HB 0821 2004
1	A bill to be entitled
2	An act relating to early childhood development and
3	education; providing for establishment of the Universal
4	Prekindergarten Education Program (UPK Program); providing
5	for scholarships and the amount thereof; providing for the
6	use of web-based or book-based curriculum in lieu of a
7	scholarship; providing eligibility requirements for
8	program providers; providing for administration by the
9	Agency for Workforce Innovation; authorizing the agency to
10	adopt rules; providing for the continued administration of
11	the School Readiness Program by the Florida Partnership
12	for School Readiness under certain conditions; providing
13	findings regarding the School Readiness Program; providing
14	requirements of the partnership and revising its
15	membership; requiring the State Board of Education to
16	develop standards for a developmentally appropriate
17	education curriculum for children in the UPK Program and
18	the School Readiness Program; providing an effective date.
19
20	WHEREAS, the "School Readiness Act," enacted by the
21	Legislature in 1999, consolidated the early childhood
22	development and education programs formerly administered by the
23	Department of Education and the Department of Children and
24	Family Services for at-risk and economically disadvantaged
25	children from birth to kindergarten in order to create a more
26	cohesive, efficient, and integrated school readiness system and
27	increase these children's chances of achieving future
28	educational success, and
29	WHEREAS, Amendment 8 to the State Constitution, approved by
30	the electors in the 2002 general election, requires the
31	Legislature to create a voluntary, high-quality, universal
32	prekindergarten education program for every 4-year-old child in
33	the state, which must be fully implemented no later than the
34	beginning of the 2005 school year and funded through "funds
35	generated in addition to those used for existing education,
36	health, and development programs. . .as of January 1, 2002," and
37	WHEREAS, in anticipation of implementation of Amendment 8,
38	the 2003 Legislature enacted chapter 2003-93, Laws of Florida,
39	which required the Auditor General and the Office of Program
40	Policy Analysis and Government Accountability (OPPAGA) to
41	conduct program and financial audits of the 1999 School
42	Readiness Program, to make recommendations to the 2004
43	Legislature regarding the progress of that program, and to
44	evaluate the ability of the school readiness system to
45	effectively implement the new voluntary, universal
46	prekindergarten education program for all 4-year-old children,
47	and which also required the State Board of Education to make
48	recommendations regarding the appropriate curriculum, design,
49	and standards for the new voluntary program for all 4-year-old
50	children, and
51	WHEREAS, the State Board of Education recommended in
52	January 2004 that the state board adopt curriculum standards
53	based on a scientifically research-based early reading
54	foundation program to be offered by accredited providers using
55	child development associate teachers for a period of 4 hours per
56	day, 180 days per year, and
57	WHEREAS, the Auditor General and OPPAGA issued reports
58	containing their findings and recommendations in January 2004,
59	which, in summary, conclude that the School Readiness Program's
60	potential is beginning to be realized and progress has been
61	made, but identify needed improvements at both the state and
62	local levels and find that, if these needed improvements are
63	made, the "School Readiness Program could provide an effective
64	structure for implementing the Universal Pre-K Program
65	recommended by the State Board of Education," NOW, THEREFORE,
66
67	Be It Enacted by the Legislature of the State of Florida:
68
69	Section 1. Voluntary Universal Prekindergarten Education
70	Program.--The Universal Prekindergarten Education Program (UPK
71	Program) is established beginning with the 2005-2006 school year
72	and shall be available on a voluntary basis to all children who
73	will have attained the age of 4 years on or before September 1
74	of the school year.
75	(1)(a) The parent of an age-eligible child may request and
76	receive from the state a scholarship for the child to attend any
77	eligible UPK public, private, or faith-based program of the
78	parent's choice. The scholarship amount shall be $2,500 in 2005
79	dollars, annually adjusted for inflation in accordance with the
80	Consumer Price Index, for a school year of 4 hours per day, 5
81	days per week, 180 days per year. The parent shall be
82	responsible for the child's transportation and for additional
83	hours or services desired for the child unless the child is
84	eligible for subsidized services under the School Readiness
85	Program.
86	(b) Recognizing that research shows the parent is the
87	child's best first teacher, any parent of an age-eligible child
88	may request and receive from the state in lieu of a scholarship
89	the parent's choice of a web-based or book-based curriculum for
90	the parent to teach the child.
91	(c) If the parent requests a scholarship for the child,
92	the scholarship shall be issued by individual warrant in the
93	name of the parent to the eligible UPK Program provider of the
94	parent's choice upon verification of the child's enrollment in
95	and attendance at the program, and the parent shall personally
96	by signature restrictively endorse the warrant to the provider
97	for deposit in the provider's account.
98	(2)(a) To be an eligible provider in the UPK Program, the
99	provider must be a public, private, or faith-based provider that
100	is accredited under Gold Seal, the Southern Association of
101	Colleges and Schools, or the Florida Association of Academic
102	Nonpublic Schools and that offers a scientifically research-
103	based reading and numbers foundation curriculum based on
104	standards developed or approved by the State Board of Education
105	as scientifically research based and appropriate to prepare 4-
106	year-old children to succeed in school.
107	(b) The curriculum shall be taught for 4 hours per day, 5
108	days per week, 180 days per year.
109	(c) The provider shall maintain an accurate school profile
110	containing pertinent information regarding the school, its
111	curriculum, its staff, and the overall performance of its
112	students and keep this profile readily available and easy to
113	access and understand by parents of children attending the
114	school and parents interested in the school for their child.
115	(d) As a condition of participation in the UPK Program,
116	the provider shall guarantee that 90 percent of the students
117	completing its program will be assessed as ready for
118	kindergarten when administered the school readiness uniform
119	screening upon entry into kindergarten or will be assessed as
120	having made a learning gain of at least 1 year toward school
121	readiness while in the program as demonstrated by other
122	objective measures.
123	(3) Scholarships for the UPK Program shall be administered
124	by the Agency for Workforce Innovation. In administering the UPK
125	Program, the Agency for Workforce Innovation shall be
126	responsible for determining that the child is age eligible and
127	that the UPK Program provider chosen by the parent is an
128	eligible provider. The Agency for Workforce Innovation shall
129	maintain a clearinghouse of information that includes the UPK
130	Program provider school profiles required under paragraph (2)(c)
131	to help parents make informed choices about their child's
132	program.
133	(4) The Agency for Workforce Innovation may adopt rules
134	pursuant to ss. 120.536(1) and 120.54, Florida Statutes, to
135	administer this section. However, the inclusion of eligible
136	private and faith-based options for the UPK Program available to
137	the state’s 4-year-old children does not expand any regulatory
138	authority to impose any additional regulation of private and
139	faith-based prekindergarten education programs beyond those
140	reasonably necessary to enforce requirements expressly set forth
141	in this section.
142	Section 2. School Readiness Program.--The existing School
143	Readiness Program shall continue to be administered by the
144	Florida Partnership for School Readiness if it meets the
145	requirements of this section and section 3 to the satisfaction
146	of the 2005 Legislature.
147	(1) The Legislature recognizes the findings of the Auditor
148	General and OPPAGA regarding the School Readiness Program
149	established by the Legislature in 1999, including:
150	(a) The School Readiness Program has made progress and is
151	beginning to transform what used to be a child care system into
152	a coordinated School Readiness Program, but substantial issues
153	remain and more progress is needed.
154	(b) The Florida Partnership for School Readiness has taken
155	steps to address key program issues and many local school
156	readiness coalitions are beginning to make meaningful progress
157	implementing key program elements.
158	(c) Improvement is needed in guidance of the program and
159	in the program's operational and financial management.
160	(d) A new funding formula for the program that is equity
161	based and performance based has been developed as required by
162	law but needs to be improved and implemented.
163	(e) Some rules for the program have been adopted but
164	additional rules are needed.
165	(f) The quality of some coalition plans and the single
166	statewide database must be addressed.
167	(g) The school readiness uniform screening system must be
168	implemented uniformly across the state and must provide a single
169	score that assesses a child's readiness for school.
170	(h) Some program providers are not being required to use a
171	developmentally appropriate curriculum.
172	(i) The partnership and school readiness coalitions have
173	exhibited weaknesses in financial management that have led to
174	inefficient use of resources.
175	(2) No later than March 1, 2005, the Florida Partnership
176	for School Readiness shall provide to the Legislature:
177	(a) Evidence that all state-level policy and fiscal
178	guidance issues identified by the Auditor General in AG Report
179	2004-085 and by OPPAGA in OPPAGA Report 03-75 have been
180	addressed and resolved.
181	(b) A plan for consolidating the current 50 local school
182	readiness coalitions into 28 school readiness coalitions
183	coinciding with the state's 28 community college districts.
184	(c) A commitment that the partnership’s focus is on the
185	children and families served in the School Readiness Program.
186	(d) The selection of an 11-member Early Learning Advisory
187	Council to the Florida Partnership for School Readiness
188	comprised of a representative of:
189	1. State university presidents.
190	2. Community college presidents.
191	3. Private university presidents.
192	4. Private postsecondary educational institution
193	presidents.
194	5. District school superintendents.
195	6. School readiness coalition chairs.
196	7. Regional workforce board chairs.
197	8. Faith-based child care providers.
198	9. Private for-profit child care providers.
199	10. The Child Care Executive Partnership Board.
200	11. Chambers of commerce.
201	(e) Recommended statutory changes necessary to accomplish
202	the requirements of this section.
203	(3) Notwithstanding the provisions of s. 411.01, Florida
204	Statutes, effective July 1, 2005, the Florida Partnership for
205	School Readiness shall be a nine-member board, comprised of the
206	following members or their permanent designees, housed for
207	administrative purposes under the Agency for Workforce
208	Innovation, which shall also provide the needed staff for the
209	board:
210	(a) Chair of the State Board of Education.
211	(b) Chair of the Board of Governors.
212	(c) Commissioner of Education.
213	(d) Director of the Agency for Workforce Innovation.
214	(e) Secretary of Children and Family Services.
215	(f) Secretary of Health.
216	(g) Chair of the Board of Directors of Workforce Florida,
217	Inc.
218	(h) Chancellor for K-12 Education.
219	(i) Director of the Florida Center for Reading Research at
220	Florida State University.
221	Section 3. Developmentally appropriate education
222	curriculum for children birth to age 5.--No later than December
223	31, 2004, the State Board of Education shall develop and provide
224	to the Agency for Workforce Innovation, for purposes of the UPK
225	Program, and to the Florida Partnership for School Readiness,
226	for purposes of the School Readiness Program, standards for a
227	developmentally appropriate education curriculum that will
228	provide an appropriate education foundation for each age
229	grouping of children in each program. The standards shall be
230	designed to provide continuity of learning from birth to
231	kindergarten as the foundation for the child's success in
232	school. The Agency for Workforce Innovation shall require the
233	curriculum standards as a condition of provider eligibility for
234	the UPK Program, and the Florida Partnership for School
235	Readiness shall require that the curriculum standards be
236	incorporated into each local coalition’s school readiness plan
237	and used by each provider.
238	Section 4. This act shall take effect upon becoming a law.