Senate Bill 0182e1
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A bill to be entitled
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An act relating to early education and child
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care; creating the School Readiness Commission
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to serve as an advisory body to the State Board
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of Education and other state agencies on
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matters that relate to school readiness;
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providing for the commission to be assigned to
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the Executive Office of the Governor for
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administrative purposes; providing for the
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Governor to appoint the members of the
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commission; requiring the commission to appoint
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an executive director; providing for payment of
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per diem and travel expenses of commission
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members; establishing duties of the commission;
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requiring the commission to prepare a system
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for measuring school readiness; specifying
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objectives to be measured by such system;
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requiring the commission to contract with an
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independent entity to evaluate the measurement
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system; requiring the commission to make
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recommendations to the Governor and the State
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Board of Education; authorizing the commission
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to adopt rules; establishing a School Readiness
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Coordinating Council; creating s. 402.265,
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F.S.; providing legislative intent;
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establishing the early education and child care
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program and providing for optional
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participation; providing for the council to be
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assigned to the Executive Office of the
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Governor for administrative purposes; providing
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for oversight; providing performance standards
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and outcome measures; providing for School
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Readiness Coalitions; providing for
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implementation of programs; requiring
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development of a plan and providing program
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requirements; requiring a sliding fee scale;
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providing for funding; requiring a
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reimbursement rate schedule; providing
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requirements relating to fiscal agents;
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providing for parental choice and for payment
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arrangements; providing for evaluation and
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reporting; providing that federal requirements
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control in the case of conflict; exempting
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family child care providers from increased
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standards; repealing s. 411.222(4), F.S.,
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relating to the State Coordinating Council for
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Early Childhood Services; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. School Readiness Commission.--
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(1) The School Readiness Commission is established and
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assigned to the Executive Office of the Governor for
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administrative purposes. The commission shall carry out the
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duties and responsibilities provided in this section and
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delegated by the State Board of Education and is not subject
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to control, supervision, or direction by the Executive Office
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of the Governor or the State Board of Education. The
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commission shall serve as an advisory body to the State Board
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of Education and other appropriate state agencies and entities
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on all matters relating to achievement of the first state
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education goal, readiness to start school. In addition, the
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commission's reports and recommendations shall be made
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available to the Governor, the Legislature, the State Board of
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Education, other appropriate state agencies and entities,
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district school boards, central agencies for child care, and
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county public health units.
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(2) The commission shall be composed of 12 members of
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the public who shall be business, community, and civic leaders
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in the state who are not elected to public office and who do
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not earn their income in the early education and child care
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industry. The members must be geographically and
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demographically representative of the state. Each member shall
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be appointed by the Governor. Eight of the members shall be
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appointed from a list of 12 nominees, of which six must be
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submitted by the President of the Senate and six must be
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submitted by the Speaker of the House of Representatives.
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Members shall be appointed to 4-year terms of office. However,
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of the initial appointees, three shall be appointed to 1-year
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terms, three shall be appointed to 2-year terms, three shall
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be appointed to 3-year terms, and three shall be appointed to
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4-year terms. The members of the commission shall elect a
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chairperson annually. Any vacancy on the commission shall be
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filled in the same manner as the original appointment.
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(3) The commission shall meet as often as it deems
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necessary to carry out its duties and responsibilities.
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(4) The commission shall appoint an executive director
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to serve at its pleasure, who shall perform the duties
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assigned to him or her by the commission. The executive
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director shall be the chief administrative officer of the
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commission and shall be responsible for appointing all
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employees and staff members of the commission, who shall serve
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under his or her direction and control.
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(5) Members of the commission shall serve without
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compensation, but are entitled to reimbursement for per diem
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and travel expenses incurred in the performance of their
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duties as provided in section 112.061, Florida Statutes.
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(6) The commission shall:
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(a) Serve as a citizen board to coordinate the efforts
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toward school readiness in this state and provide independent
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policy analyses and recommendations to the Governor, the State
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Board of Education, and the Legislature.
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(b) Prepare and submit to the State Board of Education
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a system for measuring school readiness. The system must
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include a screening instrument, or instruments, which shall
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provide objective data regarding the following expectations
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for school readiness:
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1. The child's immunizations and other health
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requirements as necessary.
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2. The child's display of physical development
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appropriate for kindergarten.
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3. The child's compliance with rules, limitations, and
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routines.
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4. The child's successful engagement in kindergarten
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tasks.
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5. The child's demonstration of appropriate
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interactions with adults.
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6. The child's demonstration of appropriate
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interactions with peers.
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7. The child's effective coping with challenges and
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frustrations.
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8. The child's demonstration of appropriate self-help
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skills.
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9. The child's ability to express his needs
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appropriately.
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10. The child's demonstration of verbal communication
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skills necessary to succeed in kindergarten.
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11. The child's demonstration of problem-solving
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skills necessary to succeed in kindergarten.
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12. The child's following of verbal directions.
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13. The child's demonstration of curiosity,
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persistence, and exploratory behavior.
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14. The child's demonstration of an interest in books
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and other printed materials.
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15. The child's paying attention to stories.
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16. The child's participation in art and music
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activities.
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(c) Prepare a plan for implementing the system for
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measuring school readiness in such a way that all children in
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this state have the opportunity to undergo the screening in
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the year prior to their entry into kindergarten. The plan must
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include a way to make the screening instrument and the
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training required to administer it available to public and
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private providers of preschool and child care programs, and a
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way to make the screening available to children who do not
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participate in such programs. Because children with
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disabilities may not be able to meet all of the identified
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expectations for school readiness, the plan for measuring
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school readiness shall incorporate mechanisms for recognizing
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the potential variations in expectations for school readiness
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when serving children with disabilities and shall provide for
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communities to serve children with disabilities.
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(d) Establish a method for collecting data from the
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screening instrument and establish guidelines for using the
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data so that the measurement, the data collection, and the use
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of the data serve the statewide goal that all children will be
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ready for school. The criteria for determining which data to
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collect should be the usefulness of the data to state
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policymakers and program administrators in administering
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programs and allocating state funds.
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(e) Contract with an independent entity for an
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evaluation of the measurement system. The evaluation must
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provide the information that local and state agencies, the
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Governor, and the Legislature need to provide for the
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effective administration of programs that serve preschool
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children. The evaluation must provide information that will
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assist providers of private preschool and child care programs
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in assessing the success of preschool and child care programs
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and making decisions about improving program services to
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prepare children for school.
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(f) Recommend to the Governor, the Commissioner of
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Education, and the State Board of Education rules, and
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revisions or repeal of rules, which would increase the
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effectiveness of programs that prepare children for school.
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(g) Conduct studies and planning activities related to
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the overall improvement and effectiveness of school-readiness
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measures.
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(h) Submit an annual report of its activities to the
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Governor, the President of the Senate, the Speaker of the
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House of Representatives, and the minority leaders of both
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houses of the Legislature.
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To ensure that the system for measuring school readiness is
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comprehensive and appropriate statewide, as the system is
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developed and implemented, the commission must consult with
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representatives of district school systems, providers of
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public and private child care, health care providers, large
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and small employers, experts in education for children with
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disabilities, and experts in child development.
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(7) The commission may adopt rules necessary to
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administer the provisions of this section relating to
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preparation and implementation of the system for school
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readiness, data collection, approving local coalition plans,
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providing a method whereby a coalition could serve two or more
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counties, awarding incentives to coalitions, and contracting
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for an evaluation.
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Section 2. School Readiness Coordinating Council.--
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(1) The School Readiness Coordinating Council is
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established with responsibility for advising the School
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Readiness Commission regarding policies facilitating local
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implementation, providing technical assistance, and helping to
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secure waivers. The School Readiness Coordinating Council
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shall consist of:
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(a) The Deputy Commissioner of Education Programs in
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the Department of Education;
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(b) The Secretary of Children and Family Services or a
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designated division director;
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(c) The Secretary of Health or a designated division
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director;
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(d) The Chair of the Child Care Partnership Board;
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(e) The Executive Director of the State WAGES Board;
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(f) The President of the Florida Pediatric Society;
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(g) The Chair of the Florida Council of 100;
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(h) The President of the Head Start Directors'
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Association;
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(i) The President of the Florida Children's Forum;
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(j) The Chair of the Developmental Disabilities
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Council;
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(k) The Director of the Healthy Start Coalition
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Association;
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(l) The President of the Florida School Boards
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Association;
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(m) The Chair of the Florida Association of Family
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Child Care Homes;
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(n) The Chair of a School Readiness Coalition;
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(o) The President of the Florida Association of Child
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Care Management;
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(p) The Executive Director of the Early Childhood
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Association;
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(q) The Chair of the Florida Interagency Coordinating
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Council for Infants and Toddlers;
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(r) The Coordinator of the Florida Parent Resource
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Organization;
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(s) A representative of the Family Network on
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Disabilities of Florida;
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(t) The President of the Children's Services Council
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Association of Florida;
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(u) The Director of the Agency for Health Care
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Administration;
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(v) The President of the Florida Association for Child
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Development Education;
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(w) An individual certified in this state to teach
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children of pre-kindergarten age.
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(x) An additional four members representing the
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private-sector business community. These four members must be
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selected by a majority vote of the other members. The members
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must be geographically and demographically representative of
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the state.
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The School Readiness Coordinating Council shall select a chair
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from among the business community and a vice chair.
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(2) School Readiness Coordinating Council members are
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entitled to receive per diem and expenses for travel, as
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provided in section 112.061, Florida Statutes, while carrying
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out the official business of the council. For administrative
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purposes only, the council shall be assigned to the Office of
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the Governor.
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(3) The School Readiness Coordinating Council shall
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meet and conduct business at least quarterly or as needed to
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carry out the duties of the council.
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(4) The School Readiness Coordinating Council shall be
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staffed by the Office of the Governor and draw upon state
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agency personnel and resources as needed to implement policy
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necessary to facilitate the early education and child care
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program.
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(5) Quarterly meetings of the School Readiness
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Coordinating Council shall be open to the public and
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opportunity for public comment shall be made available at each
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such meeting. The staff of the School Readiness Coordinating
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Council shall notify all persons who request such notice as to
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the date, time, and place of each quarterly meeting.
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Section 3. Section 402.265, Florida Statutes, is
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created to read:
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402.265 Early education and child care program.--
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(1) LEGISLATIVE INTENT.--
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(a) The Legislature recognizes that high-quality early
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education and child care programs increase children's chances
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of achieving future educational success and becoming
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productive members of society. It is the intent of the
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Legislature that such programs be developmental, serve as
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preventive measures for children at risk of future school
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failure, enhance the educational readiness of all children,
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and support family education and the involvement of parents in
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their child's educational progress. Each early education and
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child care program shall provide the elements necessary to
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help prepare preschool children for school, including health
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screening and referral, a developmentally appropriate
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educational program, and opportunities for parental
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involvement in the program.
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(b) It is legislative intent that all programs and
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services for Florida children in the first 5 years of life,
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including health care, child care, child welfare, and formal
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education, are school readiness programs.
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(c) It is legislative intent that early education and
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child care programs be operated within funding limits on a
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full-day, year-round basis to enable parents to work and
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become financially self-sufficient.
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(d) It is legislative intent that early education and
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child care programs not exist as isolated programs, but build
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upon existing services and work in cooperation with other
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programs for young children, and that these programs and
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program funds be coordinated to achieve full effectiveness.
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(e) It is legislative intent that the implementation
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of an early education and child care program be optional on a
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county-by-county basis.
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(f) Publicly funded early education and child care
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programs are defined as prekindergarten early intervention
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programs, Head Start programs, programs offered by public or
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private providers of child care, preschool programs for
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children with disabilities, programs for migrant children,
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Title I programs, subsidized child care programs, teen parent
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programs, and other services.
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(2) CREATION OF OPTIONAL PROGRAM; EXEMPTIONS.--The
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early education and child care program consisting of publicly
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funded programs listed in paragraph (1)(f) is established. The
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early education and child care program is an optional program.
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(3) PROGRAM ELIGIBILITY.--The early education and
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child care program shall be established for children from
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birth to 6 years of age. The program shall consist of the
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programs listed in paragraph (1)(f), be administered by the
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School Readiness Coalition, and receive funds pursuant to SB
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180 or similar legislation. Within funding limitations, the
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School Readiness Coalition, along with all providers, shall
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make reasonable efforts to accommodate the needs of children
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for extended-day and extended-year services without
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compromising the quality of the program.
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(4) STANDARDS; OUTCOME MEASURES.--
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(a) All publicly funded early education and child care
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programs must meet the following performance standards and
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outcome measures developed by the Department of Education and
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the Department of Children and Family Services:
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1. They must help prepare preschool children to enter
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kindergarten ready to learn, as measured by criteria
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established by the School Readiness Commission or, in the
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absence of such criteria, by the School Readiness Checklist of
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the Department of Education.
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2. They must provide extended-day and extended-year
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services to the maximum extent possible.
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3. There must be coordinated staff development and
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teaching opportunities.
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4. There must be expanded access to community services
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and resources for families to help achieve economic
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self-sufficiency.
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5. There must be a single point of entry and unified
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waiting list.
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6. If funding remains constant, they must serve at
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least as many children as were served prior to implementation
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of the program.
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(b) All participating publicly funded early education
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and child care programs must implement a comprehensive program
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of children and family services that enhance the cognitive and
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physical development of children to achieve the performance
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standards and outcome measures specified in paragraph (a). At
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a minimum, these programs must contain the following elements:
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1. Developmentally appropriate curriculum.
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2. An appropriate staff-to-child ratio, as required by
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the respective participating programs.
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3. A healthy and safe environment.
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4. A resource and referral network to assist parents
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in making an informed choice pursuant to s. 402.27.
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(5) SCHOOL READINESS COALITIONS.--
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(a)1. Each School Readiness Coalition must consist of
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at least 12 members. Four members shall be appointed by the
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district school board, four members shall be appointed by the
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county commission for the county in which participating
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schools are located, and four members shall be appointed by
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the Department of Children and Family Services district
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administrator. If a coalition has more than 12 members, the
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additional members shall be appointed equally by the three
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appointing entities.
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2. School Readiness Coalition membership shall
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include, in addition to private-sector business leaders, the
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local public and private leaders in health care, education,
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disabilities, and child welfare systems in each county. Three
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members of the coalition must be administrators from each of
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the following entities: The central agency for child care, the
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district school board, and the Head Start program. School
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Readiness Coalition membership must include representatives
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from programs serving children in the early education and
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child care programs, must include a representative from the
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Department of Health, and may include representatives from
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organizations such as Children's Services Councils, Central
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Agencies for Child Care, Healthy Start Coalitions, district
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school boards, child care licensing boards, local WAGES
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Coalitions, Head Start, municipal and county governments, the
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Department of Children and Family Services, the County Public
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Health Unit, and chambers of commerce. A minimum of five
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coalition members shall be from the private sector.
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(b) The School Readiness Coalition will replace the
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district interagency coordinating council in any county where
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an early education and child care program is implemented.
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(6) IMPLEMENTATION.--
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(a) The early education and child care program may be
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implemented in any county by a School Readiness Coalition with
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agreement of the district school board and the Department of
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Children and Family Services district, and with approval of
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the School Readiness Commission. Approval by the School
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Readiness Commission must be predicated on the submission of a
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plan of implementation prepared and submitted by the School
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Readiness Coalition.
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(b) Each School Readiness Coalition shall develop a
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plan for implementing the early education and child care
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program to meet the requirements of this section. The plan
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shall include a written description of the role of the program
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in the district's effort to meet the first state education
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goal, readiness to start school, including a description of
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the plan to involve prekindergarten early intervention
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programs, Head Start programs, programs offered by public or
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private providers of child care, preschool programs for
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children with disabilities, programs for migrant children,
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Title I programs, subsidized child care programs, and teen
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parent programs. The plan shall also demonstrate how the
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program will ensure that each 3-year-old and 4-year-old child
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in a publicly funded early education and child care program
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receives scheduled activities and instruction designed to
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prepare children to enter kindergarten ready to learn. Prior
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to implementation of the program, the School Readiness
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Coalition must submit the plan to the School Readiness
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Commission for approval. The plan shall be reviewed and
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revised as necessary, but not less than every 3 years.
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(c) The plan for the early education and child care
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program shall include the following minimum standards and
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provisions:
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1. A sliding fee scale, which is the same for all
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programs, to be implemented and reflected in each program's
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budget.
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2. A choice of settings and locations in licensed,
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registered, religious exempt, or school-based programs to be
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provided to parents.
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3. Instructional staff who have completed the training
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course as required in s. 402.305(2)(d)1., as well as staff who
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have additional training or credentials as required by the
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respective programs.
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(d) Persons with an early childhood teaching
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certificate may provide support and supervision to other staff
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in the early education and child care program.
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(7) REIMBURSEMENT RATE.--The School Readiness
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Coalition shall develop a reimbursement rate schedule that
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encompasses all publicly funded early education and child care
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programs and complies with applicable state and federal laws
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and regulations. The reimbursement rate schedule must include
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the projected number of children to be served and must be
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submitted to the School Readiness Commission for approval.
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Informal child care arrangements shall be reimbursed at not
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more than 50 percent of the rate developed for family child
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care.
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(8) REQUIREMENTS RELATING TO FISCAL AGENTS.--The
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fiscal agent must be a public entity or a private nonprofit
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organization. The fiscal agent shall be required to provide
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all administrative and direct funding services as determined
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by the School Readiness Coalition. The cost of these services
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shall be negotiated between the fiscal agent and the School
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Readiness Coalition. The fiscal agent shall be responsible for
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monitoring all providers to ensure that coalition funds are
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expended in the manner and for the purpose required by the
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funding source. Funds from the Early Education and Child Care
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Trust Fund may not be paid to a provider unless the provider
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agrees to allow the fiscal agent access to fulfill its
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monitoring responsibilities.
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(9) PARENTAL CHOICE; PAYMENT ARRANGEMENT.--The early
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education and child care program shall be provided in a manner
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that ensures, to the maximum extent possible, parental choice
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through flexibility in early education and child care
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arrangements and payment arrangements. Payment arrangements
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must be in accordance with all federal and state laws that
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govern the respective participating programs.
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(10) EVALUATION AND ANNUAL REPORT.--Each School
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Readiness Coalition shall conduct an evaluation of the
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effectiveness of the early education and child care program,
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including performance standards and outcome measures, and
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shall provide an annual report and fiscal statement to the
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School Readiness Commission, the Governor, and the President
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of the Senate and the Speaker of the House of Representatives
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for review by the Legislature. This report must conform to the
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content and format specifications set by the School Readiness
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Commission.
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(11) CONFLICTING PROVISIONS.--In the event of a
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conflict between the provisions of this section and federal
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requirements, the federal requirements shall control.
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Section 4. Nothing in this act shall have the effect
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of increasing the standards that must be met by family child
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care providers; however, children who receive child care
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services from family child care providers will participate in
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school readiness assessment upon entering public or private
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kindergarten or the first grade.
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Section 5. Effective July 1, 1998, subsection (4) of
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section 411.222, Florida Statutes, is repealed.
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Section 6. Except as otherwise expressly provided in
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this act, this act shall take effect upon becoming a law.
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