. Seamless articulation and maximum access, as measured by
4027 evidence of progression, readiness, and access by targeted
4028 groups of students identified by the Commissioner of Education.
4029 3. Skilled workforce and economic development, as measured
4030 by evidence of employment and earnings.
4031 4. Quality efficient services, as measured by evidence of
4032 return on investment.
4033 5. Other goals as identified by law or rule.
4034 (3) K-20 EDUCATION DATA QUALITY IMPROVEMENTS.—To provide
4035 data required to implement education performance accountability
4036 measures in state and federal law, the Commissioner of Education
4037 shall initiate and maintain strategies to improve data quality
4038 and timeliness. The Board of Governors shall make available to
4039 the department all data within the State University Database
4040 System to be integrated into the education K-20 data warehouse.
4041 The commissioner shall have unlimited access to such data for
4042 the purposes of conducting studies, reporting annual and
4043 longitudinal student outcomes, and improving college readiness
4044 and articulation. All public educational institutions shall
4045 annually provide data from the prior year to the education K-20
4046 data warehouse in a format based on data elements identified by
4047 the commissioner.
4048 (a) School districts and public postsecondary educational
4049 institutions shall maintain information systems that will
4050 provide the State Board of Education, the Board of Governors of
4051 the State University System, and the Legislature with
4052 information and reports necessary to address the specifications
4053 of the accountability system. The level of comprehensiveness and
4054 quality must be no less than that which was available as of June
4055 30, 2001.
4056 (b) Colleges and universities eligible to participate in
4057 the William L. Boyd, IV, Effective Access to Student Education
4058 Grant Program shall annually report student-level data from the
4059 prior year for each student who receives state funds in a format
4060 prescribed by the Department of Education. At a minimum, data
4061 from the prior year must include retention rates, transfer
4062 rates, completion rates, graduation rates, employment and
4063 placement rates, and earnings of graduates. By October 1 of each
4064 year, the colleges and universities described in this paragraph
4065 shall report the data to the department.
4066 (c) The Commissioner of Education shall determine the
4067 standards for the required data, monitor data quality, and
4068 measure improvements. The commissioner shall report annually to
4069 the State Board of Education, the Board of Governors of the
4070 State University System, the President of the Senate, and the
4071 Speaker of the House of Representatives data quality indicators
4072 and ratings for all school districts and public postsecondary
4073 educational institutions.
4074 (d) Before establishing any new reporting or data
4075 collection requirements, the commissioner shall use existing
4076 data being collected to reduce duplication and minimize
4077 paperwork.
4078 (4) RULES.—The State Board of Education shall adopt rules
4079 pursuant to ss. 120.536(1) and 120.54 to implement the
4080 provisions of this section relating to the education K-20 data
4081 warehouse.
4082 Section 69. Section 1008.32, Florida Statutes, is amended
4083 to read:
4084 1008.32 State Board of Education oversight enforcement
4085 authority.—The State Board of Education shall oversee the
4086 performance of early learning coalitions, district school
4087 boards, and Florida College System institution boards of
4088 trustees in enforcement of all laws and rules. District school
4089 boards and Florida College System institution boards of trustees
4090 shall be primarily responsible for compliance with law and state
4091 board rule.
4092 (1) In order to ensure compliance with law or state board
4093 rule, the State Board of Education shall have the authority to
4094 request and receive information, data, and reports from early
4095 learning coalitions, school districts, and Florida College
4096 System institutions. Early Learning Coalition chief executive
4097 officers or executive directors, district school
4098 superintendents, and Florida College System institution
4099 presidents are responsible for the accuracy of the information
4100 and data reported to the state board.
4101 (2)(a) The Commissioner of Education may investigate
4102 allegations of noncompliance with law or state board rule and
4103 determine probable cause. The commissioner shall report
4104 determinations of probable cause to the State Board of Education
4105 which shall require the early learning coalition, district
4106 school board, or Florida College System institution board of
4107 trustees to document compliance with law or state board rule.
4108 (b) The Commissioner of Education shall report to the State
4109 Board of Education any findings by the Auditor General that an
4110 early learning coalition, a district school board, or a Florida
4111 College System institution is acting without statutory authority
4112 or contrary to general law. The State Board of Education shall
4113 require the early learning coalition, district school board, or
4114 Florida College System institution board of trustees to document
4115 compliance with such law.
4116 (3) If the early learning coalition, district school board,
4117 or Florida College System institution board of trustees cannot
4118 satisfactorily document compliance, the State Board of Education
4119 may order compliance within a specified timeframe.
4120 (4) If the State Board of Education determines that an
4121 early learning coalition, a district school board, or a Florida
4122 College System institution board of trustees is unwilling or
4123 unable to comply with law or state board rule within the
4124 specified time, the state board shall have the authority to
4125 initiate any of the following actions:
4126 (a) Report to the Legislature that the early learning
4127 coalition, school district, or Florida College System
4128 institution is unwilling or unable to comply with law or state
4129 board rule and recommend action to be taken by the Legislature.
4130 (b) Withhold the transfer of state funds, discretionary
4131 grant funds, discretionary lottery funds, or any other funds
4132 specified as eligible for this purpose by the Legislature until
4133 the early learning coalition, school district, or Florida
4134 College System institution complies with the law or state board
4135 rule.
4136 (c) Declare the early learning coalition, school district,
4137 or Florida College System institution ineligible for competitive
4138 grants.
4139 (d) Require monthly or periodic reporting on the situation
4140 related to noncompliance until it is remedied.
4141 (5) Nothing in this section shall be construed to create a
4142 private cause of action or create any rights for individuals or
4143 entities in addition to those provided elsewhere in law or rule.
4144 Section 70. Paragraph (a) of subsection (3) of section
4145 1008.33, Florida Statutes, is amended to read:
4146 1008.33 Authority to enforce public school improvement.—
4147 (3)(a) The academic performance of all students has a
4148 significant effect on the state school system. Pursuant to Art.
4149 IX of the State Constitution, which prescribes the duty of the
4150 State Board of Education to supervise Florida’s public school
4151 system, the state board shall equitably enforce the
4152 accountability requirements of the state school system and may
4153 impose state requirements on school districts in order to
4154 improve the academic performance of all districts, schools, and
4155 students based upon the provisions of the Florida Early
4156 Learning-20 K-20 Education Code, chapters 1000-1013; the federal
4157 ESEA and its implementing regulations; and the ESEA flexibility
4158 waiver approved for Florida by the United States Secretary of
4159 Education.
4160 Section 71. Subsection (9) of section 1011.62, Florida
4161 Statutes, is amended to read:
4162 1011.62 Funds for operation of schools.—If the annual
4163 allocation from the Florida Education Finance Program to each
4164 district for operation of schools is not determined in the
4165 annual appropriations act or the substantive bill implementing
4166 the annual appropriations act, it shall be determined as
4167 follows:
4168 (9) RESEARCH-BASED READING INSTRUCTION ALLOCATION.—
4169 (a) The research-based reading instruction allocation is
4170 created to provide comprehensive reading instruction to students
4171 in kindergarten through grade 12, including certain students who
4172 exhibit a substantial deficiency in early literacy and completed
4173 the Voluntary Prekindergarten Education Program pursuant to s.
4174 1008.25(5)(b). Each school district that has one or more of the
4175 300 lowest-performing elementary schools based on a 3-year
4176 average of the state reading assessment data must use the
4177 school’s portion of the allocation to provide an additional hour
4178 per day of intensive reading instruction for the students in
4179 each school. The additional hour may be provided within the
4180 school day. Students enrolled in these schools who earned a
4181 level 4 or level 5 score on the statewide, standardized English
4182 Language Arts assessment for the previous school year may
4183 participate in the additional hour of instruction. Exceptional
4184 student education centers may not be included in the 300
4185 schools. The intensive reading instruction delivered in this
4186 additional hour shall include: research-based reading
4187 instruction that has been proven to accelerate progress of
4188 students exhibiting a reading deficiency; differentiated
4189 instruction based on screening, diagnostic, progress monitoring,
4190 or student assessment data to meet students’ specific reading
4191 needs; explicit and systematic reading strategies to develop
4192 phonemic awareness, phonics, fluency, vocabulary, and
4193 comprehension, with more extensive opportunities for guided
4194 practice, error correction, and feedback; and the integration of
4195 social studies, science, and mathematics-text reading, text
4196 discussion, and writing in response to reading.
4197 (b) Funds for comprehensive, research-based reading
4198 instruction shall be allocated annually to each school district
4199 in the amount provided in the General Appropriations Act. Each
4200 eligible school district shall receive the same minimum amount
4201 as specified in the General Appropriations Act, and any
4202 remaining funds shall be distributed to eligible school
4203 districts based on each school district’s proportionate share of
4204 K-12 base funding.
4205 (c) Funds allocated under this subsection must be used to
4206 provide a system of comprehensive reading instruction to
4207 students enrolled in the K-12 programs and certain students who
4208 exhibit a substantial deficiency in early literacy and completed
4209 the Voluntary Prekindergarten Education Program pursuant to s.
4210 1008.25(5)(b). The system, which may include the following:
4211 1. An additional hour per day of intensive reading
4212 instruction to students in the 300 lowest-performing elementary
4213 schools by teachers and reading specialists who have
4214 demonstrated effectiveness in teaching reading as required in
4215 paragraph (a).
4216 2. Kindergarten through grade 5 reading intervention
4217 teachers to provide intensive intervention during the school day
4218 and in the required extra hour for students identified as having
4219 a reading deficiency.
4220 3. Highly qualified reading coaches to specifically support
4221 teachers in making instructional decisions based on student
4222 data, and improve teacher delivery of effective reading
4223 instruction, intervention, and reading in the content areas
4224 based on student need.
4225 4. Professional development for school district teachers in
4226 scientifically based reading instruction, including strategies
4227 to teach reading in content areas and with an emphasis on
4228 technical and informational text, to help school district
4229 teachers earn a certification or an endorsement in reading.
4230 5. Summer reading camps, using only teachers or other
4231 district personnel who are certified or endorsed in reading
4232 consistent with s. 1008.25(7)(b)3., for all students in
4233 kindergarten through grade 2 who demonstrate a reading
4234 deficiency as determined by district and state assessments;, and
4235 students in grades 3 through 5 who score at Level 1 on the
4236 statewide, standardized English Language Arts assessment; and
4237 certain students who exhibit a substantial deficiency in early
4238 literacy and completed the Voluntary Prekindergarten Education
4239 Program pursuant to s. 1008.25(5)(b).
4240 6. Supplemental instructional materials that are grounded
4241 in scientifically based reading research as identified by the
4242 Just Read, Florida! Office pursuant to s. 1001.215(8).
4243 7. Intensive interventions for students in kindergarten
4244 through grade 12 who have been identified as having a reading
4245 deficiency or who are reading below grade level as determined by
4246 the statewide, standardized English Language Arts assessment or
4247 for certain students who exhibit a substantial deficiency in
4248 early literacy and completed the Voluntary Prekindergarten
4249 Education Program pursuant to s. 1008.25(5)(b).
4250 (d)1. Annually, by a date determined by the Department of
4251 Education but before May 1, school districts shall submit a K-12
4252 comprehensive reading plan for the specific use of the research
4253 based reading instruction allocation in the format prescribed by
4254 the department for review and approval by the Just Read,
4255 Florida! Office created pursuant to s. 1001.215. The plan
4256 annually submitted by school districts shall be deemed approved
4257 unless the department rejects the plan on or before June 1. If a
4258 school district and the Just Read, Florida! Office cannot reach
4259 agreement on the contents of the plan, the school district may
4260 appeal to the State Board of Education for resolution. School
4261 districts shall be allowed reasonable flexibility in designing
4262 their plans and shall be encouraged to offer reading
4263 intervention through innovative methods, including career
4264 academies. The plan format shall be developed with input from
4265 school district personnel, including teachers and principals,
4266 and shall provide for intensive reading interventions through
4267 integrated curricula, provided that, beginning with the 2020
4268 2021 school year, the interventions are delivered by a teacher
4269 who is certified or endorsed in reading. Such interventions must
4270 incorporate strategies identified by the Just Read, Florida!
4271 Office pursuant to s. 1001.215(8). No later than July 1
4272 annually, the department shall release the school district’s
4273 allocation of appropriated funds to those districts having
4274 approved plans. A school district that spends 100 percent of
4275 this allocation on its approved plan shall be deemed to have
4276 been in compliance with the plan. The department may withhold
4277 funds upon a determination that reading instruction allocation
4278 funds are not being used to implement the approved plan. The
4279 department shall monitor and track the implementation of each
4280 district plan, including conducting site visits and collecting
4281 specific data on expenditures and reading improvement results.
4282 By February 1 of each year, the department shall report its
4283 findings to the Legislature.
4284 2. Each school district that has a school designated as one
4285 of the 300 lowest-performing elementary schools as specified in
4286 paragraph (a) shall specifically delineate in the comprehensive
4287 reading plan, or in an addendum to the comprehensive reading
4288 plan, the implementation design and reading intervention
4289 strategies that will be used for the required additional hour of
4290 reading instruction. The term “reading intervention” includes
4291 evidence-based strategies frequently used to remediate reading
4292 deficiencies and also includes individual instruction, tutoring,
4293 mentoring, or the use of technology that targets specific
4294 reading skills and abilities.
4295 Section 72. Paragraph (b) of subsection (1) of section
4296 1002.22, Florida Statutes, is amended to read:
4297 1002.22 Education records and reports of K-12 students;
4298 rights of parents and students; notification; penalty.—
4299 (1) DEFINITIONS.—As used in this section, the term:
4300 (b) “Institution” means any public school, center,
4301 institution, or other entity that is part of Florida’s education
4302 system under s. 1000.04(2), (4), and (5) s. 1000.04(1), (3), and
4303 (4).
4304 Section 73. Paragraph (b) of subsection (5) of section
4305 1002.53, Florida Statutes, is amended to read:
4306 1002.53 Voluntary Prekindergarten Education Program;
4307 eligibility and enrollment.—
4308 (5) The early learning coalition shall provide each parent
4309 enrolling a child in the Voluntary Prekindergarten Education
4310 Program with a profile of every private prekindergarten provider
4311 and public school delivering the program within the county where
4312 the child is being enrolled. The profiles shall be provided to
4313 parents in a format prescribed by the Office of Early Learning.
4314 The profiles must include, at a minimum, the following
4315 information about each provider and school:
4316 (b) The provider’s or school’s kindergarten readiness rate
4317 calculated in accordance with s. 1002.69, based upon the most
4318 recent available results of the statewide kindergarten
4319 screening.
4320 Section 74. This act shall take effect July 1, 2020.
