HB 629

1
A bill to be entitled
2An act relating to early learning; creating s. 20.153,
3F.S.; creating the Agency for Early Learning; providing
4for appointment and duties of an agency director;
5providing agency responsibilities; providing for type two
6transfer of the Office of Early Learning in the Agency for
7Workforce Innovation, the Office of Early Learning in the
8Department of Education, child care facility licensing
9responsibilities of the Department of Children and Family
10Services, and the Department of Health Florida Infants and
11Toddlers Early Intervention Program to the Agency for
12Early Learning; amending ss. 20.50, 216.136, and 391.025,
13F.S.; conforming provisions; amending s. 411.0105, F.S.;
14designating the Agency for Early Learning as the lead
15agency for administering the federal Early Learning
16Opportunities Act; amending ss. 1002.22, 1002.63, and
171002.67, F.S.; conforming provisions and clarifying
18certain duties; amending s. 1002.69, F.S.; revising
19provisions relating to calculation of kindergarten
20readiness rates; amending ss. 1002.71, 1002.73, 1002.75,
211002.77, 1002.79, and 1003.575, F.S.; conforming
22provisions and clarifying certain duties; providing for
23the continued validity of certain child care facility
24licenses and registrations; repealing s. 391.308, F.S.,
25relating to the Florida Infants and Toddlers Early
26Intervention Program administered by the Department of
27Health; requiring the Division of Statutory Revision to
28make conforming changes to the Florida Statutes and to
29provide certain assistance to legislative committees and
30councils; providing an effective date.
31
32Be It Enacted by the Legislature of the State of Florida:
33
34     Section 1.  Section 20.153, Florida Statutes, is created to
35read:
36     20.153  Agency for Early Learning.--There is created the
37Agency for Early Learning, housed within the Department of
38Education for administrative purposes only. The agency shall be
39a separate budget entity not subject to control, supervision, or
40direction by the Department of Education in any manner,
41including, but not limited to, personnel, purchasing,
42transactions involving real or personal property, and budgetary
43matters.
44     (1)  The director of the agency shall be the agency head
45for all purposes, shall be appointed by the Governor subject to
46confirmation by the Senate, and shall serve at the pleasure of
47the Governor. The director shall administer the affairs of the
48agency and may, within available resources, employ assistants,
49professional staff, and other employees as necessary to
50discharge the powers and duties of the agency.
51     (2)(a)  The agency shall administer the state's school
52readiness system, the Voluntary Prekindergarten Education
53Program, and child care facility licensing.
54     (b)  The agency shall implement and administer part C of
55the federal Individuals with Disabilities Education Act, which
56shall be known as the Florida Infants and Toddlers Early
57Intervention Program (Early Steps). The agency, jointly with the
58Department of Education, shall annually prepare a grant
59application to the United States Department of Education for
60funding early intervention services for infants and toddlers
61with disabilities, from birth through 36 months of age, and
62their families, pursuant to part C of the federal Individuals
63with Disabilities Education Act. The agency, jointly with the
64Department of Education, shall include a reading initiative as
65an early intervention service for infants and toddlers.
66     (c)  The agency shall engage in such other administrative
67activities as are deemed necessary to effectively and
68efficiently address the early education, early intervention, and
69child care needs of young children and their families.
70     Section 2.  (1)  All of the powers, duties, functions,
71records, personnel, and property; unexpended balances of
72appropriations, allocations, and other funds; administrative
73authority; administrative rules; pending issues; and existing
74contracts of the Office of Early Learning in the Agency for
75Workforce Innovation are transferred by a type two transfer,
76pursuant to s. 20.06(2), Florida Statutes, to the Agency for
77Early Learning.
78     (2)  All of the powers, duties, functions, records,
79personnel, and property; unexpended balances of appropriations,
80allocations, and other funds; administrative authority;
81administrative rules; pending issues; and existing contracts of
82the Office of Early Learning in the Department of Education are
83transferred by a type two transfer, pursuant to s. 20.06(2),
84Florida Statutes, to the Agency for Early Learning.
85     (3)  All of the powers, duties, functions, records,
86personnel, and property; unexpended balances of appropriations,
87allocations, and other funds; administrative authority;
88administrative rules; pending issues; and existing contracts of
89the Department of Children and Family Services relating to child
90care facility licensing are transferred by a type two transfer,
91pursuant to s. 20.06(2), Florida Statutes, to the Agency for
92Early Learning.
93     (4)  All of the powers, duties, functions, records,
94personnel, and property; unexpended balances of appropriations,
95allocations, and other funds; administrative authority;
96administrative rules; pending issues; and existing contracts of
97the Florida Infants and Toddlers Early Intervention Program in
98the Division of Children's Medical Services Network of the
99Department of Health are transferred by a type two transfer,
100pursuant to s. 20.06(2), Florida Statutes, to the Agency for
101Early Learning.
102     Section 3.  Paragraph (c) of subsection (2) of section
10320.50, Florida Statutes, is amended to read:
104     20.50  Agency for Workforce Innovation.--There is created
105the Agency for Workforce Innovation within the Department of
106Management Services. The agency shall be a separate budget
107entity, as provided in the General Appropriations Act, and the
108director of the agency shall be the agency head for all
109purposes. The agency shall not be subject to control,
110supervision, or direction by the Department of Management
111Services in any manner, including, but not limited to,
112personnel, purchasing, transactions involving real or personal
113property, and budgetary matters.
114     (2)
115     (c)  The agency shall include the following offices within
116its organizational structure:
117     1.  The Office of Unemployment Compensation Services;
118     2.  The Office of Workforce Program Support; and
119     3.  The Office of Early Learning, which shall administer
120the school readiness system in accordance with s. 411.01 and the
121operational requirements of the Voluntary Prekindergarten
122Education Program in accordance with part V of chapter 1002. The
123office shall be directed by the Deputy Director for Early
124Learning, who shall be appointed by and serve at the pleasure of
125the director; and
126     3.4.  The Office of Agency Support Services.
127
128The director of the agency may establish the positions of
129assistant director and deputy director to administer the
130requirements and functions of the agency. In addition, the
131director may organize and structure the offices of the agency to
132best meet the goals and objectives of the agency as provided in
133s. 20.04.
134     Section 4.  Paragraph (b) of subsection (8) of section
135216.136, Florida Statutes, is amended to read:
136     216.136  Consensus estimating conferences; duties and
137principals.--
138     (8)  EARLY LEARNING PROGRAMS ESTIMATING CONFERENCE.--
139     (b)  The Agency for Early Learning Workforce Innovation
140shall provide information on needs and waiting lists for school
141readiness programs, and information on the needs for the
142Voluntary Prekindergarten Education Program, as requested by the
143Early Learning Programs Estimating Conference or individual
144conference principals in a timely manner.
145     Section 5.  Paragraph (d) of subsection (1) of section
146391.025, Florida Statutes, is amended to read:
147     391.025  Applicability and scope.--
148     (1)  The Children's Medical Services program consists of
149the following components:
150     (d)  The developmental evaluation and intervention program,
151including the Florida Infants and Toddlers Early Intervention
152Program.
153     Section 6.  Section 411.0105, Florida Statutes, is amended
154to read:
155     411.0105  Early Learning Opportunities Act and Even Start
156Family Literacy Programs; lead agency.--
157     (1)  For purposes of administration of the Early Learning
158Opportunities Act, pursuant to Pub. L. No. 106-554, the Agency
159for Early Learning is designated as the lead agency and must
160comply with lead agency responsibilities pursuant to federal
161law. and
162     (2)  For purposes of administration of the Even Start
163Family Literacy Programs, pursuant to Pub. L. No. 106-554, the
164Agency for Workforce Innovation is designated as the lead agency
165and must comply with lead agency responsibilities pursuant to
166federal law.
167     Section 7.  Paragraph (d) of subsection (3) of section
1681002.22, Florida Statutes, is amended to read:
169     1002.22  Student records and reports; rights of parents and
170students; notification; penalty.--
171     (3)  RIGHTS OF PARENT OR STUDENT.--The parent of any
172student who attends or has attended any public school, career
173center, or public postsecondary educational institution shall
174have the following rights with respect to any records or reports
175created, maintained, and used by any public educational
176institution in the state. However, whenever a student has
177attained 18 years of age, or is attending a postsecondary
178educational institution, the permission or consent required of,
179and the rights accorded to, the parents of the student shall
180thereafter be required of and accorded to the student only,
181unless the student is a dependent student of such parents as
182defined in 26 U.S.C. s. 152 (s. 152 of the Internal Revenue Code
183of 1954). The State Board of Education shall adopt rules whereby
184parents or students may exercise these rights:
185     (d)  Right of privacy.--Every student has a right of
186privacy with respect to the educational records kept on him or
187her. Personally identifiable records or reports of a student,
188and any personal information contained therein, are confidential
189and exempt from s. 119.07(1). A state or local educational
190agency, board, public school, career center, or public
191postsecondary educational institution may not permit the release
192of such records, reports, or information without the written
193consent of the student's parent, or of the student himself or
194herself if he or she is qualified as provided in this
195subsection, to any individual, agency, or organization. However,
196personally identifiable records or reports of a student may be
197released to the following persons or organizations without the
198consent of the student or the student's parent:
199     1.  Officials of schools, school systems, career centers,
200or public postsecondary educational institutions in which the
201student seeks or intends to enroll; and a copy of such records
202or reports shall be furnished to the parent or student upon
203request.
204     2.  Other school officials, including teachers within the
205educational institution or agency, who have legitimate
206educational interests in the information contained in the
207records.
208     3.  The United States Secretary of Education, the Director
209of the National Institute of Education, the Assistant Secretary
210for Education, the Comptroller General of the United States, or
211state or local educational authorities who are authorized to
212receive such information subject to the conditions set forth in
213applicable federal statutes and regulations of the United States
214Department of Education, or in applicable state statutes and
215rules of the State Board of Education.
216     4.  Other school officials, in connection with a student's
217application for or receipt of financial aid.
218     5.  Individuals or organizations conducting studies for or
219on behalf of an institution or a board of education for the
220purpose of developing, validating, or administering predictive
221tests, administering student aid programs, or improving
222instruction, if the studies are conducted in a manner that does
223not permit the personal identification of students and their
224parents by persons other than representatives of such
225organizations and if the information will be destroyed when no
226longer needed for the purpose of conducting such studies.
227     6.  Accrediting organizations, in order to carry out their
228accrediting functions.
229     7.  Early learning coalitions and the Agency for Early
230Learning Workforce Innovation in order to carry out their
231assigned duties.
232     8.  For use as evidence in student expulsion hearings
233conducted by a district school board under chapter 120.
234     9.  Appropriate parties in connection with an emergency, if
235knowledge of the information in the student's educational
236records is necessary to protect the health or safety of the
237student or other individuals.
238     10.  The Auditor General and the Office of Program Policy
239Analysis and Government Accountability in connection with their
240official functions; however, except when the collection of
241personally identifiable information is specifically authorized
242by law, any data collected by the Auditor General and the Office
243of Program Policy Analysis and Government Accountability is
244confidential and exempt from s. 119.07(1) and shall be protected
245in a way that does not permit the personal identification of
246students and their parents by other than the Auditor General,
247the Office of Program Policy Analysis and Government
248Accountability, and their staff, and the personally identifiable
249data shall be destroyed when no longer needed for the Auditor
250General's and the Office of Program Policy Analysis and
251Government Accountability's official use.
252     11.a.  A court of competent jurisdiction in compliance with
253an order of that court or the attorney of record in accordance
254with a lawfully issued subpoena, upon the condition that the
255student and the student's parent are notified of the order or
256subpoena in advance of compliance therewith by the educational
257institution or agency.
258     b.  A person or entity in accordance with a court of
259competent jurisdiction in compliance with an order of that court
260or the attorney of record pursuant to a lawfully issued
261subpoena, upon the condition that the student, or his or her
262parent if the student is either a minor and not attending a
263postsecondary educational institution or a dependent of such
264parent as defined in 26 U.S.C. s. 152 (s. 152 of the Internal
265Revenue Code of 1954), is notified of the order or subpoena in
266advance of compliance therewith by the educational institution
267or agency.
268     12.  Credit bureaus, in connection with an agreement for
269financial aid that the student has executed, if the information
270is disclosed only to the extent necessary to enforce the terms
271or conditions of the financial aid agreement. Credit bureaus
272shall not release any information obtained under this paragraph
273to any person.
274     13.  Parties to an interagency agreement among the
275Department of Juvenile Justice, school and law enforcement
276authorities, and other signatory agencies for the purpose of
277reducing juvenile crime and especially motor vehicle theft by
278promoting cooperation and collaboration, and the sharing of
279appropriate information in a joint effort to improve school
280safety, to reduce truancy and in-school and out-of-school
281suspensions, and to support alternatives to in-school and out-
282of-school suspensions and expulsions that provide structured and
283well-supervised educational programs supplemented by a
284coordinated overlay of other appropriate services designed to
285correct behaviors that lead to truancy, suspensions, and
286expulsions, and that support students in successfully completing
287their education. Information provided in furtherance of the
288interagency agreements is intended solely for use in determining
289the appropriate programs and services for each juvenile or the
290juvenile's family, or for coordinating the delivery of the
291programs and services, and as such is inadmissible in any court
292proceedings before a dispositional hearing unless written
293consent is provided by a parent or other responsible adult on
294behalf of the juvenile.
295     14.  Consistent with the Family Educational Rights and
296Privacy Act, the Department of Children and Family Services or a
297community-based care lead agency acting on behalf of the
298Department of Children and Family Services, as appropriate.
299
300This paragraph does not prohibit any educational institution
301from publishing and releasing to the general public directory
302information relating to a student if the institution elects to
303do so. However, no educational institution shall release, to any
304individual, agency, or organization that is not listed in
305subparagraphs 1.-14., directory information relating to the
306student body in general or a portion thereof unless it is
307normally published for the purpose of release to the public in
308general. Any educational institution making directory
309information public shall give public notice of the categories of
310information that it has designated as directory information for
311all students attending the institution and shall allow a
312reasonable period of time after the notice has been given for a
313parent or student to inform the institution in writing that any
314or all of the information designated should not be released.
315     Section 8.  Paragraph (b) of subsection (4) of section
3161002.63, Florida Statutes, is amended to read:
317     1002.63  School-year prekindergarten program delivered by
318public schools.--
319     (4)  To be eligible to deliver the prekindergarten program
320during the school year, each school district must meet both of
321the following requirements:
322     (b)  The Commissioner of Education must certify to the
323State Board of Education that the Department of Education has
324reviewed the school district's educational facilities, capital
325outlay funds, and projected student enrollment and concurs with
326the district school board's certification under paragraph (a).
327     Section 9.  Paragraph (d) of subsection (3) of section
3281002.67, Florida Statutes, is amended to read:
329     1002.67  Performance standards; curricula and
330accountability.--
331     (3)
332     (d)  Each early learning coalition and, the Agency for
333Early Learning shall Workforce Innovation, and the department
334shall coordinate with the Child Care Services Program Office of
335the Department of Children and Family Services to minimize
336interagency duplication of activities for monitoring private
337prekindergarten providers for compliance with requirements of
338the Voluntary Prekindergarten Education Program under this part,
339the school readiness programs under s. 411.01, and the licensing
340of providers under ss. 402.301-402.319.
341     Section 10.  Subsections (1), (5), and (6) of section
3421002.69, Florida Statutes, are amended to read:
343     1002.69  Statewide kindergarten screening; kindergarten
344readiness rates.--
345     (1)  The Department of Education shall adopt a statewide
346kindergarten screening that assesses the readiness of each
347student for kindergarten based upon the performance standards
348adopted by the Agency for Early Learning department under s.
3491002.67(1) for the Voluntary Prekindergarten Education Program.
350The Department of Education shall require that each school
351district administer the statewide kindergarten screening to each
352kindergarten student in the school district within the first 30
353school days of each school year.
354     (5)  The State Board of Education shall adopt procedures
355for the annual calculation of department to annually calculate
356each private prekindergarten provider's and public school's
357kindergarten readiness rate, which must be expressed as the
358percentage of the provider's or school's students who are
359assessed as ready for kindergarten. The kindergarten readiness
360rates must be based exclusively upon the results of the
361statewide kindergarten screening for students completing the
362Voluntary Prekindergarten Education Program, beginning with
363students completing the program during the 2005-2006 school year
364who are administered the statewide kindergarten screening during
365the 2006-2007 school year. The rates must not include students
366who are not administered the statewide kindergarten screening.
367     (6)(a)  The State Board of Education shall periodically
368adopt a minimum kindergarten readiness rate that, if achieved by
369a private prekindergarten provider or public school, would
370demonstrate the provider's or school's satisfactory delivery of
371the Voluntary Prekindergarten Education Program.
372     (b)  The minimum rate must not exceed the rate at which
373more than 15 percent of the kindergarten readiness rates of all
374private prekindergarten providers and public schools delivering
375the Voluntary Prekindergarten Education Program in the state
376would fall below the minimum rate.
377     Section 11.  Paragraph (b) of subsection (5) of section
3781002.71, Florida Statutes, is amended to read:
379     1002.71  Funding; financial and attendance reporting.--
380     (5)
381     (b)  The Agency for Early Learning Workforce Innovation
382shall adopt procedures for the payment of private
383prekindergarten providers and public schools delivering the
384Voluntary Prekindergarten Education Program. The procedures
385shall provide for the advance payment of providers and schools
386based upon student enrollment in the program, the certification
387of student attendance, and the reconciliation of advance
388payments in accordance with the uniform attendance policy
389adopted under paragraph (6)(d). The procedures shall provide for
390the monthly distribution of funds by the agency for Workforce
391Innovation to the early learning coalitions for payment by the
392coalitions to private prekindergarten providers and public
393schools. The department shall transfer to the Agency for
394Workforce Innovation at least once each quarter the funds
395available for payment to private prekindergarten providers and
396public schools in accordance with this paragraph from the funds
397appropriated for that purpose.
398     Section 12.  Section 1002.73, Florida Statutes, is amended
399to read:
400     1002.73  Agency for Early Learning, Department of
401Education, and State Board of Education; powers and duties;
402accountability requirements.--
403     (1)  The Agency for Early Learning department shall
404administer the accountability requirements of the Voluntary
405Prekindergarten Education Program at the state level.
406     (2)  The agency department shall adopt procedures for the
407agency's department's:
408     (a)  Approval of prekindergarten director credentials under
409ss. 1002.55 and 1002.57.
410     (b)  Approval of emergent literacy training courses under
411ss. 1002.55 and 1002.59.
412     (c)  Certification of school districts that are eligible to
413deliver the school-year prekindergarten program under s.
4141002.63.
415     (3)(d)  The Department of Education shall adopt procedures
416for administration of the statewide kindergarten screening and
417the State Board of Education shall adopt procedures for
418calculation of kindergarten readiness rates under s. 1002.69.
419     (4)(3)  Except as provided by law, the agency department
420may not impose requirements on a private prekindergarten
421provider that does not deliver the Voluntary Prekindergarten
422Education Program or receive state funds under this part.
423     Section 13.  Subsection (3) of section 1002.75, Florida
424Statutes, is amended to read:
425     1002.75  Agency for Early Learning Workforce Innovation;
426powers and duties; operational requirements.--
427     (3)  The Agency for Early Learning Workforce Innovation
428shall adopt, in consultation with and subject to approval by the
429department, procedures governing the administration of the
430Voluntary Prekindergarten Education Program by the early
431learning coalitions and school districts for:
432     (a)  Approving improvement plans of private prekindergarten
433providers and public schools under s. 1002.67.
434     (b)  Placing private prekindergarten providers and public
435schools on probation and requiring corrective actions under s.
4361002.67.
437     (c)  Removing a private prekindergarten provider or public
438school from eligibility to deliver the program due to the
439provider's or school's remaining on probation beyond the time
440permitted under s. 1002.67.
441     Section 14.  Subsection (1) of section 1002.77, Florida
442Statutes, is amended to read:
443     1002.77  Florida Early Learning Advisory Council.--
444     (1)  There is created the Florida Early Learning Advisory
445Council within the Agency for Early Learning Workforce
446Innovation. The purpose of the advisory council is to submit
447recommendations to the department and the agency for Workforce
448Innovation on the early learning policy of this state, including
449recommendations relating to administration of the Voluntary
450Prekindergarten Education Program under this part and the school
451readiness programs under s. 411.01.
452     Section 15.  Subsection (1) of section 1002.79, Florida
453Statutes, is amended to read:
454     1002.79  Rulemaking authority.--
455     (1)  The State Board of Education shall adopt rules under
456ss. 120.536(1) and 120.54 to administer the provisions of this
457part conferring duties upon the Department of Education.
458     Section 16.  Subsections (1) and (3) of section 1003.575,
459Florida Statutes, are amended to read:
460     1003.575  Assistive technology devices; findings;
461interagency agreements.--Accessibility, utilization, and
462coordination of appropriate assistive technology devices and
463services are essential as a young person with disabilities moves
464from early intervention to preschool, from preschool to school,
465from one school to another, and from school to employment or
466independent living. To ensure that an assistive technology
467device issued to a young person as part of his or her
468individualized family support plan, individual support plan, or
469an individual education plan remains with the individual through
470such transitions, the following agencies shall enter into
471interagency agreements, as appropriate, to ensure the
472transaction of assistive technology devices:
473     (1)  The Florida Infants and Toddlers Early Intervention
474Program in the Agency for Early Learning Division of Children's
475Medical Services of the Department of Health.
476     (3)  The Voluntary Prekindergarten Education Program
477administered by the Department of Education and the Agency for
478Early Learning Workforce Innovation.
479
480Interagency agreements entered into pursuant to this section
481shall provide a framework for ensuring that young persons with
482disabilities and their families, educators, and employers are
483informed about the utilization and coordination of assistive
484technology devices and services that may assist in meeting
485transition needs, and shall establish a mechanism by which a
486young person or his or her parent may request that an assistive
487technology device remain with the young person as he or she
488moves through the continuum from home to school to postschool.
489     Section 17.  Notwithstanding the transfer of regulatory
490authority over child care facility licensing in chapter 402,
491Florida Statutes, provided in this act, persons and entities
492holding in good standing any child care facility license or
493registration under chapter 402, Florida Statutes, as of 11:59
494p.m. on the day prior to the effective date of this act shall be
495deemed to hold in good standing a license or registration in the
496same capacity under the authority of the Agency for Early
497Learning as of the effective date of this act.
498     Section 18.  Section 391.308, Florida Statutes, is
499repealed.
500     Section 19.  The Division of Statutory Revision of the
501Office of Legislative Services shall change "Agency for
502Workforce Innovation" and "Department of Education" to "Agency
503for Early Learning" and shall change "department" with respect
504to that department to "agency" wherever those terms appear in
505ss. 411.01 and 411.011, Florida Statutes, relating to school
506readiness programs.
507     Section 20.  The Division of Statutory Revision of the
508Office of Legislative Services shall change "Department of
509Education," "Department of Children and Family Services," and
510"Agency for Workforce Innovation" to "Agency for Early Learning"
511and shall change "department" with respect to those departments
512to "agency" wherever those terms appear in part V of chapter
5131002, Florida Statutes, relating to the Voluntary
514Prekindergarten Education Program, except as otherwise amended
515in this act.
516     Section 21.  The Division of Statutory Revision of the
517Office of Legislative Services shall change "Department of
518Children and Family Services" and "Agency for Workforce
519Innovation" to "Agency for Early Learning" and shall change
520"department" with respect to that department to "agency"
521wherever those terms appear in ss. 402.27, 402.281, and 402.301-
522402.319, Florida Statutes, relating to child care facility
523licensing.
524     Section 22.  The Legislature recognizes that there is a
525need to conform the Florida Statutes to the policy decisions
526reflected in the provisions of this act. The Division of
527Statutory Revision of the Office of Legislative Services is
528directed to provide the relevant substantive committees and
529councils of the Senate and the House of Representatives with
530assistance, upon request, to enable such committees or councils
531to prepare draft legislation to conform the Florida Statutes to
532the provisions of this act.
533     Section 23.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.