Florida Senate - 2023 CS for SB 990
By the Committee on Finance and Tax; and Senator Grall
593-03757-23 2023990c1
1 A bill to be entitled
2 An act relating to child care and early learning
3 providers; amending s. 402.302, F.S.; defining the
4 term “preschool”; amending s. 402.305, F.S.; revising
5 licensing standards for all licensed child care
6 facilities; revising minimum standards and training
7 requirements for child care personnel; requiring the
8 Department of Children and Families to conduct
9 specified screening of child care personnel within a
10 specified timeframe and issue provisional approval of
11 such personnel; requiring the department to evaluate
12 certain training and coursework requirements for child
13 care personnel and the licensing and regulation of
14 child care facilities by a specified date; deleting
15 provisions relating to educating parents about the
16 importance of specified immunizations, addressing the
17 danger of a child being accidentally left in an
18 adult’s vehicle, having a plan to assist children in
19 preventing and avoiding physical and mental abuse, and
20 the department developing minimum standards for
21 specialized child care facilities for the care of
22 mildly ill children; amending s. 402.3115, F.S.;
23 requiring the department and certain local
24 governmental agencies to develop and implement a plan
25 to eliminate duplicative and unnecessary inspections
26 of home child care providers; revising abbreviated
27 inspection requirements for certain child care
28 facilities; amending s. 627.70161, F.S.; revising
29 legislative purpose and intent; revising the
30 definitions of the terms “child care” and “family day
31 care home”; providing that residential property
32 insurance does not cover liability or claims arising
33 out of the operation of a large family child care
34 home; amending s. 1002.55, F.S.; revising requirements
35 for private prekindergarten providers; amending s.
36 1002.61, F.S.; revising requirements for public school
37 and private summer prekindergarten program providers;
38 amending s. 1002.67, F.S.; prohibiting certain
39 education providers’ curriculums from using
40 coordinated screening; prohibiting progress monitoring
41 systems from including the student use of electronic
42 devices; providing an exception; amending s. 1002.68,
43 F.S.; requiring program assessments of private
44 prekindergarten providers and public schools in the
45 Voluntary Prekindergarten Education Program to be
46 conducted when a specified number of students are in
47 attendance beginning in a specified program year;
48 requiring the specified methodology for calculating
49 the performance of each private prekindergarten
50 provider and public school provider to include an
51 analysis conducted by an independent expert with
52 specified experience beginning in a specified program
53 year; amending s. 1002.71, F.S.; providing
54 requirements for early learning coalitions retention
55 and expenditure of specified funds; amending s.
56 1002.82, F.S.; revising the powers and duties of the
57 Department of Education relating to the administration
58 of the Child Care and Development Block Grant Trust
59 Fund; amending s. 1002.83, F.S.; revising a provision
60 relating to the appointment of members of an early
61 learning coalition; amending s. 1002.89, F.S.;
62 providing for specified financial support to child
63 care providers and staff to be included in school
64 readiness program costs; amending s. 1002.945, F.S.;
65 revising requirements for a child care provider to
66 obtain and maintain a designation as a Gold Seal
67 Quality Care provider; amending s. 1002.95, F.S.;
68 requiring early learning coalitions to provide
69 specified support to a specified scholarship program;
70 amending s. 1008.25, F.S.; revising reading
71 intervention requirements for Voluntary
72 Prekindergarten Education Program students; amending
73 ss. 39.101, 1002.57, and 1002.59, F.S.; conforming
74 cross-references; providing an effective date.
75
76 Be It Enacted by the Legislature of the State of Florida:
77
78 Section 1. Present subsections (15) through (18) of section
79 402.302, Florida Statutes, are redesignated as subsections (16)
80 through (19), respectively, and a new subsection (15) is added
81 to that section, to read:
82 402.302 Definitions.—As used in this chapter, the term:
83 (15) “Preschool” means any child care facility licensed
84 under s. 402.305 that serves children under 5 years of age.
85 Section 2. Present paragraph (g) of subsection (2) of
86 section 402.305, Florida Statutes, is redesignated as paragraph
87 (f), present subsection (18) is redesignated as subsection (17),
88 and paragraphs (a) and (b) of subsection (1), paragraphs (a) and
89 (e) and present paragraph (f) of subsection (2), paragraph (a)
90 of subsection (7), paragraphs (b) and (c) of subsection (9),
91 subsection (13), and present subsection (17) of that section are
92 amended, to read:
93 402.305 Licensing standards; child care facilities.—
94 (1) LICENSING STANDARDS.—The department shall establish
95 licensing standards that each licensed child care facility must
96 meet regardless of the origin or source of the fees used to
97 operate the facility or the type of children served by the
98 facility.
99 (a) The standards shall be designed to address the
100 following areas:
101 1. the health, sanitation, safety, and sanitary adequate
102 physical conditions surroundings for all children served by in
103 child care facilities.
104 2. The health and nutrition of all children in child care.
105 3. The child development needs of all children in child
106 care.
107 (b) Fire safety regulations for child care facilities will
108 be directed All standards established under ss. 402.301-402.319
109 must be consistent with the rules adopted by the State Fire
110 Marshal for child care facilities. However, if the facility is
111 operated in a public school, the department must shall use the
112 public school fire code, as provided in the rules of the State
113 Board of Education, as the minimum standard for firesafety.
114 (2) PERSONNEL.—Minimum standards for child care personnel
115 shall include minimum requirements as to:
116 (a) Good moral character based upon screening as defined in
117 s. 402.302 s. 402.302(15). This screening shall be conducted as
118 provided in chapter 435, using the level 2 standards for
119 screening provided set forth in that chapter, and include
120 employment history checks, a search of criminal history records,
121 sexual predator and sexual offender registries, and child abuse
122 and neglect registry of any state in which the current or
123 prospective child care personnel resided during the preceding 5
124 years. The department shall complete the screening and provide
125 the results to the child care facility within 5 business days.
126 If the department is unable to complete the screening within 5
127 business days, the department must issue the current or
128 prospective child care personnel a 45-day provisional hire
129 status while all required information is being requested and the
130 department is awaiting results. During the 45-day period, the
131 current or prospective child care personnel must be under the
132 direct supervision of a screened and trained staff member when
133 in contact with children.
134 (e) Minimum training requirements for child care personnel.
135 1. Such minimum standards for training shall ensure that
136 all child care personnel take an approved 40-clock-hour
137 introductory course in child care, which course covers at least
138 the following topic areas:
139 a. State and local rules and regulations which govern child
140 care.
141 b. Health, safety, and nutrition.
142 c. Identifying and reporting child abuse and neglect.
143 d. Child development, including typical and atypical
144 language, cognitive, motor, social, and self-help skills
145 development.
146 e. Observation of developmental behaviors, including using
147 a checklist or other similar observation tools and techniques to
148 determine the child’s developmental age level.
149 f. Specialized areas, including computer technology for
150 professional and classroom use and early literacy and language
151 development of children from birth to 5 years of age, as
152 determined by the department, for owner-operators and child care
153 personnel of a child care facility.
154 g. Developmental disabilities, including autism spectrum
155 disorder and Down syndrome, and early identification, use of
156 available state and local resources, classroom integration, and
157 positive behavioral supports for children with developmental
158 disabilities.
159 h. Online training coursework, provided at no cost by the
160 department, to meet minimum training standards for child care
161 personnel.
162
163 Within 90 days after employment, child care personnel shall
164 begin training to meet the training requirements. Child care
165 personnel shall successfully complete such training within 1
166 year after the date on which the training began, as evidenced by
167 passage of an in-person or online a competency examination.
168 Successful completion of the 40-clock-hour introductory course
169 shall articulate into community college credit in early
170 childhood education, pursuant to ss. 1007.24 and 1007.25.
171 Exemption from all or a portion of the required training shall
172 be granted to child care personnel based upon educational
173 credentials or passage of competency examinations. Child care
174 personnel possessing a 2-year degree or higher that includes 6
175 college credit hours in early childhood development or child
176 growth and development, or a child development associate
177 credential or an equivalent state-approved child development
178 associate credential, or a child development associate waiver
179 certificate shall be automatically exempted from the training
180 requirements in sub-subparagraphs b., d., and e.
181 2. The introductory course in child care shall stress, to
182 the extent possible, an interdisciplinary approach to the study
183 of children.
184 2.3. The introductory course shall cover recognition and
185 prevention of shaken baby syndrome; prevention of sudden infant
186 death syndrome; recognition and care of infants and toddlers
187 with developmental disabilities, including autism spectrum
188 disorder and Down syndrome; and early childhood brain
189 development within the topic areas identified in this paragraph.
190 3.4. On an annual basis in order to further their child
191 care skills and, if appropriate, administrative skills, child
192 care personnel who have fulfilled the requirements for the child
193 care training shall be required to take an additional 1
194 continuing education unit of approved inservice training, or 10
195 clock hours of equivalent training, as determined by the
196 department.
197 4.5. Child care personnel shall be required to complete 0.5
198 continuing education unit of approved training or 5 clock hours
199 of equivalent training, as determined by the department, in
200 early literacy and language development of children from birth
201 to 5 years of age one time. The year that this training is
202 completed, it shall fulfill the 0.5 continuing education unit or
203 5 clock hours of the annual training required in subparagraph 3.
204 4.
205 5.6. Procedures for ensuring the training of qualified
206 child care professionals to provide training of child care
207 personnel, including onsite training, shall be included in the
208 minimum standards. It is recommended that the state community
209 child care coordination agencies (central agencies) be
210 contracted by the department to coordinate such training when
211 possible. Other district educational resources, such as
212 community colleges and career programs, can be designated in
213 such areas where central agencies may not exist or are
214 determined not to have the capability to meet the coordination
215 requirements set forth by the department.
216 6.7. Training requirements do shall not apply to certain
217 occasional or part-time support staff, including, but not
218 limited to, swimming instructors, piano teachers, dance
219 instructors, and gymnastics instructors.
220 7.8. By December 31, 2023, the department shall evaluate or
221 contract for an evaluation of:
222 a. The current training requirements and coursework offered
223 to child care personnel and make recommendations to increase the
224 quality and relevancy of training.
225 b. The licensing and regulation of child care facilities
226 to:
227 (I) Identify rules that exceed specific delegated
228 legislative authority.
229 (II) Identify rules that are arbitrary, vague, or
230 redundant.
231 (III) Streamline the standards used to classify violations
232 and eliminate redundancy or subjectivity in application by
233 licensing counselors.
234 8. When the evaluation in subparagraph 7. is completed, the
235 department shall begin revising the regulation of child care
236 facilities to simplify ongoing licensure inspections, increase
237 objectivity, and provide a greater emphasis on technical
238 assistance. The evaluation shall be conducted every 5 years for
239 the general purpose of determining the status of and means to
240 improve staff training requirements and testing procedures. The
241 evaluation shall be conducted every 2 years. The evaluation
242 shall include, but not be limited to, determining the
243 availability, quality, scope, and sources of current staff
244 training; determining the need for specialty training; and
245 determining ways to increase inservice training and ways to
246 increase the accessibility, quality, and cost-effectiveness of
247 current and proposed staff training. The evaluation methodology
248 shall include a reliable and valid survey of child care
249 personnel.
250 9. The child care operator shall be required to take basic
251 training in serving children with disabilities within 5 years
252 after employment, either as a part of the introductory training
253 or the annual 8 hours of inservice training.
254 (f) Periodic health examinations.
255 (7) SANITATION AND SAFETY.—
256 (a) Minimum standards shall include requirements for
257 sanitary and safety conditions, first aid treatment, emergency
258 procedures, and pediatric cardiopulmonary resuscitation. The
259 minimum standards shall require that two at least one staff
260 persons person trained in cardiopulmonary resuscitation, as
261 evidenced by current documentation of course completion, must be
262 present at all times that children are present.
263 (9) ADMISSIONS AND RECORDKEEPING.—
264 (b) During the months of August and September of each year,
265 each child care facility shall provide parents of children
266 enrolled in the facility detailed information regarding the
267 causes, symptoms, and transmission of the influenza virus in an
268 effort to educate those parents regarding the importance of
269 immunizing their children against influenza as recommended by
270 the Advisory Committee on Immunization Practices of the Centers
271 for Disease Control and Prevention.
272 (c) During the months of April and September of each year,
273 at a minimum, each facility shall provide parents of children
274 enrolled in the facility information regarding the potential for
275 a distracted adult to fail to drop off a child at the facility
276 and instead leave the child in the adult’s vehicle upon arrival
277 at the adult’s destination. The child care facility shall also
278 give parents information about resources with suggestions to
279 avoid this occurrence. The department shall develop a flyer or
280 brochure with this information that shall be posted to the
281 department’s website, which child care facilities may choose to
282 reproduce and provide to parents to satisfy the requirements of
283 this paragraph.
284 (13) PLAN OF ACTIVITIES.—Minimum standards shall ensure
285 that each child care facility has and implements a written plan
286 for the daily provision of varied activities and active and
287 quiet play opportunities appropriate to the age of the child.
288 The written plan must include a program, to be implemented
289 periodically for children of an appropriate age, which will
290 assist the children in preventing and avoiding physical and
291 mental abuse.
292 (17) SPECIALIZED CHILD CARE FACILITIES FOR THE CARE OF
293 MILDLY ILL CHILDREN.—Minimum standards shall be developed by the
294 department, in conjunction with the Department of Health, for
295 specialized child care facilities for the care of mildly ill
296 children. The minimum standards shall address the following
297 areas: personnel requirements; staff-to-child ratios; staff
298 training and credentials; health and safety; physical facility
299 requirements, including square footage; client eligibility,
300 including a definition of “mildly ill children”; sanitation and
301 safety; admission and recordkeeping; dispensing of medication;
302 and a schedule of activities.
303 Section 3. Section 402.3115, Florida Statutes, is amended
304 to read:
305 402.3115 Elimination of duplicative and unnecessary
306 inspections; abbreviated inspections.—The Department of Children
307 and Families and local governmental agencies that license child
308 care facilities shall develop and implement a plan to eliminate
309 duplicative and unnecessary inspections of child care
310 facilities, family day care homes, and large family child care
311 homes. In addition, the department and the local governmental
312 agencies shall develop and implement an abbreviated inspection
313 plan for child care facilities that have been licensed for a
314 period of not less than 2 consecutive years, and do not have a
315 had no Class 1 and no more than two of the same or Class 2
316 deficiencies, as defined by rule, for at least 2 consecutive
317 years, have received at least two full onsite renewals in the
318 most recent 2 years, do not have any current uncorrected
319 violations, and do not have any open regulatory complaints or
320 active child protective services investigations. The department
321 shall annually calculate efficiencies and moneys saved due to
322 the implementation of abbreviated inspections. Such savings
323 shall be used to focus resources and technical assistance to
324 support child care facilities, family day care homes, and large
325 family child care homes that are having difficulty maintaining
326 compliance with the licensing requirements of s. 402.305, s.
327 402.313, or s. 402.3131. The abbreviated inspection must include
328 those elements identified by the department and the local
329 governmental agencies as being key indicators of whether the
330 child care facility continues to provide quality care and
331 programming and shall be updated every 5 years.
332 Section 4. Section 627.70161, Florida Statutes, is amended
333 to read:
334 627.70161 Family day care and large family child care home
335 insurance.—
336 (1) PURPOSE AND INTENT.—The Legislature recognizes that
337 family day care homes and large family child care homes fulfill
338 a vital role in providing child care in Florida. It is the
339 intent of the Legislature that residential property insurance
340 coverage should not be canceled, denied, or nonrenewed solely on
341 the basis of the family day care or large family child care home
342 services at the residence. The Legislature also recognizes that
343 the potential liability of residential property insurers is
344 substantially increased by the rendition of child care services
345 on the premises. The Legislature therefore finds that there is a
346 public need to specify that contractual liabilities that arise
347 in connection with the operation of the family day care home or
348 large family child care home are excluded from residential
349 property insurance policies unless they are specifically
350 included in such coverage.
351 (2) DEFINITIONS.—As used in this section, the term:
352 (a) “Child care” has the same meaning as in s. 402.302
353 means the care, protection, and supervision of a child, for a
354 period of less than 24 hours a day on a regular basis, which
355 supplements parental care, enrichment, and health supervision
356 for the child, in accordance with his or her individual needs,
357 and for which a payment, fee, or grant is made for care.
358 (b) “Family day care home” has the same meaning as in s.
359 402.302 means an occupied residence in which child care is
360 regularly provided for children from at least two unrelated
361 families and which receives a payment, fee, or grant for any of
362 the children receiving care, whether or not operated for a
363 profit.
364 (3) FAMILY DAY CARE AND LARGE FAMILY CHILD CARE; COVERAGE.
365 A residential property insurance policy shall not provide
366 coverage for liability for claims arising out of, or in
367 connection with, the operation of a family day care home or
368 large family child care home, and the insurer shall be under no
369 obligation to defend against lawsuits covering such claims,
370 unless:
371 (a) Specifically covered in a policy; or
372 (b) Covered by a rider or endorsement for business coverage
373 attached to a policy.
374 (4) DENIAL, CANCELLATION, REFUSAL TO RENEW PROHIBITED.—An
375 insurer may not deny, cancel, or refuse to renew a policy for
376 residential property insurance solely on the basis that the
377 policyholder or applicant operates a family day care home or
378 large family child care home. In addition to other lawful
379 reasons for refusing to insure, an insurer may deny, cancel, or
380 refuse to renew a policy of a family day care home or large
381 family child care home provider if one or more of the following
382 conditions occur:
383 (a) The policyholder or applicant provides care for more
384 children than authorized for family day care homes or large
385 family child care homes under by s. 402.302.;
386 (b) The policyholder or applicant fails to maintain a
387 separate commercial liability policy or an endorsement providing
388 liability coverage for the family day care home or large family
389 child care home operations.;
390 (c) The policyholder or applicant fails to comply with the
391 family day care home or large family child care home licensure
392 and registration requirements specified in s. 402.313 or s.
393 402.3131.; or
394 (d) Discovery of willful or grossly negligent acts or
395 omissions or any violations of state laws or regulations
396 establishing safety standards for family day care homes or large
397 family child care homes by the named insured or his or her
398 representative which materially increase any of the risks
399 insured.
400 Section 5. Paragraph (c) of subsection (3) of section
401 1002.55, Florida Statutes, is amended to read:
402 1002.55 School-year prekindergarten program delivered by
403 private prekindergarten providers.—
404 (3) To be eligible to deliver the prekindergarten program,
405 a private prekindergarten provider must meet each of the
406 following requirements:
407 (c) The private prekindergarten provider must have, for
408 each prekindergarten class of 11 children or fewer, at least one
409 prekindergarten instructor who meets each of the following
410 requirements:
411 1. The prekindergarten instructor must hold, at a minimum,
412 one of the following credentials:
413 a. A child development associate credential issued by the
414 National Credentialing Program of the Council for Professional
415 Recognition; or
416 b. A credential approved by the Department of Children and
417 Families as being equivalent to or greater than the credential
418 described in sub-subparagraph a.
419
420 The Department of Children and Families may adopt rules under
421 ss. 120.536(1) and 120.54 which provide criteria and procedures
422 for approving equivalent credentials under sub-subparagraph b.
423 2. Within 45 days after commencing employment, the
424 prekindergarten instructor must successfully complete three
425 emergent literacy training courses that include developmentally
426 appropriate and experiential learning practices for children and
427 a student performance standards training course approved by the
428 department as meeting or exceeding the minimum standards adopted
429 under s. 1002.59. The prekindergarten instructor must complete
430 an emergent literacy training course at least once every 5 years
431 after initially completing the three emergent literacy training
432 courses. The courses in this subparagraph must be recognized as
433 part of the informal early learning and career pathway
434 identified by the department under s. 1002.995(1)(b). The
435 requirement for completion of the standards training course
436 shall take effect July 1, 2022. The courses must be made
437 available online or in person.
438 Section 6. Subsection (4) of section 1002.61, Florida
439 Statutes, is amended to read:
440 1002.61 Summer prekindergarten program delivered by public
441 schools and private prekindergarten providers.—
442 (4) Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4),
443 each public school and private prekindergarten provider must
444 have, for each prekindergarten class, at least one
445 prekindergarten instructor who is a certified teacher or holds
446 one of the educational credentials specified in s. 1002.55(4)(a)
447 or (b), or an educational credential specified in s.
448 1002.55(3)(c)1.a. or b. as long as the instructor has completed
449 the early literacy micro-credential program under s.
450 1003.485(4)(h) or has an instructional support score of 3 or
451 higher on a program assessment conducted under s. 1002.68(2) or
452 s. 1002.82(2)(n). As used in this subsection, the term
453 “certified teacher” means a teacher holding a valid Florida
454 educator certificate under s. 1012.56 who has the qualifications
455 required by the district school board to instruct students in
456 the summer prekindergarten program. In selecting instructional
457 staff for the summer prekindergarten program, each school
458 district shall give priority to teachers who have experience or
459 coursework in early childhood education and have completed
460 emergent literacy and performance standards courses, as provided
461 for in s. 1002.55(3)(c)2.
462 Section 7. Paragraph (b) of subsection (2) of section
463 1002.67, Florida Statutes, is amended to read:
464 1002.67 Performance standards and curricula.—
465 (2)
466 (b) Each private prekindergarten provider’s and public
467 school’s curriculum must be developmentally appropriate and
468 must:
469 1. Be designed to prepare a student for early literacy and
470 provide for instruction in early math skills;
471 2. Enhance the age-appropriate progress of students in
472 attaining the performance standards adopted by the department
473 under subsection (1); and
474 3. Support student learning gains through differentiated
475 instruction that shall be measured by the coordinated screening
476 and progress monitoring program under s. 1008.25(8). A private
477 prekindergarten provider’s or public school’s curriculum may not
478 consist of using the coordinated screening and progress
479 monitoring program for direct student instruction; and
480 4. Exclude the student use of electronic devices, except to
481 complete the coordinated screening and progress monitoring
482 program under s. 1008.25(8).
483 Section 8. Subsection (2) and paragraphs (a), (d), and (f)
484 of subsection (4) of section 1002.68, Florida Statutes, are
485 amended to read:
486 1002.68 Voluntary Prekindergarten Education Program
487 accountability.—
488 (2) Beginning with the 2023-2024 2022-2023 program year,
489 each private prekindergarten provider and public school in the
490 Voluntary Prekindergarten Education Program must participate in
491 a program assessment of each voluntary prekindergarten education
492 classroom. The program assessment shall measure the quality of
493 teacher-child interactions, including emotional support,
494 classroom organization, and instructional support for children
495 ages 3 to 5 years. The program assessment may be conducted only
496 when at least 75 percent of enrolled students are in attendance.
497 Each private prekindergarten provider and public school in the
498 Voluntary Prekindergarten Education Program shall receive from
499 the department the results of the program assessment for each
500 classroom within 14 days after the observation. Each early
501 learning coalition shall be responsible for the administration
502 of the program assessments which must be conducted by
503 individuals qualified to conduct program assessments under s.
504 1002.82(2)(n).
505 (4)(a) Beginning with the 2023-2024 2022-2023 program year,
506 the department shall adopt a methodology for calculating each
507 private prekindergarten provider’s and public school provider’s
508 performance metric, which must be based on a combination of the
509 following:
510 1. Program assessment composite scores under subsection
511 (2), which must be weighted at no less than 50 percent.
512 2. Learning gains operationalized as change-in-ability
513 scores from the initial and final progress monitoring results
514 described in subsection (1).
515 3. Norm-referenced developmental learning outcomes
516 described in subsection (1).
517 (d) The methodology shall include a statistical latent
518 profile analysis that has been conducted by an independent
519 expert with experience in relevant quantitative analysis, early
520 childhood assessment, and designing state-level accountability
521 systems. The independent expert shall be identified through
522 competitive procurement before the 2023-2024 program year and
523 retained through the 2025-2026 program year and developed by the
524 department that shall produce a limited number of performance
525 metric profiles which summarize the profiles of all sites that
526 must be used to inform the following designations:
527 “unsatisfactory,” “emerging proficiency,” “proficient,” “highly
528 proficient,” and “excellent” or comparable terminology
529 determined by the office which may not include letter grades.
530 (f) The department shall adopt procedures to annually
531 calculate each private prekindergarten provider’s and public
532 school’s performance metric, based on the methodology adopted in
533 paragraphs (a) and (b), and assign a designation under paragraph
534 (d). Beginning with the 2024-2025 2023-2024 program year, each
535 private prekindergarten provider or public school shall be
536 assigned a designation within 45 days after the conclusion of
537 the school-year Voluntary Prekindergarten Education Program
538 delivered by all participating private prekindergarten providers
539 or public schools and within 45 days after the conclusion of the
540 summer Voluntary Prekindergarten Education Program delivered by
541 all participating private prekindergarten providers or public
542 schools.
543 Section 9. Subsection (7) of section 1002.71, Florida
544 Statutes, is amended to read:
545 1002.71 Funding; financial and attendance reporting.—
546 (7) The department shall require that administrative
547 expenditures be kept to the minimum necessary for efficient and
548 effective administration of the Voluntary Prekindergarten
549 Education Program. Administrative policies and procedures shall
550 be revised, to the maximum extent practicable, to incorporate
551 the use of automation and electronic submission of forms,
552 including those required for child eligibility and enrollment,
553 provider and class registration, and monthly certification of
554 attendance for payment. A school district may use its automated
555 daily attendance reporting system for the purpose of
556 transmitting attendance records to the early learning coalition
557 in a mutually agreed-upon format. In addition, actions shall be
558 taken to reduce paperwork, eliminate the duplication of reports,
559 and eliminate other duplicative activities. Each early learning
560 coalition may retain and expend no more than 4.0 percent of the
561 funds allocated under paragraph (3)(c), which shall be
562 calculated based on the number of applications processed
563 pursuant to s. 1002.53(4)(a) paid by the coalition to private
564 prekindergarten providers and public schools under paragraph
565 (5)(b). Funds retained by an early learning coalition under this
566 subsection may be used only for administering the Voluntary
567 Prekindergarten Education Program and may not be used for the
568 school readiness program or other programs.
569 Section 10. Paragraphs (f), (j), and (q) of subsection (2)
570 of section 1002.82, Florida Statutes, are amended to read:
571 1002.82 Department of Education; powers and duties.—
572 (2) The department shall:
573 (f) Establish a unified approach to the state’s efforts to
574 coordinate a comprehensive early learning program. In support of
575 this effort, the department:
576 1. Shall adopt specific program support services that
577 address the state’s school readiness program, including:
578 a. Statewide data information program requirements that
579 include:
580 (I) Eligibility requirements.
581 (II) Financial reports.
582 (III) Program accountability measures.
583 (IV) Child progress reports.
584 (V) The assignment of a Florida Education Identifier, as
585 used by the department, for children in the school readiness
586 program under this part and the Voluntary Prekindergarten
587 Education Program under part V of this chapter.
588 (VI) The assignment of a Florida Education Identifier, as
589 used by the department, for instructors in the school readiness
590 program under this part and the Voluntary Prekindergarten
591 Education Program under part V of this chapter.
592 b. Child care resource and referral services.
593 c. A single point of entry and uniform waiting list.
594 2. May provide technical assistance and guidance on
595 additional support services to complement the school readiness
596 program, including:
597 a. Warm-Line services.
598 b. Anti-fraud plans.
599 c. Training and support for parental involvement in
600 children’s early education.
601 d. Family literacy activities and services.
602 (j) Monitor the alignment and consistency of the standards
603 and benchmarks developed and adopted by the department that
604 address the age-appropriate progress of children in the
605 development of school readiness skills. The standards for
606 children from birth to kindergarten entry in the school
607 readiness program must be aligned with the performance standards
608 adopted for children in the Voluntary Prekindergarten Education
609 Program and must address the following domains:
610 1. Approaches to learning.
611 2. Cognitive development and general knowledge.
612 3. Numeracy, language, and communication.
613 4. Physical development.
614 5. Executive functioning Self-regulation.
615 (q) Contract for Establish a single statewide information
616 system that shall be used to manage all early learning programs,
617 including the child care licensing and child care training
618 within the Child Care Services Program Office of the Department
619 of Children and Families, and that each coalition must use for
620 the purposes of managing the single point of entry, tracking
621 children’s progress, coordinating services among stakeholders,
622 determining eligibility of children, tracking child attendance,
623 and streamlining administrative processes for providers and
624 early learning coalitions. By October 1, 2024 July 1, 2019, the
625 system, subject to ss. 1002.72 and 1002.97, shall:
626 1. Allow a parent to find early learning programs online,
627 including the performance profile under s. 1002.92(3)(a).
628 2.1. Allow a parent to monitor the development of his or
629 her child as the child moves among programs within the state.
630 3.2. Enable analysis at the state, regional, and local
631 level to measure child growth over time, program impact, and
632 quality improvement and investment decisions.
633 Section 11. Subsection (6) of section 1002.83, Florida
634 Statutes, is amended to read:
635 1002.83 Early learning coalitions.—
636 (6) The early learning coalition may appoint additional at
637 large members as long as the number of at-large members
638 appointed does not make up more than one-third of the board’s
639 composition. The at-large members may be who must be private
640 sector business members, either for-profit or nonprofit and may,
641 who do not have, or have any and none of whose relatives as
642 defined in s. 112.3143 who have has, a substantial financial
643 interest in the design or delivery of the Voluntary
644 Prekindergarten Education Program created under part V of this
645 chapter or the school readiness program. The department shall
646 establish criteria for appointing at-large private sector
647 business members. These criteria must include standards for
648 determining whether a member or relative has a substantial
649 financial interest in the design or delivery of the Voluntary
650 Prekindergarten Education Program or the school readiness
651 program.
652 Section 12. Paragraph (b) of subsection (4) of section
653 1002.89, Florida Statutes, is amended to read:
654 1002.89 School readiness program; funding.—
655 (4) COST REQUIREMENTS.—Costs shall be kept to the minimum
656 necessary for the efficient and effective administration of the
657 school readiness program with the highest priority of
658 expenditure being direct services for eligible children.
659 However, no more than 5 percent of the funds allocated in
660 paragraph (1)(a) may be used for administrative costs and no
661 more than 22 percent of the funds allocated in paragraph (1)(a)
662 may be used in any fiscal year for any combination of
663 administrative costs, quality activities, and nondirect services
664 as follows:
665 (b) Activities to improve the quality of child care as
666 described in 45 C.F.R. s. 98.53, which shall be limited to the
667 following:
668 1. Developing, establishing, expanding, operating, and
669 coordinating resource and referral programs specifically related
670 to the provision of comprehensive consumer education to parents
671 and the public to promote informed child care choices specified
672 in 45 C.F.R. s. 98.33.
673 2. Awarding grants and providing financial support to
674 school readiness program providers and their staff to assist
675 them in meeting applicable state requirements for the program
676 assessment required under s. 1002.82(2)(n), child care
677 performance standards, implementing the developmentally
678 appropriate curriculum commissioned under s. 1002.82(2)(l)
679 curricula and related classroom resources that support parent
680 engagement curricula, providing literacy supports, and providing
681 continued professional development through the Teacher Education
682 and Compensation Helps (TEACH) Scholarship Program under s.
683 1002.95 and training aligned to the early learning professional
684 development standards and career pathways under s. 1002.995 and
685 training. Any grants awarded pursuant to this subparagraph shall
686 comply with ss. 215.971 and 287.058.
687 3. Providing training aligned with the early learning
688 professional development standards and career pathways under s.
689 1002.995, technical assistance, and financial support to school
690 readiness program providers, staff, and parents on standards,
691 child screenings, child assessments, the child development
692 research and best practices, developmentally appropriate
693 curriculum commissioned under s. 1002.82(2)(l), executive
694 functioning curricula, character development, teacher-child
695 interactions, age-appropriate discipline practices, health and
696 safety, including reimbursement for background screenings,
697 nutrition, first aid, cardiopulmonary resuscitation, the
698 recognition of communicable diseases, and child abuse detection,
699 prevention, and reporting.
700 4. Providing, from among the funds provided for the
701 activities described in subparagraphs 1.-3., adequate funding
702 for infants and toddlers as necessary to meet federal
703 requirements related to expenditures for quality activities for
704 infant and toddler care.
705 5. Improving the monitoring of compliance with, and
706 enforcement of, applicable state and local requirements as
707 described in and limited by 45 C.F.R. s. 98.40.
708 6. Responding to Warm-Line requests by providers and
709 parents, including providing developmental and health screenings
710 to school readiness program children.
711 Section 13. Paragraph (b) of subsection (4) of section
712 1002.945, Florida Statutes, is amended to read:
713 1002.945 Gold Seal Quality Care Program.—
714 (4) In order to obtain and maintain a designation as a Gold
715 Seal Quality Care provider, a child care facility, large family
716 child care home, or family day care home must meet the following
717 additional criteria:
718 (b) The child care provider must not have had three or more
719 of the same class II violations, as defined by rule of the
720 Department of Children and Families, within the 2 years
721 preceding its application for designation as a Gold Seal Quality
722 Care provider. Commission of three or more of the same class II
723 violations within a 2-year period shall be grounds for
724 termination of the designation as a Gold Seal Quality Care
725 provider until the provider has no class II violations that are
726 the same for a period of 1 year.
727 Section 14. Section 1002.95, Florida Statutes, is amended
728 to read:
729 1002.95 Teacher Education and Compensation Helps (TEACH)
730 Scholarship Program.—
731 (1) The department may contract for the administration of
732 the Teacher Education and Compensation Helps (TEACH) Scholarship
733 Program, which provides educational scholarships to instructors
734 caregivers and administrators of early childhood programs,
735 family day care homes, and large family child care homes. The
736 goal of the program is to increase the education and training
737 for instructors caregivers, increase the compensation for child
738 instructors caregivers who complete the program requirements,
739 and reduce the rate of participant turnover in the field of
740 early childhood education.
741 (2) An early learning coalition shall support the Teacher
742 Education and Compensation Helps (TEACH) Scholarship Program for
743 instructors by reimbursing child care providers for the
744 copayment portion of the program for each instructor who
745 completes a child development associate credential in his or her
746 service area which shall be funded in accordance with s.
747 1002.89(4)(b).
748 (3)(2) The State Board of Education shall adopt rules as
749 necessary to administer this section.
750 Section 15. Paragraph (b) of subsection (5) of section
751 1008.25, Florida Statutes, is amended to read:
752 1008.25 Public school student progression; student support;
753 coordinated screening and progress monitoring; reporting
754 requirements.—
755 (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
756 (b) A Voluntary Prekindergarten Education Program student
757 who exhibits a substantial deficiency in early literacy skills
758 in accordance with the standards under s. 1002.67(1)(a) and
759 based upon the results of the administration of the final
760 coordinated screening and progress monitoring under subsection
761 (8) shall be referred to the local school district and may be
762 eligible to receive intensive reading interventions the summer
763 before participating in kindergarten. The intensive reading
764 intervention may be delivered by a private prekindergarten
765 provider or public school prekindergarten provider that is
766 qualified to offer the summer Voluntary Prekindergarten
767 Education Program in accordance with s. 1002.61. The program
768 shall consist of no more than 4 hours of instruction per day for
769 a total of 140 hours. Such intensive reading interventions shall
770 be paid for using funds from the General Appropriations Act in
771 accordance with the rate set for a student in a summer
772 prekindergarten program district’s evidence-based reading
773 instruction allocation in accordance with s. 1011.62(8).
774 Section 16. Paragraph (a) of subsection (4) of section
775 39.101, Florida Statutes, is amended to read:
776 39.101 Central abuse hotline.—The central abuse hotline is
777 the first step in the safety assessment and investigation
778 process.
779 (4) USE OF INFORMATION RECEIVED BY THE CENTRAL ABUSE
780 HOTLINE.—
781 (a) Information received by the central abuse hotline may
782 not be used for employment screening, except as provided in s.
783 39.202(2)(a) and (h) or s. 402.302(16) s. 402.302(15).
784 Section 17. Subsections (3) and (4) of section 1002.57,
785 Florida Statutes, are amended to read:
786 1002.57 Prekindergarten director credential.—
787 (3) The prekindergarten director credential must meet or
788 exceed the requirements of the Department of Children and
789 Families for the child care facility director credential under
790 s. 402.305(2)(f) s. 402.305(2)(g), and successful completion of
791 the prekindergarten director credential satisfies these
792 requirements for the child care facility director credential.
793 (4) The department shall, to the maximum extent
794 practicable, award credit to a person who successfully completes
795 the child care facility director credential under s.
796 402.305(2)(f) s. 402.305(2)(g) for those requirements of the
797 prekindergarten director credential which are duplicative of
798 requirements for the child care facility director credential.
799 Section 18. Subsection (1) of section 1002.59, Florida
800 Statutes, is amended to read:
801 1002.59 Emergent literacy and performance standards
802 training courses.—
803 (1) The department, in collaboration with the Just Read,
804 Florida! Office, shall adopt minimum standards for courses in
805 emergent literacy for prekindergarten instructors. Each course
806 must comprise 5 clock hours and provide instruction in
807 strategies and techniques to address the age-appropriate
808 progress of prekindergarten students in developing emergent
809 literacy skills, including oral communication, knowledge of
810 print and letters, phonological and phonemic awareness, and
811 vocabulary and comprehension development, consistent with the
812 evidence-based content and strategies identified pursuant to s.
813 1001.215(8). The course standards must be reviewed as part of
814 any review of subject coverage or endorsement requirements in
815 the elementary, reading, and exceptional student educational
816 areas conducted pursuant to s. 1012.586. Each course must also
817 provide resources containing strategies that allow students with
818 disabilities and other special needs to derive maximum benefit
819 from the Voluntary Prekindergarten Education Program. Successful
820 completion of an emergent literacy training course approved
821 under this section satisfies requirements for approved training
822 in early literacy and language development under ss.
823 402.305(2)(e)4., 402.313(6), and 402.3131(5) ss.
824 402.305(2)(e)5., 402.313(6), and 402.3131(5).
825 Section 19. This act shall take effect July 1, 2023.