1 | A bill to be entitled |
2 | An act relating to early learning; creating part V of ch. |
3 | 1002, F.S.; creating the Voluntary Prekindergarten |
4 | Education Program; implementing s. 1(b) and (c), Art. IX |
5 | of the State Constitution; providing definitions for |
6 | purposes of the program; providing eligibility and |
7 | enrollment requirements; authorizing parents to enroll |
8 | their children in a school-year program delivered by a |
9 | private prekindergarten provider, a summer program |
10 | delivered by a public school or private prekindergarten |
11 | provider, or a school-year program delivered by a public |
12 | school; requiring school districts to admit all eligible |
13 | children in the summer program; prohibiting specified acts |
14 | of discrimination and certain limits on enrollment; |
15 | specifying eligibility requirements for private |
16 | prekindergarten providers and public schools that deliver |
17 | the program; requiring minimum hours for the program; |
18 | providing minimum requirements for prekindergarten |
19 | instructors; providing for the adoption of rules; |
20 | providing minimum and maximum class sizes; requiring |
21 | appropriate adult supervision for prekindergarten classes; |
22 | requiring the Department of Education to establish minimum |
23 | standards for a credential for prekindergarten directors |
24 | and for emergent literacy training courses for |
25 | prekindergarten instructors; requiring the credential and |
26 | course to provide training and resources containing |
27 | strategies that maximize the program's benefits for |
28 | students with disabilities and other special needs; |
29 | providing that the credential and course satisfy certain |
30 | credentialing and training requirements; providing limits |
31 | on when a provider or school may deliver the summer |
32 | prekindergarten program; specifying eligibility |
33 | requirements for school districts that deliver the school- |
34 | year prekindergarten program; providing legislative |
35 | intent; authorizing providers and schools to select or |
36 | design curricula used for the program; directing the |
37 | Department of Education to adopt performance standards and |
38 | approve curricula under specified conditions; requiring |
39 | providers and schools to be placed on probation and use |
40 | the approved curricula under certain circumstances; |
41 | requiring improvement plans and corrective actions from |
42 | providers and schools under certain circumstances; |
43 | providing for the removal of providers or schools that |
44 | remain on probation beyond specified time limits; |
45 | requiring early learning coalitions and school districts |
46 | to verify the compliance of private prekindergarten |
47 | providers and public schools; authorizing the removal of |
48 | providers and schools for noncompliance or misconduct; |
49 | requiring interagency coordination for monitoring |
50 | providers; requiring the Department of Education to adopt |
51 | a statewide kindergarten screening; requiring certain |
52 | students to take the statewide screening; specifying |
53 | requirements for screening instruments and kindergarten |
54 | readiness rates; directing the State Board of Education to |
55 | establish minimum rates; providing funding and reporting |
56 | requirements; specifying the calculation of per-student |
57 | allocations; authorizing students to withdraw, reenroll, |
58 | and receive additional per-student allocations under |
59 | specified conditions; providing for advance payments to |
60 | private prekindergarten providers and public schools based |
61 | upon student enrollment; providing for the documentation |
62 | and certification of student attendance; requiring parents |
63 | to verify student attendance and certify the choice of |
64 | provider or school; providing for the reconciliation of |
65 | advance payments based upon attendance; requiring students |
66 | to comply with attendance policies and authorizing the |
67 | dismissal of students for noncompliance; requiring the |
68 | Agency for Workforce Innovation to adopt a uniform |
69 | attendance policy for funding purposes; providing for |
70 | administrative funds to be used by early learning |
71 | coalitions; prohibiting certain fees or charges; limiting |
72 | the use of state funds; providing powers and duties of the |
73 | Department of Education and the Agency for Workforce |
74 | Innovation; requiring the department and the agency to |
75 | adopt procedures for the Voluntary Prekindergarten |
76 | Education Program; creating the Florida Early Learning |
77 | Advisory Council; providing for the appointment and |
78 | membership of the advisory council; providing membership |
79 | and meeting requirements; authorizing council members to |
80 | receive per diem and travel expenses; requiring the Agency |
81 | for Workforce Innovation to provide staff for the advisory |
82 | council; providing for the adoption of rules; amending s. |
83 | 411.01, F.S.; conforming provisions to the transfer of the |
84 | Florida Partnership for School Readiness to the Agency for |
85 | Workforce Innovation; deleting provisions for the |
86 | appointment and membership of the partnership; |
87 | redesignating school readiness coalitions as early |
88 | learning coalitions; deleting obsolete references to |
89 | repealed programs; deleting obsolete provisions governing |
90 | the phase in of school readiness programs; deleting |
91 | provisions governing the measurement of school readiness, |
92 | the school readiness uniform screening, and performance- |
93 | based budgeting in school readiness programs; specifying |
94 | requirements for school readiness performance standards; |
95 | clarifying rulemaking requirements; revising requirements |
96 | for school readiness programs; specifying that school |
97 | readiness programs must enhance the progress of children |
98 | in certain skills; requiring early learning coalitions to |
99 | obtain certain health information before enrolling a child |
100 | in the school readiness program; requiring the Agency for |
101 | Workforce Innovation to monitor and evaluate the |
102 | performance of early learning coalitions and to identify |
103 | best practices for the coalitions; requiring a reduction |
104 | in the number of coalitions in accordance with specified |
105 | standards; directing the Agency for Workforce Innovation |
106 | to adopt procedures for the merger of coalitions; |
107 | providing exceptions; authorizing the Agency for Workforce |
108 | Innovation to dissolve a coalition under specified |
109 | conditions; revising appointment and membership |
110 | requirements for the coalitions; specifying that certain |
111 | members are nonvoting; directing the Agency for Workforce |
112 | Innovation to adopt criteria for the appointment of |
113 | certain members; requiring each coalition to specify terms |
114 | of coalition members; requiring a quorum of coalition |
115 | members; prohibiting coalition members from voting under |
116 | certain circumstances; providing a definition for purposes |
117 | of the single point of entry; requiring early learning |
118 | coalitions to use a statewide information system; |
119 | requiring the Agency for Workforce Innovation to approve |
120 | payment rates and consider the access of eligible children |
121 | before approving proposals to increase rates; prioritizing |
122 | the use of school readiness funds under certain |
123 | circumstances; deleting requirements for the minimum |
124 | number of children served; providing requirements for |
125 | developmentally appropriate curriculum used for school |
126 | readiness programs; authorizing contracts for the |
127 | continuation of school readiness services under certain |
128 | circumstances; requiring the Agency for Workforce |
129 | Innovation to adopt criteria for the approval of school |
130 | readiness plans; revising requirements for school |
131 | readiness plans; providing requirements for the approval |
132 | and implementation of plan revisions; revising competitive |
133 | procurement requirements for early learning coalitions; |
134 | authorizing the coalitions to designate certified public |
135 | accountants as fiscal agents; clarifying age and income |
136 | eligibility requirements for school readiness programs; |
137 | revising eligibility requirements for certain at-risk |
138 | children; deleting a requirement for consultation on |
139 | performance standards and outcome measures; revising |
140 | funding requirements; revising requirements for the |
141 | adoption of a formula for the allocation of certain funds |
142 | among the early learning coalitions; specifying |
143 | allocations for fiscal year 2004-2005; deleting an |
144 | obsolete provision requiring a report; deleting the |
145 | expiration of eligibility requirements for certain |
146 | children from families receiving temporary cash |
147 | assistance; amending s. 11.45, F.S.; authorizing the |
148 | Auditor General to conduct audits of the school readiness |
149 | system; amending s. 20.50, F.S.; creating the Office of |
150 | Early Learning within the Agency for Workforce Innovation; |
151 | requiring the office to administer the school readiness |
152 | system and operational requirements of the Voluntary |
153 | Prekindergarten Education Program; amending s. 125.901, |
154 | F.S.; conforming provisions to changes made by the act; |
155 | amending ss. 216.133 and 216.136, F.S.; redesignating the |
156 | School Readiness Program Estimating Conference as the |
157 | Early Learning Programs Estimating Conference; requiring |
158 | the estimating conference to develop certain estimates and |
159 | forecasts for the Voluntary Prekindergarten Education |
160 | Program; directing the Agency for Workforce Innovation to |
161 | provide certain information to the estimating conference; |
162 | amending ss. 402.3016, 411.011, 411.226, 411.227, 1001.23, |
163 | 1002.22, and 1003.54, F.S.; conforming provisions to the |
164 | transfer of the Florida Partnership for School Readiness |
165 | to the Agency for Workforce Innovation and to the |
166 | redesignation of the school readiness coalitions as early |
167 | learning coalitions; authorizing the agency to adopt |
168 | rules; amending s. 1007.23, F.S.; requiring the |
169 | articulation of certain programs into credit toward a |
170 | postsecondary degree; abolishing the Florida Partnership |
171 | for School Readiness; transferring all powers, rules, |
172 | personnel, and property of the partnership to the Agency |
173 | for Workforce Innovation; repealing ss. 411.012 and |
174 | 1008.21, F.S., relating to the voluntary universal |
175 | prekindergarten education program and the school readiness |
176 | uniform screening; providing appropriations and |
177 | authorizing additional positions; requiring that the |
178 | Executive Office of the Governor provide prior notice to |
179 | the Legislative Budget Commission of allocations from the |
180 | lump-sum appropriations to appropriation categories; |
181 | providing an effective date. |
182 |
|
183 | Be It Enacted by the Legislature of the State of Florida: |
184 |
|
185 | Section 1. Part V of chapter 1002, Florida Statutes, |
186 | consisting of sections 1002.51, 1002.53, 1002.55, 1002.57, |
187 | 1002.59, 1002.61, 1002.63, 1002.65, 1002.67, 1002.69, 1002.71, |
188 | 1002.73, 1002.75, 1002.77, and 1002.79, Florida Statutes, is |
189 | created to read: |
190 | PART V |
191 | VOLUNTARY PREKINDERGARTEN EDUCATION PROGRAM |
192 | 1002.51 Definitions.--As used in this part, the term: |
193 | (1) "Department" means the Department of Education. |
194 | (2) "Early learning coalition" or "coalition" means an |
195 | early learning coalition created under s. 411.01. |
196 | (3) "Prekindergarten director" means an onsite person |
197 | ultimately responsible for the overall operation of a private |
198 | prekindergarten provider or, alternatively, of the provider's |
199 | prekindergarten program, regardless of whether the person is the |
200 | owner of the provider. |
201 | (4) "Prekindergarten instructor" means a teacher or child |
202 | care personnel as defined in s. 402.302 who provide instruction |
203 | to students in the Voluntary Prekindergarten Education Program. |
204 | (5) "Private prekindergarten provider" means a provider |
205 | other than a public school which is eligible to deliver the |
206 | school-year prekindergarten program under s. 1002.55 or the |
207 | summer prekindergarten program under s. 1002.61. |
208 | 1002.53 Voluntary Prekindergarten Education Program; |
209 | eligibility and enrollment.-- |
210 | (1) There is created the Voluntary Prekindergarten |
211 | Education Program. The program shall take effect in each county |
212 | at the beginning of the 2005-2006 school year and shall be |
213 | organized, designed, and delivered in accordance with s. 1(b) |
214 | and (c), Art. IX of the State Constitution. |
215 | (2) Each child who resides in this state who will have |
216 | attained the age of 4 years on or before September 1 of the |
217 | school year is eligible for the Voluntary Prekindergarten |
218 | Education Program during that school year. The child remains |
219 | eligible until the beginning of the school year for which the |
220 | child is eligible for admission to kindergarten in a public |
221 | school under s. 1003.21(1)(a)2. or until the child is admitted |
222 | to kindergarten, whichever occurs first. |
223 | (3) The parent of each child eligible under subsection (2) |
224 | may enroll the child in one of the following programs: |
225 | (a) A school-year prekindergarten program delivered by a |
226 | private prekindergarten provider under s. 1002.55; |
227 | (b) A summer prekindergarten program delivered by a public |
228 | school or private prekindergarten provider under s. 1002.61; or |
229 | (c) A school-year prekindergarten program delivered by a |
230 | public school, if offered by a school district that is eligible |
231 | under s. 1002.63. |
232 |
|
233 | Except as provided in s. 1002.71(4), a child may not enroll in |
234 | more than one of these programs. |
235 | (4)(a) Each parent enrolling a child in the Voluntary |
236 | Prekindergarten Education Program must complete and submit an |
237 | application to the early learning coalition through the single |
238 | point of entry established under s. 411.01. |
239 | (b) The application must be submitted on forms prescribed |
240 | by the Agency for Workforce Innovation and must be accompanied |
241 | by a certified copy of the child's birth certificate. The forms |
242 | must include a certification, in substantially the form provided |
243 | in s. 1002.71(6)(b)2., that the parent chooses the private |
244 | prekindergarten provider or public school in accordance with |
245 | this section and directs that payments for the program be made |
246 | to the provider or school. The Agency for Workforce Innovation |
247 | may authorize alternative methods for submitting proof of the |
248 | child's age in lieu of a certified copy of the child's birth |
249 | certificate. |
250 | (c) Each early learning coalition shall coordinate with |
251 | each of the school districts within the coalition's county or |
252 | multicounty region in the development of procedures for |
253 | enrolling children in prekindergarten programs delivered by |
254 | public schools. |
255 | (5) The early learning coalition shall provide each parent |
256 | enrolling a child in the Voluntary Prekindergarten Education |
257 | Program with a profile of every private prekindergarten provider |
258 | and public school delivering the program within the coalition's |
259 | county or multicounty region. The profiles shall be provided to |
260 | parents in a format prescribed by the Agency for Workforce |
261 | Innovation. The profiles must include, at a minimum, the |
262 | following information about each provider and school: |
263 | (a) The provider's or school's services, curriculum, |
264 | instructor credentials, and instructor-to-student ratio; and |
265 | (b) The provider's or school's kindergarten readiness rate |
266 | calculated in accordance with s. 1002.69, based upon the most |
267 | recent available results of the statewide kindergarten |
268 | screening. |
269 | (6)(a) A parent may enroll his or her child with any |
270 | private prekindergarten provider that is eligible to deliver the |
271 | Voluntary Prekindergarten Education Program under this part; |
272 | however, the provider may determine whether to admit any child. |
273 | An early learning coalition may not limit the number of students |
274 | admitted by any private prekindergarten provider for enrollment |
275 | in the program. However, this paragraph does not authorize an |
276 | early learning coalition to allow a provider to exceed any |
277 | staff-to-children ratio, square footage per child, or other |
278 | requirement imposed under ss. 402.301-402.319 as a result of |
279 | admissions in the prekindergarten program. |
280 | (b) A parent may enroll his or her child with any public |
281 | school within the school district which is eligible to deliver |
282 | the Voluntary Prekindergarten Education Program under this part, |
283 | subject to available space. Each school district may limit the |
284 | number of students admitted by any public school for enrollment |
285 | in the program; however, the school district must provide for |
286 | the admission of every eligible child within the district whose |
287 | parent enrolls the child in a summer prekindergarten program |
288 | delivered by a public school under s. 1002.61. |
289 | (c) Each private prekindergarten provider and public |
290 | school must comply with the antidiscrimination requirements of |
291 | 42 U.S.C. s. 2000d, regardless of whether the provider or school |
292 | receives federal financial assistance. A private prekindergarten |
293 | provider or public school may not discriminate against a parent |
294 | or child, including the refusal to admit a child for enrollment |
295 | in the Voluntary Prekindergarten Education Program, in violation |
296 | of these antidiscrimination requirements. |
297 | 1002.55 School-year prekindergarten program delivered by |
298 | private prekindergarten providers.-- |
299 | (1) Each early learning coalition shall administer the |
300 | Voluntary Prekindergarten Education Program at the county or |
301 | regional level for students enrolled under s. 1002.53(3)(a) in a |
302 | school-year prekindergarten program delivered by a private |
303 | prekindergarten provider. |
304 | (2) Each school-year prekindergarten program delivered by |
305 | a private prekindergarten provider must comprise at least 540 |
306 | instructional hours. |
307 | (3) To be eligible to deliver the prekindergarten program, |
308 | a private prekindergarten provider must meet each of the |
309 | following requirements: |
310 | (a) The private prekindergarten provider must be a child |
311 | care facility licensed under s. 402.305, family day care home |
312 | licensed under s. 402.313, large family child care home licensed |
313 | under s. 402.3131, nonpublic school exempt from licensure under |
314 | s. 402.3025(2), or faith-based child care provider exempt from |
315 | licensure under s. 402.316. |
316 | (b) The private prekindergarten provider must: |
317 | 1. Be accredited by an accrediting association that is a |
318 | member of the National Council for Private School Accreditation, |
319 | the Commission on International and Trans-Regional |
320 | Accreditation, or the Florida Association of Academic Nonpublic |
321 | Schools; |
322 | 2. Hold a current Gold Seal Quality Care designation under |
323 | s. 402.281; or |
324 | 3. Be licensed under s. 402.305, s. 402.313, or s. |
325 | 402.3131 and demonstrate, before delivering the Voluntary |
326 | Prekindergarten Education Program, as verified by the early |
327 | learning coalition, that the provider meets each of the |
328 | requirements of the program under this part, including, but not |
329 | limited to, the requirements for credentials and background |
330 | screenings of prekindergarten instructors under paragraphs (c) |
331 | and (d), minimum and maximum class sizes under paragraph (e), |
332 | prekindergarten director credentials under paragraph (f), and a |
333 | developmentally appropriate curriculum under s. 1002.67(2)(b). |
334 | (c) The private prekindergarten provider must have, for |
335 | each prekindergarten class, at least one prekindergarten |
336 | instructor who meets each of the following requirements: |
337 | 1. The prekindergarten instructor must hold, at a minimum, |
338 | one of the following credentials: |
339 | a. A child development associate credential issued by the |
340 | National Credentialing Program of the Council for Professional |
341 | Recognition; or |
342 | b. A credential approved by the Department of Children and |
343 | Family Services as being equivalent to or greater than the |
344 | credential described in sub-subparagraph a. |
345 |
|
346 | The Department of Children and Family Services may adopt rules |
347 | under ss. 120.536(1) and 120.54 which provide criteria and |
348 | procedures for approving equivalent credentials under sub- |
349 | subparagraph b. |
350 | 2. The prekindergarten instructor must successfully |
351 | complete an emergent literacy training course approved by the |
352 | department as meeting or exceeding the minimum standards adopted |
353 | under s. 1002.59. This subparagraph does not apply to a |
354 | prekindergarten instructor who successfully completes approved |
355 | training in early literacy and language development under s. |
356 | 402.305(2)(d)5., s. 402.313(6), or s. 402.3131(5) before the |
357 | establishment of one or more emergent literacy training courses |
358 | under s. 1002.59 or April 1, 2005, whichever occurs later. |
359 | (d) Each prekindergarten instructor employed by the |
360 | private prekindergarten provider must be of good moral |
361 | character, must be screened using the level 2 screening |
362 | standards in s. 435.04 before employment and rescreened at least |
363 | once every 5 years, must be denied employment or terminated if |
364 | required under s. 435.06, and must not be ineligible to teach in |
365 | a public school because his or her educator certificate is |
366 | suspended or revoked. |
367 | (e) Each of the private prekindergarten provider's |
368 | prekindergarten classes must be composed of at least 4 students |
369 | but may not exceed 18 students. In order to protect the health |
370 | and safety of students, each private prekindergarten provider |
371 | must also provide appropriate adult supervision for students at |
372 | all times. This paragraph does not supersede any requirement |
373 | imposed on a provider under ss. 402.301-402.319. |
374 | (f) Before the beginning of the 2006-2007 school year, the |
375 | private prekindergarten provider must have a prekindergarten |
376 | director who has a prekindergarten director credential that is |
377 | approved by the department as meeting or exceeding the minimum |
378 | standards adopted under s. 1002.57. Successful completion of a |
379 | child care facility director credential under s. 402.305(2)(f) |
380 | before the establishment of the prekindergarten director |
381 | credential under s. 1002.57 or July 1, 2006, whichever occurs |
382 | later, satisfies the requirement for a prekindergarten director |
383 | credential under this paragraph. |
384 | (g) The private prekindergarten provider must register |
385 | with the early learning coalition on forms prescribed by the |
386 | Agency for Workforce Innovation. |
387 | (h) The private prekindergarten provider must deliver the |
388 | Voluntary Prekindergarten Education Program in accordance with |
389 | this part. |
390 | (4) A prekindergarten instructor, in lieu of the minimum |
391 | credentials and courses required under paragraph (3)(c), may |
392 | hold one of the following educational credentials: |
393 | (a) A bachelor's or higher degree in early childhood |
394 | education, prekindergarten or primary education, preschool |
395 | education, or family and consumer science; |
396 | (b) A bachelor's or higher degree in elementary education, |
397 | if the prekindergarten instructor has been certified to teach |
398 | children any age from birth through 6th grade, regardless of |
399 | whether the instructor's educator certificate is current, and if |
400 | the instructor is not ineligible to teach in a public school |
401 | because his or her educator certificate is suspended or revoked; |
402 | (c) An associate's or higher degree in child development; |
403 | (d) An associate's or higher degree in an unrelated field, |
404 | at least 6 credit hours in early childhood education or child |
405 | development, and at least 480 hours of experience in teaching or |
406 | providing child care services for children any age from birth |
407 | through 8 years of age; or |
408 | (e) An educational credential approved by the department |
409 | as being equivalent to or greater than an educational credential |
410 | described in this subsection. The department may adopt criteria |
411 | and procedures for approving equivalent educational credentials |
412 | under this paragraph. |
413 | 1002.57 Prekindergarten director credential.-- |
414 | (1) By July 1, 2006, the department shall adopt minimum |
415 | standards for a credential for prekindergarten directors of |
416 | private prekindergarten providers delivering the Voluntary |
417 | Prekindergarten Education Program. The credential must encompass |
418 | requirements for education and onsite experience. |
419 | (2) The educational requirements must include training in |
420 | the following: |
421 | (a) Professionally accepted standards for prekindergarten |
422 | programs, early learning, and strategies and techniques to |
423 | address the age-appropriate progress of prekindergarten students |
424 | in attaining the performance standards adopted by the department |
425 | under s. 1002.67; |
426 | (b) Strategies that allow students with disabilities and |
427 | other special needs to derive maximum benefit from the Voluntary |
428 | Prekindergarten Education Program; and |
429 | (c) Program administration and operations, including |
430 | management, organizational leadership, and financial and legal |
431 | issues. |
432 | (3) The prekindergarten director credential must meet or |
433 | exceed the requirements of the Department of Children and Family |
434 | Services for the child care facility director credential under |
435 | s. 402.305(2)(f), and successful completion of the |
436 | prekindergarten director credential satisfies these requirements |
437 | for the child care facility director credential. |
438 | (4) The department shall, to the maximum extent |
439 | practicable, award credit to a person who successfully completes |
440 | the child care facility director credential under s. |
441 | 402.305(2)(f) for those requirements of the prekindergarten |
442 | director credential which are duplicative of requirements for |
443 | the child care facility director credential. |
444 | 1002.59 Emergent literacy training courses.--By April 1, |
445 | 2005, the department shall adopt minimum standards for one or |
446 | more training courses in emergent literacy for prekindergarten |
447 | instructors. Each course must comprise 5 clock hours and provide |
448 | instruction in strategies and techniques to address the age- |
449 | appropriate progress of prekindergarten students in developing |
450 | emergent literacy skills, including oral communication, |
451 | knowledge of print and letters, phonemic and phonological |
452 | awareness, and vocabulary and comprehension development. Each |
453 | course must also provide resources containing strategies that |
454 | allow students with disabilities and other special needs to |
455 | derive maximum benefit from the Voluntary Prekindergarten |
456 | Education Program. Successful completion of an emergent literacy |
457 | training course approved under this section satisfies |
458 | requirements for approved training in early literacy and |
459 | language development under ss. 402.305(2)(d)5., 402.313(6), and |
460 | 402.3131(5). |
461 | 1002.61 Summer prekindergarten program delivered by public |
462 | schools and private prekindergarten providers.-- |
463 | (1)(a) Each school district shall administer the Voluntary |
464 | Prekindergarten Education Program at the district level for |
465 | students enrolled under s. 1002.53(3)(b) in a summer |
466 | prekindergarten program delivered by a public school. |
467 | (b) Each early learning coalition shall administer the |
468 | Voluntary Prekindergarten Education Program at the county or |
469 | regional level for students enrolled under s. 1002.53(3)(b) in a |
470 | summer prekindergarten program delivered by a private |
471 | prekindergarten provider. |
472 | (2) Each summer prekindergarten program delivered by a |
473 | public school or private prekindergarten provider must: |
474 | (a) Comprise at least 300 instructional hours; |
475 | (b) Not begin earlier than May 1 of the school year; and |
476 | (c) Not deliver the program for a child earlier than the |
477 | summer immediately before the school year for which the child is |
478 | eligible for admission to kindergarten in a public school under |
479 | s. 1003.21(1)(a)2. |
480 | (3)(a) Each district school board shall determine which |
481 | public schools in the school district are eligible to deliver |
482 | the summer prekindergarten program. The school district shall |
483 | use educational facilities available in the public schools |
484 | during the summer term for the summer prekindergarten program. |
485 | (b) Except as provided in this section, to be eligible to |
486 | deliver the summer prekindergarten program, a private |
487 | prekindergarten provider must meet each requirement in s. |
488 | 1002.55. |
489 | (4) Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(5), |
490 | each public school and private prekindergarten provider must |
491 | have, for each prekindergarten class, at least one |
492 | prekindergarten instructor who: |
493 | (a) Is a certified teacher; or |
494 | (b) Holds one of the educational credentials specified in |
495 | s. 1002.55(4)(a) or (b). |
496 |
|
497 | As used in this subsection, the term "certified teacher" means a |
498 | teacher holding a valid Florida educator certificate under s. |
499 | 1012.56 who has the qualifications required by the district |
500 | school board to instruct students in the summer prekindergarten |
501 | program. In selecting instructional staff for the summer |
502 | prekindergarten program, each school district shall give |
503 | priority to teachers who have experience or coursework in early |
504 | childhood education. |
505 | (5) Each prekindergarten instructor employed by a public |
506 | school or private prekindergarten provider delivering the summer |
507 | prekindergarten program must be of good moral character, must be |
508 | screened using the level 2 screening standards in s. 435.04 |
509 | before employment and rescreened at least once every 5 years, |
510 | must be denied employment or terminated if required under s. |
511 | 435.06, and must not be ineligible to teach in a public school |
512 | because his or her educator certificate is suspended or revoked. |
513 | This subsection does not supersede employment requirements for |
514 | instructional personnel in public schools which are more |
515 | stringent than the requirements of this subsection. |
516 | (6) Notwithstanding ss. 1002.55(3)(e) and 1002.63(7), each |
517 | prekindergarten class in the summer prekindergarten program, |
518 | regardless of whether the class is a public school's or private |
519 | prekindergarten provider's class, must be composed of at least 4 |
520 | students but may not exceed 10 students. In order to protect the |
521 | health and safety of students, each public school or private |
522 | prekindergarten provider must also provide appropriate adult |
523 | supervision for students at all times. This subsection does not |
524 | supersede any requirement imposed on a provider under ss. |
525 | 402.301-402.319. |
526 | (7) Each public school delivering the summer |
527 | prekindergarten program must also: |
528 | (a) Register with the early learning coalition on forms |
529 | prescribed by the Agency for Workforce Innovation; and |
530 | (b) Deliver the Voluntary Prekindergarten Education |
531 | Program in accordance with this part. |
532 | 1002.63 School-year prekindergarten program delivered by |
533 | public schools.-- |
534 | (1) Each school district eligible under subsection (4) may |
535 | administer the Voluntary Prekindergarten Education Program at |
536 | the district level for students enrolled under s. 1002.53(3)(c) |
537 | in a school-year prekindergarten program delivered by a public |
538 | school. |
539 | (2) Each school-year prekindergarten program delivered by |
540 | a public school must comprise at least 540 instructional hours. |
541 | (3) The district school board of each school district |
542 | eligible under subsection (4) shall determine which public |
543 | schools in the district are eligible to deliver the |
544 | prekindergarten program during the school year. |
545 | (4) To be eligible to deliver the prekindergarten program |
546 | during the school year, each school district must meet both of |
547 | the following requirements: |
548 | (a) The district school board must certify to the State |
549 | Board of Education that the school district: |
550 | 1. Has reduced the average class size in each classroom in |
551 | accordance with s. 1003.03 and the schedule in s. 1(a), Art. IX |
552 | of the State Constitution; and |
553 | 2. Has sufficient satisfactory educational facilities and |
554 | capital outlay funds to continue reducing the average class size |
555 | in each classroom in the district's elementary schools for each |
556 | year in accordance with the schedule for class-size reduction |
557 | and to achieve full compliance with the maximum class sizes in |
558 | s. 1(a), Art. IX of the State Constitution by the beginning of |
559 | the 2010-2011 school year. |
560 | (b) The Commissioner of Education must certify to the |
561 | State Board of Education that the department has reviewed the |
562 | school district's educational facilities, capital outlay funds, |
563 | and projected student enrollment and concurs with the district |
564 | school board's certification under paragraph (a). |
565 | (5) Each public school must have, for each prekindergarten |
566 | class, at least one prekindergarten instructor who meets each |
567 | requirement in s. 1002.55(3)(c) for a prekindergarten instructor |
568 | of a private prekindergarten provider. |
569 | (6) Each prekindergarten instructor employed by a public |
570 | school delivering the school-year prekindergarten program must |
571 | be of good moral character, must be screened using the level 2 |
572 | screening standards in s. 435.04 before employment and |
573 | rescreened at least once every 5 years, must be denied |
574 | employment or terminated if required under s. 435.06, and must |
575 | not be ineligible to teach in a public school because his or her |
576 | educator certificate is suspended or revoked. This subsection |
577 | does not supersede employment requirements for instructional |
578 | personnel in public schools which are more stringent than the |
579 | requirements of this subsection. |
580 | (7) Each prekindergarten class in a public school |
581 | delivering the school-year prekindergarten program must be |
582 | composed of at least 4 students but may not exceed 18 students. |
583 | In order to protect the health and safety of students, each |
584 | school must also provide appropriate adult supervision for |
585 | students at all times. |
586 | (8) Each public school delivering the school-year |
587 | prekindergarten program must: |
588 | (a) Register with the early learning coalition on forms |
589 | prescribed by the Agency for Workforce Innovation; and |
590 | (b) Deliver the Voluntary Prekindergarten Education |
591 | Program in accordance with this part. |
592 | 1002.65 Professional credentials of prekindergarten |
593 | instructors; aspirational goals; legislative intent.-- |
594 | (1) The Legislature recognizes that there is a strong |
595 | relationship between the skills and preparation of |
596 | prekindergarten instructors and the educational outcomes of |
597 | students in the Voluntary Prekindergarten Education Program. |
598 | (2) To improve these educational outcomes, the Legislature |
599 | intends that all prekindergarten instructors will continue to |
600 | improve their skills and preparation through education and |
601 | training, so that the following aspirational goals will be |
602 | achieved: |
603 | (a) By the 2010-2011 school year: |
604 | 1. Each prekindergarten class will have at least one |
605 | prekindergarten instructor who holds an associate's or higher |
606 | degree in the field of early childhood education or child |
607 | development; and |
608 | 2. For each prekindergarten class composed of 11 or more |
609 | students, in addition to a prekindergarten instructor who meets |
610 | the requirements of subparagraph 1., the class will have at |
611 | least one prekindergarten instructor who meets the requirements |
612 | of s. 1002.55(3)(c). |
613 | (b) By the 2013-2014 school year, each prekindergarten |
614 | class will have at least one prekindergarten instructor who |
615 | holds a bachelor's or higher degree in the field of early |
616 | childhood education or child development. |
617 | 1002.67 Performance standards; curricula and |
618 | accountability.-- |
619 | (1) By April 1, 2005, the department shall develop and |
620 | adopt performance standards for students in the Voluntary |
621 | Prekindergarten Education Program. The performance standards |
622 | must address the age-appropriate progress of students in the |
623 | development of: |
624 | (a) The capabilities, capacities, and skills required |
625 | under s. 1(b), Art. IX of the State Constitution; and |
626 | (b) Emergent literacy skills, including oral |
627 | communication, knowledge of print and letters, phonemic and |
628 | phonological awareness, and vocabulary and comprehension |
629 | development. |
630 | (2)(a) Each private prekindergarten provider and public |
631 | school may select or design the curriculum that the provider or |
632 | school uses to implement the Voluntary Prekindergarten Education |
633 | Program, except as otherwise required for a provider or school |
634 | that is placed on probation under paragraph (3)(c). |
635 | (b) Each private prekindergarten provider's and public |
636 | school's curriculum must be developmentally appropriate and |
637 | must: |
638 | 1. Be designed to prepare a student for early literacy; |
639 | 2. Enhance the age-appropriate progress of students in |
640 | attaining the performance standards adopted by the department |
641 | under subsection (1); and |
642 | 3. Prepare students to be ready for kindergarten based |
643 | upon the statewide kindergarten screening administered under s. |
644 | 1002.69. |
645 | (c) The department shall review and approve curricula for |
646 | use by private prekindergarten providers and public schools that |
647 | are placed on probation under paragraph (3)(c). The department |
648 | shall maintain a list of the curricula approved under this |
649 | paragraph. Each approved curriculum must meet the requirements |
650 | of paragraph (b). |
651 | (3)(a) Each early learning coalition shall verify that |
652 | each private prekindergarten provider delivering the Voluntary |
653 | Prekindergarten Education Program within the coalition's county |
654 | or multicounty region complies with this part. Each district |
655 | school board shall verify that each public school delivering the |
656 | program within the school district complies with this part. |
657 | (b) If a private prekindergarten provider or public school |
658 | fails or refuses to comply with this part, or if a provider or |
659 | school engages in misconduct, the Agency for Workforce |
660 | Innovation shall require the early learning coalition to remove |
661 | the provider, and the Department of Education shall require the |
662 | school district to remove the school, from eligibility to |
663 | deliver the Voluntary Prekindergarten Education Program and |
664 | receive state funds under this part. |
665 | (c)1. If the kindergarten readiness rate of a private |
666 | prekindergarten provider or public school falls below the |
667 | minimum rate adopted by the State Board of Education as |
668 | satisfactory under s. 1002.69(6), the early learning coalition |
669 | or school district, as applicable, shall require the provider or |
670 | school to submit an improvement plan for approval by the |
671 | coalition or school district, as applicable, and to implement |
672 | the plan. |
673 | 2. If a private prekindergarten provider or public school |
674 | fails to meet the minimum rate adopted by the State Board of |
675 | Education as satisfactory under s. 1002.69(6) for 2 consecutive |
676 | years, the early learning coalition or school district, as |
677 | applicable, shall place the provider or school on probation and |
678 | must require the provider or school to take certain corrective |
679 | actions, including the use of a curriculum approved by the |
680 | department under paragraph (2)(c). |
681 | 3. A private prekindergarten provider or public school |
682 | that is placed on probation must continue the corrective actions |
683 | required under subparagraph 2., including the use of a |
684 | curriculum approved by the department, until the provider or |
685 | school meets the minimum rate adopted by the State Board of |
686 | Education as satisfactory under s. 1002.69(6). |
687 | 4. If a private prekindergarten provider or public school |
688 | remains on probation for 2 consecutive years and fails to meet |
689 | the minimum rate adopted by the State Board of Education as |
690 | satisfactory under s. 1002.69(6), the Agency for Workforce |
691 | Innovation shall require the early learning coalition or the |
692 | Department of Education shall require the school district, as |
693 | applicable, to remove the provider or school from eligibility to |
694 | deliver the Voluntary Prekindergarten Education Program and |
695 | receive state funds for the program. |
696 | (d) Each early learning coalition, the Agency for |
697 | Workforce Innovation, and the department shall coordinate with |
698 | the Child Care Services Program Office of the Department of |
699 | Children and Family Services to minimize interagency duplication |
700 | of activities for monitoring private prekindergarten providers |
701 | for compliance with requirements of the Voluntary |
702 | Prekindergarten Education Program under this part, the school |
703 | readiness programs under s. 411.01, and the licensing of |
704 | providers under ss. 402.301-402.319. |
705 | 1002.69 Statewide kindergarten screening; kindergarten |
706 | readiness rates.-- |
707 | (1) The department shall adopt a statewide kindergarten |
708 | screening that assesses the readiness of each student for |
709 | kindergarten based upon the performance standards adopted by the |
710 | department under s. 1002.67(1) for the Voluntary Prekindergarten |
711 | Education Program. The department shall require that each school |
712 | district administer the statewide kindergarten screening to each |
713 | kindergarten student in the school district within the first 30 |
714 | school days of each school year. |
715 | (2) The statewide kindergarten screening shall provide |
716 | objective data concerning each student's readiness for |
717 | kindergarten and progress in attaining the performance standards |
718 | adopted by the department under s. 1002.67(1). |
719 | (3) The statewide kindergarten screening shall incorporate |
720 | mechanisms for recognizing potential variations in kindergarten |
721 | readiness rates for students with disabilities. |
722 | (4) Each parent who enrolls his or her child in the |
723 | Voluntary Prekindergarten Education Program must submit the |
724 | child for the statewide kindergarten screening, regardless of |
725 | whether the child is admitted to kindergarten in a public school |
726 | or nonpublic school. Each school district shall designate sites |
727 | to administer the statewide kindergarten screening for children |
728 | admitted to kindergarten in a nonpublic school. |
729 | (5) The State Board of Education shall adopt procedures |
730 | for the department to annually calculate each private |
731 | prekindergarten provider's and public school's kindergarten |
732 | readiness rate, which must be expressed as the percentage of the |
733 | provider's or school's students who are assessed as ready for |
734 | kindergarten. The kindergarten readiness rates must be based |
735 | exclusively upon the results of the statewide kindergarten |
736 | screening for students completing the Voluntary Prekindergarten |
737 | Education Program, beginning with students completing the |
738 | program during the 2005-2006 school year who are administered |
739 | the statewide kindergarten screening during the 2006-2007 school |
740 | year. The rates must not include students who are not |
741 | administered the statewide kindergarten screening. |
742 | (6)(a) The State Board of Education shall periodically |
743 | adopt a minimum kindergarten readiness rate that, if achieved by |
744 | a private prekindergarten provider or public school, would |
745 | demonstrate the provider's or school's satisfactory delivery of |
746 | the Voluntary Prekindergarten Education Program. |
747 | (b) The minimum rate must not exceed the rate at which |
748 | more than 15 percent of the kindergarten readiness rates of all |
749 | private prekindergarten providers and public schools delivering |
750 | the Voluntary Prekindergarten Education Program in the state |
751 | would fall below the minimum rate. |
752 | 1002.71 Funding; financial and attendance reporting.-- |
753 | (1) Funds appropriated for the Voluntary Prekindergarten |
754 | Education Program may be used only for the program in accordance |
755 | with this part. If the student enrollment in the program for a |
756 | fiscal year exceeds the estimated enrollment upon which the |
757 | appropriation for that fiscal year is provided, thereby causing |
758 | a shortfall, funds appropriated to the program for the |
759 | subsequent fiscal year must be used first to fund the shortfall. |
760 | (2) A full-time equivalent student in the Voluntary |
761 | Prekindergarten Education Program shall be calculated as |
762 | follows: |
763 | (a) For a student in a school-year prekindergarten program |
764 | delivered by a private prekindergarten provider: 540 |
765 | instructional hours. |
766 | (b) For a student in a summer prekindergarten program |
767 | delivered by a public school or private prekindergarten |
768 | provider: 300 instructional hours. |
769 | (c) For a student in a school-year prekindergarten program |
770 | delivered by a public school: 540 instructional hours. |
771 |
|
772 | Except as provided in subsection (4), a student may not be |
773 | reported for funding purposes as more than one full-time |
774 | equivalent student. |
775 | (3)(a) The base student allocation per full-time |
776 | equivalent student in the Voluntary Prekindergarten Education |
777 | Program shall be provided in the General Appropriations Act and |
778 | shall be equal for each student, regardless of whether the |
779 | student is enrolled in a school-year prekindergarten program |
780 | delivered by a private prekindergarten provider, a summer |
781 | prekindergarten program delivered by a public school or private |
782 | prekindergarten provider, or a school-year prekindergarten |
783 | program delivered by a public school. |
784 | (b) Each county's allocation per full-time equivalent |
785 | student in the Voluntary Prekindergarten Education Program shall |
786 | be calculated annually by multiplying the base student |
787 | allocation provided in the General Appropriations Act by the |
788 | county's district cost differential provided in s. 1011.62(2). |
789 | Each private prekindergarten provider and public school shall be |
790 | paid in accordance with the county's allocation per full-time |
791 | equivalent student. |
792 | (4) Notwithstanding s. 1002.53(3) and subsection (2): |
793 | (a) A child who, for any of the prekindergarten programs |
794 | listed in s. 1002.53(3), has not completed more than 10 percent |
795 | of the hours authorized to be reported for funding under |
796 | subsection (2) may withdraw from the program for good cause, |
797 | reenroll in one of the programs, and be reported for funding |
798 | purposes as a full-time equivalent student in the program for |
799 | which the child is reenrolled. |
800 | (b) A child who has not substantially completed any of the |
801 | prekindergarten programs listed in s. 1002.53(3) may withdraw |
802 | from the program due to an extreme hardship that is beyond the |
803 | child's or parent's control, reenroll in one of the programs, |
804 | and be reported for funding purposes as a full-time equivalent |
805 | student in the program for which the child is reenrolled. |
806 |
|
807 | A child may reenroll only once in a prekindergarten program |
808 | under this section. A child who reenrolls in a prekindergarten |
809 | program under this subsection may not subsequently withdraw from |
810 | the program and reenroll. The Agency for Workforce Innovation |
811 | shall establish criteria specifying whether a good cause exists |
812 | for a child to withdraw from a program under paragraph (a), |
813 | whether a child has substantially completed a program under |
814 | paragraph (b), and whether an extreme hardship exists which is |
815 | beyond the child's or parent's control under paragraph (b). |
816 | (5)(a) Each early learning coalition shall maintain |
817 | through the single point of entry established under s. 411.01 a |
818 | current database of the students enrolled in the Voluntary |
819 | Prekindergarten Education Program for each county within the |
820 | coalition's region. |
821 | (b) The Agency for Workforce Innovation shall adopt |
822 | procedures for the payment of private prekindergarten providers |
823 | and public schools delivering the Voluntary Prekindergarten |
824 | Education Program. The procedures shall provide for the advance |
825 | payment of providers and schools based upon student enrollment |
826 | in the program, the certification of student attendance, and the |
827 | reconciliation of advance payments in accordance with the |
828 | uniform attendance policy adopted under paragraph (6)(d). The |
829 | procedures shall provide for the monthly distribution of funds |
830 | by the Agency for Workforce Innovation to the early learning |
831 | coalitions for payment by the coalitions to private |
832 | prekindergarten providers and public schools. The department |
833 | shall transfer to the Agency for Workforce Innovation at least |
834 | once each quarter the funds available for payment to private |
835 | prekindergarten providers and public schools in accordance with |
836 | this paragraph from the funds appropriated for that purpose. |
837 | (6)(a) Each parent enrolling his or her child in the |
838 | Voluntary Prekindergarten Education Program must agree to comply |
839 | with the attendance policy of the private prekindergarten |
840 | provider or district school board, as applicable. Upon |
841 | enrollment of the child, the private prekindergarten provider or |
842 | public school, as applicable, must provide the child's parent |
843 | with a copy of the provider's or school district's attendance |
844 | policy, as applicable. |
845 | (b)1. Each private prekindergarten provider's and district |
846 | school board's attendance policy must require the parent of each |
847 | student in the Voluntary Prekindergarten Education Program to |
848 | verify, each month, the student's attendance on the prior |
849 | month's certified student attendance. |
850 | 2. The parent must submit the verification of the |
851 | student's attendance to the private prekindergarten provider or |
852 | public school on forms prescribed by the Agency for Workforce |
853 | Innovation. The forms must include, in addition to the |
854 | verification of the student's attendance, a certification, in |
855 | substantially the following form, that the parent continues to |
856 | choose the private prekindergarten provider or public school in |
857 | accordance with s. 1002.53 and directs that payments for the |
858 | program be made to the provider or school: |
859 |
|
860 | VERIFICATION OF STUDENT'S ATTENDANCE |
861 | AND CERTIFICATION OF PARENTAL CHOICE |
862 |
|
863 | I, . . . (Name of Parent) . . . , swear (or affirm) that my |
864 | child, . . . (Name of Student) . . . , attended the Voluntary |
865 | Prekindergarten Education Program on the days listed above and |
866 | certify that I continue to choose . . . (Name of Provider or |
867 | School) . . . to deliver the program for my child and direct |
868 | that program funds be paid to the provider or school for my |
869 | child. |
870 | . . . (Signature of Parent) . . . |
871 | . . . (Date) . . . |
872 |
|
873 | 3. The private prekindergarten provider or public school |
874 | must keep each original signed form for at least 2 years. Each |
875 | private prekindergarten provider must permit the early learning |
876 | coalition, and each public school must permit the school |
877 | district, to inspect the original signed forms during normal |
878 | business hours. The Agency for Workforce Innovation shall adopt |
879 | procedures for early learning coalitions and school districts to |
880 | review the original signed forms against the certified student |
881 | attendance. The review procedures shall provide for the use of |
882 | selective inspection techniques, including, but not limited to, |
883 | random sampling. Each early learning coalition and school |
884 | district must comply with the review procedures. |
885 | (c) A private prekindergarten provider or school district, |
886 | as applicable, may dismiss a student who does not comply with |
887 | the provider's or district's attendance policy. A student |
888 | dismissed under this paragraph is not removed from the Voluntary |
889 | Prekindergarten Education Program and may continue in the |
890 | program through reenrollment with another private |
891 | prekindergarten provider or public school. Notwithstanding s. |
892 | 1002.53(6)(b), a school district is not required to provide for |
893 | the admission of a student dismissed under this paragraph. |
894 | (d) The Agency for Workforce Innovation shall adopt, for |
895 | funding purposes, a uniform attendance policy for the Voluntary |
896 | Prekindergarten Education Program. The attendance policy must |
897 | apply statewide and apply equally to all private prekindergarten |
898 | providers and public schools. The attendance policy must |
899 | establish a minimum requirement for student attendance and |
900 | include the following provisions: |
901 | 1. A student who meets the minimum requirement may be |
902 | reported as a full-time equivalent student for funding purposes. |
903 | 2. A student who does not meet the minimum requirement may |
904 | be reported only as a fractional part of a full-time equivalent |
905 | student, reduced pro rata based on the student's attendance. |
906 | 3. A student who does not meet the minimum requirement may |
907 | be reported as a full-time equivalent student if the student is |
908 | absent for good cause in accordance with exceptions specified in |
909 | the uniform attendance policy. |
910 |
|
911 | The uniform attendance policy shall be used only for funding |
912 | purposes and does not prohibit a private prekindergarten |
913 | provider or public school from adopting and enforcing its |
914 | attendance policy under paragraphs (a) and (c). |
915 | (7) The Agency for Workforce Innovation shall require that |
916 | administrative expenditures be kept to the minimum necessary for |
917 | efficient and effective administration of the Voluntary |
918 | Prekindergarten Education Program. Each early learning coalition |
919 | may retain and expend no more than 5 percent of the funds paid |
920 | by the coalition to private prekindergarten providers and public |
921 | schools under paragraph (5)(b). Funds retained by an early |
922 | learning coalition under this subsection may be used only for |
923 | administering the Voluntary Prekindergarten Education Program |
924 | and may not be used for the school readiness program or other |
925 | programs. |
926 | (8) Except as otherwise expressly authorized by law, a |
927 | private prekindergarten provider or public school may not: |
928 | (a) Require payment of a fee or charge for services |
929 | provided for a child enrolled in the Voluntary Prekindergarten |
930 | Education Program during a period reported for funding purposes; |
931 | or |
932 | (b) Require a child to enroll for, or require the payment |
933 | of any fee or charge for, supplemental services as a condition |
934 | of admitting a child for enrollment in the Voluntary |
935 | Prekindergarten Education Program. |
936 | (9) A parent is responsible for the transportation of his |
937 | or her child to and from the Voluntary Prekindergarten Education |
938 | Program, regardless of whether the program is delivered by a |
939 | private prekindergarten provider or a public school. However, a |
940 | provider or school may use part of the funds it is paid under |
941 | paragraph (5)(b) for transporting students to and from the |
942 | program. A student enrolled in the Voluntary Prekindergarten |
943 | Education Program may not be reported under s. 1011.68 for |
944 | student transportation funds. |
945 | 1002.73 Department of Education; powers and duties; |
946 | accountability requirements.-- |
947 | (1) The department shall administer the accountability |
948 | requirements of the Voluntary Prekindergarten Education Program |
949 | at the state level. |
950 | (2) The department shall adopt procedures for the |
951 | department's: |
952 | (a) Approval of prekindergarten director credentials under |
953 | ss. 1002.55 and 1002.57. |
954 | (b) Approval of emergent literacy training courses under |
955 | ss. 1002.55 and 1002.59. |
956 | (c) Certification of school districts that are eligible to |
957 | deliver the school-year prekindergarten program under s. |
958 | 1002.63. |
959 | (d) Administration of the statewide kindergarten screening |
960 | and calculation of kindergarten readiness rates under s. |
961 | 1002.69. |
962 | (3) Except as provided by law, the department may not |
963 | impose requirements on a private prekindergarten provider that |
964 | does not deliver the Voluntary Prekindergarten Education Program |
965 | or receive state funds under this part. |
966 | 1002.75 Agency for Workforce Innovation; powers and |
967 | duties; operational requirements.-- |
968 | (1) The Agency for Workforce Innovation shall administer |
969 | the operational requirements of the Voluntary Prekindergarten |
970 | Education Program at the state level. |
971 | (2) The Agency for Workforce Innovation shall adopt |
972 | procedures governing the administration of the Voluntary |
973 | Prekindergarten Education Program by the early learning |
974 | coalitions and school districts for: |
975 | (a) Enrolling children in and determining the eligibility |
976 | of children for the Voluntary Prekindergarten Education Program |
977 | under s. 1002.53. |
978 | (b) Providing parents with profiles of private |
979 | prekindergarten providers and public schools under s. 1002.53. |
980 | (c) Registering private prekindergarten providers and |
981 | public schools to deliver the program under ss. 1002.55, |
982 | 1002.61, and 1002.63. |
983 | (d) Determining the eligibility of private prekindergarten |
984 | providers to deliver the program under ss. 1002.55 and 1002.61. |
985 | (e) Verifying the compliance of private prekindergarten |
986 | providers and public schools and removing providers or schools |
987 | from eligibility to deliver the program due to noncompliance or |
988 | misconduct as provided in s. 1002.67. |
989 | (f) Paying private prekindergarten providers and public |
990 | schools under s. 1002.71. |
991 | (g) Documenting and certifying student enrollment and |
992 | student attendance under s. 1002.71. |
993 | (h) Reconciling advance payments in accordance with the |
994 | uniform attendance policy under s. 1002.71. |
995 | (i) Reenrolling students dismissed by a private |
996 | prekindergarten provider or public school for noncompliance with |
997 | the provider's or school district's attendance policy under s. |
998 | 1002.71. |
999 | (3) The Agency for Workforce Innovation shall adopt, in |
1000 | consultation with and subject to approval by the department, |
1001 | procedures governing the administration of the Voluntary |
1002 | Prekindergarten Education Program by the early learning |
1003 | coalitions and school districts for: |
1004 | (a) Approving improvement plans of private prekindergarten |
1005 | providers and public schools under s. 1002.67. |
1006 | (b) Placing private prekindergarten providers and public |
1007 | schools on probation and requiring corrective actions under s. |
1008 | 1002.67. |
1009 | (c) Removing a private prekindergarten provider or public |
1010 | school from eligibility to deliver the program due to the |
1011 | provider's or school's remaining on probation beyond the time |
1012 | permitted under s. 1002.67. |
1013 | (4) The Agency for Workforce Innovation shall also adopt |
1014 | procedures for the agency's distribution of funds to early |
1015 | learning coalitions under s. 1002.71. |
1016 | (5) Except as provided by law, the Agency for Workforce |
1017 | Innovation may not impose requirements on a private |
1018 | prekindergarten provider or public school that does not deliver |
1019 | the Voluntary Prekindergarten Education Program or receive state |
1020 | funds under this part. |
1021 | 1002.77 Florida Early Learning Advisory Council.-- |
1022 | (1) There is created the Florida Early Learning Advisory |
1023 | Council within the Agency for Workforce Innovation. The purpose |
1024 | of the advisory council is to submit recommendations to the |
1025 | department and the Agency for Workforce Innovation on the early |
1026 | learning policy of this state, including recommendations |
1027 | relating to administration of the Voluntary Prekindergarten |
1028 | Education Program under this part and the school readiness |
1029 | programs under s. 411.01. |
1030 | (2) The advisory council shall be composed of the |
1031 | following members: |
1032 | (a) The chair of the advisory council who shall be |
1033 | appointed by and serve at the pleasure of the Governor. |
1034 | (b) The chair of each early learning coalition. |
1035 | (c) One member who shall be appointed by and serve at the |
1036 | pleasure of the President of the Senate. |
1037 | (d) One member who shall be appointed by and serve at the |
1038 | pleasure of the Speaker of the House of Representatives. |
1039 |
|
1040 | The chair of the advisory council appointed by the Governor and |
1041 | the members appointed by the presiding officers of the |
1042 | Legislature must each have a background in early learning. |
1043 | (3) The advisory council shall meet at least quarterly but |
1044 | may meet as often as necessary to carry out its duties and |
1045 | responsibilities. |
1046 | (4)(a) Each member of the advisory council shall serve |
1047 | without compensation but is entitled to receive reimbursement |
1048 | for per diem and travel expenses for attendance at council |
1049 | meetings as provided in s. 112.061. |
1050 | (b) Each member of the advisory council is subject to the |
1051 | ethics provisions in part III of chapter 112. |
1052 | (c) For purposes of tort liability, each member of the |
1053 | advisory council shall be governed by s. 768.28. |
1054 | (5) The Agency for Workforce Innovation shall provide |
1055 | staff and administrative support for the advisory council. |
1056 | 1002.79 Rulemaking authority.-- |
1057 | (1) The State Board of Education shall adopt rules under |
1058 | ss. 120.536(1) and 120.54 to administer the provisions of this |
1059 | part conferring duties upon the department. |
1060 | (2) The Agency for Workforce Innovation shall adopt rules |
1061 | under ss. 120.536(1) and 120.54 to administer the provisions of |
1062 | this part conferring duties upon the agency. |
1063 | Section 2. Section 411.01, Florida Statutes, is amended to |
1064 | read: |
1065 | 411.01 Florida Partnership for School readiness programs; |
1066 | early learning school readiness coalitions.-- |
1067 | (1) SHORT TITLE.--This section may be cited as the "School |
1068 | Readiness Act." |
1069 | (2) LEGISLATIVE INTENT.-- |
1070 | (a) The Legislature recognizes that school readiness |
1071 | programs increase children's chances of achieving future |
1072 | educational success and becoming productive members of society. |
1073 | It is the intent of the Legislature that the such programs be |
1074 | developmentally appropriate, research-based, involve parents as |
1075 | their child's first teacher, serve as preventive measures for |
1076 | children at risk of future school failure, enhance the |
1077 | educational readiness of eligible children, and support family |
1078 | education. Each school readiness program shall provide the |
1079 | elements necessary to prepare at-risk children for school, |
1080 | including health screening and referral and an appropriate |
1081 | educational program. |
1082 | (b) It is the intent of the Legislature that school |
1083 | readiness programs be operated on a full-day, year-round basis |
1084 | to the maximum extent possible to enable parents to work and |
1085 | become financially self-sufficient. |
1086 | (c) It is the intent of the Legislature that school |
1087 | readiness programs not exist as isolated programs, but build |
1088 | upon existing services and work in cooperation with other |
1089 | programs for young children, and that school readiness programs |
1090 | be coordinated and funding integrated to achieve full |
1091 | effectiveness. |
1092 | (d) It is the intent of the Legislature that the |
1093 | administrative staff at the state level for school readiness |
1094 | programs be kept to the minimum necessary to administer carry |
1095 | out the duties of the Agency for Workforce Innovation Florida |
1096 | Partnership for School Readiness, as the school readiness |
1097 | programs are to be regionally locally designed, operated, and |
1098 | managed, with the Agency for Workforce Innovation Florida |
1099 | Partnership for School Readiness adopting a system for measuring |
1100 | school readiness; developing school readiness program |
1101 | performance standards and, outcome measures measurements, and |
1102 | data design and review; and approving and reviewing early |
1103 | learning coalitions and local school readiness coalitions and |
1104 | plans. |
1105 | (e) It is the intent of the Legislature that |
1106 | appropriations for combined school readiness programs shall not |
1107 | be less than the programs would receive in any fiscal year on an |
1108 | uncombined basis. |
1109 | (f) It is the intent of the Legislature that the school |
1110 | readiness program coordinate and operate in conjunction with the |
1111 | district school systems. However, it is also the intent of the |
1112 | Legislature that the school readiness program not be construed |
1113 | as part of the system of free public schools but rather as a |
1114 | separate program for children under the age of kindergarten |
1115 | eligibility, funded separately from the system of free public |
1116 | schools, utilizing a mandatory sliding fee scale, and providing |
1117 | an integrated and seamless system of school readiness services |
1118 | for the state's birth-to-kindergarten population. |
1119 | (g) It is the intent of the Legislature that the federal |
1120 | child care income tax credit be preserved for school readiness |
1121 | programs. |
1122 | (h) It is the intent of the Legislature that school |
1123 | readiness services shall be an integrated and seamless system of |
1124 | services with a developmentally appropriate education component |
1125 | for the state's eligible birth-to-kindergarten population |
1126 | described in subsection (6) and shall not be construed as part |
1127 | of the seamless K-20 education system except for the |
1128 | administration of the uniform screening system upon entry into |
1129 | kindergarten. |
1130 | (3) PARENTAL PARTICIPATION IN SCHOOL READINESS PROGRAMS |
1131 | PROGRAM.-- |
1132 | (a) The school readiness program shall be phased in on a |
1133 | coalition-by-coalition basis. Each coalition's school readiness |
1134 | program shall have available to it funding from all the |
1135 | coalition's early education and child care programs that are |
1136 | funded with state, federal, lottery, or local funds, including |
1137 | but not limited to Florida First Start programs, Even-Start |
1138 | literacy programs, prekindergarten early intervention programs, |
1139 | Head Start programs, programs offered by public and private |
1140 | providers of child care, migrant prekindergarten programs, Title |
1141 | I programs, subsidized child care programs, and teen parent |
1142 | programs, together with any additional funds appropriated or |
1143 | obtained for purposes of this section. These programs and their |
1144 | funding streams shall be components of the coalition's |
1145 | integrated school readiness program, with the goal of preparing |
1146 | children for success in school. |
1147 | (b) Nothing contained in This section does not act is |
1148 | intended to: |
1149 | (a)1. Relieve parents and guardians of their own |
1150 | obligations to prepare ready their children for school; or |
1151 | (b)2. Create any obligation to provide publicly funded |
1152 | school readiness programs or services beyond those authorized by |
1153 | the Legislature. |
1154 | (4) AGENCY FOR WORKFORCE INNOVATION FLORIDA PARTNERSHIP |
1155 | FOR SCHOOL READINESS.-- |
1156 | (a) The Agency for Workforce Innovation shall Florida |
1157 | Partnership for School Readiness was created to fulfill three |
1158 | major purposes: to administer school readiness programs at the |
1159 | state level and shall program services that help parents prepare |
1160 | eligible children for school; to coordinate the early learning |
1161 | coalitions in providing provision of school readiness services |
1162 | on a full-day, full-year, full-choice basis to the extent |
1163 | possible in order to enable parents to work and be financially |
1164 | self-sufficient; and to establish a uniform screening instrument |
1165 | to be implemented by the Department of Education and |
1166 | administered by the school districts upon entry into |
1167 | kindergarten to assess the readiness for school of all children. |
1168 | Readiness for kindergarten is the outcome measure of the success |
1169 | of each school readiness program that receives state or federal |
1170 | funds. The partnership is assigned to the Agency for Workforce |
1171 | Innovation for administrative purposes. |
1172 | (b) The Agency for Workforce Innovation Florida |
1173 | Partnership for School Readiness shall: |
1174 | 1. Coordinate the birth-to-kindergarten services for |
1175 | children who are eligible under pursuant to subsection (6) and |
1176 | the programmatic, administrative, and fiscal standards under |
1177 | pursuant to this section for all public providers of school |
1178 | readiness programs. |
1179 | 2. Continue to provide unified leadership for school |
1180 | readiness through early learning local school readiness |
1181 | coalitions. |
1182 | 3. Focus on improving the educational quality of all |
1183 | publicly funded school readiness programs. |
1184 | (c)1. The Florida Partnership for School Readiness shall |
1185 | include the Lieutenant Governor, the Commissioner of Education, |
1186 | the Secretary of Children and Family Services, and the Secretary |
1187 | of Health, or their designees, and the chair of the Child Care |
1188 | Executive Partnership Board, and the chairperson of the Board of |
1189 | Directors of Workforce Florida, Inc. When the Lieutenant |
1190 | Governor or an agency head appoints a designee, the designee |
1191 | must be an individual who attends consistently, and, in the |
1192 | event that the Lieutenant Governor or agency head and his or her |
1193 | designee both attend a meeting, only one of them may vote. |
1194 | 2. The partnership shall also include 14 members of the |
1195 | public who shall be business, community, and civic leaders in |
1196 | the state who are not elected to public office. These members |
1197 | and their families must not have a direct contract with any |
1198 | local coalition to provide school readiness services. The |
1199 | members must be geographically and demographically |
1200 | representative of the state. Each member shall be appointed by |
1201 | the Governor from a list of nominees submitted by the President |
1202 | of the Senate and the Speaker of the House of Representatives. |
1203 | By July 1, 2001, four members shall be appointed as follows: two |
1204 | members shall be from the child care industry, one representing |
1205 | the private for-profit sector appointed by the Governor from a |
1206 | list of two nominees submitted by the President of the Senate |
1207 | and one representing faith-based providers appointed by the |
1208 | Governor from a list of two nominees submitted by the Speaker of |
1209 | the House of Representatives; and two members shall be from the |
1210 | business community, one appointed by the Governor from a list of |
1211 | two nominees submitted by the President of the Senate and one |
1212 | appointed by the Governor from a list of two nominees submitted |
1213 | by the Speaker of the House of Representatives. Members shall be |
1214 | appointed to 4-year terms of office. The members of the |
1215 | partnership shall elect a chairperson annually from the |
1216 | nongovernmental members of the partnership. Any vacancy on the |
1217 | partnership shall be filled in the same manner as the original |
1218 | appointment. |
1219 | (d) The partnership shall meet at least quarterly but may |
1220 | meet as often as it deems necessary to carry out its duties and |
1221 | responsibilities. Members of the partnership shall participate |
1222 | without proxy at the quarterly meetings. The partnership may |
1223 | take official action by a majority vote of the members present |
1224 | at any meeting at which a quorum is present. |
1225 | (e) Members of the partnership are subject to the ethics |
1226 | provisions in part III of chapter 112, and no member may derive |
1227 | any financial benefit from the funds administered by the Florida |
1228 | Partnership for School Readiness. |
1229 | (f) Members of the partnership shall serve without |
1230 | compensation but are entitled to reimbursement for per diem and |
1231 | travel expenses incurred in the performance of their duties as |
1232 | provided in s. 112.061, and reimbursement for other reasonable, |
1233 | necessary, and actual expenses. |
1234 | (g) For the purposes of tort liability, the members of the |
1235 | partnership and its employees shall be governed by s. 768.28. |
1236 | (h) The partnership shall appoint an executive director |
1237 | who shall serve at the pleasure of the Governor. The executive |
1238 | director shall perform the duties assigned to him or her by the |
1239 | partnership. The executive director shall be responsible for |
1240 | hiring, subject to the approval of the partnership, all |
1241 | employees and staff members, who shall serve under his or her |
1242 | direction and control. |
1243 | (c)(i) For purposes of administration of the federal Child |
1244 | Care and Development Fund, 45 C.F.R. parts 98 and 99, the Agency |
1245 | for Workforce Innovation partnership may be designated by the |
1246 | Governor as the lead agency, and, if so designated, shall comply |
1247 | with the lead agency responsibilities under pursuant to federal |
1248 | law. |
1249 | (d)(j) The Agency for Workforce Innovation Florida |
1250 | Partnership for School Readiness is the principal organization |
1251 | responsible for the enhancement of school readiness for the |
1252 | state's children, and shall: |
1253 | 1. Be responsible for the prudent use of all public and |
1254 | private funds in accordance with all legal and contractual |
1255 | requirements. |
1256 | 2. Provide final approval and periodic review of early |
1257 | learning coalitions and school readiness plans. |
1258 | 3. Provide leadership for the enhancement of school |
1259 | readiness in this state by aggressively establishing a unified |
1260 | approach to the state's efforts toward enhancement of school |
1261 | readiness. In support of this effort, the Agency for Workforce |
1262 | Innovation partnership may develop and implement specific |
1263 | strategies that address the state's school readiness programs. |
1264 | 4. Safeguard the effective use of federal, state, local, |
1265 | and private resources to achieve the highest possible level of |
1266 | school readiness for the state's children in this state. |
1267 | 5. Provide technical assistance to early learning |
1268 | coalitions. |
1269 | 6. Assess gaps in service. |
1270 | 7. Provide technical assistance to counties that form a |
1271 | multicounty region served by an early learning coalition. |
1272 | 8.a. Adopt a system for measuring school readiness that |
1273 | provides objective data regarding the expectations for school |
1274 | readiness, and establish a method for collecting the data and |
1275 | guidelines for using the data. The measurement, the data |
1276 | collection, and the use of the data must serve the statewide |
1277 | school readiness goal. The criteria for determining which data |
1278 | to collect should be the usefulness of the data to state |
1279 | policymakers and local program administrators in administering |
1280 | programs and allocating state funds, and must include the |
1281 | tracking of school readiness system information back to |
1282 | individual school readiness programs to assist in determining |
1283 | program effectiveness. |
1284 | b. Adopt a system for evaluating the performance of |
1285 | students through the third grade to compare the performance of |
1286 | those who participated in school readiness programs with the |
1287 | performance of students who did not participate in school |
1288 | readiness programs in order to identify strategies for continued |
1289 | successful student performance. |
1290 | 8.9. Develop and adopt performance standards and outcome |
1291 | measures for school readiness programs. The performance |
1292 | standards must address the age-appropriate progress of children |
1293 | in the development of the school readiness skills required under |
1294 | paragraph (j). The performance standards for children from birth |
1295 | to 3 years of age in school readiness programs must be |
1296 | integrated with the performance standards adopted by the |
1297 | Department of Education for children in the Voluntary |
1298 | Prekindergarten Education Program under s. 1002.67. |
1299 | (e)(k) The Agency for Workforce Innovation partnership may |
1300 | adopt rules under ss. 120.536(1) and 120.54 necessary to |
1301 | administer the provisions of law conferring duties upon the |
1302 | agency, including, but not limited this section which relate to, |
1303 | rules governing the preparation preparing and implementation of |
1304 | implementing the system for school readiness system, the |
1305 | collection of collecting data, the approval of early learning |
1306 | approving local school readiness coalitions and school readiness |
1307 | plans, the provision of providing a method whereby an early |
1308 | learning a coalition may can serve two or more counties, the |
1309 | award of awarding incentives to early learning coalitions, and |
1310 | the issuance of issuing waivers. |
1311 | (f)(l) The Agency for Workforce Innovation Florida |
1312 | Partnership for School Readiness shall have all powers necessary |
1313 | to administer carry out the purposes of this section, including, |
1314 | but not limited to, the power to receive and accept grants, |
1315 | loans, or advances of funds from any public or private agency |
1316 | and to receive and accept from any source contributions of |
1317 | money, property, labor, or any other thing of value, to be held, |
1318 | used, and applied for the purposes of this section. |
1319 | (g) Except as provided by law, the Agency for Workforce |
1320 | Innovation may not impose requirements on a child care or early |
1321 | childhood education provider that does not deliver services |
1322 | under a school readiness program or receive state or federal |
1323 | funds under this section. |
1324 | (h)(m) The Agency for Workforce Innovation Florida |
1325 | Partnership for School Readiness shall have a budget for the |
1326 | school readiness system, which and shall be financed through an |
1327 | annual appropriation made for purposes of this section purpose |
1328 | in the General Appropriations Act. |
1329 | (i)(n) The Agency for Workforce Innovation partnership |
1330 | shall coordinate the efforts toward school readiness in this |
1331 | state and provide independent policy analyses and |
1332 | recommendations to the Governor, the State Board of Education, |
1333 | and the Legislature. |
1334 | (j)(o) The Agency for Workforce Innovation shall require |
1335 | that each early learning coalition's The partnership shall |
1336 | prepare and submit to the State Board of Education a system for |
1337 | measuring school readiness program. The system must, at a |
1338 | minimum, enhance the age-appropriate progress of each child in |
1339 | the development of include a uniform screening, which shall |
1340 | provide objective data regarding the following expectations for |
1341 | school readiness skills which shall include, at a minimum: |
1342 | 1. The child's immunizations and other health requirements |
1343 | as necessary, including appropriate vision and hearing screening |
1344 | and examinations. |
1345 | 2. The child's physical development. |
1346 | 1.3. The child's Compliance with rules, limitations, and |
1347 | routines. |
1348 | 2.4. The child's Ability to perform tasks. |
1349 | 3.5. The child's Interactions with adults. |
1350 | 4.6. The child's Interactions with peers. |
1351 | 5.7. The child's Ability to cope with challenges. |
1352 | 6.8. The child's Self-help skills. |
1353 | 7.9. The child's Ability to express the child's his or her |
1354 | needs. |
1355 | 8.10. The child's Verbal communication skills. |
1356 | 9.11. The child's Problem-solving skills. |
1357 | 10.12. The child's Following of verbal directions. |
1358 | 11.13. The child's Demonstration of curiosity, |
1359 | persistence, and exploratory behavior. |
1360 | 12.14. The child's Interest in books and other printed |
1361 | materials. |
1362 | 13.15. The child's Paying attention to stories. |
1363 | 14.16. The child's Participation in art and music |
1364 | activities. |
1365 | 15.17. The child's Ability to identify colors, geometric |
1366 | shapes, letters of the alphabet, numbers, and spatial and |
1367 | temporal relationships. |
1368 |
|
1369 | The Agency for Workforce Innovation shall also require that, |
1370 | before a child is enrolled in an early learning coalition's |
1371 | school readiness program, the coalition must ensure that |
1372 | information is obtained by the coalition or the school readiness |
1373 | provider regarding the child's immunizations, physical |
1374 | development, and other health requirements as necessary, |
1375 | including appropriate vision and hearing screening and |
1376 | examinations. |
1377 | (p) The partnership shall prepare a plan for implementing |
1378 | the system for measuring school readiness in such a way that all |
1379 | children in this state will undergo the uniform screening |
1380 | established by the partnership when they enter kindergarten. |
1381 | Children who enter public school for the first time in first |
1382 | grade must undergo a uniform screening approved by the |
1383 | partnership for use in first grade. Because children with |
1384 | disabilities may not be able to meet all of the identified |
1385 | expectations for school readiness, the plan for measuring school |
1386 | readiness shall incorporate mechanisms for recognizing the |
1387 | potential variations in expectations for school readiness when |
1388 | serving children with disabilities and shall provide for |
1389 | communities to serve children with disabilities. |
1390 | (k)(q) The Agency for Workforce Innovation partnership |
1391 | shall conduct studies and planning activities related to the |
1392 | overall improvement and effectiveness of the outcome school |
1393 | readiness measures adopted by the agency for school readiness |
1394 | programs. |
1395 | (l) The Agency for Workforce Innovation shall monitor and |
1396 | evaluate the performance of each early learning coalition in |
1397 | administering the school readiness program, implementing the |
1398 | coalition's school readiness plan, and administering the |
1399 | Voluntary Prekindergarten Education Program. These monitoring |
1400 | and performance evaluations must include, at a minimum, onsite |
1401 | monitoring of each coalition's finances, management, operations, |
1402 | and programs. |
1403 | (m) The Agency for Workforce Innovation shall identify |
1404 | best practices of early learning coalitions in order to improve |
1405 | the outcomes of school readiness programs. |
1406 | (r) The partnership shall establish procedures for |
1407 | performance-based budgeting in school readiness programs. |
1408 | (n)(s) The Agency for Workforce Innovation partnership |
1409 | shall submit an annual report of its activities conducted under |
1410 | this section to the Governor, the executive director of the |
1411 | Florida Healthy Kids Corporation, the President of the Senate, |
1412 | the Speaker of the House of Representatives, and the minority |
1413 | leaders of both houses of the Legislature. In addition, the |
1414 | Agency for Workforce Innovation's partnership's reports and |
1415 | recommendations shall be made available to the State Board of |
1416 | Education, the Florida Early Learning Advisory Council, other |
1417 | appropriate state agencies and entities, district school boards, |
1418 | central agencies for child care, and county health departments. |
1419 | The annual report must provide an analysis of school readiness |
1420 | activities across the state, including the number of children |
1421 | who were served in the programs and the number of children who |
1422 | were ready for school. |
1423 | (o)(t) The Agency for Workforce Innovation partnership |
1424 | shall work with the early learning school readiness coalitions |
1425 | to increase parents' training for and involvement in their |
1426 | children's preschool education and to provide family literacy |
1427 | activities and programs. |
1428 |
|
1429 | To ensure that the system for measuring school readiness is |
1430 | comprehensive and appropriate statewide, as the system is |
1431 | developed and implemented, the partnership must consult with |
1432 | representatives of district school systems, providers of public |
1433 | and private child care, health care providers, large and small |
1434 | employers, experts in education for children with disabilities, |
1435 | and experts in child development. |
1436 | (5) CREATION OF EARLY LEARNING SCHOOL READINESS |
1437 | COALITIONS.-- |
1438 | (a) Early learning School readiness coalitions.-- |
1439 | 1. The Agency for Workforce Innovation shall establish the |
1440 | minimum number of children to be served by each early learning |
1441 | coalition through the coalition's school readiness program. The |
1442 | Agency for Workforce Innovation may only approve school |
1443 | readiness plans in accordance with this minimum number. The |
1444 | minimum number must be uniform for every early learning |
1445 | coalition and must: |
1446 | a. Permit 30 or fewer coalitions to be established; and |
1447 | b. Require each coalition to serve at least 2,000 children |
1448 | based upon the average number of all children served per month |
1449 | through the coalition's school readiness program during the |
1450 | previous 12 months. |
1451 |
|
1452 | The Agency for Workforce Innovation shall adopt procedures for |
1453 | merging early learning coalitions, including procedures for the |
1454 | consolidation of merging coalitions, and for the early |
1455 | termination of the terms of coalition members which are |
1456 | necessary to accomplish the mergers. Each early learning |
1457 | coalition must comply with the merger procedures and shall be |
1458 | organized in accordance with this subparagraph by April 1, 2005. |
1459 | By June 30, 2005, each coalition must complete the transfer of |
1460 | powers, duties, functions, rules, records, personnel, property, |
1461 | and unexpended balances of appropriations, allocations, and |
1462 | other funds to the successor coalition, if applicable. |
1463 | 2.1. If an early learning coalition a coalition's plan |
1464 | would serve fewer less than 400 birth-to-kindergarten age |
1465 | children than the minimum number established under subparagraph |
1466 | 1., the coalition must merge either join with another county to |
1467 | form a multicounty coalition. However, the Agency for Workforce |
1468 | Innovation may authorize an early learning coalition to serve |
1469 | fewer children than the minimum number established under |
1470 | subparagraph 1., if: |
1471 | a. The coalition demonstrates to the Agency for Workforce |
1472 | Innovation that merging with another county or multicounty |
1473 | region contiguous to the coalition would cause an extreme |
1474 | hardship on the coalition; |
1475 | b. The Agency for Workforce Innovation has determined |
1476 | during the most recent annual review of the coalition's school |
1477 | readiness plan, or through monitoring and performance |
1478 | evaluations conducted under paragraph (4)(l), that the coalition |
1479 | has substantially implemented its plan and substantially met the |
1480 | performance standards and outcome measures adopted by the |
1481 | agency; and |
1482 | c. The coalition demonstrates to the Agency for Workforce |
1483 | Innovation the coalition's, enter an agreement with a fiscal |
1484 | agent to serve more than one coalition, or demonstrate to the |
1485 | partnership its ability to effectively and efficiently implement |
1486 | the Voluntary Prekindergarten Education Program its plan as a |
1487 | single-county coalition and meet all required performance |
1488 | standards and outcome measures. |
1489 |
|
1490 | If an early learning coalition fails or refuses to merge as |
1491 | required by this subparagraph, the Agency for Workforce |
1492 | Innovation may dissolve the coalition and temporarily contract |
1493 | with a qualified entity to continue school readiness and |
1494 | prekindergarten services in the coalition's county or |
1495 | multicounty region until the coalition is reestablished through |
1496 | resubmission of a school readiness plan and approval by the |
1497 | agency. |
1498 | 3. Each early learning coalition shall be composed of at |
1499 | least 18 members but not more than 35 members. The Agency for |
1500 | Workforce Innovation shall adopt standards establishing within |
1501 | this range the minimum and maximum number of members that may be |
1502 | appointed to an early learning coalition. These standards must |
1503 | include variations for a coalition serving a multicounty region. |
1504 | Each early learning coalition must comply with these standards. |
1505 | 4. The Governor shall appoint the chair and two other |
1506 | members of each early learning coalition, who must each meet the |
1507 | same qualifications as private-sector business members appointed |
1508 | by the coalition under subparagraph 6. |
1509 | 5.2. Each early learning coalition shall have at least 18 |
1510 | but not more than 25 members and such members must include the |
1511 | following members: |
1512 | a. A Department of Children and Family Services district |
1513 | administrator or his or her designee who is authorized to make |
1514 | decisions on behalf of the department. |
1515 | b. A district superintendent of schools or his or her |
1516 | designee who is authorized to make decisions on behalf of the |
1517 | district, who shall be a nonvoting member. |
1518 | c. A regional workforce development board executive chair |
1519 | or director or his or her designee, where applicable. |
1520 | d. A county health department director or his or her |
1521 | designee. |
1522 | e. A children's services council or juvenile welfare board |
1523 | chair or executive director, if applicable, who shall be a |
1524 | nonvoting member if the council or board is the fiscal agent of |
1525 | the coalition or if the council or board contracts with and |
1526 | receives funds from the coalition. |
1527 | f. An agency head of a local child care licensing agency |
1528 | as defined in s. 402.302, where applicable head. |
1529 | g. A president of a community college or his or her |
1530 | designee. |
1531 | g. One member appointed by a Department of Children and |
1532 | Family Services district administrator. |
1533 | h. One member appointed by a board of county |
1534 | commissioners. |
1535 | i. One member appointed by a district school board. |
1536 | i.j. A central child care agency administrator, where |
1537 | applicable, who shall be a nonvoting member. |
1538 | j.k. A Head Start director, who shall be a nonvoting |
1539 | member. |
1540 | k.l. A representative of private child care providers, |
1541 | including family day care homes, who shall be a nonvoting |
1542 | member. |
1543 | l.m. A representative of faith-based child care providers, |
1544 | who shall be a nonvoting member. |
1545 | m. A representative of programs for children with |
1546 | disabilities under the federal Individuals with Disabilities |
1547 | Education Act, who shall be a nonvoting member. |
1548 | 6. Including the members appointed by the Governor under |
1549 | subparagraph 4., more than one-third of the coalition members of |
1550 | each early learning coalition must be private-sector business |
1551 | members who do not have, and none of whose relatives as defined |
1552 | in s. 112.3143 has, a substantial financial interest in the |
1553 | design or delivery of the Voluntary Prekindergarten Education |
1554 | Program created under part V of chapter 1002 or the coalition's |
1555 | school readiness program from the private sector, and neither |
1556 | they nor their families may earn an income from the early |
1557 | education and child care industry. To meet this requirement an |
1558 | early learning a coalition must appoint additional members from |
1559 | a list of nominees submitted presented to the coalition by a |
1560 | chamber of commerce or economic development council within the |
1561 | geographic region served by area of the coalition. The Agency |
1562 | for Workforce Innovation shall establish criteria for appointing |
1563 | private-sector business members. These criteria must include |
1564 | standards for determining whether a member or relative has a |
1565 | substantial financial interest in the design or delivery of the |
1566 | Voluntary Prekindergarten Education Program or the coalition's |
1567 | school readiness program. |
1568 | 7. A majority of the voting membership of an early |
1569 | learning coalition constitutes a quorum required to conduct the |
1570 | business of the coalition. |
1571 | 8.3. A voting No member of an early learning a coalition |
1572 | may not appoint a designee to act in his or her place, except as |
1573 | otherwise provided in this paragraph. A voting member may send a |
1574 | representative to coalition meetings, but that representative |
1575 | does not will have no voting privileges. When a district |
1576 | superintendent of schools or a district administrator for the |
1577 | Department of Children and Family Services appoints a designee |
1578 | to an early learning a school readiness coalition, the designee |
1579 | is will be the voting member of the coalition, and any |
1580 | individual attending in the designee's his or her place, |
1581 | including the district administrator or superintendent, does not |
1582 | will have no voting privileges. |
1583 | 9.4. Each member Members of an early learning the |
1584 | coalition is are subject to ss. 112.313, 112.3135, and 112.3143 |
1585 | the ethics provisions in part III of chapter 112. For purposes |
1586 | of s. 112.3143(3)(a), each voting member is a local public |
1587 | officer who must abstain from voting when a voting conflict |
1588 | exists. |
1589 | 10.5. For the purposes of tort liability, each member or |
1590 | employee of an early learning the members of the school |
1591 | readiness coalition and its employees shall be governed by s. |
1592 | 768.28. |
1593 | 11.6. An early learning coalition serving a multicounty |
1594 | region must coalitions shall include representation from each |
1595 | county. |
1596 | 12.7. Each early learning coalition shall establish The |
1597 | terms for of all appointed members of the coalition. The terms |
1598 | must be staggered and must be a uniform length that does not |
1599 | exceed 4 years per term. Appointed members may serve a maximum |
1600 | of two consecutive terms. When a vacancy occurs in an appointed |
1601 | position, the coalition must advertise the vacancy. |
1602 | (b) Program participation.--The school readiness program |
1603 | shall be established for children from birth to the beginning of |
1604 | the school year for which a child is eligible for admission to 5 |
1605 | years of age or until the child enters kindergarten in a public |
1606 | school under s. 1003.21(1)(a)2. The program shall be |
1607 | administered by the early learning school readiness coalition. |
1608 | Within funding limitations, the early learning school readiness |
1609 | coalition, along with all providers, shall make reasonable |
1610 | efforts to accommodate the needs of children for extended-day |
1611 | and extended-year services without compromising the quality of |
1612 | the program. |
1613 | (c) Program expectations.-- |
1614 | 1. The school readiness program must meet the following |
1615 | expectations: |
1616 | a. The program must, at a minimum, enhance the age- |
1617 | appropriate progress of each child in the development of the |
1618 | school readiness skills required under paragraph (4)(j) prepare |
1619 | preschool children to enter kindergarten ready to learn, as |
1620 | measured by the performance standards and outcome measures |
1621 | adopted criteria established by the Agency for Workforce |
1622 | Innovation Florida Partnership for School Readiness. |
1623 | b. The program must provide extended-day and extended-year |
1624 | services to the maximum extent possible to meet the needs of |
1625 | parents who work. |
1626 | c. There must be coordinated staff development and |
1627 | teaching opportunities. |
1628 | d. There must be expanded access to community services and |
1629 | resources for families to help achieve economic self- |
1630 | sufficiency. |
1631 | e. There must be a single point of entry and unified |
1632 | waiting list. As used in this sub-subparagraph, the term "single |
1633 | point of entry" means an integrated information system that |
1634 | allows a parent to enroll his or her child in the school |
1635 | readiness program at various locations throughout the county or |
1636 | multicounty region served by an early learning coalition, that |
1637 | may allow a parent to enroll his or her child by telephone or |
1638 | through an Internet website, and that uses a unified waiting |
1639 | list to track eligible children waiting for enrollment in the |
1640 | school readiness program. The Agency for Workforce Innovation |
1641 | shall establish a single statewide information system that |
1642 | integrates each early learning coalition's single point of |
1643 | entry, and each coalition must use the statewide system. |
1644 | f. The Agency for Workforce Innovation must consider the |
1645 | access of eligible children to the school readiness program, as |
1646 | demonstrated in part by waiting lists, before approving a |
1647 | proposed increase in payment rates submitted by an early |
1648 | learning coalition. In addition, early learning coalitions shall |
1649 | use school readiness funds made available due to enrollment |
1650 | shifts from school readiness programs to the Voluntary |
1651 | Prekindergarten Education Program for increasing the number of |
1652 | children served in school readiness programs before increasing |
1653 | payment rates. |
1654 | f. As long as funding or eligible populations do not |
1655 | decrease, the program must serve at least as many children as |
1656 | were served prior to implementation of the program. |
1657 | g. There must be a community plan to address the needs of |
1658 | all eligible children. |
1659 | h. The program must meet all state licensing guidelines, |
1660 | where applicable. |
1661 | 2. The early learning school readiness coalition must |
1662 | implement a comprehensive program of school readiness services |
1663 | that enhance the cognitive, social, and physical development of |
1664 | children to achieve the performance standards and outcome |
1665 | measures adopted specified by the Agency for Workforce |
1666 | Innovation partnership. At a minimum, these programs must |
1667 | contain the following elements: |
1668 | a. Developmentally appropriate curriculum designed to |
1669 | enhance the age-appropriate progress of children in attaining |
1670 | the performance standards adopted by the Agency for Workforce |
1671 | Innovation under subparagraph (4)(d)8. |
1672 | b. A character development program to develop basic |
1673 | values. |
1674 | c. An age-appropriate assessment of each child's |
1675 | development. |
1676 | d. A pretest administered to children when they enter a |
1677 | program and a posttest administered to children when they leave |
1678 | the program. |
1679 | e. An appropriate staff-to-children staff-to-child ratio. |
1680 | f. A healthy healthful and safe environment. |
1681 | g. A resource and referral network to assist parents in |
1682 | making an informed choice. |
1683 | (d) Implementation.-- |
1684 | 1. An early learning coalition may not implement the |
1685 | school readiness program is to be phased in. until the coalition |
1686 | is authorized implements its plan, the county shall continue to |
1687 | receive the services identified in subsection (3) through the |
1688 | various agencies that would be responsible for delivering those |
1689 | services under current law. Plan implementation is subject to |
1690 | approval of the coalition's school readiness coalition and the |
1691 | plan by the Agency for Workforce Innovation Florida Partnership |
1692 | for School Readiness. |
1693 | 2. Each early learning school readiness coalition shall |
1694 | develop a plan for implementing the school readiness program to |
1695 | meet the requirements of this section and the performance |
1696 | standards and outcome measures adopted established by the Agency |
1697 | for Workforce Innovation partnership. The plan must include a |
1698 | written description of the role of the program in the |
1699 | coalition's effort to meet the first state education goal, |
1700 | readiness to start school, including a description of the plan |
1701 | to involve the prekindergarten early intervention programs, Head |
1702 | Start Programs, programs offered by public or private providers |
1703 | of child care, preschool programs for children with |
1704 | disabilities, programs for migrant children, Title I programs, |
1705 | subsidized child care programs, and teen parent programs. The |
1706 | plan must also demonstrate how the program will ensure that each |
1707 | 3-year-old and 4-year-old child in a publicly funded school |
1708 | readiness program receives scheduled activities and instruction |
1709 | designed to enhance the age-appropriate progress of the prepare |
1710 | children in attaining the performance standards adopted by the |
1711 | Agency for Workforce Innovation under subparagraph (4)(d)8. to |
1712 | enter kindergarten ready to learn. Before implementing Prior to |
1713 | implementation of the school readiness program, the early |
1714 | learning school readiness coalition must submit the plan to the |
1715 | Agency for Workforce Innovation partnership for approval. The |
1716 | Agency for Workforce Innovation partnership may approve the |
1717 | plan, reject the plan, or approve the plan with conditions. The |
1718 | Agency for Workforce Innovation Florida Partnership for School |
1719 | Readiness shall review school readiness coalition plans at least |
1720 | annually. |
1721 | 3. If the Agency for Workforce Innovation determines |
1722 | during the annual review of school readiness plans, or through |
1723 | monitoring and performance evaluations conducted under paragraph |
1724 | (4)(l), that an early learning coalition has not substantially |
1725 | implemented its plan, has not substantially met the performance |
1726 | standards and outcome measures adopted by the agency, or has not |
1727 | effectively administered the school readiness program or |
1728 | Voluntary Prekindergarten Education Program, the Agency for |
1729 | Workforce Innovation may dissolve the coalition and temporarily |
1730 | contract with a qualified entity to continue school readiness |
1731 | and prekindergarten services in the coalition's county or |
1732 | multicounty region until the coalition is reestablished through |
1733 | resubmission of a school readiness plan and approval by the |
1734 | agency. |
1735 | 4.3. The Agency for Workforce Innovation shall adopt |
1736 | criteria for the approval of school readiness plans. The |
1737 | criteria must be consistent with the performance standards and |
1738 | outcome measures adopted by the agency and must require each |
1739 | approved plan to for the school readiness program must include |
1740 | the following minimum standards and provisions: |
1741 | a. A sliding fee scale establishing a copayment for |
1742 | parents based upon their ability to pay, which is the same for |
1743 | all program providers, to be implemented and reflected in each |
1744 | program's budget. |
1745 | b. A choice of settings and locations in licensed, |
1746 | registered, religious-exempt, or school-based programs to be |
1747 | provided to parents. |
1748 | c. Instructional staff who have completed the training |
1749 | course as required in s. 402.305(2)(d)1., as well as staff who |
1750 | have additional training or credentials as required by the |
1751 | Agency for Workforce Innovation partnership. The plan must |
1752 | provide a method for assuring the qualifications of all |
1753 | personnel in all program settings. |
1754 | d. Specific eligibility priorities for children within the |
1755 | early learning coalition's county or multicounty region in |
1756 | accordance with pursuant to subsection (6). |
1757 | e. Performance standards and outcome measures adopted |
1758 | established by the Agency for Workforce Innovation partnership |
1759 | or alternatively, standards and outcome measures to be used |
1760 | until such time as the partnership adopts such standards and |
1761 | outcome measures. |
1762 | f. Payment Reimbursement rates adopted that have been |
1763 | developed by the early learning coalition and approved by the |
1764 | Agency for Workforce Innovation. Payment Reimbursement rates may |
1765 | shall not have the effect of limiting parental choice or |
1766 | creating standards or levels of services that have not been |
1767 | authorized by the Legislature. |
1768 | g. Systems support services, including a central agency, |
1769 | child care resource and referral, eligibility determinations, |
1770 | training of providers, and parent support and involvement. |
1771 | h. Direct enhancement services to families and children. |
1772 | System support and direct enhancement services shall be in |
1773 | addition to payments for the placement of children in school |
1774 | readiness programs. |
1775 | i. The A business organization of the early learning |
1776 | coalition plan, which must include the coalition's articles of |
1777 | incorporation and bylaws if the coalition is organized as a |
1778 | corporation. If the coalition is not organized as a corporation |
1779 | or other business entity, the plan must include the contract |
1780 | with a fiscal school readiness agent if the coalition is not a |
1781 | legally established corporate entity. An early learning |
1782 | coalition Coalitions may contract with other coalitions to |
1783 | achieve efficiency in multicounty multiple-county services, and |
1784 | these such contracts may be part of the coalition's school |
1785 | readiness business plan. |
1786 | j. Strategies to meet the needs of unique populations, |
1787 | such as migrant workers. |
1788 |
|
1789 | As part of the school readiness plan, the early learning |
1790 | coalition may request the Governor to apply for a waiver to |
1791 | allow the coalition to administer the Head Start Program to |
1792 | accomplish the purposes of the school readiness program. If a |
1793 | any school readiness plan demonstrates can demonstrate that |
1794 | specific statutory goals can be achieved more effectively by |
1795 | using procedures that require modification of existing rules, |
1796 | policies, or procedures, a request for a waiver to the Agency |
1797 | for Workforce Innovation partnership may be submitted made as |
1798 | part of the plan. Upon review, the Agency for Workforce |
1799 | Innovation partnership may grant the proposed modification. |
1800 | 5.4. Persons with an early childhood teaching certificate |
1801 | may provide support and supervision to other staff in the school |
1802 | readiness program. |
1803 | 6.5. An early learning The coalition may not implement its |
1804 | school readiness plan until it submits the plan to and receives |
1805 | approval from the Agency for Workforce Innovation partnership. |
1806 | Once the plan is has been approved, the plan and the services |
1807 | provided under the plan shall be controlled by the early |
1808 | learning coalition rather than by the state agencies or |
1809 | departments. The plan shall be reviewed and revised as |
1810 | necessary, but at least biennially. An early learning coalition |
1811 | may not implement the revisions until the coalition submits the |
1812 | revised plan to and receives approval from the Agency for |
1813 | Workforce Innovation. If the Agency for Workforce Innovation |
1814 | rejects a revised plan, the coalition must continue to operate |
1815 | under its prior approved plan. |
1816 | 7.6. Sections The following statutes will not apply to |
1817 | local coalitions with approved plans: ss. 125.901(2)(a)3., |
1818 | 411.221, and 411.232 do not apply to an early learning coalition |
1819 | with an approved school readiness plan. To facilitate innovative |
1820 | practices and to allow the regional local establishment of |
1821 | school readiness programs, an early learning a school readiness |
1822 | coalition may apply to the Governor and Cabinet for a waiver of, |
1823 | and the Governor and Cabinet may waive, any of the provisions of |
1824 | ss. 411.223, 411.232, and 1003.54, if the waiver is necessary |
1825 | for implementation of the coalition's school readiness plan. |
1826 | 8.7. Two or more counties may join for purposes the |
1827 | purpose of planning and implementing a school readiness program. |
1828 | 9.8. An early learning A coalition may, subject to |
1829 | approval by of the Agency for Workforce Innovation partnership |
1830 | as part of the coalition's school readiness plan, receive |
1831 | subsidized child care funds for all children eligible for any |
1832 | federal subsidized child care program and be the provider of the |
1833 | program services. |
1834 | 10.9. An early learning coalition may Coalitions are |
1835 | authorized to enter into multiparty contracts with multicounty |
1836 | service providers in order to meet the needs of unique |
1837 | populations such as migrant workers. |
1838 | (e) Requests for proposals; payment schedule.-- |
1839 | 1. At least once every 3 years, beginning July 1, 2001, |
1840 | Each early learning coalition must comply with follow the |
1841 | competitive procurement requirements of s. 287.057 for the |
1842 | procurement of commodities or contractual services from the |
1843 | funds described in paragraph (9)(d) school readiness programs. |
1844 | The period of a contract for purchase of these commodities or |
1845 | contractual services, together with any renewal of the original |
1846 | contract, may not exceed 3 years. |
1847 | 2. Each early learning coalition shall adopt develop a |
1848 | payment schedule that encompasses all programs funded by the |
1849 | that coalition under this section. The payment schedule must |
1850 | take into consideration the relevant market rate, must include |
1851 | the projected number of children to be served, and must be |
1852 | submitted for approval by to the Agency for Workforce Innovation |
1853 | partnership for information. Informal child care arrangements |
1854 | shall be reimbursed at not more than 50 percent of the rate |
1855 | developed for a family day care home childcare. |
1856 | (f) Requirements relating to fiscal agents.--If an early |
1857 | learning the local coalition is not a legally organized as a |
1858 | corporation or other business established corporate entity, the |
1859 | coalition must designate a fiscal agent, which may be a public |
1860 | entity, or a private nonprofit organization, or a certified |
1861 | public accountant who holds a license under chapter 473. The |
1862 | fiscal agent must shall be required to provide financial and |
1863 | administrative services under pursuant to a contract or |
1864 | agreement with the early learning school readiness coalition. |
1865 | The fiscal agent may not provide direct early childhood |
1866 | education or child care services; however, a fiscal agent may |
1867 | provide those such services upon written request of the early |
1868 | learning coalition to the Agency for Workforce Innovation |
1869 | partnership and upon the approval of the such request by the |
1870 | agency partnership. The cost of the financial and administrative |
1871 | services shall be negotiated between the fiscal agent and the |
1872 | early learning school readiness coalition. If the fiscal agent |
1873 | is a provider of early childhood education and child care |
1874 | programs, the contract must specify that the fiscal agent shall |
1875 | will act on policy direction from the early learning coalition |
1876 | and must will not receive policy direction from its own |
1877 | corporate board regarding disbursal of the coalition's coalition |
1878 | funds. The fiscal agent shall disburse funds in accordance with |
1879 | the early learning coalition's approved coalition school |
1880 | readiness plan and based on billing and disbursement procedures |
1881 | approved by the Agency for Workforce Innovation partnership. The |
1882 | fiscal agent must conform to all data-reporting requirements |
1883 | established by the Agency for Workforce Innovation partnership. |
1884 | (g) Evaluation and annual report.--Each early learning |
1885 | school readiness coalition shall conduct an evaluation of the |
1886 | effectiveness of the school readiness program, including |
1887 | performance standards and outcome measures, and shall provide an |
1888 | annual report and fiscal statement to the Agency for Workforce |
1889 | Innovation Florida Partnership for School Readiness. This report |
1890 | must conform to the content and format specifications set by the |
1891 | Agency for Workforce Innovation Florida Partnership for School |
1892 | Readiness. The Agency for Workforce Innovation partnership must |
1893 | include an analysis of the early learning coalitions' coalition |
1894 | reports in the agency's its annual report. |
1895 | (6) PROGRAM ELIGIBILITY.--Each early learning coalition's |
1896 | The school readiness program shall be established for children |
1897 | from birth to the beginning of the school year for which a child |
1898 | is eligible for admission to under the age of kindergarten in a |
1899 | public school under s. 1003.21(1)(a)2. eligibility. Priority for |
1900 | participation in the school readiness program shall be given to |
1901 | children age 3 years to school entry who are served by the |
1902 | Family Safety Program Office of the Department of Children and |
1903 | Family Services or a community-based lead agency under pursuant |
1904 | to chapter 39 and for whom child care is needed to minimize risk |
1905 | of further abuse, neglect, or abandonment. Other eligible |
1906 | populations include children who meet one or more of the |
1907 | following criteria: |
1908 | (a) Children under the age of kindergarten eligibility who |
1909 | are: |
1910 | 1. Children determined to be at risk of abuse, neglect, or |
1911 | exploitation who are currently clients of the Family Safety |
1912 | Program Office of the Department of Children and Family |
1913 | Services, but who are not otherwise given priority under this |
1914 | subsection. |
1915 | 2.1. Children at risk of welfare dependency, including |
1916 | economically disadvantaged children, children of participants in |
1917 | the welfare transition program, children of migrant farmworkers, |
1918 | and children of teen parents. |
1919 | 3.2. Children of working families whose family income does |
1920 | not exceed 150 percent of the federal poverty level. |
1921 | 4.3. Children for whom the state is paying a relative |
1922 | caregiver payment under s. 39.5085. |
1923 | (b) Three-year-old children and 4-year-old children who |
1924 | may not be economically disadvantaged but who have disabilities, |
1925 | have been served in a specific part-time or combination of part- |
1926 | time exceptional education programs with required special |
1927 | services, aids, or equipment, and were previously reported for |
1928 | funding part time with the Florida Education Finance Program as |
1929 | exceptional students. |
1930 | (c) Economically disadvantaged children, children with |
1931 | disabilities, and children at risk of future school failure, |
1932 | from birth to 4 years of age, who are served at home through |
1933 | home visitor programs and intensive parent education programs |
1934 | such as the Florida First Start Program. |
1935 | (d) Children who meet federal and state eligibility |
1936 | requirements for eligibility for the migrant preschool program |
1937 | but who do not meet the criteria of economically disadvantaged. |
1938 |
|
1939 | As used in this subsection, the term An "economically |
1940 | disadvantaged" child means a child whose family income does not |
1941 | exceed is below 150 percent of the federal poverty level. |
1942 | Notwithstanding any change in a family's economic status, but |
1943 | subject to additional family contributions in accordance with |
1944 | the sliding fee scale, a child who meets the eligibility |
1945 | requirements upon initial registration for the program remains |
1946 | shall be considered eligible until the beginning of the school |
1947 | year for which the child is eligible for admission to reaches |
1948 | kindergarten in a public school under s. 1003.21(1)(a)2. age. |
1949 | (7) PARENTAL CHOICE.-- |
1950 | (a) The school readiness program shall provide parental |
1951 | choice through pursuant to a purchase service order that |
1952 | ensures, to the maximum extent possible, flexibility in school |
1953 | readiness programs and payment arrangements. According to |
1954 | federal regulations requiring parental choice, a parent may |
1955 | choose an informal child care arrangement. The purchase order |
1956 | must bear the name of the beneficiary and the program provider |
1957 | and, when redeemed, must bear the signature of both the |
1958 | beneficiary and an authorized representative of the provider. |
1959 | (b) If it is determined that a provider has provided any |
1960 | cash to the beneficiary in return for receiving the purchase |
1961 | order, the early learning coalition or its fiscal agent shall |
1962 | refer the matter to the Division of Public Assistance Fraud for |
1963 | investigation. |
1964 | (c) The office of the Chief Financial Officer shall |
1965 | establish an electronic transfer system for the disbursement of |
1966 | funds in accordance with this subsection. Each early learning |
1967 | coalition School readiness coalitions shall fully implement the |
1968 | electronic funds transfer system within 2 years after plan |
1969 | approval of the coalition's school readiness plan, unless a |
1970 | waiver is obtained from the Agency for Workforce Innovation |
1971 | partnership. |
1972 | (8) STANDARDS; OUTCOME MEASURES.--All publicly funded |
1973 | school readiness programs must shall be required to meet the |
1974 | performance standards and outcome measures adopted developed and |
1975 | approved by the Agency for Workforce Innovation partnership. The |
1976 | Office of Program Policy Analysis and Government Accountability |
1977 | shall provide consultation to the partnership in the development |
1978 | of the measures and standards. These performance standards and |
1979 | outcome measures shall be applicable on a statewide basis. |
1980 | (9) FUNDING; SCHOOL READINESS PROGRAM.-- |
1981 | (a) It is the intent of this section to establish an |
1982 | integrated and quality seamless service delivery system for all |
1983 | publicly funded early childhood education and child care |
1984 | programs operating in this state. |
1985 | (b) Notwithstanding s. 20.50: |
1986 | 1. The Agency for Workforce Innovation shall administer |
1987 | school readiness funds, plans, and policies pursuant to the |
1988 | contract with the Florida Partnership for School Readiness and |
1989 | shall prepare and submit a unified budget request for the school |
1990 | readiness system program in accordance with chapter 216. |
1991 | 2. All instructions to early learning local school |
1992 | readiness coalitions for administering this section shall |
1993 | emanate from the Agency for Workforce Innovation in accordance |
1994 | with the pursuant to policies of the Legislature, plans of the |
1995 | Florida Partnership for School Readiness, and the contract |
1996 | between the Florida Partnership for School Readiness and the |
1997 | agency. |
1998 | (c) The Agency for Workforce Innovation shall adopt |
1999 | prepare a formula plan that provides for the allocation among |
2000 | the early learning coalitions distribution and expenditure of |
2001 | all state and federal school readiness funds for children |
2002 | participating in public or private school readiness programs |
2003 | based upon an equity and performance funding formula. The |
2004 | allocation formula must plan shall be submitted to the Governor |
2005 | and the Legislative Budget Commission. Upon approval, the |
2006 | Legislative Budget Commission shall authorize the transfer of |
2007 | funds to the Agency for Workforce Innovation to distribute funds |
2008 | for distribution in accordance with the allocation provisions of |
2009 | the formula. For fiscal year 2004-2005, the Agency for Workforce |
2010 | Innovation shall allocate funds to the early learning coalitions |
2011 | consistent with the fiscal year 2003-2004 funding allocations to |
2012 | the school readiness coalitions. |
2013 | (d) All state funds budgeted for a county for the programs |
2014 | specified in subsection (3), along with the pro rata share of |
2015 | the state administrative costs of those programs in the amount |
2016 | as determined by the partnership, all federal, funds and |
2017 | required local maintenance-of-effort or matching funds provided |
2018 | to an early learning coalition for a county for programs |
2019 | specified in subsection (3), and any additional funds |
2020 | appropriated or obtained for purposes of this section, shall be |
2021 | used by transferred for the benefit of the coalition for |
2022 | implementation of its school readiness plan, including the |
2023 | hiring of staff to effectively operate the coalition's school |
2024 | readiness program. As part of plan approval and periodic plan |
2025 | review, the Agency for Workforce Innovation partnership shall |
2026 | require that administrative costs be kept to the minimum |
2027 | necessary for efficient and effective administration of the |
2028 | school readiness plan, but total administrative expenditures |
2029 | must shall not exceed 5 percent unless specifically waived by |
2030 | the Agency for Workforce Innovation partnership. The Agency for |
2031 | Workforce Innovation partnership shall annually report to the |
2032 | Legislature any problems relating to administrative costs. |
2033 | (e) The Agency for Workforce Innovation partnership shall |
2034 | annually distribute, to a maximum extent practicable, all |
2035 | eligible funds provided under this section as block grants to |
2036 | the early learning assist coalitions in integrating services and |
2037 | funding to develop a quality service delivery system. Subject to |
2038 | appropriation, the partnership may also provide financial awards |
2039 | to coalitions demonstrating success in merging and integrating |
2040 | funding streams to serve children and school readiness programs. |
2041 | (f) State funds appropriated for the school readiness |
2042 | program may not be used for the construction of new facilities |
2043 | or the purchase of buses. The Agency for Workforce Innovation |
2044 | partnership shall present to the Legislature recommendations for |
2045 | providing necessary transportation services for school readiness |
2046 | programs. |
2047 | (g) All cost savings and all revenues received through a |
2048 | mandatory sliding fee scale shall be used to help fund each |
2049 | early learning coalition's the local school readiness program. |
2050 | (10) SCHOOL READINESS UNIFORM SCREENING.--The Department |
2051 | of Education shall implement a school readiness uniform |
2052 | screening, including a pilot program during the 2001-2002 school |
2053 | year, to validate the system recommended by the Florida |
2054 | Partnership for School Readiness as part of a comprehensive |
2055 | evaluation design. Beginning with the 2002-2003 school year, the |
2056 | department shall require that all school districts administer |
2057 | the school readiness uniform screening to each kindergarten |
2058 | student in the district school system upon the student's entry |
2059 | into kindergarten. Children who enter public school for the |
2060 | first time in first grade must undergo a uniform screening |
2061 | adopted for use in first grade. The department shall incorporate |
2062 | school readiness data into the K-20 data warehouse for |
2063 | longitudinal tracking. Notwithstanding s. 1002.22, the |
2064 | department shall provide the partnership and the Agency for |
2065 | Workforce Innovation with complete and full access to |
2066 | kindergarten uniform screening data at the student, school, |
2067 | district, and state levels in a format that will enable the |
2068 | partnership and the agency to prepare reports needed by state |
2069 | policymakers and local school readiness coalitions to access |
2070 | progress toward school readiness goals and provide input for |
2071 | continuous improvement of local school readiness services and |
2072 | programs. |
2073 | (11) REPORTS.--The Office of Program Policy Analysis and |
2074 | Government Accountability shall assess the implementation, |
2075 | efficiency, and outcomes of the school readiness program and |
2076 | report its findings to the President of the Senate and the |
2077 | Speaker of the House of Representatives by January 1, 2002. |
2078 | Subsequent reviews shall be conducted at the direction of the |
2079 | Joint Legislative Auditing Committee. |
2080 | (10)(12) CONFLICTING PROVISIONS.--In the event of a |
2081 | conflict between the provisions of this section and federal |
2082 | requirements, the federal requirements shall control. |
2083 | (11)(13) PLACEMENTS.--Notwithstanding any other provision |
2084 | of this section to the contrary, and for fiscal year 2004-2005 |
2085 | only, the first children to be placed in the school readiness |
2086 | program shall be those from families receiving temporary cash |
2087 | assistance and subject to federal work requirements. Subsequent |
2088 | placements shall be made in accordance with subsection (6) |
2089 | pursuant to the provisions of this section. This subsection |
2090 | expires July 1, 2005. |
2091 | Section 3. Paragraph (p) of subsection (3) of section |
2092 | 11.45, Florida Statutes, is amended to read: |
2093 | 11.45 Definitions; duties; authorities; reports; rules.-- |
2094 | (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.--The |
2095 | Auditor General may, pursuant to his or her own authority, or at |
2096 | the direction of the Legislative Auditing Committee, conduct |
2097 | audits or other engagements as determined appropriate by the |
2098 | Auditor General of: |
2099 | (p) The school readiness system, including the early |
2100 | learning coalitions, Florida Partnership for School Readiness |
2101 | created under pursuant to s. 411.01. |
2102 | Section 4. Subsection (2) of section 20.50, Florida |
2103 | Statutes, is amended to read: |
2104 | 20.50 Agency for Workforce Innovation.--There is created |
2105 | the Agency for Workforce Innovation within the Department of |
2106 | Management Services. The agency shall be a separate budget |
2107 | entity, and the director of the agency shall be the agency head |
2108 | for all purposes. The agency shall not be subject to control, |
2109 | supervision, or direction by the Department of Management |
2110 | Services in any manner, including, but not limited to, |
2111 | personnel, purchasing, transactions involving real or personal |
2112 | property, and budgetary matters. |
2113 | (2) The Agency for Workforce Innovation is shall be the |
2114 | designated administrative agency designated for receipt of |
2115 | federal workforce development grants and other federal funds. |
2116 | The agency, and shall administer carry out the duties and |
2117 | responsibilities assigned by the Governor under each federal |
2118 | grant assigned to the agency. The agency shall be a separate |
2119 | budget entity and shall expend each revenue source as provided |
2120 | by federal and state law and as provided in plans developed by |
2121 | and agreements with Workforce Florida, Inc. The agency shall |
2122 | prepare and submit as a separate budget entity a unified budget |
2123 | request for workforce development, in accordance with chapter |
2124 | 216 for, and in conjunction with, Workforce Florida, Inc., and |
2125 | its board. The head of the agency is the director of Workforce |
2126 | Innovation, who shall be appointed by the Governor. The |
2127 | accountability and reporting functions of the agency shall be |
2128 | administered by the director or his or her designee. Included in |
2129 | These functions shall include are budget management, financial |
2130 | management, audit, performance management standards and |
2131 | controls, assessing outcomes of service delivery, and financial |
2132 | administration of workforce programs under pursuant to s. |
2133 | 445.004(5) and (9). Within the agency's overall organizational |
2134 | structure, The agency shall include the following offices within |
2135 | its organizational structure, which shall have the specified |
2136 | responsibilities: |
2137 | (a) The Office of Workforce Services shall administer the |
2138 | unemployment compensation program, the Rapid Response program, |
2139 | the Work Opportunity Tax Credit program, the Alien Labor |
2140 | Certification program, and any other programs that are delivered |
2141 | directly by agency staff rather than through the one-stop |
2142 | delivery system. The office shall be directed by the Deputy |
2143 | Director for Workforce Services, who shall be appointed by and |
2144 | serve at the pleasure of the director. |
2145 | (b) The Office of Program Support and Accountability shall |
2146 | administer state merit system program staff within the workforce |
2147 | service delivery system, under the pursuant to policies of |
2148 | Workforce Florida, Inc. The office is shall be responsible for |
2149 | delivering services through the one-stop delivery system and for |
2150 | ensuring that participants in welfare transition programs |
2151 | receive case management services, diversion assistance, support |
2152 | services, including subsidized child care and transportation |
2153 | services, Medicaid services, and transition assistance to enable |
2154 | them to succeed in the workforce. The office is shall also be |
2155 | responsible for program quality assurance, grants and contract |
2156 | management, contracting, financial management, and reporting. |
2157 | The office shall be directed by the Deputy Director for Program |
2158 | Support and Accountability, who shall be appointed by and serve |
2159 | at the pleasure of the director. The office is shall be |
2160 | responsible for: |
2161 | 1. Establishing monitoring, quality assurance, and quality |
2162 | improvement systems that routinely assess the quality and |
2163 | effectiveness of contracted programs and services. |
2164 | 2. Annual review of each regional workforce board and |
2165 | administrative entity to ensure that adequate systems of |
2166 | reporting and control are in place; that, and monitoring, |
2167 | quality assurance, and quality improvement activities are |
2168 | conducted routinely;, and that corrective action is taken to |
2169 | eliminate deficiencies. |
2170 | (c) The Office of Early Learning shall administer the |
2171 | school readiness system in accordance with s. 411.01 and the |
2172 | operational requirements of the Voluntary Prekindergarten |
2173 | Education Program in accordance with part V of chapter 1002. The |
2174 | office shall be directed by the Deputy Director for Early |
2175 | Learning, who shall be appointed by and serve at the pleasure of |
2176 | the director. |
2177 | (d)(c) The Office of Agency Support Services is shall be |
2178 | responsible for procurement, human resource services, and |
2179 | information services including delivering information on labor |
2180 | markets, employment, occupations, and performance, and shall |
2181 | implement and maintain information systems that are required for |
2182 | the effective operation of the one-stop delivery system and the |
2183 | school readiness services system, including, but not limited to, |
2184 | those systems described in s. 445.009. The office shall will be |
2185 | directed by under the direction of the Deputy Director for |
2186 | Agency Support Services, who shall be appointed by and serve at |
2187 | the pleasure of the director. The office is shall be responsible |
2188 | for establishing: |
2189 | 1. Information systems and controls that report reliable, |
2190 | timely and accurate fiscal and performance data for assessing |
2191 | outcomes, service delivery, and financial administration of |
2192 | workforce programs under pursuant to s. 445.004(5) and (9). |
2193 | 2. Information systems that support service integration |
2194 | and case management by providing for case tracking for |
2195 | participants in welfare transition programs. |
2196 | 3. Information systems that support the school readiness |
2197 | system services. |
2198 | (e)(d) The Unemployment Appeals Commission, authorized by |
2199 | s. 443.012, is shall not be subject to the control, supervision, |
2200 | or direction by the Agency for Workforce Innovation in the |
2201 | performance of its powers and duties but shall receive any and |
2202 | all support and assistance from the agency that is may be |
2203 | required for the performance of its duties. |
2204 | Section 5. Paragraph (b) of subsection (1) of section |
2205 | 125.901, Florida Statutes, is amended to read: |
2206 | 125.901 Children's services; independent special district; |
2207 | council; powers, duties, and functions.-- |
2208 | (1) Each county may by ordinance create an independent |
2209 | special district, as defined in ss. 189.403(3) and |
2210 | 200.001(8)(e), to provide funding for children's services |
2211 | throughout the county in accordance with this section. The |
2212 | boundaries of such district shall be coterminous with the |
2213 | boundaries of the county. The county governing body shall obtain |
2214 | approval, by a majority vote of those electors voting on the |
2215 | question, to annually levy ad valorem taxes which shall not |
2216 | exceed the maximum millage rate authorized by this section. Any |
2217 | district created pursuant to the provisions of this subsection |
2218 | shall be required to levy and fix millage subject to the |
2219 | provisions of s. 200.065. Once such millage is approved by the |
2220 | electorate, the district shall not be required to seek approval |
2221 | of the electorate in future years to levy the previously |
2222 | approved millage. |
2223 | (b) However, any county as defined in s. 125.011(1) may |
2224 | instead have a governing board consisting of 33 members, |
2225 | including: the superintendent of schools; two representatives of |
2226 | public postsecondary education institutions located in the |
2227 | county; the county manager or the equivalent county officer; the |
2228 | district administrator from the appropriate district of the |
2229 | Department of Children and Family Services, or the |
2230 | administrator's designee who is a member of the Senior |
2231 | Management Service or the Selected Exempt Service; the director |
2232 | of the county health department or the director's designee; the |
2233 | state attorney for the county or the state attorney's designee; |
2234 | the chief judge assigned to juvenile cases, or another juvenile |
2235 | judge who is the chief judge's designee and who shall sit as a |
2236 | voting member of the board, except that the judge may not vote |
2237 | or participate in setting ad valorem taxes under this section; |
2238 | an individual who is selected by the board of the local United |
2239 | Way or its equivalent; a member of a locally recognized faith- |
2240 | based coalition, selected by that coalition; a member of the |
2241 | local chamber of commerce, selected by that chamber or, if more |
2242 | than one chamber exists within the county, a person selected by |
2243 | a coalition of the local chambers; a member of the early |
2244 | learning local school readiness coalition, selected by that |
2245 | coalition; a representative of a labor organization or union |
2246 | active in the county; a member of a local alliance or coalition |
2247 | engaged in cross-system planning for health and social service |
2248 | delivery in the county, selected by that alliance or coalition; |
2249 | a member of the local Parent-Teachers Association/Parent- |
2250 | Teacher-Student Association, selected by that association; a |
2251 | youth representative selected by the local school system's |
2252 | student government; a local school board member appointed by the |
2253 | chair of the school board; the mayor of the county or the |
2254 | mayor's designee; one member of the county governing body, |
2255 | appointed by the chair of that body; a member of the state |
2256 | Legislature who represents residents of the county, selected by |
2257 | the chair of the local legislative delegation; an elected |
2258 | official representing the residents of a municipality in the |
2259 | county, selected by the county municipal league; and 4 members- |
2260 | at-large, appointed to the council by the majority of sitting |
2261 | council members. The remaining 7 members shall be appointed by |
2262 | the Governor in accordance with procedures set forth in |
2263 | paragraph (a), except that the Governor may remove a member for |
2264 | cause or upon the written petition of the council. Appointments |
2265 | by the Governor must, to the extent reasonably possible, |
2266 | represent the geographic and demographic diversity of the |
2267 | population of the county. Members who are appointed to the |
2268 | council by reason of their position are not subject to the |
2269 | length of terms and limits on consecutive terms as provided in |
2270 | this section. The remaining appointed members of the governing |
2271 | board shall be appointed to serve 2-year terms, except that |
2272 | those members appointed by the Governor shall be appointed to |
2273 | serve 4-year terms, and the youth representative and the |
2274 | legislative delegate shall be appointed to serve 1-year terms. A |
2275 | member may be reappointed; however, a member may not serve for |
2276 | more than three consecutive terms. A member is eligible to be |
2277 | appointed again after a 2-year hiatus from the council. |
2278 | Section 6. Subsection (1) of section 216.133, Florida |
2279 | Statutes, is amended to read: |
2280 | 216.133 Definitions; ss. 216.133-216.137.--As used in ss. |
2281 | 216.133-216.137: |
2282 | (1) "Consensus estimating conference" includes the |
2283 | Economic Estimating Conference, the Demographic Estimating |
2284 | Conference, the Revenue Estimating Conference, the Education |
2285 | Estimating Conference, the Criminal Justice Estimating |
2286 | Conference, the Juvenile Justice Estimating Conference, the |
2287 | Child Welfare System Estimating Conference, the Occupational |
2288 | Forecasting Conference, the Early Learning Programs School |
2289 | Readiness Program Estimating Conference, the Self-Insurance |
2290 | Estimating Conference, the Florida Retirement System Actuarial |
2291 | Assumption Conference, and the Social Services Estimating |
2292 | Conference. |
2293 | Section 7. Subsection (10) of section 216.136, Florida |
2294 | Statutes, is amended to read: |
2295 | 216.136 Consensus estimating conferences; duties and |
2296 | principals.-- |
2297 | (10) EARLY LEARNING PROGRAMS SCHOOL READINESS PROGRAM |
2298 | ESTIMATING CONFERENCE.-- |
2299 | (a) Duties.-- |
2300 | 1. The Early Learning Programs School Readiness Program |
2301 | Estimating Conference shall develop estimates and forecasts of |
2302 | the unduplicated count of children eligible for school readiness |
2303 | programs in accordance with the standards of eligibility |
2304 | established in s. 411.01(6), and of children eligible for the |
2305 | Voluntary Prekindergarten Education Program in accordance with |
2306 | s. 1002.53(2), as the conference determines are needed to |
2307 | support the state planning, budgeting, and appropriations |
2308 | processes. |
2309 | 2. The Agency for Workforce Innovation Florida Partnership |
2310 | for School Readiness shall provide information on needs and |
2311 | waiting lists for school readiness programs, and information on |
2312 | the needs for the Voluntary Prekindergarten Education Program, |
2313 | as program services requested by the Early Learning Programs |
2314 | School Readiness Program Estimating Conference or individual |
2315 | conference principals in a timely manner. |
2316 | (b) Principals.--The Executive Office of the Governor, the |
2317 | Director of Economic and Demographic Research, and professional |
2318 | staff who have forecasting expertise from the Florida |
2319 | Partnership for School Readiness, the Agency for Workforce |
2320 | Innovation, the Department of Children and Family Services, the |
2321 | Department of Education, the Senate, and the House of |
2322 | Representatives, or their designees, are the principals of the |
2323 | Early Learning Programs School Readiness Program Estimating |
2324 | Conference. The principal representing the Executive Office of |
2325 | the Governor shall preside over sessions of the conference. |
2326 | Section 8. Section 402.3016, Florida Statutes, is amended |
2327 | to read: |
2328 | 402.3016 Early Head Start collaboration grants.-- |
2329 | (1) Contingent upon specific appropriations, the Agency |
2330 | for Workforce Innovation Florida Partnership for School |
2331 | Readiness shall establish a program to award collaboration |
2332 | grants to assist local agencies in securing Early Head Start |
2333 | programs through Early Head Start program federal grants. The |
2334 | collaboration grants shall provide the required matching funds |
2335 | for public and private nonprofit agencies that have been |
2336 | approved for Early Head Start program federal grants. |
2337 | (2) Public and private nonprofit agencies providing Early |
2338 | Head Start programs applying for collaborative grants must: |
2339 | (a) Ensure quality performance by meeting the requirements |
2340 | in the Head Start program performance standards and other |
2341 | applicable rules and regulations; |
2342 | (b) Ensure collaboration with other service providers at |
2343 | the local level; and |
2344 | (c) Ensure that a comprehensive array of health, |
2345 | nutritional, and other services are provided to the program's |
2346 | pregnant women and very young children, and their families. |
2347 | (3) The Agency for Workforce Innovation partnership shall |
2348 | report to the Legislature on an annual basis the number of |
2349 | agencies receiving Early Head Start collaboration grants and the |
2350 | number of children served. |
2351 | (4) The Agency for Workforce Innovation partnership may |
2352 | adopt rules under ss. 120.536(1) and 120.54 as necessary for the |
2353 | award of collaboration grants to competing agencies and the |
2354 | administration of the collaboration grants program under this |
2355 | section. |
2356 | Section 9. Section 411.011, Florida Statutes, is amended |
2357 | to read: |
2358 | 411.011 Records of children in school readiness |
2359 | programs.--The individual records of children enrolled in school |
2360 | readiness programs provided under s. 411.01, when held in the |
2361 | possession of the early learning school readiness coalition or |
2362 | the Agency for Workforce Innovation Florida Partnership for |
2363 | School Readiness, are confidential and exempt from the |
2364 | provisions of s. 119.07 and s. 24(a), Art. I of the State |
2365 | Constitution. For the purposes of this section, records include |
2366 | assessment data, health data, records of teacher observations, |
2367 | and identifying data, including the child's social security |
2368 | number. A parent, guardian, or individual acting as a parent in |
2369 | the absence of a parent or guardian has the right to inspect and |
2370 | review the individual school readiness program record of his or |
2371 | her child and to obtain a copy of the record. School readiness |
2372 | records may be released to the United States Secretary of |
2373 | Education, the United States Secretary of Health and Human |
2374 | Services, and the Comptroller General of the United States for |
2375 | the purpose of federal audits; to individuals or organizations |
2376 | conducting studies for institutions to develop, validate, or |
2377 | administer assessments or improve instruction; to accrediting |
2378 | organizations in order to carry out their accrediting functions; |
2379 | to appropriate parties in connection with an emergency if the |
2380 | information is necessary to protect the health or safety of the |
2381 | student or other individuals; to the Auditor General in |
2382 | connection with his or her official functions; to a court of |
2383 | competent jurisdiction in compliance with an order of that court |
2384 | in accordance with pursuant to a lawfully issued subpoena; and |
2385 | to parties to an interagency agreement among early learning |
2386 | school readiness coalitions, local governmental agencies, |
2387 | providers of school readiness programs, state agencies, and the |
2388 | Agency for Workforce Innovation Florida Partnership for School |
2389 | Readiness for the purpose of implementing the school readiness |
2390 | program. Agencies, organizations, or individuals that receive |
2391 | school readiness records in order to carry out their official |
2392 | functions must protect the data in a manner that does will not |
2393 | permit the personal identification of students and their parents |
2394 | by persons other than those authorized to receive the records. |
2395 | This section is subject to the Open Government Sunset Review Act |
2396 | of 1995 in accordance with s. 119.15 and shall stand repealed on |
2397 | October 2, 2005, unless reviewed and saved from repeal through |
2398 | reenactment by the Legislature. |
2399 | Section 10. Paragraph (e) of subsection (2) of section |
2400 | 411.226, Florida Statutes, is amended to read: |
2401 | 411.226 Learning Gateway.-- |
2402 | (2) LEARNING GATEWAY STEERING COMMITTEE.-- |
2403 | (e) To support and facilitate system improvements, the |
2404 | steering committee must consult with representatives from the |
2405 | Department of Education, the Department of Health, the Agency |
2406 | for Workforce Innovation Florida Partnership for School |
2407 | Readiness, the Department of Children and Family Services, the |
2408 | Agency for Health Care Administration, the Department of |
2409 | Juvenile Justice, and the Department of Corrections and with the |
2410 | director of the Learning Development and Evaluation Center of |
2411 | Florida Agricultural and Mechanical University. |
2412 | Section 11. Paragraph (d) of subsection (1), paragraph (a) |
2413 | of subsection (2), and paragraph (c) of subsection (3) of |
2414 | section 411.227, Florida Statutes, are amended to read: |
2415 | 411.227 Components of the Learning Gateway.--The Learning |
2416 | Gateway system consists of the following components: |
2417 | (1) COMMUNITY EDUCATION STRATEGIES AND FAMILY-ORIENTED |
2418 | ACCESS.-- |
2419 | (d) In collaboration with other local resources, the |
2420 | demonstration projects shall develop public awareness strategies |
2421 | to disseminate information about developmental milestones, |
2422 | precursors of learning problems and other developmental delays, |
2423 | and the service system that is available. The information should |
2424 | target parents of children from birth through age 9 and should |
2425 | be distributed to parents, health care providers, and caregivers |
2426 | of children from birth through age 9. A variety of media should |
2427 | be used as appropriate, such as print, television, radio, and a |
2428 | community-based Internet website, as well as opportunities such |
2429 | as those presented by parent visits to physicians for well-child |
2430 | checkups. The Learning Gateway Steering Committee shall provide |
2431 | technical assistance to the local demonstration projects in |
2432 | developing and distributing educational materials and |
2433 | information. |
2434 | 1. Public awareness strategies targeting parents of |
2435 | children from birth through age 5 shall be designed to provide |
2436 | information to public and private preschool programs, child care |
2437 | childcare providers, pediatricians, parents, and local |
2438 | businesses and organizations. These strategies should include |
2439 | information on the school readiness performance standards for |
2440 | kindergarten adopted by the Agency for Workforce Innovation |
2441 | School Readiness Partnership Board. |
2442 | 2. Public awareness strategies targeting parents of |
2443 | children from ages 6 through 9 must be designed to disseminate |
2444 | training materials and brochures to parents and public and |
2445 | private school personnel, and must be coordinated with the local |
2446 | school board and the appropriate school advisory committees in |
2447 | the demonstration projects. The materials should contain |
2448 | information on state and district proficiency levels for grades |
2449 | K-3. |
2450 | (2) SCREENING AND DEVELOPMENTAL MONITORING.-- |
2451 | (a) In coordination with the Agency for Workforce |
2452 | Innovation Partnership for School Readiness, the Department of |
2453 | Education, and the Florida Pediatric Society, and using |
2454 | information learned from the local demonstration projects, the |
2455 | Learning Gateway Steering Committee shall establish guidelines |
2456 | for screening children from birth through age 9. The guidelines |
2457 | should incorporate recent research on the indicators most likely |
2458 | to predict early learning problems, mild developmental delays, |
2459 | child-specific precursors of school failure, and other related |
2460 | developmental indicators in the domains of cognition; |
2461 | communication; attention; perception; behavior; and social, |
2462 | emotional, sensory, and motor functioning. |
2463 | (3) EARLY EDUCATION, SERVICES AND SUPPORTS.-- |
2464 | (c) The steering committee, in cooperation with the |
2465 | Department of Children and Family Services, the Department of |
2466 | Education, and the Agency for Workforce Innovation Florida |
2467 | Partnership for School Readiness, shall identify the elements of |
2468 | an effective research-based curriculum for early care and |
2469 | education programs. |
2470 | Section 12. Subsection (1) of section 1001.23, Florida |
2471 | Statutes, is amended to read: |
2472 | 1001.23 Specific powers and duties of the Department of |
2473 | Education.--In addition to all other duties assigned to it by |
2474 | law or by rule of the State Board of Education, the department |
2475 | shall: |
2476 | (1) Adopt the statewide kindergarten school readiness |
2477 | uniform screening developed by the Florida Partnership for |
2478 | School Readiness, in accordance with s. 1002.69 the criteria |
2479 | itemized in chapter 1008. |
2480 | Section 13. Paragraph (d) of subsection (3) of section |
2481 | 1002.22, Florida Statutes, is amended to read: |
2482 | 1002.22 Student records and reports; rights of parents and |
2483 | students; notification; penalty.-- |
2484 | (3) RIGHTS OF PARENT OR STUDENT.--The parent of any |
2485 | student who attends or has attended any public school, career |
2486 | center, or public postsecondary educational institution shall |
2487 | have the following rights with respect to any records or reports |
2488 | created, maintained, and used by any public educational |
2489 | institution in the state. However, whenever a student has |
2490 | attained 18 years of age, or is attending a postsecondary |
2491 | educational institution, the permission or consent required of, |
2492 | and the rights accorded to, the parents of the student shall |
2493 | thereafter be required of and accorded to the student only, |
2494 | unless the student is a dependent student of such parents as |
2495 | defined in 26 U.S.C. s. 152 (s. 152 of the Internal Revenue Code |
2496 | of 1954). The State Board of Education shall adopt rules whereby |
2497 | parents or students may exercise these rights: |
2498 | (d) Right of privacy.--Every student has shall have a |
2499 | right of privacy with respect to the educational records kept on |
2500 | him or her. Personally identifiable records or reports of a |
2501 | student, and any personal information contained therein, are |
2502 | confidential and exempt from the provisions of s. 119.07(1). A |
2503 | state or local educational agency, board, public school, career |
2504 | center, or public postsecondary educational institution may not |
2505 | permit the release of such records, reports, or information |
2506 | without the written consent of the student's parent, or of the |
2507 | student himself or herself if he or she is qualified as provided |
2508 | in this subsection, to any individual, agency, or organization. |
2509 | However, personally identifiable records or reports of a student |
2510 | may be released to the following persons or organizations |
2511 | without the consent of the student or the student's parent: |
2512 | 1. Officials of schools, school systems, career centers, |
2513 | or public postsecondary educational institutions in which the |
2514 | student seeks or intends to enroll; and a copy of such records |
2515 | or reports shall be furnished to the parent or student upon |
2516 | request. |
2517 | 2. Other school officials, including teachers within the |
2518 | educational institution or agency, who have legitimate |
2519 | educational interests in the information contained in the |
2520 | records. |
2521 | 3. The United States Secretary of Education, the Director |
2522 | of the National Institute of Education, the Assistant Secretary |
2523 | for Education, the Comptroller General of the United States, or |
2524 | state or local educational authorities who are authorized to |
2525 | receive such information subject to the conditions set forth in |
2526 | applicable federal statutes and regulations of the United States |
2527 | Department of Education, or in applicable state statutes and |
2528 | rules of the State Board of Education. |
2529 | 4. Other school officials, in connection with a student's |
2530 | application for or receipt of financial aid. |
2531 | 5. Individuals or organizations conducting studies for or |
2532 | on behalf of an institution or a board of education for the |
2533 | purpose of developing, validating, or administering predictive |
2534 | tests, administering student aid programs, or improving |
2535 | instruction, if the such studies are conducted in such a manner |
2536 | that does as will not permit the personal identification of |
2537 | students and their parents by persons other than representatives |
2538 | of such organizations and if the such information will be |
2539 | destroyed when no longer needed for the purpose of conducting |
2540 | such studies. |
2541 | 6. Accrediting organizations, in order to carry out their |
2542 | accrediting functions. |
2543 | 7. Early learning School readiness coalitions and the |
2544 | Agency for Workforce Innovation Florida Partnership for School |
2545 | Readiness in order to carry out their assigned duties. |
2546 | 8. For use as evidence in student expulsion hearings |
2547 | conducted by a district school board under pursuant to the |
2548 | provisions of chapter 120. |
2549 | 9. Appropriate parties in connection with an emergency, if |
2550 | knowledge of the information in the student's educational |
2551 | records is necessary to protect the health or safety of the |
2552 | student or other individuals. |
2553 | 10. The Auditor General and the Office of Program Policy |
2554 | Analysis and Government Accountability in connection with their |
2555 | official functions; however, except when the collection of |
2556 | personally identifiable information is specifically authorized |
2557 | by law, any data collected by the Auditor General and the Office |
2558 | of Program Policy Analysis and Government Accountability is |
2559 | confidential and exempt from the provisions of s. 119.07(1) and |
2560 | shall be protected in such a way that does as will not permit |
2561 | the personal identification of students and their parents by |
2562 | other than the Auditor General, the Office of Program Policy |
2563 | Analysis and Government Accountability, and their staff, and the |
2564 | such personally identifiable data shall be destroyed when no |
2565 | longer needed for the Auditor General's and the Office of |
2566 | Program Policy Analysis and Government Accountability's official |
2567 | use. |
2568 | 11.a. A court of competent jurisdiction in compliance with |
2569 | an order of that court or the attorney of record in accordance |
2570 | with pursuant to a lawfully issued subpoena, upon the condition |
2571 | that the student and the student's parent are notified of the |
2572 | order or subpoena in advance of compliance therewith by the |
2573 | educational institution or agency. |
2574 | b. A person or entity in accordance with pursuant to a |
2575 | court of competent jurisdiction in compliance with an order of |
2576 | that court or the attorney of record pursuant to a lawfully |
2577 | issued subpoena, upon the condition that the student, or his or |
2578 | her parent if the student is either a minor and not attending a |
2579 | postsecondary educational institution or a dependent of such |
2580 | parent as defined in 26 U.S.C. s. 152 (s. 152 of the Internal |
2581 | Revenue Code of 1954), is notified of the order or subpoena in |
2582 | advance of compliance therewith by the educational institution |
2583 | or agency. |
2584 | 12. Credit bureaus, in connection with an agreement for |
2585 | financial aid that the student has executed, if the provided |
2586 | that such information is may be disclosed only to the extent |
2587 | necessary to enforce the terms or conditions of the financial |
2588 | aid agreement. Credit bureaus shall not release any information |
2589 | obtained under pursuant to this paragraph to any person. |
2590 | 13. Parties to an interagency agreement among the |
2591 | Department of Juvenile Justice, school and law enforcement |
2592 | authorities, and other signatory agencies for the purpose of |
2593 | reducing juvenile crime and especially motor vehicle theft by |
2594 | promoting cooperation and collaboration, and the sharing of |
2595 | appropriate information in a joint effort to improve school |
2596 | safety, to reduce truancy and in-school and out-of-school |
2597 | suspensions, and to support alternatives to in-school and out- |
2598 | of-school suspensions and expulsions that provide structured and |
2599 | well-supervised educational programs supplemented by a |
2600 | coordinated overlay of other appropriate services designed to |
2601 | correct behaviors that lead to truancy, suspensions, and |
2602 | expulsions, and that support students in successfully completing |
2603 | their education. Information provided in furtherance of the such |
2604 | interagency agreements is intended solely for use in determining |
2605 | the appropriate programs and services for each juvenile or the |
2606 | juvenile's family, or for coordinating the delivery of the such |
2607 | programs and services, and as such is inadmissible in any court |
2608 | proceedings before prior to a dispositional hearing unless |
2609 | written consent is provided by a parent or other responsible |
2610 | adult on behalf of the juvenile. |
2611 | 14. Consistent with the Family Educational Rights and |
2612 | Privacy Act, the Department of Children and Family Services or a |
2613 | community-based care lead agency acting on behalf of the |
2614 | Department of Children and Family Services, as appropriate. |
2615 |
|
2616 | This paragraph does not prohibit any educational institution |
2617 | from publishing and releasing to the general public directory |
2618 | information relating to a student if the institution elects to |
2619 | do so. However, no educational institution shall release, to |
2620 | any individual, agency, or organization that is not listed in |
2621 | subparagraphs 1.-14., directory information relating to the |
2622 | student body in general or a portion thereof unless it is |
2623 | normally published for the purpose of release to the public in |
2624 | general. Any educational institution making directory |
2625 | information public shall give public notice of the categories of |
2626 | information that it has designated as directory information for |
2627 | with respect to all students attending the institution and shall |
2628 | allow a reasonable period of time after the such notice has been |
2629 | given for a parent or student to inform the institution in |
2630 | writing that any or all of the information designated should not |
2631 | be released. |
2632 | Section 14. Paragraph (c) of subsection (3) of section |
2633 | 1003.54, Florida Statutes, is amended to read: |
2634 | 1003.54 Teenage parent programs.-- |
2635 | (3) |
2636 | (c) Provision for necessary child care, health care, |
2637 | social services, parent education, and transportation shall be |
2638 | ancillary service components of teenage parent programs. |
2639 | Ancillary services may be provided through the coordination of |
2640 | existing programs and services and through joint agreements |
2641 | between district school boards and early learning local school |
2642 | readiness coalitions or other appropriate public and private |
2643 | providers. |
2644 | Section 15. Subsection (5) is added to section 1007.23, |
2645 | Florida Statutes, to read: |
2646 | 1007.23 Statewide articulation agreement.-- |
2647 | (5) The articulation agreement must guarantee the |
2648 | articulation of 9 credit hours toward a postsecondary degree in |
2649 | early childhood education for programs approved by the State |
2650 | Board of Education which: |
2651 | (a) Award a child development associate credential issued |
2652 | by the National Credentialing Program of the Council for |
2653 | Professional Recognition or award a credential approved under s. |
2654 | 1002.55(3)(c)1.b. or s. 402.305(3)(c) as being equivalent to the |
2655 | child development associate credential; and |
2656 | (b) Include training in emergent literacy which meets or |
2657 | exceeds the minimum standards for training courses for |
2658 | prekindergarten instructors of the Voluntary Prekindergarten |
2659 | Education Program in s. 1002.59. |
2660 | Section 16. (1) The Florida Partnership for School |
2661 | Readiness is abolished. All powers, duties, functions, rules, |
2662 | records, personnel, property, and unexpended balances of |
2663 | appropriations, allocations, and other funds of the Florida |
2664 | Partnership for School Readiness are transferred by a type two |
2665 | transfer, as defined in section 20.06(2), Florida Statutes, to |
2666 | the Agency for Workforce Innovation. |
2667 | (2) This act does not abolish the school readiness |
2668 | coalitions but redesignates the coalitions as early learning |
2669 | coalitions and, effective April 1, 2005, requires a reduction in |
2670 | the number of coalitions. All powers, duties, functions, rules, |
2671 | records, personnel, property, and unexpended balances of |
2672 | appropriations, allocations, and other funds of each school |
2673 | readiness coalition are not transferred but shall be retained by |
2674 | the early learning coalition upon its redesignation from a |
2675 | school readiness coalition to an early learning coalition. |
2676 | Section 17. Sections 411.012 and 1008.21, Florida |
2677 | Statutes, are repealed. |
2678 | Section 18. (1) The sums of $1,090,399 from recurring |
2679 | general revenue and $975,000 from nonrecurring general revenue |
2680 | are appropriated in lump sum to, and 17 additional positions are |
2681 | authorized for, the Department of Education for purposes of |
2682 | administering the Voluntary Prekindergarten Education Program |
2683 | during the 2004-2005 fiscal year. |
2684 | (2) The sums of $4,218,010 from recurring general revenue |
2685 | and $5,275,000 from nonrecurring general revenue are |
2686 | appropriated in lump sum to, and 20 additional positions are |
2687 | authorized for, the Agency for Workforce Innovation for purposes |
2688 | of administering the Voluntary Prekindergarten Education Program |
2689 | during the 2004-2005 fiscal year. From these nonrecurring funds, |
2690 | $100,000 is provided for the Agency for Workforce Innovation to |
2691 | evaluate the potential of using electronic technology to |
2692 | administer and maintain attendance information and provider |
2693 | payment processes for the program. The Agency for Workforce |
2694 | Innovation shall submit a report of its recommendations to the |
2695 | Governor, the President of the Senate, and the Speaker of the |
2696 | House of Representatives by September 1, 2006. The |
2697 | recommendations must include the recurring annual operating |
2698 | costs associated with the use of any electronic technology that |
2699 | is recommended in the report. |
2700 | (3) The sums of $80,193 from recurring general revenue and |
2701 | $140,037 from nonrecurring general revenue are appropriated in |
2702 | lump sum to, and 5.5 additional positions are authorized for, |
2703 | the Department of Children and Family Services for purposes of |
2704 | administering the Voluntary Prekindergarten Education Program |
2705 | during the 2004-2005 fiscal year. |
2706 | Section 19. Notwithstanding the provisions of section |
2707 | 216.177, Florida Statutes, which require a 14-day notice for |
2708 | interim budget actions, and pursuant to section 216.351, Florida |
2709 | Statutes, the Executive Office of the Governor shall provide |
2710 | notice of the allocation of the lump-sum appropriations |
2711 | authorized by this act into traditional appropriation categories |
2712 | to the chair and vice chair of the Legislative Budget Commission |
2713 | at least 3 working days before the effective date of the |
2714 | allocation. |
2715 | Section 20. This act shall take effect upon becoming a |
2716 | law. |