Amendment

Bill No. 0821

Amendment No. 135231

CHAMBER ACTION
Senate		House
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1	Representatives Ausley, Kosmas, and Rich offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Chapter 1014, Florida Statutes, shall be
6	entitled "Early Learning" and shall consist of ss. 1014.01-
7	1014.54.
8	Section 2.  Part I of chapter 1014, Florida Statutes, shall
9	be entitled "General Provisions" and shall consist of ss.
10	1014.01-1014.10.
11	Section 3.  Section 1014.01, Florida Statutes, is created
12	to read:
13	1014.01  Name.--Chapter 1014 shall be known as "Early
14	Learning."
15	Section 4.  Section 1014.02, Florida Statutes, is created
16	to read:
17	1014.02  Definitions.--When used in this chapter and other
18	sections of Florida Statutes referenced in this chapter,
19	specific definitions shall be as follows:
20	(1)  "Child care center" means the type of early childhood
21	education provider defined in s. 402.302.
22	(2)  "Department" means the Department of Education.
23	(3)  "Director" means an onsite person ultimately
24	responsible for the overall operation of a child care center or
25	specialized child care center for mildly ill children,
26	regardless of whether he or she is the owner of the center.
27	(4)  "Early childhood education" means child development or
28	child care, that is provided for a period of less than 24 hours
29	per day on a regular basis, and for which a payment of a fee or
30	grant is made.
31	(5)  "Early childhood education provider" means a provider
32	of early childhood education services. The term includes public
33	and private providers, including child care centers, specialized
34	child care centers for mildly ill children, family child care
35	homes, large family child care homes, and informal providers,
36	regardless of whether a provider is licensed, registered, exempt
37	from licensure, or unregulated under s. 402.305.
38	(6)  "Early learning" means the enhancement of a child's
39	ability to make age-appropriate progress in the development of
40	language and cognitive capabilities, including early literacy
41	skills, emotional, social, regulatory, and moral capacities,
42	through education in basic skills, as part of an early learning
43	program provided pursuant to this chapter.
44	(7)  "Early Learning Council" means the council established
45	in s. 1014.41 to administer early childhood education programs
46	and services, excluding voluntary universal prekindergarten, at
47	the local level.
48	(8)  "Early learning funds" means all state and federal
49	funds appropriated to the Department of Education for delivery
50	and administration of early learning programs. Except as
51	otherwise expressly provided by law, the term does not include
52	funds provided for the Business Partnership for Early Learning
53	under s. 1014.50.
54	(9)  "Early learning programs" means programs that provide
55	state-funded services under this chapter, including early
56	childhood education and the voluntary universal prekindergarten
57	program.
58	(10)  "Family day care home" means the type of early
59	childhood education provider defined in s. 402.302(7).
60	(11)  "Informal provider" means a service provider that is
61	unregulated under part IV of this chapter and, accordingly, is
62	not required to be licensed or registered under part IV of this
63	chapter, and is not exempted from licensure pursuant to s.
64	402.305. The term includes an arrangement in which early
65	childhood education is provided by a relative of the child or by
66	another unregulated caregiver, regardless of whether those
67	services are provided in the child's residence or at another
68	location.
69	(12)  "Kindergarten eligibility" means the age at which a
70	child is eligible for admission to public kindergarten under
71	s.1003.21(1)(a)2.
72	(13)  "Large family child care home" means the type of
73	early childhood education provider defined in s. 402.302(8).
74	(14)  "Operator" means an onsite person ultimately
75	responsible for the overall operation of a family child care
76	home or large family child care home, regardless of whether he
77	or she is the owner of the home.
78	(15)  "Owner" means the person who is licensed or
79	registered to operate as an early childhood education provider.
80	(16)  "Payment certificate" means a "child care
81	certificate" as defined in 45 C.F.R. s. 98.2.
82	(17)  "Single point of entry" means an integrated
83	information system that allows a parent to enroll his or her
84	child in early learning programs at various locations throughout
85	the county or multicounty region served by an early learning
86	council, that may allow a parent to enroll his or her child by
87	telephone or through an Internet website, and that uses a
88	unified waiting list to track eligible children waiting for
89	enrollment in available early learning programs.
90	(18)  "Voluntary Universal prekindergarten funds" means all
91	state funds appropriated to the Department of Education for the
92	voluntary universal prekindergarten program.
93	(19)  "Voluntary Universal Prekindergarten program" means
94	the voluntary universal prekindergarten education program
95	mandated by s.1(b) and (c), Article IX of the State
96	constitution.
97	(20)  "Voluntary Universal prekindergarten provider" means
98	a provider of the voluntary universal prekindergarten program.
99	The term includes all providers that meet the criteria specified
100	in s.1014.27 and have signed a funding agreement pursuant to s.
101	1014.28.
102	Section 5.  Section 1014.03, Florida Statutes, is created
103	to read:
104	1014.03  Governance; state and local.--
105	(1) STATE BOARD OF EDUCATION.--
106	(a)  The State Board of Education is the chief implementing
107	and coordinating body of public education in Florida, and it
108	shall focus on high-level policy decisions. It has authority to
109	adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
110	the provisions of law conferring duties upon it for the
111	improvement of early learning programs including the voluntary
112	universal prekindergarten program. Except as otherwise provided
113	herein, it may, as it finds appropriate, delegate its general
114	powers to the Commissioner of Education or the directors of the
115	divisions of the department.
116	(b)  In order to ensure compliance, the State Board of
117	Education shall have the authority to request and receive
118	information, data, and reports from early learning councils and
119	providers governed by this chapter.
120	1.  If an early learning council, a voluntary universal
121	prekindergarten provider, or an early childhood education
122	provider cannot satisfactorily document compliance, the State
123	Board of Education may mandate compliance within a specified
124	timeframe.
125	2.  If the State Board of Education determines that an
126	early learning council, a voluntary universal prekindergarten
127	provider, or an early childhood education provider is unwilling
128	or unable to comply with law or state board rule within the
129	specified time, the State Board of Education shall have the
130	authority to initiate any of the following actions:
131	a.  Report to the Legislature that the early learning
132	council, voluntary universal prekindergarten provider, or an
133	early childhood education provider has been unwilling or unable
134	to comply with law or state board rule and recommend action to
135	be taken by the Legislature.
136	b.  Withhold the transfer of state funds, discretionary
137	grant funds, or any other funds specified as eligible for this
138	purpose by the Legislature until the early learning council,
139	voluntary universal prekindergarten provider, or an early
140	childhood education provider complies with the law or state
141	board rule.
142	c.  Require monthly or periodic reporting on the situation
143	related to noncompliance until it is remedied.
144	(c)  The State Board of Education shall ensure that
145	administrative costs associated with delivering early childhood
146	education programs and services during fiscal year 2004-2005 do
147	not exceed administrative costs associated with delivering those
148	programs and services during fiscal year 2003-2004.
149	(d)  The State Board of Education may adopt rules pursuant
150	to ss. 120.536(1) and 120.54 necessary for the implementation of
151	this section.
152	(2)  EARLY LEARNING ADVISORY COUNCIL.--The Early Learning
153	Advisory Council shall be responsible for the activities
154	prescribed in s. 1014.05.
155	(3)  DEPARTMENT OF EDUCATION.--The Department of Education
156	shall be responsible for:
157	(a)  Developing standards for all early learning programs.
158	(b)  Facilitating the process by which early learning
159	instructional personnel meet minimum training standards as
160	specified in s. 1014.07.
161	(c)  Providing technical assistance to early learning
162	councils and all providers.
163	(d)  Monitoring early learning councils and providers to
164	ensure compliance with all applicable laws and rules.
165	(e)  Creating and implementing a consumer education and
166	protection program as specified in s. 1014.43.
167	(f)  Providing or securing provision of services and
168	functions necessary for effective and efficient implementation
169	of this chapter.
170	(4)  COMMISSIONER OF EDUCATION.--The Commissioner of
171	Education is authorized to suspend or prohibit an eligible
172	voluntary universal prekindergarten provider or early childhood
173	education provider from participation in publicly-funded early
174	learning programs and to take other action as necessary to
175	ensure compliance with program provider eligibility.
176	(a)  The Commissioner of Education may investigate
177	allegations of noncompliance with law or state board rule and
178	may determine probable cause.
179	(b)  The Commissioner of Education shall report to the
180	State Board of Education noncompliance with law or state board
181	rule.
182	(c)  In addition, the Commissioner of Education shall:
183	1.  Oversee the compliance of the Division of Early
184	Learning and early learning councils with curriculum standards
185	defined in s. 1014.47 and state board rules.
186	2.  Oversee the evaluation and accountability  components
187	of the programs as defined in s.1014.07 and state board rule.
188	(5)  DIVISION OF EARLY LEARNING.--The Division of Early
189	Learning shall be responsible for the administration of early
190	learning programs. The division shall issue fiscal and policy
191	guidance to early learning councils including standard contract
192	and voucher agreement language. In addition, the division is
193	responsible for issuing guidance to early learning councils
194	regarding payment rates, parent fees, and other matters related
195	the early learning program.
196	(a)  Pursuant to federal regulations, the division shall
197	ensure that no more than 5 percent of aggregate funds in each
198	fiscal year is expended for administrative activities. The
199	division shall work with subrecipients to properly classify and
200	capture expenditures as direct, non-direct and administrative.
201	(b)  The division shall establish and maintain contracting,
202	payment and reporting systems that provide timely information to
203	the Legislature including, but not limited to, information about
204	expenditures and numbers of children served.
205	(c)  The division shall maintain a list of providers of
206	publicly funded early learning programs.
207	(d)  The division shall implement audit procedures to
208	ensure that providers have accurately been designated as
209	eligible to provide the voluntary universal prekindergarten
210	program.
211	(e)  In an effort to provide for the efficient use of
212	program funding, the division shall fully utilize federal funds,
213	as well as state and local matching funds.
214	(f)  The division shall be responsible to ensure that
215	federal and state funds are used in compliance with laws,
216	regulations, and contracts or grant agreements and that
217	performance goals are achieved.
218	(g)  The division shall be responsible for developing and
219	distributing information about best practices for effective and
220	cost efficient service delivery and management of early learning
221	programs.
222	(h)  The division shall establish a means by which the
223	public can provide comments and recommendations for the
224	successful implementation of the voluntary universal
225	prekindergarten program.
226	(i)  The division shall provide means by which individuals
227	may notify the Department of Education of any provider that may
228	be in violation of state laws or rules relating to the voluntary
229	universal prekindergarten program.
230	(j)  The division shall ensure that the early childhood
231	education and voluntary universal prekindergarten programs are
232	delivered as a continuum of services for children ages birth to
233	5 and that effective mechanisms and procedures for coordination
234	between the programs are implemented throughout the state.
235	Section 6.  Section 20.15, Florida Statutes, is amended to
236	read:
237	20.15 Department of Education.--There is created a
238	Department of Education.
239	(1) STATE BOARD OF EDUCATION.--In accordance with s. 2,
240	Art. IX of the State Constitution, the State Board of Education
241	is a body corporate and must supervise the system of free public
242	education as is provided by law. The State Board of Education is
243	the head of the Department of Education.
244	(2)  COMMISSIONER OF EDUCATION.--The Commissioner of
245	Education is appointed by the State Board of Education and
246	serves as the Executive Director of the Department of Education.
247	(3)  DIVISIONS.--The following divisions of the Department
248	of Education are established:
249	(a) Division of Community Colleges.
250	(b) Division of Public Schools.
251	(c) Division of Colleges and Universities.
252	(d) Division of Vocational Rehabilitation.
253	(e) Division of Blind Services.
254	(f) Division of Early Learning.
255	(4)  DIRECTORS.--The directors of all divisions shall be
256	appointed by the commissioner subject to approval by the state
257	board.
258	(5)  POWERS AND DUTIES.--The State Board of Education and
259	the Commissioner of Education shall assign to the divisions such
260	powers, duties, responsibilities, and functions as are necessary
261	to ensure the greatest possible coordination, efficiency, and
262	effectiveness of education for students in K-20 education.
263	(6)  COUNCILS AND COMMITTEES.--Notwithstanding anything
264	contained in law to the contrary, the commissioner shall appoint
265	all members of all councils and committees of the Department of
266	Education, except the Commission for Independent Education, and
267	the Education Practices Commission, and the Early Learning
268	Advisory Council.
269	(7)  BOARDS.--Notwithstanding anything contained in law to
270	the contrary, all members of the university and community
271	college boards of trustees must be appointed according to
272	chapter 1001.
273	Section 7.  Section 20.50, Florida Statutes, is amended to
274	read:
275	20.50  Agency for Workforce Innovation.--There is created
276	the Agency for Workforce Innovation within the Department of
277	Management Services. The agency shall be a separate budget
278	entity, and the director of the agency shall be the agency head
279	for all purposes. The agency shall not be subject to control,
280	supervision, or direction by the Department of Management
281	Services in any manner, including, but not limited to,
282	personnel, purchasing, transactions involving real or personal
283	property, and budgetary matters.
284	(1)  The Agency for Workforce Innovation shall ensure that
285	the state appropriately administers federal and state workforce
286	funding by administering plans and policies of Workforce
287	Florida, Inc., under contract with Workforce Florida, Inc. The
288	operating budget and midyear amendments thereto must be part of
289	such contract.
290	(a)  All program and fiscal instructions to regional
291	workforce boards shall emanate from the agency pursuant to plans
292	and policies of Workforce Florida, Inc. Workforce Florida, Inc.,
293	shall be responsible for all policy directions to the regional
294	boards.
295	(b)  Unless otherwise provided by agreement with Workforce
296	Florida, Inc., administrative and personnel policies of the
297	Agency for Workforce Innovation shall apply.
298	(2)  The Agency for Workforce Innovation shall be the
299	designated administrative agency for receipt of federal
300	workforce development grants and other federal funds, and shall
301	carry out the duties and responsibilities assigned by the
302	Governor under each federal grant assigned to the agency. The
303	agency shall be a separate budget entity and shall expend each
304	revenue source as provided by federal and state law and as
305	provided in plans developed by and agreements with Workforce
306	Florida, Inc. The agency shall prepare and submit as a separate
307	budget entity a unified budget request for workforce
308	development, in accordance with chapter 216 for, and in
309	conjunction with, Workforce Florida, Inc., and its board. The
310	head of the agency is the director of Workforce Innovation, who
311	shall be appointed by the Governor. Accountability and reporting
312	functions of the agency shall be administered by the director or
313	his or her designee. Included in these functions are budget
314	management, financial management, audit, performance management
315	standards and controls, assessing outcomes of service delivery,
316	and financial administration of workforce programs pursuant to
317	s. 445.004(5) and (9). Within the agency's overall
318	organizational structure, the agency shall include the following
319	offices which shall have the specified responsibilities:
320	(a)  The Office of Workforce Services shall administer the
321	unemployment compensation program, the Rapid Response program,
322	the Work Opportunity Tax Credit program, the Alien Labor
323	Certification program, and any other programs that are delivered
324	directly by agency staff rather than through the one-stop
325	delivery system. The office shall be directed by the Deputy
326	Director for Workforce Services, who shall be appointed by and
327	serve at the pleasure of the director.
328	(b)  The Office of Program Support and Accountability shall
329	administer state merit system program staff within the workforce
330	service delivery system, pursuant to policies of Workforce
331	Florida, Inc. The office shall be responsible for delivering
332	services through the one-stop delivery system and for ensuring
333	that participants in welfare transition programs receive case
334	management services, diversion assistance, support services,
335	including subsidized child care and transportation services,
336	Medicaid services, and transition assistance to enable them to
337	succeed in the workforce. The office shall also be responsible
338	for program quality assurance, grants and contract management,
339	contracting, financial management, and reporting. The office
340	shall be directed by the Deputy Director for Program Support and
341	Accountability, who shall be appointed by and serve at the
342	pleasure of the director. The office shall be responsible for:
343	1.  Establishing monitoring, quality assurance, and quality
344	improvement systems that routinely assess the quality and
345	effectiveness of contracted programs and services.
346	2.  Annual review of each regional workforce board and
347	administrative entity to ensure adequate systems of reporting
348	and control are in place, and monitoring, quality assurance, and
349	quality improvement activities are conducted routinely, and
350	corrective action is taken to eliminate deficiencies.
351	(c)  The Office of Agency Support Services shall be
352	responsible for procurement, human resource services, and
353	information services including delivering information on labor
354	markets, employment, occupations, and performance, and shall
355	implement and maintain information systems that are required for
356	the effective operation of the one-stop delivery system and the
357	school readiness services system, including, but not limited to,
358	those systems described in s. 445.009. The office will be under
359	the direction of the Deputy Director for Agency Support
360	Services, who shall be appointed by and serve at the pleasure of
361	the director. The office shall be responsible for establishing:
362	1.  Information systems and controls that report reliable,
363	timely and accurate fiscal and performance data for assessing
364	outcomes, service delivery, and financial administration of
365	workforce programs pursuant to s. 445.004(5) and (9).
366	2.  Information systems that support service integration
367	and case management by providing for case tracking for
368	participants in welfare transition programs.
369	3. Information systems that support school readiness
370	services.
371	(d)  The Unemployment Appeals Commission, authorized by s.
372	443.012, shall not be subject to the control, supervision, or
373	direction by the Agency for Workforce Innovation in the
374	performance of its powers and duties but shall receive any and
375	all support and assistance from the agency that may be required
376	for the performance of its duties.
377	(3)  The Agency for Workforce Innovation shall serve as the
378	designated agency for purposes of each federal workforce
379	development grant assigned to it for administration. The agency
380	shall carry out the duties assigned to it by the Governor, under
381	the terms and conditions of each grant. The agency shall have
382	the level of authority and autonomy necessary to be the
383	designated recipient of each federal grant assigned to it, and
384	shall disperse such grants pursuant to the plans and policies of
385	Workforce Florida, Inc. The director may, upon delegation from
386	the Governor and pursuant to agreement with Workforce Florida,
387	Inc., sign contracts, grants, and other instruments as necessary
388	to execute functions assigned to the agency. Notwithstanding
389	other provisions of law, the following federal grants and other
390	funds are assigned for administration to the Agency for
391	Workforce Innovation:
392	(a)  Programs authorized under Title I of the Workforce
393	Investment Act of 1998, Pub. L. No. 105-220, except for programs
394	funded directly by the United States Department of Labor under
395	Title I, s. 167.
396	(b)  Programs authorized under the Wagner-Peyser Act of
397	1933, as amended, 29 U.S.C. ss. 49 et seq.
398	(c)  Welfare-to-work grants administered by the United
399	States Department of Labor under Title IV, s. 403, of the Social
400	Security Act, as amended.
401	(d)  Activities authorized under Title II of the Trade Act
402	of 1974, as amended, 2 U.S.C. ss. 2271 et seq., and the Trade
403	Adjustment Assistance Program.
404	(e)  Activities authorized under chapter 41 of Title 38
405	U.S.C., including job counseling, training, and placement for
406	veterans.
407	(f)  Employment and training activities carried out under
408	the Community Services Block Grant Act, 42 U.S.C. ss. 9901 et
409	seq.
410	(g)  Employment and training activities carried out under
411	funds awarded to this state by the United States Department of
412	Housing and Urban Development.
413	(h)  Designated state and local program expenditures under
414	part A of Title IV of the Social Security Act for welfare
415	transition workforce services associated with the Temporary
416	Assistance for Needy Families Program.
417	(i)  Programs authorized under the National and Community
418	Service Act of 1990, 42 U.S.C. ss. 12501 et seq., and the
419	Service-America programs, the National Service Trust programs,
420	the Civilian Community Corps, the Corporation for National and
421	Community Service, the American Conservation and Youth Service
422	Corps, and the Points of Light Foundation programs, if such
423	programs are awarded to the state.
424	(j)  The Unemployment Compensation program provided
425	pursuant to chapter 443.
426	(k)  Other programs funded by federal or state
427	appropriations, as determined by the Legislature in the General
428	Appropriations Act or by law.
429	(4)  The Agency for Workforce Innovation shall provide or
430	contract for training for employees of administrative entities
431	and case managers of any contracted providers to ensure they
432	have the necessary competencies and skills to provide adequate
433	administrative oversight and delivery of the full array of
434	client services pursuant to s. 445.004(5)(b). Training
435	requirements include, but are not limited to:
436	(a)  Minimum skills, knowledge, and abilities required for
437	each classification of program personnel utilized in the
438	regional workforce boards' service delivery plans.
439	(b)  Minimum requirements for development of a regional
440	workforce board supported personnel training plan to include
441	preservice and inservice components.
442	(c)  Specifications or criteria under which any regional
443	workforce board may award bonus points or otherwise give
444	preference to competitive service provider applications that
445	provide minimum criteria for assuring competent case management,
446	including, but not limited to, maximum caseload per case
447	manager, current staff turnover rate, minimum educational or
448	work experience requirements, and a differentiated compensation
449	plan based on the competency levels of personnel.
450	(d)  Minimum skills, knowledge, and abilities required for
451	contract management, including budgeting, expenditure, and
452	performance information related to service delivery and
453	financial administration, monitoring, quality assurance and
454	improvement, and standards of conduct for employees of regional
455	workforce boards and administrative entities specifically
456	related to carrying out contracting responsibilities.
457	Section 8.  Sections 402.26, 402.301, 402.3016, 402.302,
458	402.30501, 402.3135, 402.3145, 411.01, and 411.012, Florida
459	Statutes, are repealed.
460	Section 9.  Section 1014.04, Florida Statutes is created to
461	read:
462	1014.04  Early Learning Advisory Council.--
463	(1)  The Governor shall appoint an Early Learning Advisory
464	Council to advise the Commissioner of Education concerning
465	implementation of the voluntary universal prekindergarten
466	program, transition of school readiness programs to the
467	Department of Education, and operation of early learning
468	programs.
469	(2)  The Early Learning Advisory Council shall include, at
470	a minimum, the following members:
471	(a)  A representative of private for-profit early childhood
472	education providers;
473	(b)  A representative of faith-based early childhood
474	education providers;
475	(c)  A Head Start service provider;
476	(d)  A representative of a program for prekindergarten
477	programs for children with disabilities under the Individuals
478	with Disabilities Education Act.
479	(e)  A representative of not-for-profit early childhood
480	education providers;
481	(f)  A public school superintendent;
482	(g)  The chair of an early learning council;
483	(h)  The chair of the Business Partnership for Early
484	Learning;
485	(i)  The chair of a local Children's Services Council or
486	its equivalent;
487	(j)  A parent of a child who is enrolled in a publicly-
488	funded early learning program;
489	(k)  A representative of family child care homes; and
490	(l)  A minimum of four representatives of the private
491	business community who do not derive their income from the
492	delivery of early childhood education.
493	(3)  The members must be geographically and demographically
494	representative of the state. The governor may appoint additional
495	members to ensure balanced representation.
496	(4)  Members are subject to the ethics provisions in part
497	III of chapter 112.
498	(5)  Members shall serve 3-year terms, except that half of
499	the members shall have initial appointments of 2 years.  Members
500	may be reappointed for one additional 3-year term.
501	(6)  Members shall serve without compensation but are
502	entitled to reimbursement for per diem and travel expenses
503	incurred in the performance of their duties as provided in s.
504	112.061, and reimbursement for other reasonable, necessary, and
505	actual expenses.
506	Section 10.  Section 1014.05, Florida Statutes, is created
507	to read:
508	1014.05  Parental involvement.--The involvement of parents
509	is critical to a child's readiness to learn; therefore, nothing
510	in this chapter shall be construed to limit the role of a
511	child's parents as their first teacher.
512	(1)  To provide opportunities for effective parental
513	involvement, early learning councils shall ensure that
514	information is made available to parents to enable them to make
515	informed choices about their child's participation in early
516	learning programs, including:
517	(a)  Information required by s. 402.3125 regarding the
518	licensure of child care centers and family child care homes;
519	(b)  Related community resources available to meet the
520	parent's and child's needs; and
521	(c)  The requirements of the consumer protection system for
522	the voluntary universal prekindergarten program, pursuant to
523	s.1014.22.
524	(2)  Parents are expected to be active participants in the
525	early learning program in which they enroll their child.  Early
526	learning program providers must ensure that opportunities are
527	made available for parents to support their child in developing
528	literacy skills and achieving other early learning objectives.
529	Section 11.  Section 1014.06, Florida Statutes, is created
530	to read:
531	1014.06  Early learning personnel; training requirements.--
532	(1)  The State Board of Education shall adopt rules
533	prescribing minimum standards for the training of early learning
534	personnel. These standards shall ensure that each of the
535	following early learning personnel successfully completes an
536	approved introductory course in early childhood education, as
537	evidenced by passage of a competency examination:
538	(a)  Directors and other early childhood education
539	personnel of child care centers.
540	(b)  Directors and other early childhood education
541	personnel of specialized child care centers for mildly ill
542	children.
543	(c)  Operators of family child care homes.
544	(d)  Operators of large family child care homes.
545
546	These minimum training standards do not apply to certain
547	occasional or part-time support staff, including, but not
548	limited to, swimming instructors, piano teachers, dance
549	instructors, and gymnastics instructors. Universities, community
550	colleges, school districts, and private providers are authorized
551	to coordinate or provide this training.
552	(2)  The department shall grant exemptions from all or a
553	portion of the required training to a director or other early
554	childhood education personnel of a child care center, of a
555	specialized child care center for mildly ill children, of a
556	large family child care home, or of a family child care home,
557	based upon educational credentials or passage of competency
558	examinations. A director or other early childhood education
559	personnel of a child care center, or of a specialized child care
560	center for mildly ill children, of a large family child care
561	home or of a family child care home, who possesses a 2-year
562	degree or higher that includes 6 college credit hours in early
563	child development or child growth and development, or a child
564	development associate credential, an equivalent state-approved
565	child development associate credential, or a child development
566	associate waiver certificate shall be automatically exempted
567	from the training requirements in paragraph (3)(b), paragraph
568	(3)(d), and paragraph (3)(e).
569	(3)  The introductory course for directors and other early
570	childhood education personnel of child care centers and
571	specialized child care centers for mildly ill children, and for
572	operators of large family child care homes, shall be 45 clock
573	hours. The introductory course for operators of family child
574	care homes shall be 30 clock hours. Each approved introductory
575	course must cover at least the following topic areas:
576	(a)  State and local rules and regulations governing early
577	learning programs.
578	(b)  Health, safety, and nutrition.
579	(c)  Identifying and reporting of child abuse and neglect.
580	(d)  Early learning, including typical and atypical
581	language, cognitive, motor, social, and self-help skills
582	development.
583	(e)  Observation of developmental behaviors, including the
584	use of a checklist or other similar observation tools and
585	techniques to determine the child's developmental age level.
586	(f)  Early literacy and language development of children
587	from birth to 5 years of age.
588	(g)  Other specialized areas as determined by the State
589	Board of Education.  For directors and early childhood education
590	personnel of child care centers and specialized child care
591	centers for mildly ill children, these specialized topic areas
592	must also include computer technology for professional and
593	classroom use.
594	(h)  The introductory course for directors and early
595	education personnel of child care centers, and of specialized
596	child care centers for mildly ill children, shall stress, to the
597	maximum extent practicable, an interdisciplinary approach to the
598	study of children.
599	(4)(a)  Each operator of a family child care home must
600	successfully complete the training required under this section,
601	as evidenced by passage of the competency examination, before
602	providing early learning programs to a child.
603	(b)  Each director or other early childhood education
604	personnel of a child care center or specialized child care
605	center for mildly ill children, and each operator of a large
606	family child care home, must:
607	1.  Begin training to meet the training requirements within
608	90 days after initial employment within the early learning field
609	in this state; and
610	2.  Successfully complete the training required under this
611	section, as evidenced by passage of the competency examination,
612	within 1 year after the date on which the training begins.
613	(5)(a)  In order to further their early learning programs
614	and, if appropriate, administrative skills, each director,
615	operator, or other early childhood education personnel required
616	to be trained under this section who has fulfilled the
617	requirements for the introductory training, must annually
618	complete an additional 1 continuing education unit of approved
619	inservice training, or 10 clock hours of equivalent training, as
620	determined by the State Board of Education.
621	(b)  Each director, operator, or early childhood education
622	personnel required to be trained under this section must
623	complete 0.5 continuing education units of approved training or
624	5 clock hours of equivalent training, as determined by the
625	department, in early literacy and language development of
626	children from birth to 5 years of age.
627	Section 12.  Section 1014.061, Florida Statutes, is created
628	to read:
629	1014.061  Child development associate and child development
630	associate equivalent curriculum.--
631	(1)  The Department of Education shall conduct a program
632	review of all currently approved child development associate and
633	child development associate equivalent educational programs and
634	any corresponding state requirements in order to assess the
635	curriculum and testing requirements and to develop methods for
636	the improvement of these requirements and procedures. The
637	evaluation shall be conducted every 3 years. The evaluation
638	shall include, but not be limited to, a determination of the
639	accessibility, quality, scope, and sources of current training;
640	a determination of the need for specialty training; and a
641	determination of ways to increase inservice training and ways to
642	increase the accessibility, quality, and cost-effectiveness of
643	current and proposed training.
644	(2)  The State Board of Education shall establish rules
645	identifying curriculum standards for the approval of child
646	development associate and child development associate equivalent
647	programs, and for the renewal of the child development associate
648	or child development associate equivalent credential. The
649	curriculum standards for the child development associate
650	equivalent shall include a requirement for successful completion
651	of a competency based examination for which a professional
652	certificate will be awarded. The curriculum standards and the
653	renewal requirement for the equivalent state-approved child
654	development associate credential shall include literacy
655	education, effective practices for increasing parental
656	involvement, and strategies to meet the needs of non-English-
657	speaking children and children with disabilities. Universities,
658	community colleges, school districts, and private providers are
659	authorized to deliver training for professional development.
660	Section 13.  Section 1014.062, Florida Statutes, is created
661	to read:
662	1014.062 Trainer qualifications.--
663	(1)  Early learning professionals teaching an approved 45
664	clock-hour introductory course, a child development associate
665	credential, or an equivalent state-approved child development
666	associate credential shall meet the following qualifications at
667	a minimum:
668	(a)  Be at least 21 years old.
669	(b)  Complete the training course developed by the
670	Department of Education.
671	(c)  Meet one of the following educational and experiential
672	credentials verified by the training coordinating agency:
673	1.  Four-year college degree or higher with 6 college
674	credit hours in early childhood education, plus 480 hours
675	experience in a child care setting serving children ages birth
676	through 5 years of age or a teaching certificate.
677	2.  A.S. or A.A. degree in child development, plus 480
678	hours experience in a child care setting serving children birth
679	through five years of age.
680	3.  Associate degree with 6 college credit hours in early
681	childhood education, plus 960 hours experience in a child care
682	setting serving children birth through five years of age.
683	Section 14.  Section 1014.063, Florida Statutes, is created
684	to read:
685	1014.063  Early learning personnel training capacity.--The
686	department shall conduct an evaluation of training requirements
687	and testing procedures for early learning personnel in order to
688	assess the status of this training and testing and to develop
689	methods for improving these requirements and procedures. The
690	evaluation shall be conducted every 3 years and shall include,
691	but not be limited to, a determination of the accessibility,
692	quality, scope, and sources of current training; a determination
693	of the need for specialty training; and a determination of ways
694	to increase inservice training and accessibility, quality, and
695	cost-effectiveness of current and proposed training.
696	Section 15.  Section 1014.064, Florida Statutes, is created
697	to read:
698	1014.064 Articulation.--
699	(1)  The State Board of Education shall development
700	guidelines for the articulation required in this subsection
701	which maximize local flexibility in developing inter-
702	institutional articulation agreements while assuring students in
703	the field of early learning the ability to proceed toward their
704	higher educational and professional objectives. The State Board
705	of Education shall establish in rule a statewide articulation
706	agreement in which:
707	(a)  Successful completion of the 45-clock-hour
708	introductory course shall reduce the number of hours required
709	for the equivalent state-approved child development associate
710	credential by 45 hours. The specific competencies into which the
711	hours articulate shall be determined by the State Board of
712	Education.
713	(b)  Successful completion of a child development associate
714	credential or an equivalent state-approved child development
715	associate credential shall articulate into a minimum of 12
716	community college credit hours in early childhood education. The
717	specific courses into which the credits articulate shall be
718	determined by the local community college.
719	(c)  Successful completion of the early childhood education
720	Associate Degree shall articulate into the appropriate state
721	university baccalaureate degree program.
722	Section 16.  Section 1014.065, Florida Statutes, is created
723	to read:
724	1014.065 Experience credit.--
725	(1)  The State Board of Education shall develop, in rule, a
726	process by which early learning personnel who have completed the
727	introductory training program prior to June 30, 1999, and who
728	have been employed no less than 5 years as early childhood
729	education personnel may have an opportunity to earn an
730	equivalent state-approved child development associate
731	credential.  The process should, at a minimum, include:
732	(a)  A procedure for application and determination of
733	eligibility.
734	(b)  A method of measuring competency that shall include
735	observation of the applicant in an early learning setting by a
736	qualified observer and successful completion of the child
737	development associate equivalent competency based examination.
738	(2)  This subsection shall expire on June 30, 2009, unless
739	reenacted by the Legislature.
740	Section 17.  Section 402.3017, Florida Statutes, is
741	transferred, renumbered as section 1014.07, Florida Statutes,
742	and amended to read:
743	1014.07 402.3017  Early learning quality initiatives
744	Teacher Education and Compensation Helps (TEACH) Early Childhood
745	Project scholarship program.--
746	(1)  The  Legislature finds that the level of early child
747	care teacher education and training is a key predictor for
748	determining program quality.  The Legislature also finds that
749	low wages for child care workers prevent many from obtaining
750	increased training and education and contribute to high turnover
751	rates.  The Legislature therefore, intends to help fund a
752	program which links teacher training and education to
753	compensation and commitment to the field of child care.
754	(1)(2)  The department may Department of Children and
755	Family Services is authorized to contract for the administration
756	of the Teacher Education and Compensation Helps (TEACH) Early
757	Childhood Project.  The project shall be based on its national
758	model and shall provide scholarship program, which provides
759	educational scholarships to caregivers and administrators of
760	early childhood programs, family day care homes, and large
761	family early childhood education personnel child care homes.
762	(2)  The department may contract for the administration of
763	the Home Instruction for Parents of Preschool Youngsters (HIPPY)
764	program. The program shall be based on its national model and
765	shall encourage parental involvement in early learning programs
766	by providing parents with assistance in preparing their children
767	for school.
768	(3)  The department may shall adopt rules under s.
769	120.536(1) and s. 120.54 as necessary to administer implement
770	this section.
771	(4) For the 2003-2004 fiscal year only, the Agency for
772	Workforce Innovation shall administer this section.  This
773	subsection expires July 1, 2004.
774	Section 18.  Section 1014.08, Florida Statutes, is created
775	to read:
776	1014.08  Accountability.--
777	(1)  LEGISLATIVE INTENT.--It is the intent of the
778	Legislature that:
779	(a)  The performance accountability system implemented to
780	assess the effectiveness of Florida's publicly-funded early
781	learning programs, including the voluntary universal
782	prekindergarten program, must provide answers to the following
783	questions:
784	1.  What is the public receiving in return for funds it
785	invests in early learning programs?
786	2.  How effective are the early learning programs and
787	providers in preparing children to be "ready" for kindergarten?
788	3.  How effective and efficient are the local early
789	learning councils in meeting performance standards established
790	by the State Board of Education?
791	4.  How effective and efficient are the State Board of
792	Education and Commissioner of Education in administering and
793	supporting early learning programs?
794	(b)  The early learning performance accountability system
795	shall be established as a single, unified accountability system
796	with multiple components including, but not limited to, measures
797	of a child's readiness for kindergarten; program effectiveness
798	including effectiveness of the voluntary universal
799	prekindergarten program; effectiveness of the Department of
800	Education, early learning councils, and early learning
801	providers; and return on investment. The State Board of
802	Education shall be responsible for maintaining a comprehensive
803	early learning performance accountability system.
804	(c)  The State Board of Education shall recommend to the
805	Legislature, no later than January 2005, early learning
806	performance measures and standards including the components
807	identified in subsection (1)(a).
808	(d)  The Legislature must adopt early learning performance
809	measures and standards no later than June 2005. The measures and
810	standards adopted by the Legislature shall provide Floridians
811	with information on what the public is receiving in return for
812	the funds it invests in early learning programs and answer the
813	other questions identified in subsection (1)(a).
814	(e)  Each early learning council must conduct an annual
815	evaluation of the effectiveness of its early childhood education
816	programs. The results of the evaluations shall be submitted in
817	the manner prescribed by the Department of Education and made
818	available to the public upon request. This evaluation shall
819	include components prescribed by the State Board of Education
820	and, at a minimum, measures of the following:
821	1.  The children's achievement as measured by age-
822	appropriate assessments upon entry into the program and upon
823	completion of the program; and
824	2.  The children's readiness for kindergarten as measured
825	by the instrument adopted by the State Board of Education to
826	assess the school readiness of all children entering
827	kindergarten.
828	(2)  MISSION, GOALS, PERFORMANCE MEASURES.--
829	(a)  The mission of early learning programs is to provide
830	the elements necessary to prepare children for school, including
831	health screening and referral, a developmentally appropriate
832	educational program, and opportunities for parental involvement.
833	The purpose of the early learning programs is to assist local
834	communities in implementing programs that will enable all
835	children in the community to be prepared for success in school.
836	(b)  The State Board of Education shall adopt guiding
837	principles for establishing state, early learning councils, and
838	provider standards and measures.
839	(c)  The Department of Education shall recommend to the
840	State Board of Education an early learning accountability system
841	that determines the efficiency and effectiveness of publicly-
842	funded early learning programs. The Department of Education
843	shall consult with early learning stakeholders in the
844	development of its recommendations.
845	(d)  The State Board of Education shall maintain an
846	accountability system that measures the following goals:
847	1.  Children's preparedness to enter kindergarten,
848	2.  Children's acquisition of early literacy skills needed
849	to become successful readers,
850	3.  Parental involvement opportunities provided,
851	4.  Community partnerships leveraged to meet the needs of
852	children, and
853	5.  Assistance to working families.
854	(3)  SYSTEM WIDE DATA COLLECTION.--Early learning councils
855	and state funded providers shall maintain information systems
856	that will provide the State Board of Education and the
857	Legislature with information and reports necessary to address
858	the specifications of the accountability system.  The State
859	Board of Education shall determine the standards for the
860	required data.
861	(4)  The State Board of Education shall adopt rules
862	pursuant to ss. 120.536(1) and 120.54 necessary for the
863	implementation of this section.
864	Section 19.  Section 411.0105, Florida Statutes, is
865	transferred, renumbered as section 1014.09, Florida Statutes,
866	and amended to read:
867	1014.09 411.0105 Federal Early Learning Opportunities Act
868	and Even Start Family Literacy Programs; lead agency
869	responsibilities.--The Governor may designate the Department of
870	Education as the lead agency for purposes of administration of
871	the federal Child Care and Development Fund, 45 C.F.R. parts 98
872	and 99, and the federal Early Learning Opportunities Act, 20
873	U.S.C. ss. 9401-9413. If designated as the lead agency, the
874	department must comply with the lead agency responsibilities
875	under federal law.
876	Section 20.  Section 1014.10, Florida Statutes is created
877	to read:
878	1014.10  Conflicting Provisions.--If a conflicting
879	provision exists between this chapter and federal requirements,
880	the federal requirements shall control.
881	Section 21.  Part II of chapter 1014, Florida Statutes,
882	shall be entitled "Voluntary universal prekindergarten program"
883	and shall consist of ss. 1014.20-1014.32.
884	Section 22.  1014.20  Legislative intent.--
885	(1)  The voluntary universal prekindergarten program shall
886	provide a high-quality prekindergarten learning opportunity that
887	is voluntary and free for every child in Florida who is 4 years
888	of age.
889	(2)  The program must be organized, designed and delivered
890	in accordance with sections 1(b) and (c), Article IX, of the
891	State Constitution.
892	(3)  It is the goal of the Legislature that 100% of the
893	children that participate in the voluntary universal
894	prekindergarten program are assessed as "ready" upon entering
895	kindergarten.
896	(4)  The Legislature recognizes that high-quality voluntary
897	universal prekindergarten increases children's chances of
898	achieving future educational success and becoming productive
899	members of society.  It is the intent of the Legislature that
900	such programs be developmentally appropriate, serve as
901	preventive measures for children at risk of future school
902	failure, enhance the educational readiness of all children, and
903	support family education and the involvement of parents in their
904	child's educational progress. The voluntary universal
905	prekindergarten program shall provide the elements necessary to
906	prepare children for school including, but not limited to,
907	health screening and referral, a developmentally appropriate
908	educational program, and opportunities for parental involvement
909	in the program.
910	(5)  The Legislature recognizes that there is a strong
911	relationship between the skill and preparation of early learning
912	staff and educational outcomes of children in early learning
913	programs. To improve educational outcomes, it is the goal of the
914	Legislature that all early learning staff continually improve
915	their skill and preparation through education and training so
916	that in 5 years, at least one staff member in each classroom
917	will have an associate's degree in the field of early childhood
918	education or child development and in eight years, at least one
919	staff member in each classroom will have a bachelor's degree in
920	the field of early childhood education or child development.
921	(6)  It is the intent of the Legislature that the
922	prekindergarten program exist not as an isolated program, but
923	build upon existing services and work in cooperation with other
924	programs for young children.
925	Section 23.  Section 1014.21, Florida Statutes, is created
926	to read:
927	1014.21  Parental rights, choices, and responsibilities.--
928	(1)  The voluntary universal prekindergarten program is
929	expected to assist and support parents in fulfilling their role
930	as their child's first teachers.  To that end, parental
931	involvement in the program will be characterized by respectful
932	partnerships between parents and staff and sensitivity to
933	cultural diversity and language.
934	(2)  Parents must be provided information necessary to make
935	an informed choice among available prekindergarten program sites
936	and providers.
937	(3)  Each voluntary universal prekindergarten service
938	provider should have strong expectations of parental involvement
939	and encourage parents to be involved in getting their children
940	ready for school.
941	(4)  Parents should receive periodic assessments of child
942	progress and developmental and educational needs.  When
943	necessary and appropriate, parents should be offered assistance
944	in interpreting assessment information and in accessing
945	resources to address their child's needs.
946	(5)  The universal prekindergarten program is voluntary,
947	and parents who exercise the option to have their four-year-old
948	child participate have the responsibility to ensure that the
949	child experiences a high-quality learning opportunity. In
950	selecting a voluntary universal prekindergarten service
951	provider, the parent or guardian should:
952	(a)  Be aware of the range of eligible public, private, and
953	faith-based programs;
954	(b)  Verify that providers meet all program eligibility
955	requirements pursuant to this act;
956	(c)  Review program performance data that may include
957	performance of children who have been served by the provider on
958	the required school readiness screening administered upon entry
959	into public kindergarten and other program evaluations;
960	(d)  Verify that the provider's license is current;
961	(e)  Talk with other parents about their child's experience
962	with the provider; and
963	(f)  Select the provider that is most appropriate for the
964	child, based on such considerations as quality of the physical
965	learning environment (facilities, equipment, materials); regular
966	periodic assessments of child progress and developmental and
967	educational needs; literacy-focused curricula and learning
968	experiences; sensitivity to cultural diversity; recognition of
969	children's individual needs and rates of learning; the parental
970	visitation policy; meaningful opportunities for parent
971	involvement, education, and enrichment; respect for the role of
972	the parent as the child's first and most vital teacher;
973	establishment of a partnership between parents and staff in the
974	child's program; opportunities for parents to grow with their
975	child and develop parenting skills; and availability of a
976	variety of resources and services for parents and families.
977	Section 24.  Section 1014.22, Florida Statutes, is created
978	to read:
979	1014.22  Consumer protection; Department of Education,
980	parents, and guardians.--Parents are responsible for making
981	informed choices about whether their child should participate in
982	the voluntary universal prekindergarten program and, if they
983	decide to participate in the program, selecting the provider
984	best suited to meet their child's needs. The state serves a
985	number of important roles in providing consumer protection for
986	participants in the voluntary universal prekindergarten program
987	such as prescribing program provider eligibility criteria
988	(including fiscal soundness, staff credential requirements,
989	approved curriculum, program length and child to staff ratio),
990	maintaining a comprehensive public accountability system,
991	funding the program and infrastructure, research and
992	development, and disseminating information.
993	(1)(a)  The Department of Education shall create and
994	implement a consumer education and protection program that
995	strengthens the delivery system. The goal of the program is to
996	empower families and guardians to make informed decisions about
997	participation in the voluntary universal prekindergarten
998	program. The program shall include a variety of strategies that,
999	at a minimum, communicate the purpose of the program, the
1000	characteristics of a high quality program, application
1001	information, and program eligibility criteria.
1002	(b)  The Department of Education shall establish a toll-
1003	free hotline and Internet website to answer questions and
1004	provide information regarding the voluntary universal
1005	prekindergarten program. This hotline shall be separate but
1006	should be accessible from the single point of entry system. The
1007	statewide resource and referral system provided pursuant to s.
1008	1014.48 shall also include information about voluntary
1009	prekindergarten programs and providers.
1010	(2)(a)  Each provider must communicate objective
1011	information about its program(s) to parents who wish to
1012	participate in the voluntary prekindergarten education program.
1013	(b)  Participating providers must provide evidence on an
1014	annual basis that they meet all program eligibility criteria
1015	specified in s. 1014.27.
1016	Section 25.  Section 1014.23, Florida Statutes, is created
1017	to read:
1018	1014.23  Service delivery and design.--
1019	(1)  The voluntary universal prekindergarten program will
1020	be delivered through a diverse network of high quality private
1021	not-for-profit, private for-profit, faith-based, and public
1022	providers. This diversity is necessary to support parental
1023	choice and maximize use of existing program capacity and
1024	community resources.
1025	(2)  The department will encourage and support partnerships
1026	among early learning councils, local governments, community and
1027	faith-based organizations, private schools and early learning
1028	providers, public schools, and businesses to ensure that the
1029	capacity of high quality services is adequate to meet
1030	anticipated demand for voluntary universal prekindergarten.
1031	Section 26.  Section 1014.24, Florida Statutes, is created
1032	to read:
1033	1014.24  Community partnerships.--
1034	(1)  Physical, behavioral, and developmental needs of
1035	children enrolled in the voluntary universal prekindergarten
1036	program will be addressed through coordination with and referral
1037	to other local and state agencies or community-based
1038	partnerships.
1039	(2)  Each provider must implement processes for referring
1040	children who need additional support services to appropriate
1041	community service providers including, but not limited to,
1042	public health departments, providers of early intervention
1043	services, and publicly funded providers of behavioral or
1044	developmental services. The statewide resource and referral
1045	system provided pursuant to s. 1014.48 shall include guidelines
1046	and procedures for referring children for support services.
1047	(3)  The application used by parents for voluntary
1048	universal prekindergarten program enrollment must include an
1049	inventory of their child's needs and service history so that
1050	program service providers can identify referral needs.
1051	Section 27.  Section 1014.25, Florida Statutes, is created
1052	to read:
1053	1014.25  Eligibility and application for services.--
1054	(1)  Children who are residents of Florida and have
1055	attained the age of 4 years on or before September 1 of the
1056	school year are eligible for admission to the voluntary
1057	universal prekindergarten education program for that school
1058	year.
1059	(2)  Prior to the beginning of the school year, parents
1060	will be given an opportunity to submit an application for
1061	voluntary universal prekindergarten program admission for each
1062	eligible child.
1063	(3)  The State Board of Education shall establish by rule
1064	the procedures for application including, but not limited to,
1065	the following:
1066	(a)  The application form;
1067	(b)  The application time period; and
1068	(c)  Processes and procedures.
1069	(4)  The Department of Education must make information
1070	about the application process accessible to the public through a
1071	public information program that includes print and electronic
1072	media and the Internet.
1073	Section 28.  Section 1014.26, Florida Statutes, is created
1074	to read:
1075	1014.26  Program description.--Voluntary universal
1076	prekindergarten education program; child expectations,
1077	curricula, and transition to kindergarten.
1078	(1)  The voluntary universal prekindergarten program shall
1079	be designed to address and enhance each child's ability to make
1080	age-appropriate progress, provide development of language and
1081	cognitive capabilities, and provide education in basic and other
1082	appropriate skills through high-quality learning experiences
1083	that build upon children's interests and skills.
1084	(2)  To define age-appropriate expectations that will
1085	enable children to be ready for school, the Department of
1086	Education shall work with the Florida Center for Reading
1087	Research to review the Florida School Readiness Performance
1088	Standards for Three-Year Old, Four-Year Old, and Five-Year-Old
1089	Children 2002 to revise and propose additional or revised
1090	standards that emphasize early literacy and oral language
1091	skills, including vocabulary development. The State Board of
1092	Education shall adopt these literacy and language standards for
1093	use in the state's voluntary universal prekindergarten program.
1094	(3)  Curricula used in voluntary universal prekindergarten
1095	programs shall be age-appropriate, literacy-focused, and
1096	responsive to children with special needs including those with
1097	disabilities, and those whose first language is other than
1098	English. Such curricula shall be aligned with the expected child
1099	outcomes, as referenced in subparagraph (1)(a).
1100	(a)  The State Board of Education shall:
1101	1.  Identify curricula that meet the adopted standards;
1102	2.  Provide a mechanism for review and approval of
1103	additional curricula proposed for use in voluntary universal
1104	prekindergarten programs; and
1105	3.  Ensure that all voluntary universal prekindergarten
1106	education programs use curricula that meet the adopted
1107	standards.
1108	(4)  Information related to the child's progress while in
1109	the voluntary universal prekindergarten program shall be
1110	submitted to the child's parent on a regular basis and such
1111	information shall be provided, in the manner prescribed by the
1112	Department of Education, to the school at which the child
1113	enrolls for kindergarten.
1114	Section 29.  Section 1008.21, Florida Statutes, is amended
1115	to read:
1116	1008.21  School readiness uniform screening
1117	(kindergarten).--
1118	(1)  The Department of Education shall implement a the
1119	school readiness uniform screening developed by the Florida
1120	Partnership for School Readiness, and shall require that all
1121	school districts administer the kindergarten uniform screening
1122	to each kindergarten student in the district school system upon
1123	the student's entry into kindergarten.
1124	(2)(a)  The Department of Education shall implement the
1125	school readiness uniform screening to validate the system
1126	recommended by the Florida Partnership for School Readiness as
1127	part of a comprehensive evaluation design. Beginning with the
1128	2002-2003 school year, the department shall require that all
1129	school districts administer the school readiness uniform
1130	screening to each kindergarten student in the district school
1131	system upon the student's entry into kindergarten. Children who
1132	enter public school for the first time in first grade must be
1133	administered the school readiness uniform screening adopted for
1134	use in first grade. The department shall incorporate school
1135	readiness data into the K-20 data warehouse for longitudinal
1136	tracking.
1137	(b) The uniform screening shall provide objective data
1138	regarding the following expectations for school readiness which
1139	shall include, at a minimum:
1140	1.The child's immunizations and other health requirements
1141	as necessary, including appropriate vision and hearing screening
1142	and examinations.
1143	2.The child's physical development.
1144	1.3.  The child's compliance with rules, limitations, and
1145	routines.
1146	2.4.  The child's ability to perform tasks.
1147	3.5.  The child's interactions with peers and adults.
1148	6.  The child's interactions with peers.
1149	7. The child's ability to cope with challenges.
1150	8. The child's self-help skills.
1151	9. The child's ability to express his or her needs.
1152	10. The child's verbal communication skills.
1153	4.11.  The child's problem-solving skills.
1154	5.12.  The child's ability to follow verbal directions.
1155	6.13.  The child's demonstration of curiosity, persistence,
1156	and exploratory behavior.
1157	7.14.  The child's knowledge of and interest in books and
1158	other printed materials.
1159	15.  The child's ability to pay attention to stories.
1160	16.  The child's participation in art and music activities.
1161	17.  The child's ability to identify colors, geometric
1162	shapes, letters of the alphabet, numbers, and spatial and
1163	temporal relationships.
1164	(b)  The screening system shall measure emerging phonemic
1165	awareness and phonics skills that are valid and reliable
1166	predictors for later reading performance.
1167	(2)  Recognizing the importance of a child's development in
1168	the domain of physical health, each district school board shall
1169	ensure that prior to enrollment in kindergarten, information
1170	regarding the child's immunizations, physical development, and
1171	other health information, including appropriate vision and
1172	hearing screening and examinations as necessary, is obtained as
1173	required by s. 1003.22.
1174	(3)  To enhance each child's ability to make age-
1175	appropriate progress, each district school board shall also
1176	provide for ongoing formal and informal assessment of a child's
1177	child's social and emotional development. Information
1178	obtained through such assessments shall be shared with the
1179	child's parent and or used to guide instruction.
1180	Section 30.  Section 1014.27, Florida Statutes, is created
1181	to read:
1182	1014.27  Program provider eligibility criteria.--To be
1183	eligible to participate as a provider in Florida's voluntary
1184	universal prekindergarten program and be eligible for state
1185	funds, the provider must be located in Florida and must:
1186	(1)  Demonstrate fiscal soundness by being in operation for
1187	at least one year or being part of a corporation with early
1188	learning program providers in Florida prior to June 2004.
1189	(2)  By the 2006-07 school year, meet Gold Seal standards
1190	pursuant to s.387.24.
1191	(3)  Have a minimum staff ratio of 1:10 and serve at least
1192	5 children.
1193	(4)  Beginning in 2005-06, ensure that one instructional
1194	staff for every ten children has a minimum staff credential of:
1195	(a)  A child development associate credential; or
1196	(b)  A credential that is equivalent to or greater than the
1197	credential required in (a).
1198	(5)  Beginning in 2006-2007, a second staff member meeting
1199	the minimum staff credential prescribed in (4) is required for
1200	classes of eleven to twenty children.
1201	(6)  Use a curriculum that has been determined to meet
1202	standards set by the State Board of Education pursuant to s.
1203	1014.26.
1204	(7)  Provide parents regular periodic information of the
1205	child's progress towards attaining age-appropriate developmental
1206	and early learning outcomes consistent with expectations in s.
1207	1014.26.
1208	(8)  Establish an information and referral process for
1209	wrap-around services for children who need support beyond what
1210	is provided within the voluntary universal prekindergarten
1211	program.
1212	(9)  Provide opportunities for parental involvement.
1213	(10)  Cultivate and leverage community partnerships.
1214	(11)  Annually register with the appropriate early learning
1215	council. Each owner or operator must provide the following
1216	information:
1217	(a)  The legal business and trade names, mailing address
1218	and business location of the early learning program;
1219	(b)  The full names, addresses, and telephone numbers of
1220	all owners or operators of the provider; and
1221	(c)  A notification of the provider's intent to participate
1222	in the program under this section.
1223	(12)  Offer a program that is 180 days in length and 4
1224	hours per day or 720 hours per year.
1225	(13)  Comply with applicable state and local health and
1226	safety laws, rules and codes.
1227	Section 31.  Section 1014.28, Florida Statutes, is created
1228	to read:
1229	1014.28  Transportation.--
1230	(1)  Voluntary universal prekindergarten funds may not be
1231	used in any form to provide transportation services for the
1232	voluntary universal prekindergarten program or for the purchase
1233	of motor vehicles. Voluntary universal prekindergarten providers
1234	may provide transportation services for a voluntary universal
1235	prekindergarten program through other funds, including local
1236	monies or parent fees.
1237	(2)  Children who are from economically disadvantaged
1238	families as defined in 1014.40(2) may have the cost of their
1239	transportation reimbursed pursuant to 1014.42 this section.
1240	Section 32.  Section 1014.29, Florida Statutes, is created
1241	to read:
1242	1014.29  Financial matters.--
1243	(1)(a)  In order to maximize parental choice, a voucher in
1244	the amount established by the Legislature in the General
1245	Appropriations Act shall be awarded to parents of children who
1246	are eligible to participate in a voluntary universal
1247	prekindergarten program. Payment for the voucher will be made to
1248	the parent for the voluntary universal prekindergarten provider
1249	of the parent's choice, or if the parent so chooses, directly to
1250	the provider.
1251	(b)  Providers wanting to operate a voluntary universal
1252	prekindergarten program are required to sign an annual funding
1253	agreement that must include, at a minimum:
1254	1.  Evidence that they meet provider eligibility criteria
1255	contained in s. 1014.27.
1256	2.  Clear statement that a provider will not charge above
1257	and beyond what the state funds per child, except for
1258	transportation, food, field trips, late pick-up fees, or other
1259	related fees.
1260	(2)  No liability shall arise on the part of the state
1261	based on any use of a voucher for a voluntary universal
1262	prekindergarten program.
1263	Section 33.  Section 1014.30, Florida Statutes, is created
1264	to read:
1265	1014.30  Budgeting.--All funds associated with the
1266	voluntary universal prekindergarten program must be appropriated
1267	in a single and separate budget entity.
1268	Section 34.  Section 1014.31, Florida Statutes, is created
1269	to read:
1270	1014.31  Voluntary universal prekindergarten capacity
1271	assessment.--
1272	(1)  The State Board of Education shall annually assess the
1273	state's capacity to provide high quality voluntary universal
1274	prekindergarten programs. This assessment shall include:
1275	(a)  The capacity of the early childhood education
1276	providers to serve the projected 4-year-old population; and
1277	(b)  The capacity of educational institutions and other
1278	training providers to prepare highly qualified personnel for
1279	early learning, pursuant to s.1014.06.
1280	(2)  The assessment shall specifically include the capacity
1281	needs of each county and be developed in partnership with local
1282	governments, businesses, community and faith-based
1283	organizations, and postsecondary educational institutions.
1284	(3)  The State Board of Education shall report the findings
1285	of this assessment and recommendations to improve the state's
1286	state's capacity to provide high quality voluntary universal
1287	prekindergarten programs to the Governor, the President of the
1288	Senate, and the Speaker of the House on or before September 30
1289	of each year.
1290	Section 35.  Section 1014.32, Florida Statutes, is created
1291	to read:
1292	1014.32  Targeted occupation list.--Workforce Florida,
1293	Inc., shall recognize credentialed placement in the field of
1294	early learning as a high skill occupation for purposes of
1295	performance outcome measures pursuant to s.1011.80(4)(c).
1296	Section 36.  Part III of chapter 1014, Florida Statutes,
1297	shall be entitled "Early Learning Opportunities" and shall
1298	consist of ss. 1014.40-1014.54.
1299	Section 37.  Section 1014.40, Florida Statutes is created
1300	to read:
1301	1014.40  Definitions.--
1302	(1)  "Central agency" means a community child care
1303	coordinating agency, which was established under the former
1304	subsidized child care program of the Department of Children and
1305	Family Services.
1306	(2)  "Economically disadvantaged" means having a family
1307	income that does not exceed 150 percent of the federal poverty
1308	level.
1309	Section 38.  Section 1014.41, Florida Statutes, is created
1310	to read:
1311	1014.41  Early learning councils.--
1312	(1)  Effective January 1, 2005, local governance shall be
1313	through no more than 28 early learning councils.
1314	(a)  Early learning councils shall be responsible for
1315	compliance with law and State Board of Education rules related
1316	to early childhood education at the local level. In performance
1317	of these duties, early learning councils must submit, in a
1318	timely manner, any information requested by the State Board of
1319	Education or the Department of Education relating to compliance
1320	accountability and consumer protection.
1321	(b)  Early learning councils shall provide oversight and
1322	accountability for early childhood education at the local level
1323	that shall include but not be limited to the following:
1324	1.  Maintain accurate records including those necessary to
1325	ensure fiscal and programmatic accountability and compliance
1326	with laws and State Board of Education rules governing local
1327	providers of early childhood education.
1328	2.  Provide for representation of a fiscal agent, if
1329	necessary, in compliance with s. 1014.52.
1330	3.  Retain legal representation, as necessary, for the
1331	review and implementation of contracts.
1332	4.  Implement a system of consumer protection as provided
1333	in s. 1014.22.
1334	5.  Prepare an annual financial and compliance audit of all
1335	accounts and records conducted by an independent certified
1336	public accountant and in accordance with rules adopted by the
1337	Auditor General.
1338	(c)  Each early learning council shall have as many members
1339	as may be required to include the following:
1340	1.  A Department of Children and Family Services district
1341	administrator or his or her designee who is authorized to make
1342	decisions on behalf of the department.
1343	2.  A district superintendent of schools or his or her
1344	designee who is authorized to make decisions on behalf of the
1345	district.
1346	3.  A regional workforce development board executive
1347	director.
1348	4.  A county health department director or his or her
1349	designee.
1350	5.  A children's services council or juvenile welfare board
1351	chair or executive director, where applicable.
1352	6.  A local child care licensing agency head, where
1353	applicable.
1354	7.  A community college president or designated
1355	representative.
1356	8.  A representative of a program for children with
1357	disabilities under the Individuals with Disabilities Education
1358	Act.
1359	9.  A parent or guardian of a child who participates in a
1360	publicly-funded early learning program.
1361	10.  A central child care agency administrator.
1362	11.  A Head Start director.
1363	12.  A representative of private child care providers.
1364	13.  A representative of faith-based child care providers.
1365	14.  A representative of family day care home providers.
1366	(d)  The Governor shall appoint the 14 members of each
1367	local council listed in (c) no later than January 1, 2005.
1368	Members shall serve a term of 4 years, except that one-third of
1369	initial appointees shall serve for two years, one-third shall
1370	serve for three years and one-third shall serve for four years.
1371	These 14 members shall appoint other council members.
1372	(e)  A voting majority of local council members shall be
1373	persons who do not have a substantial financial interest in the
1374	design or delivery of public or private early learning services
1375	in Florida, and neither they nor their families may earn an
1376	income from the early learning programs. To meet this
1377	requirement a council must appoint additional members from a
1378	list of nominees presented to the coalition by chambers of
1379	commerce or economic development councils within the geographic
1380	area of the council. The chair of the council must be chosen
1381	from among the voting majority.
1382	(f)  No member of a council may appoint a designee to act
1383	in his or her place unless specifically provided in this act. A
1384	member may send a representative to council meetings, but that
1385	representative will have no voting privileges.
1386	(g)  Members of the council are subject to the ethics
1387	provisions in part III of chapter 112. It is the duty of all
1388	members of the local coalition board to report all possible or
1389	apparent conflicts to the Chairperson and to recuse themselves
1390	from participating in council activities related to their areas
1391	of conflict. A conflict shall be deemed to exist if the council
1392	member represents any organization whether as an employee,
1393	officer or director that receives financial compensation or
1394	business for services rendered to the organization or has direct
1395	or indirect interest in action to be taken by the council.
1396	(h)  For the purposes of tort liability, the members of the
1397	council and its employees shall be governed by s. 768.28.
1398	(i)  All councils shall include representation from each
1399	county in the service area.
1400	(j)  Appointed members may serve a maximum of two terms.
1401	When a vacancy occurs in an appointed position, the governor
1402	shall fill the vacancy. When a vacancy occurs in a non-appointed
1403	position, the vacancy shall be publicly advertised for a minimum
1404	of 14 calendar days.
1405	Section 39.  Section 1014.42, Florida Statutes, is created
1406	to read:
1407	1014.42  Local council transition.--
1408	(1)  Between July 1, 2004, and December 31, 2004, local
1409	school readiness coalitions established pursuant to s.
1410	411.01(5), shall transition to early learning councils created
1411	pursuant to s. 1014.03(6).
1412	(2)  No later than October 1, 2004, executive Directors of
1413	the school readiness coalitions shall submit a plan to the
1414	Commissioner of Education for consolidating school readiness
1415	coalitions to create 28 early learning Councils (ELC). Any
1416	school readiness coalition that has not agreed to the
1417	consolidation plan would be assigned to an early learning
1418	council region by the commissioner.
1419	(3)  All facilities, equipment, and other resources
1420	purchased by local school readiness coalitions using state or
1421	federal child care or school readiness funding shall be
1422	transferred to the early learning council that assumes
1423	responsibility for the county or multi-county area previously
1424	served by the local school readiness coalition.
1425	(4)  In multi-county local school readiness coalition
1426	regions where the counties are divided between two or more early
1427	learning council service areas, each early learning council
1428	shall receive the share of the facilities, equipment, and other
1429	resources that is fairly apportioned to the county or counties
1430	for which it assumes jurisdiction. Any disagreements that may
1431	arise regarding resource allocation shall be resolved by the
1432	Chancellor for Early Learning.
1433	(5) Nothing in this section shall be construed to create a
1434	private cause of action or create any rights for individuals or
1435	entities in addition to those provided elsewhere in law or rule.
1436	Section 40.  Section 1014.43, Florida Statutes is created
1437	to read:
1438	1014.43  Early childhood education expectations.--Each
1439	early learning council shall administer and assure the provision
1440	of publicly-funded early childhood education programs that meet
1441	the following expectations:
1442	(1)  The services must prepare preschool children to enter
1443	kindergarten ready to learn, as measured by the performance
1444	standards and outcome measures adopted by the State Board of
1445	Education under s. 1014.08.
1446	(2)  The services must be developmentally appropriate and
1447	research-based, involve parents as their children's first
1448	teachers, serve as a preventive measure for children at risk of
1449	future school failure, enhance the educational readiness of
1450	eligible children, and support family education.
1451	(3)  The services must offer extended-day and extended-year
1452	options to the maximum extent practicable, within funding
1453	limitations and without compromising the quality of the program,
1454	to meet the needs of parents who work.
1455	(4)  The services must make available access to community
1456	services and resources for families to help achieve economic
1457	self-sufficiency.
1458	(5)  The services must allow persons with an early
1459	childhood teaching certificate to provide support and
1460	supervision to other staff.
1461	(6)  The services must provide for coordinated staff
1462	development and teaching opportunities.
1463	(7)  The services must meet all state licensing guidelines,
1464	where applicable.
1465	Section 41.  Section 1014.44, Florida Statutes, is created
1466	to read:
1467	1014.44  Early childhood education eligibility and priority
1468	for participation.--
1469	(1)  Each early learning council shall give priority for
1470	participation in publicly-funded early childhood education
1471	programs, as follows:
1472	(a)  Priority shall be given first to a child from a family
1473	in which there is an adult receiving temporary cash assistance
1474	who is subject to federal work requirements.
1475	(b)  Priority shall be given next to a child from birth to
1476	kindergarten eligibility who is served by the Family Safety
1477	Program Office of the Department of Children and Family Services
1478	or a community-based lead agency under chapter 39 and for whom
1479	early childhood education is needed to minimize the risk of
1480	further abuse, neglect, or abandonment.
1481	(c)  Subsequent priority shall be given to a child younger
1482	than kindergarten eligibility who meets one or more of the
1483	following criteria:
1484	1.  A child who is not included for priority in paragraph
1485	(b), but who is determined to be at risk of abuse, neglect, or
1486	exploitation and who is currently a client of the Family Safety
1487	Program Office of the Department of Children and Family
1488	Services.
1489	2.  A child at risk of welfare dependency, including an
1490	economically disadvantaged child, a child of a participant in
1491	the welfare transition program, a child of a migrant farm
1492	worker, or a child of a teen parent.
1493	3.  A child of a working family that is economically
1494	disadvantaged.
1495	4.  A child for whom financial assistance is provided
1496	through the Relative Caregiver Program under s. 39.5085.
1497	5.  A 3-year-old child or 4-year-old child who may not be
1498	economically disadvantaged, but who has been determined eligible
1499	as a child with a disability in accordance with the rules of the
1500	State Board of Education and is participating in a program for
1501	children with disabilities of the local school district.
1502	6.  An economically disadvantaged child, a child with a
1503	disability, or a child at risk of future school failure, from
1504	birth to 4 years of age, who is served at home through a home
1505	visitor program and an intensive parent education program,
1506	including, but not limited to, the Florida First Start Program.
1507	7.  A child who meets federal and state requirements for
1508	eligibility for the migrant preschool program, but who does not
1509	meet the criteria of economically disadvantaged.
1510	(2)  An early learning council may use early learning funds
1511	allocated to the council to provide early childhood education
1512	for any child who is eligible for services under the federal law
1513	or regulations governing those federal funds, including, but not
1514	limited to, the Child Care and Development Block Grant, the
1515	Temporary Assistance for Needy Families Block Grant, or the
1516	Social Services Block Grant, if approved by the Department of
1517	Education as part of the council's early learning plan.
1518	(3)  A child who meets the eligibility requirements upon
1519	initial registration in an early learning program shall be
1520	considered eligible for one year, regardless of a change in his
1521	or her family's economic status, but subject to additional
1522	family contributions in accordance with the council's sliding
1523	fee scale.
1524	Section 42.  Section 1014.45, Florida Statutes, is created
1525	to read:
1526	1014.45  Early childhood education program description.--
1527	(1)  Each council shall provide a comprehensive program of
1528	early childhood education that enhances the cognitive, social,
1529	and physical development of children to achieve the performance
1530	standards and outcome measures adopted by the State Board of
1531	Education pursuant to s.1014.07.
1532	(2)  Each early learning council shall ensure that the
1533	early childhood education provided under its plan, include at a
1534	minimum, the following elements:
1535	(a)  Developmentally and age appropriate curriculum that,
1536	at a minimum, prepares a child for school in each of the
1537	following components:
1538	1.  Physical development.
1539	2.  Oral language ability including vocabulary development.
1540	3.  Phonemic awareness.
1541	4.  Knowledge of and interest in books and other printed
1542	materials.
1543	5.  Ability to cope with challenges.
1544	6.  Ability to perform tasks.
1545	7.  Problem-solving skills.
1546	8.  Following verbal directions.
1547	9.  Demonstration of curiosity, persistence, and
1548	exploratory behavior.
1549	10.  Interactions with peers and adults.
1550	11.  Compliance with rules, limitations, and routines.
1551	(b)  A character development program to develop basic
1552	values.
1553	(c)  A valid and reliable age-appropriate screening of each
1554	child's development when they enter the program.
1555	(d)  A valid and reliable measurement of each child's

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