Senate Bill 0182c1

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    Florida Senate - 1998                            CS for SB 182

    By the Committee on Children, Families and Seniors and Senator
    Kirkpatrick




    300-1642A-98

  1                      A bill to be entitled

  2         An act relating to early education and child

  3         care; creating s. 402.265, F.S.; providing

  4         legislative intent; establishing the early

  5         education and child care program and providing

  6         for optional participation; creating the School

  7         Readiness Commission to serve as an advisory

  8         body to the State Board of Education and other

  9         state agencies on matters relating to school

10         readiness; providing for the commission to be

11         assigned to the Executive Office of the

12         Governor for administrative purposes; providing

13         for oversight; establishing a School Readiness

14         Coordinating Council; providing eligibility for

15         participation in the program; providing

16         performance standards and outcome measures;

17         providing for School Readiness Coalitions;

18         providing for implementation of programs;

19         requiring development of a plan and providing

20         program requirements; requiring a sliding fee

21         scale; providing for funding; requiring a

22         reimbursement rate schedule; providing

23         requirements relating to fiscal agents;

24         providing for vouchers or contracts and an

25         electronic funds transfer system; providing for

26         evaluation and reporting; providing that

27         federal requirements control in the case of

28         conflict; exempting family child care providers

29         from increased standards; repealing s.

30         411.222(4), F.S., relating to the State

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    Florida Senate - 1998                            CS for SB 182
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  1         Coordinating Council for Early Childhood

  2         Services; providing an effective date.

  3

  4  Be It Enacted by the Legislature of the State of Florida:

  5

  6         Section 1.  Section 402.265, Florida Statutes, is

  7  created to read:

  8         402.265  Early education and child care program.--

  9         (1)  LEGISLATIVE INTENT.--

10         (a)  The Legislature recognizes that high-quality early

11  education and child care programs increase children's chances

12  of achieving future educational success and becoming

13  productive members of society.  It is the intent of the

14  Legislature that such programs be developmental, serve as

15  preventive measures for children at risk of future school

16  failure, enhance the educational readiness of all children,

17  and support family education and the involvement of parents in

18  their child's educational progress.  Each early education and

19  child care program shall provide the elements necessary to

20  help prepare preschool children for school, including health

21  screening and referral, a developmentally appropriate

22  educational program, and opportunities for parental

23  involvement in the program.

24         (b)  It is legislative intent that early education and

25  child care programs be operated within funding limits on a

26  full-day, year-round basis to enable parents to work and

27  become financially self-sufficient.

28         (c)  It is legislative intent that early education and

29  child care programs not exist as isolated programs, but build

30  upon existing services and work in cooperation with other

31  programs for young children, and that these programs be

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    Florida Senate - 1998                            CS for SB 182
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  1  coordinated and funding integrated to achieve full

  2  effectiveness.

  3         (d)  It is legislative intent that the implementation

  4  of an early education and child care program be optional on a

  5  county-by-county basis.  It is further intended that, if a

  6  county or counties decide to implement a program, procedures

  7  such as, but not limited to, contracting, collocation,

  8  mainstreaming, and cooperative and integrated funding shall be

  9  used to coordinate all publicly funded early education and

10  child care programs, defined as prekindergarten early

11  intervention programs, Head Start programs, programs offered

12  by public or private providers of child care, preschool

13  programs for children with disabilities, programs for migrant

14  children, Title I programs, subsidized child care programs,

15  teen parent programs, and other services.

16         (2)  OPTIONAL PROGRAM; EXEMPTIONS.--The early education

17  and child care program is an optional program. A county or

18  counties may elect to participate in this program by following

19  the requirements of this section. The provisions of this

20  section shall supersede and prevail over any provisions of ss.

21  230.2305 and 402.3015 as to any county that chooses to

22  participate in the early education and child care program and

23  obtains plan approval from the School Readiness Coordinating

24  Council.

25         (3) SCHOOL READINESS COMMISSION.--The School Readiness

26  Commission is established and assigned to the Executive Office

27  of the Governor for administrative purposes.  The commission

28  shall carry out the duties and responsibilities provided in

29  this section and delegated by the State Board of Education,

30  and the commission is not subject to control, supervision, or

31  direction by the Executive Office of the Governor or the State

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    Florida Senate - 1998                            CS for SB 182
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  1  Board of Education. The commission shall be composed of 12

  2  members of the public, to be appointed by the Governor. The

  3  commission shall serve as a citizen board to coordinate the

  4  efforts toward school readiness in this state and provide

  5  independent policy analyses and recommendations to the

  6  Governor, the State Board of Education, and the Legislature.

  7         (4)  CREATION; OVERSIGHT; SCHOOL READINESS COORDINATING

  8  COUNCIL.--

  9         (a)  The early education and child care program,

10  consisting of publicly funded programs listed in paragraph

11  (1)(d), is established.

12         (b)  There is established the School Readiness

13  Coordinating Council with responsibility for implementing the

14  policies of the School Readiness Commission, facilitating

15  local implementation, reviewing and approving local plans,

16  providing technical assistance, and helping secure waivers.

17  The School Readiness Coordinating Council shall consist of:

18         1.  The Deputy Commissioner of Education Programs in

19  the Department of Education;

20         2.  The Secretary of Children and Family Services or a

21  designated division director;

22         3.  The Secretary of Health or a designated division

23  director;

24         4.  The Chair of the Child Care Partnership Board;

25         5.  The Executive Director of the State WAGES Board;

26         6.  The President of the Florida Pediatric Society;

27         7.  The Chair of the Florida Council of 100;

28         8.  The President of the Head Start Directors'

29  Association;

30         9.  The President of the Florida Children's Forum;

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  1         10.  The Chair of the Developmental Disabilities

  2  Council;

  3         11.  The Director of the Healthy Start Coalition

  4  Association;

  5         12.  The President of the Florida School Boards

  6  Association;

  7         13.  The Chair of the Florida Association of Family

  8  Child Care Homes;

  9         14.  The Chair of a School Readiness Coalition; and

10         15.  An additional five members representing the

11  private-sector business community. These five members must be

12  selected by a majority vote of the other members.

13

14  The School Readiness Coordinating Council shall select a chair

15  from among the business community and a vice chair.

16         (c)  School Readiness Coordinating Council members are

17  entitled to receive per diem and expenses for travel, as

18  provided in s. 112.061, while carrying out the official

19  business of the council.  For administrative purposes only,

20  the council shall be assigned to the Office of the Governor.

21         (d)  The School Readiness Coordinating Council shall

22  meet and conduct business at least quarterly or as needed to

23  carry out the duties of the council.

24         (e)  The School Readiness Coordinating Council shall be

25  staffed by the Office of the Governor and draw upon state

26  agency personnel and resources as needed to implement policy

27  necessary to facilitate the early education and child care

28  program.

29         (f)  Quarterly meetings of the School Readiness

30  Coordinating Council shall be open to the public and

31  opportunity for public comment shall be made available at each

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  1  such meeting.  The staff of the School Readiness Coordinating

  2  Council shall notify all persons who request such notice as to

  3  the date, time, and place of each quarterly meeting.

  4         (5)  PROGRAM ELIGIBILITY.--The early education and

  5  child care program shall be established for children from

  6  birth to 13 years of age. The program shall be coordinated,

  7  and its funding integrated, with the programs listed in

  8  paragraph (1)(d), be administered by a fiscal agent selected

  9  by the School Readiness Coalition, and receive funds pursuant

10  to SB 180 or similar legislation. Within funding limitations,

11  the fiscal agent along with all providers shall make

12  reasonable efforts to accommodate the needs of children for

13  extended-day and extended-year services without compromising

14  the quality of the program.  Priority for participation in the

15  early education and child care program is as follows:

16         (a)  Children under 13 years of age who are:

17         1.  Children determined to be at risk of abuse,

18  neglect, or exploitation and who are currently clients of the

19  Department of Children and Family Services.

20         2.  Children at risk of welfare dependency, including

21  children of participants in the WAGES Program, children of

22  migrant farmworkers, children of teen parents, and children

23  from other families at risk of welfare dependency due to a

24  family income of less than 100 percent of the federal poverty

25  level.

26         3.  Children of working families whose family income is

27  equal to or greater than 100 percent, but does not exceed 150

28  percent, of the federal poverty level.

29         (b)  Three-year-old children and 4-year-old children

30  who may not be economically disadvantaged but who are students

31  with disabilities and served in a specific part-time or

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    Florida Senate - 1998                            CS for SB 182
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  1  combination of part-time exceptional student education

  2  programs with required special services, aids, or equipment

  3  and who are reported for funding part-time in the Florida

  4  Education Finance Program as exceptional students.

  5         (c)  Economically disadvantaged children, children with

  6  disabilities, and children at risk of future school failure,

  7  from birth to 4 years of age, who are served at home through

  8  home visitor programs and intensive parent education programs

  9  such as the Florida First Start Program.

10         (d)  Children who meet federal and state requirements

11  for eligibility for the migrant preschool program but who do

12  not meet the criteria of being economically disadvantaged.

13

14  An "economically disadvantaged" child means a child whose

15  family income is below 150 percent of the federal poverty

16  level or who is eligible to participate in the free lunch

17  program.  Notwithstanding any change in a family's economic

18  status or in the federal eligibility requirements for free

19  lunch, but subject to additional family contributions in

20  accordance with the sliding fee scale, a child who meets the

21  eligibility requirements upon initial registration for the

22  program shall be considered eligible until the child reaches

23  kindergarten age.

24         (6)  STANDARDS; OUTCOME MEASURES.--

25         (a)  All publicly funded early education and child care

26  programs must meet the following performance standards and

27  outcome measures developed by the Department of Education and

28  the Department of Children and Family Services:

29         1.  They must help prepare preschool children to enter

30  kindergarten ready to learn, as measured by the School

31  Readiness Checklist of the Department of Education.

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  1         2.  They must provide extended-day and extended-year

  2  services when possible.

  3         3.  There must be coordinated staff development and

  4  teaching opportunities.

  5         4.  There must be expanded access to community services

  6  and resources for families to help achieve economic

  7  self-sufficiency.

  8         5.  There must be a simplified point of entry and

  9  unified waiting list.

10         6.  They must serve at least as many children as were

11  served prior to implementation of the program.

12

13  The fiscal agent is responsible for monitoring and providing

14  assistance to these programs to achieve the expected

15  performance standards and outcome measures. The fiscal agent

16  shall report to the School Readiness Coalition on the

17  achievement of performance standards with recommendations for

18  future funding.

19         (b)  All participating publicly funded early education

20  and child care programs must implement a comprehensive program

21  of children and family services that enhance the cognitive and

22  physical development of children to achieve the performance

23  standards and outcome measures specified in paragraph (a). At

24  a minimum, these programs must contain the following elements:

25         1.  Staff-child interaction.

26         2.  Developmentally appropriate curriculum.

27         3.  An appropriate staff-to-child ratio.

28         4.  Continuity of care.

29         5.  Group size.

30         6.  A healthy and safe environment.

31         7.  Varied family components.

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    Florida Senate - 1998                            CS for SB 182
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  1         8.  Quality services at an identified cost.

  2         9.  A resource and referral network to assist parents

  3  in making informed choice pursuant to s. 402.27.

  4         (7)  SCHOOL READINESS COALITIONS.--

  5         (a)  The Department of Children and Family Services and

  6  the Department of Education must develop and implement the

  7  early education and child care program in cooperation with the

  8  School Readiness Coalition established in each participating

  9  county.

10         (b)  Each School Readiness Coalition must consist of at

11  least 12 members. Four members shall be appointed by the

12  district school board, four members shall be appointed by the

13  county commission for the county in which participating

14  schools are located, and four members shall be appointed by

15  the Department of Children and Family Services district

16  administrator.  School Readiness Coalition membership shall

17  include, in addition to private-sector business leaders, the

18  local public and private leaders in health care, education,

19  disabilities, and child welfare systems in each county.

20  School Readiness Coalition membership must include

21  representatives from programs serving children in the early

22  education and child care programs and may include

23  representatives from organizations such as Children's Services

24  Councils, Central Agencies for Child Care, Healthy Start

25  Coalitions, local school boards, child care licensing boards,

26  local WAGES Coalitions, Head Start, municipal and county

27  governments, the Department of Children and Family Services,

28  the County Public Health Unit, and chambers of commerce. A

29  minimum of five coalition members shall be from the private

30  sector.

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    Florida Senate - 1998                            CS for SB 182
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  1         (c)  If a county chooses to participate in the early

  2  education and child care program, the School Readiness

  3  Coalition will replace the district interagency coordinating

  4  council.

  5         (8)  IMPLEMENTATION.--

  6         (a)  The early education and child care program may be

  7  implemented in any county by agreement of the district school

  8  system and the Department of Children and Family Services

  9  district, with approval of the School Readiness Coordinating

10  Council. Approval by the School Readiness Coordinating Council

11  must be predicated on the submission of a plan of

12  implementation prepared and submitted by the School Readiness

13  Coalition.

14         (b)  The School Readiness Coalition in each county that

15  chooses to participate in the early education and child care

16  program shall develop a plan for implementation to meet the

17  requirements of this section. The plan shall include a written

18  description of the role of the program in the district's

19  effort to meet the first state education goal, readiness to

20  start school, including a description of the plan to involve

21  prekindergarten early intervention programs, Head Start

22  programs, programs offered by public or private providers of

23  child care, preschool programs for children with disabilities,

24  programs for migrant children, Title I programs, subsidized

25  child care programs, and teen parent programs. The plan shall

26  also demonstrate how the program will ensure that each

27  3-year-old and 4-year-old child in a publicly funded early

28  education and child care program receives scheduled activities

29  and instruction designed to prepare children to enter

30  kindergarten ready to learn. Prior to implementation of the

31  program, the School Readiness Coalition must submit the plan

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  1  to the School Readiness Coordinating Council for approval. The

  2  plan shall be reviewed and revised as necessary, but not less

  3  than every 3 years.

  4         (c)  The early education and child care program shall

  5  include the following minimum standards and provisions:

  6         1.  A sliding fee scale, which is the same for all

  7  programs, to be implemented and reflected in each program's

  8  budget.

  9         2.  A choice of settings and locations in licensed,

10  registered, religious exempt, or school-based programs to be

11  provided to parents.

12         3.  Instructional staff who have completed the training

13  course as required in s. 402.305(2)(d)1.

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15  All revenues received through the sliding fee scale shall be

16  used to help fund extended-day and extended-year services.

17         (d)  Persons with an early childhood teaching

18  certificate may provide support and supervision to other staff

19  in the early education and child care program.

20         (e)  Two or more counties may join for the purpose of

21  planning and implementing an early education and child care

22  program.

23         (9)  REIMBURSEMENT RATE.--The School Readiness

24  Coalition shall develop a reimbursement rate schedule that

25  encompasses all publicly funded early education and child care

26  programs.  The reimbursement rate schedule must include the

27  projected number of children to be served and must be

28  submitted to the School Readiness Coordinating Council for

29  approval.  Informal child care arrangements shall be

30  reimbursed at 50 percent of the rate developed for family

31  child care.

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  1         (10)  REQUIREMENTS RELATING TO FISCAL AGENTS.--The

  2  fiscal agent must be a public entity, a private nonprofit

  3  organization, or a partnership of public entities and private

  4  nonprofit organizations. The fiscal agent shall be required to

  5  provide all administrative and direct funding services as

  6  determined by the School Readiness Coalition. The cost of

  7  these services shall be negotiated between the fiscal agent

  8  and the Department of Children and Family Services. The fiscal

  9  agent shall be responsible for monitoring all providers to

10  ensure that the legislatively mandated performance standards

11  and outcome measures are carried out. No public funds shall be

12  paid to a provider unless the provider agrees to allow the

13  fiscal agent access to fulfill its monitoring

14  responsibilities.

15         (11)  PARENTAL CHOICE; VOUCHER OR CONTRACT.--The early

16  education and child care program shall be provided by voucher

17  or contract issued pursuant to a purchase of service order

18  that ensures, to the maximum extent possible, parental choice

19  through flexibility in early education and child care

20  arrangements and payment arrangements.  According to federal

21  regulations requiring parental choice, a parent may choose an

22  informal child care arrangement.  The voucher must bear the

23  name of the beneficiary and the program provider and, when

24  redeemed, must bear the signature of both the beneficiary and

25  an authorized representative of the provider. If it is

26  determined that a provider has provided any cash to the

27  beneficiary in return for receiving the voucher, the

28  Department of Children and Family Services shall refer the

29  matter to the Division of Public Assistance Fraud of the

30  office of the Auditor General for investigation. The

31  Department of Children and Family Services in consultation

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  1  with the office of the Comptroller shall establish an

  2  electronic disbursement system for the dissemination of funds

  3  and vouchers in accordance with this subsection. Fiscal agents

  4  shall fully implement the electronic funds transfer system

  5  within 3 years of plan approval unless a waiver is obtained

  6  from the School Readiness Coordinating Council. The fiscal

  7  agent may charge an administrative fee not to exceed 1 1/2

  8  percent of each voucher to offset administrative costs of the

  9  early education and child care program.

10         (12)  EVALUATION AND ANNUAL REPORT.--Each School

11  Readiness Coalition shall conduct an evaluation of the

12  effectiveness of the early education and child care program,

13  including performance standards and outcome measures, and

14  shall provide an annual report and fiscal statement to the

15  School Readiness Commission, the President of the Senate, and

16  the Speaker of the House of Representatives for review by the

17  Legislature. This report must conform to the content and

18  format specifications set by the School Readiness Commission.

19         (13)  CONFLICTING PROVISIONS.--In the event of a

20  conflict between the provisions of this section and federal

21  requirements, the federal requirements shall control.

22         Section 2.  Nothing in this act shall have the effect

23  of increasing the standards that must be met by family child

24  care providers; however, children who receive child care

25  services from family child care providers will participate in

26  school readiness assessment upon entering public or private

27  kindergarten or the first grade.

28         Section 3.  Subsection (4) of section 411.222, Florida

29  Statutes, is repealed.

30         Section 4.  This act shall take effect July 1, 1998.

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    Florida Senate - 1998                            CS for SB 182
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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 182

  3

  4
    -    Modifies the requirement that funds be distributed
  5       through a specific electronic funds transfer system to
         allow for other types of electronic payment systems
  6       considered to be more cost effective.  Allows the
         comptroller a consulting role in establishing this
  7       system.

  8  -    Deletes reference to a School Board of Governance.

  9  -    Establishes the School Readiness Commission as an
         oversight group for all early education and child care.
10
    -    Establishes the School Readiness Coordinating Council to
11       review local coalition plans and to coordinate the goals
         of the State Readiness Commission.
12
    -    Establishes School Readiness Coalition in those counties
13       opting to participate in the early education and child
         care program in place of the district interagency
14       coordinating council; such Coalitions will replace the
         district interagency coordinating council.
15
    -    Deletes enhanced staff to child ratio as well as the
16       required 3 hours scheduled activities and instruction per
         day.
17
    -    Provides that nothing in this act shall increase the
18       standards which must be met by family child care
         providers but that children served by family child care
19       providers will be assessed upon entering public or
         private kindergarten or first grade.
20
    -    Repeals s. 411.222(4), Florida Statutes.
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