| 1 | The Committee on Education K-20 recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to early learning; providing for |
| 7 | establishment of the Voluntary Prekindergarten Education |
| 8 | Program (VPK Program); providing for scholarship options; |
| 9 | providing for the use of web-based or book-based |
| 10 | curriculum in lieu of a scholarship; providing eligibility |
| 11 | requirements for prekindergarten schools to participate in |
| 12 | the VPK Program; providing accountability requirements; |
| 13 | providing for administration by the Agency for Workforce |
| 14 | Innovation; authorizing the agency to adopt rules; |
| 15 | providing for the continued administration of the School |
| 16 | Readiness Program by the Florida Partnership for School |
| 17 | Readiness under certain conditions; providing findings |
| 18 | regarding the School Readiness Program; providing |
| 19 | requirements of the partnership and revising its |
| 20 | membership; requiring selection of an Early Learning |
| 21 | Advisory Council and appointment of a statewide early |
| 22 | learning coordinator; providing for administration of the |
| 23 | TEACH scholarship program and any necessary statewide |
| 24 | resource and referral functions by the Agency for |
| 25 | Workforce Innovation; requiring the State Board of |
| 26 | Education to identify appropriate education curricula for |
| 27 | children in the VPK Program and the School Readiness |
| 28 | Program; requiring revision of the uniform school |
| 29 | readiness screening system; requiring a prekindergarten |
| 30 | school teacher preparation program and continuing |
| 31 | education program; providing an effective date. |
| 32 |
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| 33 | WHEREAS, the "School Readiness Act," enacted by the |
| 34 | Legislature in 1999, consolidated the early childhood |
| 35 | development and education programs formerly administered by the |
| 36 | Department of Education and the Department of Children and |
| 37 | Family Services for at-risk and economically disadvantaged |
| 38 | children from birth to kindergarten in order to create a more |
| 39 | cohesive, efficient, and integrated school readiness system and |
| 40 | increase these children's chances of achieving future |
| 41 | educational success, and |
| 42 | WHEREAS, Amendment 8 to the State Constitution, approved by |
| 43 | the electors in the 2002 general election, requires the |
| 44 | Legislature to create a voluntary, high-quality, universal |
| 45 | prekindergarten education program for every 4-year-old child in |
| 46 | the state, which must be fully implemented no later than the |
| 47 | beginning of the 2005 school year and funded through "funds |
| 48 | generated in addition to those used for existing education, |
| 49 | health, and development programs . . . as of January 1, 2002," |
| 50 | and |
| 51 | WHEREAS, in anticipation of implementation of Amendment 8, |
| 52 | the 2003 Legislature enacted chapter 2003-93, Laws of Florida, |
| 53 | which required the Auditor General and the Office of Program |
| 54 | Policy Analysis and Government Accountability (OPPAGA) to |
| 55 | conduct program and financial audits of the 1999 School |
| 56 | Readiness Program, to make recommendations to the 2004 |
| 57 | Legislature regarding the progress of that program, and to |
| 58 | evaluate the ability of the school readiness system to |
| 59 | effectively implement the new voluntary, universal |
| 60 | prekindergarten education program for all 4-year-old children, |
| 61 | and which also required the State Board of Education to make |
| 62 | recommendations regarding the appropriate curriculum, design, |
| 63 | and standards for the new voluntary program for all 4-year-old |
| 64 | children, and |
| 65 | WHEREAS, the State Board of Education recommended in |
| 66 | January 2004 that the state board adopt curriculum standards |
| 67 | based on a scientifically research-based early reading |
| 68 | foundation program to be offered by providers using child |
| 69 | development associate teachers for a period of 4 hours per day, |
| 70 | 180 days per year, and |
| 71 | WHEREAS, the Auditor General and OPPAGA issued reports |
| 72 | containing their findings and recommendations in January 2004, |
| 73 | which, in summary, concluded that the School Readiness Program's |
| 74 | potential is beginning to be realized and progress has been |
| 75 | made, but identified needed improvements at both the state and |
| 76 | local levels and found that, if these needed improvements are |
| 77 | made, the "School Readiness Program could provide an effective |
| 78 | structure for implementing the Universal Pre-K Program |
| 79 | recommended by the State Board of Education," NOW, THEREFORE, |
| 80 |
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| 81 | Be It Enacted by the Legislature of the State of Florida: |
| 82 |
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| 83 | Section 1. Voluntary Prekindergarten Education Program.-- |
| 84 | The Voluntary Prekindergarten Education Program (VPK Program) is |
| 85 | established beginning with the 2005-2006 school year and shall |
| 86 | be available to all children who will have attained the age of 4 |
| 87 | years on or before September 1 of the school year. Participation |
| 88 | in the VPK Program shall be voluntary on the part of both |
| 89 | parents and prekindergarten schools. |
| 90 | (1)(a) The parent of an age-eligible child may request and |
| 91 | receive from the state: |
| 92 | 1. A scholarship for the child to attend any eligible VPK |
| 93 | Program public, private, or faith-based prekindergarten school |
| 94 | of the parent's choice for a school year of 540 hours. The |
| 95 | parent shall be responsible for the child's transportation and |
| 96 | for additional hours or services desired for the child unless |
| 97 | the child is eligible for subsidized services under the School |
| 98 | Readiness Program; or |
| 99 | 2. A scholarship for the child to attend an intensive |
| 100 | full-day 310-hour prekindergarten summer school offered by an |
| 101 | eligible VPK Program public, private, or faith-based school of |
| 102 | the parent's choice. The parent shall be responsible for the |
| 103 | child's transportation and for additional hours or services |
| 104 | desired for the child unless the child is eligible for |
| 105 | subsidized services under the School Readiness Program. |
| 106 |
|
| 107 | If the parent requests a scholarship for the child for the |
| 108 | option under subparagraph 1. or the option under subparagraph |
| 109 | 2., the scholarship shall be issued by individual warrant in the |
| 110 | name of the parent to the eligible VPK Program prekindergarten |
| 111 | school of the parent's choice upon verification of the child's |
| 112 | enrollment in and attendance at the school, and the parent shall |
| 113 | personally by signature restrictively endorse the warrant to the |
| 114 | school for deposit in the school's account. The scholarship |
| 115 | shall be in an amount set by the 2005 Legislature, annually |
| 116 | adjusted for inflation in accordance with the Consumer Price |
| 117 | Index. The parent is free to choose any eligible VPK Program |
| 118 | prekindergarten school for the child and, if the parent chooses |
| 119 | a school that costs more than the amount set by the Legislature, |
| 120 | the parent may supplement the state-provided scholarship amount. |
| 121 | (b) Recognizing that research shows the parent is the |
| 122 | child's best first teacher, any parent of an age-eligible child |
| 123 | may request and receive from the state in lieu of a scholarship |
| 124 | the parent's choice of a web-based or book-based curriculum for |
| 125 | 4-year-old children that is literacy based and numeracy based |
| 126 | and emphasizes phonics, phonemic awareness, and vocabulary for |
| 127 | the parent to teach the child. |
| 128 | (2)(a) To be an eligible prekindergarten school in the VPK |
| 129 | Program, the school must be a Florida public, private, or faith- |
| 130 | based school that offers a literacy-based and numeracy-based |
| 131 | foundation curriculum which emphasizes phonics, phonemic |
| 132 | awareness, and vocabulary and is appropriate to prepare 4-year- |
| 133 | old children for success upon entry into public school. A public |
| 134 | school graded D or F shall not be eligible to participate in the |
| 135 | VPK Program unless no other VPK Program prekindergarten school |
| 136 | is located in the geographic area, in which case the public |
| 137 | school graded D or F shall contract with a public school graded |
| 138 | A or B or a private or faith-based VPK Program prekindergarten |
| 139 | school to provide the prekindergarten program in the public |
| 140 | school graded D or F. |
| 141 | (b) The prekindergarten school shall maintain an accurate |
| 142 | school profile containing pertinent information regarding the |
| 143 | school, its curriculum, the qualifications of its teachers and |
| 144 | staff, and the overall performance of its students as measured |
| 145 | by the uniform school readiness screening defined in section |
| 146 | 3(2) of this act and other objective measures and keep this |
| 147 | profile readily available and easy to access and understand by |
| 148 | parents of children attending the school and parents interested |
| 149 | in the school for their child. |
| 150 | (c) As a condition of ongoing participation by a |
| 151 | prekindergarten school in the VPK Program, the performance of |
| 152 | the students taught by the prekindergarten school over each 2- |
| 153 | year period must be equal to or greater than the average |
| 154 | performance of all students assessed during that 2-year period |
| 155 | as ready for kindergarten when administered the school readiness |
| 156 | uniform screening defined in section 3(2) of this act upon entry |
| 157 | into public school for the first time. |
| 158 | (d) The prekindergarten school shall comply with the |
| 159 | antidiscrimination provisions of 42 U.S.C. s. 2000d. |
| 160 | (e) The prekindergarten school shall be accountable for |
| 161 | providing each of its students with a teacher qualified to |
| 162 | instill in the student the literacy, numeracy, phonics, phonemic |
| 163 | awareness, and vocabulary foundation necessary for the student |
| 164 | to be measured as ready for school when the student is |
| 165 | administered the uniform school readiness screening defined in |
| 166 | section 3(2) of this act upon entry into public school. |
| 167 | (3) The VPK Program and the scholarships offered through |
| 168 | the program shall be administered by the Agency for Workforce |
| 169 | Innovation. In administering the VPK Program, the Agency for |
| 170 | Workforce Innovation shall be responsible for determining that |
| 171 | the child is age eligible and that the VPK Program |
| 172 | prekindergarten school chosen by the parent has demonstrated |
| 173 | fiscal soundness and is an eligible prekindergarten school. The |
| 174 | Agency for Workforce Innovation shall maintain a clearinghouse |
| 175 | of information that includes the VPK Program prekindergarten |
| 176 | school profiles required under paragraph (2)(b) to help parents |
| 177 | make informed choices about their child's school. |
| 178 | (4) The Agency for Workforce Innovation may adopt rules |
| 179 | pursuant to ss. 120.536(1) and 120.54, Florida Statutes, to |
| 180 | administer this section. However, the inclusion of eligible |
| 181 | private and faith-based options for the VPK Program available to |
| 182 | the state's 4-year-old children does not expand any regulatory |
| 183 | authority to impose any additional regulation of private and |
| 184 | faith-based prekindergarten schools beyond those reasonably |
| 185 | necessary to enforce requirements expressly set forth in this |
| 186 | section. |
| 187 | Section 2. School Readiness Program.--The existing School |
| 188 | Readiness Program shall continue to be administered by the |
| 189 | Florida Partnership for School Readiness if the partnership |
| 190 | meets the requirements of this section and section 3 to the |
| 191 | satisfaction of the 2005 Legislature. |
| 192 | (1) The Legislature recognizes the findings of the Auditor |
| 193 | General and the Office of Program Policy Analysis and Government |
| 194 | Accountability (OPPAGA) regarding the School Readiness Program |
| 195 | established by the Legislature in 1999, including: |
| 196 | (a) The School Readiness Program has made progress and is |
| 197 | beginning to transform what used to be a child care system into |
| 198 | a coordinated school readiness program, but substantial issues |
| 199 | remain and more progress is needed. |
| 200 | (b) The Florida Partnership for School Readiness has taken |
| 201 | steps to address key program issues and many local school |
| 202 | readiness coalitions are beginning to make meaningful progress |
| 203 | implementing key program elements. |
| 204 | (c) Improvement is needed in guidance of the program and |
| 205 | in the program's operational and financial management. |
| 206 | (d) A new funding formula for the program that is equity |
| 207 | based and performance based has been developed as required by |
| 208 | law but needs to be improved and implemented. |
| 209 | (e) Some rules for the program have been adopted but |
| 210 | additional rules are needed. |
| 211 | (f) The quality of some school readiness coalition plans |
| 212 | and the single statewide database must be addressed. |
| 213 | (g) The school readiness uniform screening system must be |
| 214 | implemented uniformly across the state and must provide a single |
| 215 | score that assesses a child's readiness for school. |
| 216 | (h) Some program providers are not being required to use |
| 217 | an appropriate curriculum. |
| 218 | (i) The partnership and school readiness coalitions have |
| 219 | exhibited weaknesses in financial management that have led to |
| 220 | inefficient use of resources. |
| 221 | (2) No later than March 1, 2005, the Florida Partnership |
| 222 | for School Readiness shall provide to the Legislature: |
| 223 | (a) Evidence that all state-level policy and fiscal |
| 224 | guidance issues identified by the Auditor General in AG Report |
| 225 | 2004-085 and by OPPAGA in OPPAGA Reports 03-75 and 04-06 have |
| 226 | been addressed and resolved. |
| 227 | (b) A plan for consolidating the current 50 local school |
| 228 | readiness coalitions into 28 school readiness coalitions. Until |
| 229 | the 2005 Legislature acts, no school readiness coalition may |
| 230 | become a provider of direct services, including eligibility |
| 231 | determination, resource and referral, training and technical |
| 232 | assistance, and provider payments, unless the decision to |
| 233 | provide such service was officially made by the coalition prior |
| 234 | to January 1, 2004. |
| 235 | (c) A commitment that the partnership's focus is on the |
| 236 | children and families served in the School Readiness Program. |
| 237 | (d) The selection of a 12-member Early Learning Advisory |
| 238 | Council to the Florida Partnership for School Readiness |
| 239 | comprised of a representative of: |
| 240 | 1. Parents. |
| 241 | 2. State university presidents. |
| 242 | 3. Community college presidents. |
| 243 | 4. Private postsecondary educational institution |
| 244 | presidents. |
| 245 | 5. District school superintendents. |
| 246 | 6. Florida Association of Academic Nonpublic Schools. |
| 247 | 7. School readiness coalition chairs. |
| 248 | 8. Prekindergarten schools specializing in children with |
| 249 | disabilities. |
| 250 | 9. Faith-based prekindergarten schools. |
| 251 | 10. Private prekindergarten schools. |
| 252 | 11. Family child care homes that provide prekindergarten |
| 253 | education. |
| 254 | 12. Chambers of commerce. |
| 255 |
|
| 256 | The advisory council shall elect its chair annually by majority |
| 257 | vote. |
| 258 | (e) Recommended statutory changes necessary to accomplish |
| 259 | the requirements of this section, utilizing as the framework the |
| 260 | statutory changes recommended in the 2003 Administration of the |
| 261 | School Readiness Programs Interim Project Report of the Senate |
| 262 | Committee on Commerce, Economic Opportunities, and Consumer |
| 263 | Services. |
| 264 | (3) Notwithstanding the provisions of s. 411.01, Florida |
| 265 | Statutes, effective July 1, 2005, the Florida Partnership for |
| 266 | School Readiness shall be a 6-member board, comprised of the |
| 267 | following members or their permanent designees, housed for |
| 268 | administrative purposes under the Agency for Workforce |
| 269 | Innovation, which shall also provide the needed staff for the |
| 270 | board: |
| 271 | (a) Chair of the Early Learning Advisory Council. |
| 272 | (b) Commissioner of Education. |
| 273 | (c) Director of the Agency for Workforce Innovation. |
| 274 | (d) Secretary of Children and Family Services. |
| 275 | (e) Secretary of Health. |
| 276 | (f) Director of the Florida Center for Reading Research at |
| 277 | Florida State University. |
| 278 |
|
| 279 | The board shall elect its chair annually by majority vote and |
| 280 | shall appoint a statewide early learning coordinator who shall |
| 281 | serve at the pleasure of the board and shall be responsible for |
| 282 | the state-level program administration, the coordination of |
| 283 | quality program delivery among the 28 school readiness |
| 284 | coalitions, and the collection and dissemination of reliable and |
| 285 | accurate data about the program. |
| 286 | (4) Notwithstanding s. 402.3017, Florida Statutes, the |
| 287 | Agency for Workforce Innovation shall administer the TEACH |
| 288 | scholarship program. |
| 289 | (5) Notwithstanding s. 402.27, Florida Statutes, the |
| 290 | Agency for Workforce Innovation shall administer any functions |
| 291 | of a statewide resource and referral network that the agency |
| 292 | determines necessary for efficient operation of the local school |
| 293 | readiness coalitions. |
| 294 | Section 3. Literacy-based and numeracy-based education |
| 295 | curricula for children birth to age 5; school readiness outcome |
| 296 | measures.-- |
| 297 | (1) No later than December 31, 2004, the State Board of |
| 298 | Education shall identify and provide to the Agency for Workforce |
| 299 | Innovation, for purposes of the VPK Program, and to the Florida |
| 300 | Partnership for School Readiness, for purposes of the School |
| 301 | Readiness Program, curricula that will provide an appropriate |
| 302 | education foundation for each age grouping of children from |
| 303 | birth to age 5 in each program. The curricula shall be literacy- |
| 304 | based and numeracy-based and shall emphasize phonics, phonemic |
| 305 | awareness, and vocabulary. The Agency for Workforce Innovation |
| 306 | shall make the curricula for 4-year-old children available to |
| 307 | all prekindergarten schools participating in the VPK Program, |
| 308 | and the Florida Partnership for School Readiness shall make the |
| 309 | curricula for children birth to age 5 available to all 28 school |
| 310 | readiness coalitions for incorporation into each coalition's |
| 311 | school readiness plan and for availability to all school |
| 312 | readiness program providers. |
| 313 | (2) Notwithstanding ss. 411.01(4)(o) and 1008.21, Florida |
| 314 | Statutes, no later than August 1, 2005, the State Board of |
| 315 | Education shall have in place in all public elementary schools |
| 316 | throughout the state a uniform school readiness screening system |
| 317 | that is focused on the measurement of the child's literacy and |
| 318 | numeracy foundation proficiency with an emphasis on phonics, |
| 319 | phonemic awareness, and vocabulary. Each prekindergarten school |
| 320 | participating in the VPK Program and each provider of a school |
| 321 | readiness program for 4-year-old children shall be accountable |
| 322 | in accordance with section 1(2)(c) of this act for the |
| 323 | performance of their students as measured by this uniform school |
| 324 | readiness screening system. |
| 325 | Section 4. Prekindergarten school teacher preparation |
| 326 | program and continuing education program.-- |
| 327 | (1) The Florida Center for Reading Research at Florida |
| 328 | State University shall design a web-based teacher preparation |
| 329 | program and continuing education program that will provide |
| 330 | teachers of 4-year-old children with the teaching skills |
| 331 | necessary to teach these children the literacy, numeracy, |
| 332 | phonics, phonemic awareness, and vocabulary foundation skills |
| 333 | they need to be measured as ready for school when they are |
| 334 | administered the uniform school readiness screening upon entry |
| 335 | into public school. |
| 336 | (2) The teacher education program and continuing education |
| 337 | program must be designed with sufficient flexibility to |
| 338 | accommodate the variety of curricula and teaching methodologies |
| 339 | that may be used by public, private, and faith-based |
| 340 | prekindergarten schools. |
| 341 | (3) The teacher preparation program and continuing |
| 342 | education program shall be provided to the Agency for Workforce |
| 343 | Innovation and the Florida Partnership for School Readiness by |
| 344 | May 1, 2005. By June 1, 2005, the Agency for Workforce |
| 345 | Innovation and the Florida Partnership for School Readiness |
| 346 | shall make the teacher preparation program and continuing |
| 347 | education program available to all VPK Program prekindergarten |
| 348 | schools and to all School Readiness Program providers. |
| 349 | (4) Each school readiness coalition shall actively |
| 350 | advertise and promote the teacher preparation program and |
| 351 | continuing education program throughout the coalition. |
| 352 | (5) All teachers of 4-year-old children in prekindergarten |
| 353 | schools participating in the VPK Program or the School Readiness |
| 354 | Program shall complete the teacher preparation program and |
| 355 | participate in the continuing education program. |
| 356 | Section 5. This act shall take effect upon becoming a law. |