Florida Senate - 2024                                    SB 1026
       
       
        
       By Senator Grall
       
       
       
       
       
       29-00921B-24                                          20241026__
    1                        A bill to be entitled                      
    2         An act relating to early learning; amending s.
    3         1002.61, F.S.; revising requirements for
    4         prekindergarten instructors; amending s. 1002.67,
    5         F.S.; prohibiting private prekindergarten provider and
    6         public school curricula from using a coordinated
    7         screening and progress monitoring program or other
    8         specified methods for direct student instruction;
    9         amending s. 1002.68, F.S.; authorizing alternative
   10         methods for calculating program assessment composite
   11         scores; requiring prekindergarten providers and public
   12         schools to notify parents under certain circumstances;
   13         revising exceptions for a good cause exemption; making
   14         technical changes; amending s. 1002.71, F.S.; revising
   15         the percentage of funds an early learning coalition
   16         may retain and expend; amending s. 1002.82, F.S.;
   17         revising the performance standards adopted by the
   18         Department of Education relating to the Voluntary
   19         Prekindergarten Education Program; amending s.
   20         1002.83, F.S.; authorizing an early learning coalition
   21         to appoint a certain additional board member; amending
   22         s. 1002.89, F.S.; revising school readiness program
   23         expenditures that are subject to certain cost
   24         requirements; amending s. 1008.25, F.S.; providing
   25         that certain Voluntary Prekindergarten Education
   26         Program students are eligible to receive instructional
   27         support in early literacy skills through a specified
   28         program; providing specifications for the program;
   29         providing for funding for the program; providing an
   30         effective date.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Subsection (4) of section 1002.61, Florida
   35  Statutes, is amended to read:
   36         1002.61 Summer prekindergarten program delivered by public
   37  schools and private prekindergarten providers.—
   38         (4) Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4),
   39  each public school and private prekindergarten provider must
   40  have, for each prekindergarten class, at least one
   41  prekindergarten instructor who is a certified teacher or holds
   42  one of the educational credentials specified in s. 1002.55(4)(a)
   43  or (b), or an educational credential specified in s.
   44  1002.55(3)(c)1. as long as the instructor has completed the
   45  early literacy micro-credential program under s. 1003.485 or has
   46  an instructional support score of 3 or higher on a program
   47  assessment conducted under s. 1002.68(2) or s. 1002.82(2)(n). As
   48  used in this subsection, the term “certified teacher” means a
   49  teacher holding a valid Florida educator certificate under s.
   50  1012.56 who has the qualifications required by the district
   51  school board to instruct students in the summer prekindergarten
   52  program. In selecting instructional staff for the summer
   53  prekindergarten program, each school district shall give
   54  priority to teachers who have experience or coursework in early
   55  childhood education and have completed emergent literacy and
   56  performance standards courses, as provided for in s.
   57  1002.55(3)(c)2.
   58         Section 2. Paragraph (b) of subsection (2) of section
   59  1002.67, Florida Statutes, is amended to read:
   60         1002.67 Performance standards and curricula.—
   61         (2)
   62         (b) Each private prekindergarten provider’s and public
   63  school’s curriculum must be developmentally appropriate and
   64  must:
   65         1. Be designed to prepare a student for early literacy and
   66  provide for instruction in early math skills;
   67         2. Develop students’ background knowledge through a
   68  content-rich and sequential knowledge building early literacy
   69  curriculum;
   70         3. Enhance the age-appropriate progress of students in
   71  attaining the performance standards adopted by the department
   72  under subsection (1); and
   73         4. Support student learning gains through differentiated
   74  instruction that must shall be measured by the coordinated
   75  screening and progress monitoring program under s. 1008.25(9). A
   76  private prekindergarten provider’s or public school’s curriculum
   77  may not use the coordinated screening and progress monitoring
   78  program, any other progress monitoring program, or an
   79  instructional program that requires one student to one device
   80  for direct student instruction.
   81         Section 3. Paragraphs (a) and (c) of subsection (4),
   82  paragraph (a) of subsection (5), and paragraph (d) of subsection
   83  (6) of section 1002.68, Florida Statutes, are amended to read:
   84         1002.68 Voluntary Prekindergarten Education Program
   85  accountability.—
   86         (4)(a) Beginning with the 2024-2025 2023-2024 program year,
   87  the department shall adopt a methodology for calculating each
   88  private prekindergarten provider’s and public school provider’s
   89  performance metric, which must be based on a combination of the
   90  following:
   91         1. Program assessment composite scores under subsection
   92  (2), which may be calculated differently, based on the
   93  methodology adopted by the department, than the program
   94  assessment composite score required for contracting in paragraph
   95  (5)(a), and which must be weighted at no less than 50 percent.
   96         2. Learning gains operationalized as change-in-ability
   97  scores from the initial and final progress monitoring results
   98  described in subsection (1).
   99         3. Norm-referenced developmental learning outcomes
  100  described in subsection (1).
  101         (c) The program assessment composite score in subsection
  102  (5) and performance metric must be calculated for each private
  103  prekindergarten or public school site.
  104         (5)(a) Beginning with the 2024-2025 program year, if a
  105  private prekindergarten provider’s or public school’s
  106  performance metric or designation does not maintain falls below
  107  the minimum performance metric or designation, the early
  108  learning coalition shall:
  109         1. Require the provider or school to submit for approval to
  110  the early learning coalition an improvement plan and implement
  111  the plan.
  112         2. Place the provider or school on probation.
  113         3. Require the provider or school to take certain
  114  corrective actions, including notifying the parent of each
  115  student enrolled in the Voluntary Prekindergarten Education
  116  Program based on rules adopted by the department and the use of
  117  a curriculum approved by the department under s. 1002.67(2)(c)
  118  and a staff development plan approved by the department to
  119  strengthen instructional practices in emotional support,
  120  classroom organization, instructional support, language
  121  development, phonological awareness, alphabet knowledge, and
  122  mathematical thinking.
  123         (6)
  124         (d) A good cause exemption may not be granted to any
  125  private prekindergarten provider or public school that has any
  126  class I violations or three two or more of the same class II
  127  violations, as defined by rule of the Department of Children and
  128  Families, within the 2 years preceding the provider’s or
  129  school’s request for the exemption.
  130         Section 4. Subsection (7) of section 1002.71, Florida
  131  Statutes, is amended to read:
  132         1002.71 Funding; financial and attendance reporting.—
  133         (7) The department shall require that administrative
  134  expenditures be kept to the minimum necessary for efficient and
  135  effective administration of the Voluntary Prekindergarten
  136  Education Program. Administrative policies and procedures shall
  137  be revised, to the maximum extent practicable, to incorporate
  138  the use of automation and electronic submission of forms,
  139  including those required for child eligibility and enrollment,
  140  provider and class registration, and monthly certification of
  141  attendance for payment. A school district may use its automated
  142  daily attendance reporting system for the purpose of
  143  transmitting attendance records to the early learning coalition
  144  in a mutually agreed-upon format. In addition, actions shall be
  145  taken to reduce paperwork, eliminate the duplication of reports,
  146  and eliminate other duplicative activities. Each early learning
  147  coalition may retain and expend no more than 5 4.0 percent of
  148  the funds paid by the coalition to private prekindergarten
  149  providers and public schools under paragraph (5)(b). Funds
  150  retained by an early learning coalition under this subsection
  151  may be used only for administering the Voluntary Prekindergarten
  152  Education Program and may not be used for the school readiness
  153  program or other programs.
  154         Section 5. Paragraph (j) of subsection (2) of section
  155  1002.82, Florida Statutes, is amended to read:
  156         1002.82 Department of Education; powers and duties.—
  157         (2) The department shall:
  158         (j) Monitor the alignment and consistency of the standards
  159  and benchmarks developed and adopted by the department that
  160  address the age-appropriate progress of children in the
  161  development of school readiness skills. The standards for
  162  children from birth to kindergarten entry in the school
  163  readiness program must be aligned with the performance standards
  164  adopted for children in the Voluntary Prekindergarten Education
  165  Program and must address the following domains:
  166         1. Approaches to learning.
  167         2. Cognitive development and general knowledge.
  168         3. Numeracy, language, and communication.
  169         4. Physical development.
  170         5. Executive functioning Self-regulation.
  171         Section 6. Present subsections (5) through (16) of section
  172  1002.83, Florida Statutes, are redesignated as subsections (6)
  173  through (17), respectively, a new subsection (5) is added to
  174  that section, and subsection (3) of that section is amended, to
  175  read:
  176         1002.83 Early learning coalitions.—
  177         (3) The Governor shall appoint the chair and two other
  178  members of each early learning coalition, who must each meet the
  179  qualifications of a private sector business member under
  180  subsection (7) (6). In the absence of a governor-appointed
  181  chair, the Commissioner of Education may appoint an interim
  182  chair from the current early learning coalition board
  183  membership.
  184         (5) Each early learning coalition may choose to appoint an
  185  additional public sector board member in order to include a
  186  representative of local law enforcement.
  187         Section 7. Subsection (4) of section 1002.89, Florida
  188  Statutes, is amended to read:
  189         1002.89 School readiness program; funding.—
  190         (4) COST REQUIREMENTS.—Costs shall be kept to the minimum
  191  necessary for the efficient and effective administration of the
  192  school readiness program with the highest priority of
  193  expenditure being direct services for eligible children.
  194  However, no more than 5 percent of the funds allocated in
  195  paragraph (1)(a) may be used for administrative costs and no
  196  more than 22 percent of the funds allocated in paragraph (1)(a)
  197  may be used in any fiscal year for any combination of
  198  administrative costs, quality activities, and nondirect services
  199  as follows:
  200         (a) Administrative costs as described in 45 C.F.R. s.
  201  98.54, which shall include monitoring providers using the
  202  standard methodology adopted under s. 1002.82 to improve
  203  compliance with state and federal regulations and law pursuant
  204  to the requirements of the statewide provider contract adopted
  205  under s. 1002.82(2)(m).
  206         (b) Activities to improve the quality of child care as
  207  described in 45 C.F.R. s. 98.53, which shall be limited to the
  208  following:
  209         1. Developing, establishing, expanding, operating, and
  210  coordinating resource and referral programs specifically related
  211  to the provision of comprehensive consumer education to parents
  212  and the public to promote informed child care choices specified
  213  in 45 C.F.R. s. 98.33.
  214         2. Awarding grants and providing financial support to
  215  school readiness program providers and their staff to assist
  216  them in meeting applicable state requirements for the program
  217  assessment required under s. 1002.82(2)(n), child care
  218  performance standards, implementing developmentally appropriate
  219  curricula and related classroom resources that support parent
  220  engagement curricula, providing literacy supports, and providing
  221  continued professional development through the Teacher Education
  222  and Compensation Helps (TEACH) Scholarship Program under s.
  223  1002.95 and training aligned to the early learning professional
  224  development standards and career pathways under s. 1002.995, and
  225  reimbursement for background screenings and training. Any grants
  226  awarded pursuant to this subparagraph must shall comply with ss.
  227  215.971 and 287.058.
  228         3. Providing training aligned with the early learning
  229  professional development standards and career pathways under s.
  230  1002.995, technical assistance, and financial support to school
  231  readiness program providers, staff, and parents on standards,
  232  child screenings, child assessments, the child development
  233  research and best practices, developmentally appropriate
  234  curriculum under s. 1002.82(2)(l), executive functioning
  235  curricula, character development, teacher-child interactions,
  236  age-appropriate discipline practices, health and safety,
  237  nutrition, first aid, cardiopulmonary resuscitation, the
  238  recognition of communicable diseases, and child abuse detection,
  239  prevention, and reporting.
  240         4. Providing, from among the funds provided for the
  241  activities described in subparagraphs 1.-3., adequate funding
  242  for infants and toddlers as necessary to meet federal
  243  requirements related to expenditures for quality activities for
  244  infant and toddler care.
  245         5. Improving the monitoring of compliance with, and
  246  enforcement of, applicable state and local requirements as
  247  described in and limited by 45 C.F.R. s. 98.40.
  248         6. Responding to Warm-Line requests by providers and
  249  parents, including providing developmental and health screenings
  250  to school readiness program children.
  251         (c) Nondirect services as described in applicable Office of
  252  Management and Budget instructions are those services not
  253  defined as administrative, direct, or quality services that are
  254  required to administer the school readiness program. Such
  255  services include, but are not limited to:
  256         1. Assisting families to complete the required application
  257  and eligibility documentation.
  258         2. Determining child and family eligibility.
  259         3. Recruiting eligible child care providers.
  260         4. Processing and tracking attendance records.
  261         5. Developing and maintaining a statewide child care
  262  information system.
  263  
  264  As used in this paragraph, the term “nondirect services” does
  265  not include payments to school readiness program providers for
  266  direct services provided to children who are eligible under s.
  267  1002.87, administrative costs as described in paragraph (a), or
  268  quality activities as described in paragraph (b).
  269         Section 8. Paragraph (b) of subsection (5) of section
  270  1008.25, Florida Statutes, is amended to read:
  271         1008.25 Public school student progression; student support;
  272  coordinated screening and progress monitoring; reporting
  273  requirements.—
  274         (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
  275         (b) A Voluntary Prekindergarten Education Program student
  276  who has attended at least 80 percent of the school year program
  277  and who exhibits a substantial deficiency in early literacy
  278  skills as identified by the performance standards adopted under
  279  s. 1002.67(1)(a) and scores below the 20th percentile on based
  280  upon the results of the administration of the final
  281  administration of the coordinated screening and progress
  282  monitoring under subsection (9) is shall be referred to the
  283  local school district and may be eligible to receive early
  284  literacy instructional support through a summer bridge program
  285  the summer instruction in early literacy skills before
  286  participating in kindergarten. The summer bridge program must
  287  meet the requirements adopted by the department and consist of 4
  288  hours of instruction per day for a minimum of 100 total hours.
  289  Such early literacy skill instructional support must be paid for
  290  with funds from the district’s evidence-based reading
  291  instruction allocation in accordance with s. 1003.4201 A student
  292  with an individual education plan who has been retained pursuant
  293  to paragraph (2)(g) and has demonstrated a substantial
  294  deficiency in early literacy skills must receive instruction in
  295  early literacy skills.
  296         Section 9. This act shall take effect July 1, 2024.