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 and, for each prekindergarten class composed of 11 or |
373 | more students, must have, in addition to a prekindergarten |
374 | instructor who meets the requirements of paragraph (c), at least |
375 | one adult prekindergarten instructor who is not required to meet |
376 | those requirements but who must meet each requirement of |
377 | paragraph (d). This paragraph does not supersede any requirement |
378 | imposed on a provider under ss. 402.301-402.319. |
379 | (f) Before the beginning of the 2006-2007 school year, the |
380 | private prekindergarten provider must have a prekindergarten |
381 | director who has a prekindergarten director credential that is |
382 | approved by the department as meeting or exceeding the minimum |
383 | standards adopted under s. 1002.57. Successful completion of a |
384 | child care facility director credential under s. 402.305(2)(f) |
385 | before the establishment of the prekindergarten director |
386 | credential under s. 1002.57 or July 1, 2006, whichever occurs |
387 | later, satisfies the requirement for a prekindergarten director |
388 | credential under this paragraph. |
389 | (g) The private prekindergarten provider must register |
390 | with the early learning coalition on forms prescribed by the |
391 | Agency for Workforce Innovation. |
392 | (h) The private prekindergarten provider must deliver the |
393 | Voluntary Prekindergarten Education Program in accordance with |
394 | this part. |
395 | (4) A prekindergarten instructor, in lieu of the minimum |
396 | credentials and courses required under paragraph (3)(c), may |
397 | hold one of the following educational credentials: |
398 | (a) A bachelor's or higher degree in early childhood |
399 | education, prekindergarten or primary education, preschool |
400 | education, or family and consumer science; |
401 | (b) A bachelor's or higher degree in elementary education, |
402 | if the prekindergarten instructor has been certified to teach |
403 | children any age from birth through 6th grade, regardless of |
404 | whether the instructor's educator certificate is current, and if |
405 | the instructor is not ineligible to teach in a public school |
406 | because his or her educator certificate is suspended or revoked; |
407 | (c) An associate's or higher degree in child development; |
408 | (d) An associate's or higher degree in an unrelated field, |
409 | at least 6 credit hours in early childhood education or child |
410 | development, and at least 480 hours of experience in teaching or |
411 | providing child care services for children any age from birth |
412 | through 8 years of age; or |
413 | (e) An educational credential approved by the department |
414 | as being equivalent to or greater than an educational credential |
415 | described in this subsection. The department may adopt criteria |
416 | and procedures for approving equivalent educational credentials |
417 | under this paragraph. |
418 | 1002.57 Prekindergarten director credential.-- |
419 | (1) By July 1, 2006, the department shall adopt minimum |
420 | standards for a credential for prekindergarten directors of |
421 | private prekindergarten providers delivering the Voluntary |
422 | Prekindergarten Education Program. The credential must encompass |
423 | requirements for education and onsite experience. |
424 | (2) The educational requirements must include training in |
425 | the following: |
426 | (a) Professionally accepted standards for prekindergarten |
427 | programs, early learning, and strategies and techniques to |
428 | address the age-appropriate progress of prekindergarten students |
429 | in attaining the performance standards adopted by the department |
430 | under s. 1002.67; |
431 | (b) Strategies that allow students with disabilities and |
432 | other special needs to derive maximum benefit from the Voluntary |
433 | Prekindergarten Education Program; and |
434 | (c) Program administration and operations, including |
435 | management, organizational leadership, and financial and legal |
436 | issues. |
437 | (3) The prekindergarten director credential must meet or |
438 | exceed the requirements of the Department of Children and Family |
439 | Services for the child care facility director credential under |
440 | s. 402.305(2)(f), and successful completion of the |
441 | prekindergarten director credential satisfies these requirements |
442 | for the child care facility director credential. |
443 | (4) The department shall, to the maximum extent |
444 | practicable, award credit to a person who successfully completes |
445 | the child care facility director credential under s. |
446 | 402.305(2)(f) for those requirements of the prekindergarten |
447 | director credential which are duplicative of requirements for |
448 | the child care facility director credential. |
449 | 1002.59 Emergent literacy training courses.--By April 1, |
450 | 2005, the department shall adopt minimum standards for one or |
451 | more training courses in emergent literacy for prekindergarten |
452 | instructors. Each course must comprise 5 clock hours and provide |
453 | instruction in strategies and techniques to address the age- |
454 | appropriate progress of prekindergarten students in developing |
455 | emergent literacy skills, including oral communication, |
456 | knowledge of print and letters, phonemic and phonological |
457 | awareness, and vocabulary and comprehension development. Each |
458 | course must also provide resources containing strategies that |
459 | allow students with disabilities and other special needs to |
460 | derive maximum benefit from the Voluntary Prekindergarten |
461 | Education Program. Successful completion of an emergent literacy |
462 | training course approved under this section satisfies |
463 | requirements for approved training in early literacy and |
464 | language development under ss. 402.305(2)(d)5., 402.313(6), and |
465 | 402.3131(5). |
466 | 1002.61 Summer prekindergarten program delivered by public |
467 | schools and private prekindergarten providers.-- |
468 | (1)(a) Each school district shall administer the Voluntary |
469 | Prekindergarten Education Program at the district level for |
470 | students enrolled under s. 1002.53(3)(b) in a summer |
471 | prekindergarten program delivered by a public school. |
472 | (b) Each early learning coalition shall administer the |
473 | Voluntary Prekindergarten Education Program at the county or |
474 | regional level for students enrolled under s. 1002.53(3)(b) in a |
475 | summer prekindergarten program delivered by a private |
476 | prekindergarten provider. |
477 | (2) Each summer prekindergarten program delivered by a |
478 | public school or private prekindergarten provider must: |
479 | (a) Comprise at least 300 instructional hours; |
480 | (b) Not begin earlier than May 1 of the school year; and |
481 | (c) Not deliver the program for a child earlier than the |
482 | summer immediately before the school year for which the child is |
483 | eligible for admission to kindergarten in a public school under |
484 | s. 1003.21(1)(a)2. |
485 | (3)(a) Each district school board shall determine which |
486 | public schools in the school district are eligible to deliver |
487 | the summer prekindergarten program. The school district shall |
488 | use educational facilities available in the public schools |
489 | during the summer term for the summer prekindergarten program. |
490 | (b) Except as provided in this section, to be eligible to |
491 | deliver the summer prekindergarten program, a private |
492 | prekindergarten provider must meet each requirement in s. |
493 | 1002.55. |
494 | (4) Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(5), |
495 | each public school and private prekindergarten provider must |
496 | have, for each prekindergarten class, at least one |
497 | prekindergarten instructor who: |
498 | (a) Is a certified teacher; or |
499 | (b) Holds one of the educational credentials specified in |
500 | s. 1002.55(4)(a) or (b). |
501 |
|
502 | As used in this subsection, the term "certified teacher" means a |
503 | teacher holding a valid Florida educator certificate under s. |
504 | 1012.56 who has the qualifications required by the district |
505 | school board to instruct students in the summer prekindergarten |
506 | program. In selecting instructional staff for the summer |
507 | prekindergarten program, each school district shall give |
508 | priority to teachers who have experience or coursework in early |
509 | childhood education. |
510 | (5) Each prekindergarten instructor employed by a public |
511 | school or private prekindergarten provider delivering the summer |
512 | prekindergarten program must be of good moral character, must be |
513 | screened using the level 2 screening standards in s. 435.04 |
514 | before employment and rescreened at least once every 5 years, |
515 | must be denied employment or terminated if required under s. |
516 | 435.06, and must not be ineligible to teach in a public school |
517 | because his or her educator certificate is suspended or revoked. |
518 | This subsection does not supersede employment requirements for |
519 | instructional personnel in public schools which are more |
520 | stringent than the requirements of this subsection. |
521 | (6) Notwithstanding ss. 1002.55(3)(e) and 1002.63(7), each |
522 | prekindergarten class in the summer prekindergarten program, |
523 | regardless of whether the class is a public school's or private |
524 | prekindergarten provider's class, must be composed of at least 4 |
525 | students but may not exceed 10 students. In order to protect the |
526 | health and safety of students, each public school or private |
527 | prekindergarten provider must also provide appropriate adult |
528 | supervision for students at all times. This subsection does not |
529 | supersede any requirement imposed on a provider under ss. |
530 | 402.301-402.319. |
531 | (7) Each public school delivering the summer |
532 | prekindergarten program must also: |
533 | (a) Register with the early learning coalition on forms |
534 | prescribed by the Agency for Workforce Innovation; and |
535 | (b) Deliver the Voluntary Prekindergarten Education |
536 | Program in accordance with this part. |
537 | 1002.63 School-year prekindergarten program delivered by |
538 | public schools.-- |
539 | (1) Each school district eligible under subsection (4) may |
540 | administer the Voluntary Prekindergarten Education Program at |
541 | the district level for students enrolled under s. 1002.53(3)(c) |
542 | in a school-year prekindergarten program delivered by a public |
543 | school. |
544 | (2) Each school-year prekindergarten program delivered by |
545 | a public school must comprise at least 540 instructional hours. |
546 | (3) The district school board of each school district |
547 | eligible under subsection (4) shall determine which public |
548 | schools in the district are eligible to deliver the |
549 | prekindergarten program during the school year. |
550 | (4) To be eligible to deliver the prekindergarten program |
551 | during the school year, each school district must meet both of |
552 | the following requirements: |
553 | (a) The district school board must certify to the State |
554 | Board of Education that the school district: |
555 | 1. Has reduced the average class size in each classroom in |
556 | accordance with s. 1003.03 and the schedule in s. 1(a), Art. IX |
557 | of the State Constitution; and |
558 | 2. Has sufficient satisfactory educational facilities and |
559 | capital outlay funds to continue reducing the average class size |
560 | in each classroom in the district's elementary schools for each |
561 | year in accordance with the schedule for class-size reduction |
562 | and to achieve full compliance with the maximum class sizes in |
563 | s. 1(a), Art. IX of the State Constitution by the beginning of |
564 | the 2010-2011 school year. |
565 | (b) The Commissioner of Education must certify to the |
566 | State Board of Education that the department has reviewed the |
567 | school district's educational facilities, capital outlay funds, |
568 | and projected student enrollment and concurs with the district |
569 | school board's certification under paragraph (a). |
570 | (5) Each public school must have, for each prekindergarten |
571 | class, at least one prekindergarten instructor who meets each |
572 | requirement in s. 1002.55(3)(c) for a prekindergarten instructor |
573 | of a private prekindergarten provider. |
574 | (6) Each prekindergarten instructor employed by a public |
575 | school delivering the school-year prekindergarten program must |
576 | be of good moral character, must be screened using the level 2 |
577 | screening standards in s. 435.04 before employment and |
578 | rescreened at least once every 5 years, must be denied |
579 | employment or terminated if required under s. 435.06, and must |
580 | not be ineligible to teach in a public school because his or her |
581 | educator certificate is suspended or revoked. This subsection |
582 | does not supersede employment requirements for instructional |
583 | personnel in public schools which are more stringent than the |
584 | requirements of this subsection. |
585 | (7) Each prekindergarten class in a public school |
586 | delivering the school-year prekindergarten program must be |
587 | composed of at least 4 students but may not exceed 18 students. |
588 | In order to protect the health and safety of students, each |
589 | school must also provide appropriate adult supervision for |
590 | students at all times and, for each prekindergarten class |
591 | composed of 11 or more students, must have, in addition to a |
592 | prekindergarten instructor who meets the requirements of s. |
593 | 1002.55(3)(c), at least one adult prekindergarten instructor who |
594 | is not required to meet those requirements but who must meet |
595 | each requirement of subsection (6). |
596 | (8) Each public school delivering the school-year |
597 | prekindergarten program must: |
598 | (a) Register with the early learning coalition on forms |
599 | prescribed by the Agency for Workforce Innovation; and |
600 | (b) Deliver the Voluntary Prekindergarten Education |
601 | Program in accordance with this part. |
602 | 1002.65 Professional credentials of prekindergarten |
603 | instructors; aspirational goals; legislative intent.-- |
604 | (1) The Legislature recognizes that there is a strong |
605 | relationship between the skills and preparation of |
606 | prekindergarten instructors and the educational outcomes of |
607 | students in the Voluntary Prekindergarten Education Program. |
608 | (2) To improve these educational outcomes, the Legislature |
609 | intends that all prekindergarten instructors will continue to |
610 | improve their skills and preparation through education and |
611 | training, so that the following aspirational goals will be |
612 | achieved: |
613 | (a) By the 2010-2011 school year: |
614 | 1. Each prekindergarten class will have at least one |
615 | prekindergarten instructor who holds an associate's or higher |
616 | degree in the field of early childhood education or child |
617 | development; and |
618 | 2. For each prekindergarten class composed of 11 or more |
619 | students, in addition to a prekindergarten instructor who meets |
620 | the requirements of subparagraph 1., the class will have at |
621 | least one prekindergarten instructor who meets the requirements |
622 | of s. 1002.55(3)(c). |
623 | (b) By the 2013-2014 school year, each prekindergarten |
624 | class will have at least one prekindergarten instructor who |
625 | holds a bachelor's or higher degree in the field of early |
626 | childhood education or child development. |
627 | 1002.67 Performance standards; curricula and |
628 | accountability.-- |
629 | (1) By April 1, 2005, the department shall develop and |
630 | adopt performance standards for students in the Voluntary |
631 | Prekindergarten Education Program. The performance standards |
632 | must address the age-appropriate progress of students in the |
633 | development of: |
634 | (a) The capabilities, capacities, and skills required |
635 | under s. 1(b), Art. IX of the State Constitution; and |
636 | (b) Emergent literacy skills, including oral |
637 | communication, knowledge of print and letters, phonemic and |
638 | phonological awareness, and vocabulary and comprehension |
639 | development. |
640 | (2)(a) Each private prekindergarten provider and public |
641 | school may select or design the curriculum that the provider or |
642 | school uses to implement the Voluntary Prekindergarten Education |
643 | Program, except as otherwise required for a provider or school |
644 | that is placed on probation under paragraph (3)(c). |
645 | (b) Each private prekindergarten provider's and public |
646 | school's curriculum must be developmentally appropriate and |
647 | must: |
648 | 1. Be designed to prepare a student for early literacy; |
649 | 2. Enhance the age-appropriate progress of students in |
650 | attaining the performance standards adopted by the department |
651 | under subsection (1); and |
652 | 3. Prepare students to be ready for kindergarten based |
653 | upon the statewide kindergarten screening administered under s. |
654 | 1002.69. |
655 | (c) The department shall review and approve curricula for |
656 | use by private prekindergarten providers and public schools that |
657 | are placed on probation under paragraph (3)(c). The department |
658 | shall maintain a list of the curricula approved under this |
659 | paragraph. Each approved curriculum must meet the requirements |
660 | of paragraph (b). |
661 | (3)(a) Each early learning coalition shall verify that |
662 | each private prekindergarten provider delivering the Voluntary |
663 | Prekindergarten Education Program within the coalition's county |
664 | or multicounty region complies with this part. Each district |
665 | school board shall verify that each public school delivering the |
666 | program within the school district complies with this part. |
667 | (b) If a private prekindergarten provider or public school |
668 | fails or refuses to comply with this part, or if a provider or |
669 | school engages in misconduct, the Agency for Workforce |
670 | Innovation shall require the early learning coalition to remove |
671 | the provider, and the Department of Education shall require the |
672 | school district to remove the school, from eligibility to |
673 | deliver the Voluntary Prekindergarten Education Program and |
674 | receive state funds under this part. |
675 | (c)1. If the kindergarten readiness rate of a private |
676 | prekindergarten provider or public school falls below the |
677 | minimum rate adopted by the State Board of Education as |
678 | satisfactory under s. 1002.69(6), the early learning coalition |
679 | or school district, as applicable, shall require the provider or |
680 | school to submit an improvement plan for approval by the |
681 | coalition or school district, as applicable, and to implement |
682 | the plan. |
683 | 2. If a private prekindergarten provider or public school |
684 | fails to meet the minimum rate adopted by the State Board of |
685 | Education as satisfactory under s. 1002.69(6) for 2 consecutive |
686 | years, the early learning coalition or school district, as |
687 | applicable, shall place the provider or school on probation and |
688 | must require the provider or school to take certain corrective |
689 | actions, including the use of a curriculum approved by the |
690 | department under paragraph (2)(c). |
691 | 3. A private prekindergarten provider or public school |
692 | that is placed on probation must continue the corrective actions |
693 | required under subparagraph 2., including the use of a |
694 | curriculum approved by the department, until the provider or |
695 | school meets the minimum rate adopted by the State Board of |
696 | Education as satisfactory under s. 1002.69(6). |
697 | 4. If a private prekindergarten provider or public school |
698 | remains on probation for 2 consecutive years and fails to meet |
699 | the minimum rate adopted by the State Board of Education as |
700 | satisfactory under s. 1002.69(6), the Agency for Workforce |
701 | Innovation shall require the early learning coalition or the |
702 | Department of Education shall require the school district, as |
703 | applicable, to remove the provider or school from eligibility to |
704 | deliver the Voluntary Prekindergarten Education Program and |
705 | receive state funds for the program. |
706 | (d) Each early learning coalition, the Agency for |
707 | Workforce Innovation, and the department shall coordinate with |
708 | the Child Care Services Program Office of the Department of |
709 | Children and Family Services to minimize interagency duplication |
710 | of activities for monitoring private prekindergarten providers |
711 | for compliance with requirements of the Voluntary |
712 | Prekindergarten Education Program under this part, the school |
713 | readiness programs under s. 411.01, and the licensing of |
714 | providers under ss. 402.301-402.319. |
715 | 1002.69 Statewide kindergarten screening; kindergarten |
716 | readiness rates.-- |
717 | (1) The department shall adopt a statewide kindergarten |
718 | screening that assesses the readiness of each student for |
719 | kindergarten based upon the performance standards adopted by the |
720 | department under s. 1002.67(1) for the Voluntary Prekindergarten |
721 | Education Program. The department shall require that each school |
722 | district administer the statewide kindergarten screening to each |
723 | kindergarten student in the school district within the first 30 |
724 | school days of each school year. |
725 | (2) The statewide kindergarten screening shall provide |
726 | objective data concerning each student's readiness for |
727 | kindergarten and progress in attaining the performance standards |
728 | adopted by the department under s. 1002.67(1). |
729 | (3) The statewide kindergarten screening shall incorporate |
730 | mechanisms for recognizing potential variations in kindergarten |
731 | readiness rates for students with disabilities. |
732 | (4) Each parent who enrolls his or her child in the |
733 | Voluntary Prekindergarten Education Program must submit the |
734 | child for the statewide kindergarten screening, regardless of |
735 | whether the child is admitted to kindergarten in a public school |
736 | or nonpublic school. Each school district shall designate sites |
737 | to administer the statewide kindergarten screening for children |
738 | admitted to kindergarten in a nonpublic school. |
739 | (5) The State Board of Education shall adopt procedures |
740 | for the department to annually calculate each private |
741 | prekindergarten provider's and public school's kindergarten |
742 | readiness rate, which must be expressed as the percentage of the |
743 | provider's or school's students who are assessed as ready for |
744 | kindergarten. The kindergarten readiness rates must be based |
745 | exclusively upon the results of the statewide kindergarten |
746 | screening for students completing the Voluntary Prekindergarten |
747 | Education Program, beginning with students completing the |
748 | program during the 2005-2006 school year who are administered |
749 | the statewide kindergarten screening during the 2006-2007 school |
750 | year. The rates must not include students who are not |
751 | administered the statewide kindergarten screening. |
752 | (6)(a) The State Board of Education shall periodically |
753 | adopt a minimum kindergarten readiness rate that, if achieved by |
754 | a private prekindergarten provider or public school, would |
755 | demonstrate the provider's or school's satisfactory delivery of |
756 | the Voluntary Prekindergarten Education Program. |
757 | (b) The minimum rate must not exceed the rate at which |
758 | more than 15 percent of the kindergarten readiness rates of all |
759 | private prekindergarten providers and public schools delivering |
760 | the Voluntary Prekindergarten Education Program in the state |
761 | would fall below the minimum rate. |
762 | 1002.71 Funding; financial and attendance reporting.-- |
763 | (1) Funds appropriated for the Voluntary Prekindergarten |
764 | Education Program may be used only for the program in accordance |
765 | with this part. If the student enrollment in the program for a |
766 | fiscal year exceeds the estimated enrollment upon which the |
767 | appropriation for that fiscal year is provided, thereby causing |
768 | a shortfall, funds appropriated to the program for the |
769 | subsequent fiscal year must be used first to fund the shortfall. |
770 | (2) A full-time equivalent student in the Voluntary |
771 | Prekindergarten Education Program shall be calculated as |
772 | follows: |
773 | (a) For a student in a school-year prekindergarten program |
774 | delivered by a private prekindergarten provider: 540 |
775 | instructional hours. |
776 | (b) For a student in a summer prekindergarten program |
777 | delivered by a public school or private prekindergarten |
778 | provider: 300 instructional hours. |
779 | (c) For a student in a school-year prekindergarten program |
780 | delivered by a public school: 540 instructional hours. |
781 |
|
782 | Except as provided in subsection (4), a student may not be |
783 | reported for funding purposes as more than one full-time |
784 | equivalent student. |
785 | (3)(a) The base student allocation per full-time |
786 | equivalent student in the Voluntary Prekindergarten Education |
787 | Program shall be provided in the General Appropriations Act and |
788 | shall be equal for each student, regardless of whether the |
789 | student is enrolled in a school-year prekindergarten program |
790 | delivered by a private prekindergarten provider, a summer |
791 | prekindergarten program delivered by a public school or private |
792 | prekindergarten provider, or a school-year prekindergarten |
793 | program delivered by a public school. |
794 | (b) Each county's allocation per full-time equivalent |
795 | student in the Voluntary Prekindergarten Education Program shall |
796 | be calculated annually by multiplying the base student |
797 | allocation provided in the General Appropriations Act by the |
798 | county's district cost differential provided in s. 1011.62(2). |
799 | Each private prekindergarten provider and public school shall be |
800 | paid in accordance with the county's allocation per full-time |
801 | equivalent student. |
802 | (4) Notwithstanding s. 1002.53(3) and subsection (2): |
803 | (a) A child who, for any of the prekindergarten programs |
804 | listed in s. 1002.53(3), has not completed more than 10 percent |
805 | of the hours authorized to be reported for funding under |
806 | subsection (2) may withdraw from the program for good cause, |
807 | reenroll in one of the programs, and be reported for funding |
808 | purposes as a full-time equivalent student in the program for |
809 | which the child is reenrolled. |
810 | (b) A child who has not substantially completed any of the |
811 | prekindergarten programs listed in s. 1002.53(3) may withdraw |
812 | from the program due to an extreme hardship that is beyond the |
813 | child's or parent's control, reenroll in one of the programs, |
814 | and be reported for funding purposes as a full-time equivalent |
815 | student in the program for which the child is reenrolled. |
816 |
|
817 | A child may reenroll only once in a prekindergarten program |
818 | under this section. A child who reenrolls in a prekindergarten |
819 | program under this subsection may not subsequently withdraw from |
820 | the program and reenroll. The Agency for Workforce Innovation |
821 | shall establish criteria specifying whether a good cause exists |
822 | for a child to withdraw from a program under paragraph (a), |
823 | whether a child has substantially completed a program under |
824 | paragraph (b), and whether an extreme hardship exists which is |
825 | beyond the child's or parent's control under paragraph (b). |
826 | (5)(a) Each early learning coalition shall maintain |
827 | through the single point of entry established under s. 411.01 a |
828 | current database of the students enrolled in the Voluntary |
829 | Prekindergarten Education Program for each county within the |
830 | coalition's region. |
831 | (b) The Agency for Workforce Innovation shall adopt |
832 | procedures for the payment of private prekindergarten providers |
833 | and public schools delivering the Voluntary Prekindergarten |
834 | Education Program. The procedures shall provide for the advance |
835 | payment of providers and schools based upon student enrollment |
836 | in the program, the certification of student attendance, and the |
837 | reconciliation of advance payments in accordance with the |
838 | uniform attendance policy adopted under paragraph (6)(d). The |
839 | procedures shall provide for the monthly distribution of funds |
840 | by the Agency for Workforce Innovation to the early learning |
841 | coalitions for payment by the coalitions to private |
842 | prekindergarten providers and public schools. The department |
843 | shall transfer to the Agency for Workforce Innovation at least |
844 | once each quarter the funds available for payment to private |
845 | prekindergarten providers and public schools in accordance with |
846 | this paragraph from the funds appropriated for that purpose. |
847 | (6)(a) Each parent enrolling his or her child in the |
848 | Voluntary Prekindergarten Education Program must agree to comply |
849 | with the attendance policy of the private prekindergarten |
850 | provider or district school board, as applicable. Upon |
851 | enrollment of the child, the private prekindergarten provider or |
852 | public school, as applicable, must provide the child's parent |
853 | with a copy of the provider's or school district's attendance |
854 | policy, as applicable. |
855 | (b)1. Each private prekindergarten provider's and district |
856 | school board's attendance policy must require the parent of each |
857 | student in the Voluntary Prekindergarten Education Program to |
858 | verify, each month, the student's attendance on the prior |
859 | month's certified student attendance. |
860 | 2. The parent must submit the verification of the |
861 | student's attendance to the private prekindergarten provider or |
862 | public school on forms prescribed by the Agency for Workforce |
863 | Innovation. The forms must include, in addition to the |
864 | verification of the student's attendance, a certification, in |
865 | substantially the following form, that the parent continues to |
866 | choose the private prekindergarten provider or public school in |
867 | accordance with s. 1002.53 and directs that payments for the |
868 | program be made to the provider or school: |
869 |
|
870 | VERIFICATION OF STUDENT'S ATTENDANCE |
871 | AND CERTIFICATION OF PARENTAL CHOICE |
872 |
|
873 | I, . . . (Name of Parent) . . . , swear (or affirm) that my |
874 | child, . . . (Name of Student) . . . , attended the Voluntary |
875 | Prekindergarten Education Program on the days listed above and |
876 | certify that I continue to choose . . . (Name of Provider or |
877 | School) . . . to deliver the program for my child and direct |
878 | that program funds be paid to the provider or school for my |
879 | child. |
880 | . . . (Signature of Parent) . . . |
881 | . . . (Date) . . . |
882 |
|
883 | 3. The private prekindergarten provider or public school |
884 | must keep each original signed form for at least 2 years. Each |
885 | private prekindergarten provider must permit the early learning |
886 | coalition, and each public school must permit the school |
887 | district, to inspect the original signed forms during normal |
888 | business hours. The Agency for Workforce Innovation shall adopt |
889 | procedures for early learning coalitions and school districts to |
890 | review the original signed forms against the certified student |
891 | attendance. The review procedures shall provide for the use of |
892 | selective inspection techniques, including, but not limited to, |
893 | random sampling. Each early learning coalition and school |
894 | district must comply with the review procedures. |
895 | (c) A private prekindergarten provider or school district, |
896 | as applicable, may dismiss a student who does not comply with |
897 | the provider's or district's attendance policy. A student |
898 | dismissed under this paragraph is not removed from the Voluntary |
899 | Prekindergarten Education Program and may continue in the |
900 | program through reenrollment with another private |
901 | prekindergarten provider or public school. Notwithstanding s. |
902 | 1002.53(6)(b), a school district is not required to provide for |
903 | the admission of a student dismissed under this paragraph. |
904 | (d) The Agency for Workforce Innovation shall adopt, for |
905 | funding purposes, a uniform attendance policy for the Voluntary |
906 | Prekindergarten Education Program. The attendance policy must |
907 | apply statewide and apply equally to all private prekindergarten |
908 | providers and public schools. The attendance policy must |
909 | establish a minimum requirement for student attendance and |
910 | include the following provisions: |
911 | 1. A student who meets the minimum requirement may be |
912 | reported as a full-time equivalent student for funding purposes. |
913 | 2. A student who does not meet the minimum requirement may |
914 | be reported only as a fractional part of a full-time equivalent |
915 | student, reduced pro rata based on the student's attendance. |
916 | 3. A student who does not meet the minimum requirement may |
917 | be reported as a full-time equivalent student if the student is |
918 | absent for good cause in accordance with exceptions specified in |
919 | the uniform attendance policy. |
920 |
|
921 | The uniform attendance policy shall be used only for funding |
922 | purposes and does not prohibit a private prekindergarten |
923 | provider or public school from adopting and enforcing its |
924 | attendance policy under paragraphs (a) and (c). |
925 | (7) The Agency for Workforce Innovation shall require that |
926 | administrative expenditures be kept to the minimum necessary for |
927 | efficient and effective administration of the Voluntary |
928 | Prekindergarten Education Program. Each early learning coalition |
929 | may retain and expend no more than 5 percent of the funds paid |
930 | by the coalition to private prekindergarten providers and public |
931 | schools under paragraph (5)(b). Funds retained by an early |
932 | learning coalition under this subsection may be used only for |
933 | administering the Voluntary Prekindergarten Education Program |
934 | and may not be used for the school readiness program or other |
935 | programs. |
936 | (8) Except as otherwise expressly authorized by law, a |
937 | private prekindergarten provider or public school may not: |
938 | (a) Require payment of a fee or charge for services |
939 | provided for a child enrolled in the Voluntary Prekindergarten |
940 | Education Program during a period reported for funding purposes; |
941 | or |
942 | (b) Require a child to enroll for, or require the payment |
943 | of any fee or charge for, supplemental services as a condition |
944 | of admitting a child for enrollment in the Voluntary |
945 | Prekindergarten Education Program. |
946 | (9) A parent is responsible for the transportation of his |
947 | or her child to and from the Voluntary Prekindergarten Education |
948 | Program, regardless of whether the program is delivered by a |
949 | private prekindergarten provider or a public school. However, a |
950 | provider or school may use part of the funds it is paid under |
951 | paragraph (5)(b) for transporting students to and from the |
952 | program. A student enrolled in the Voluntary Prekindergarten |
953 | Education Program may not be reported under s. 1011.68 for |
954 | student transportation funds. |
955 | 1002.73 Department of Education; powers and duties; |
956 | accountability requirements.-- |
957 | (1) The department shall administer the accountability |
958 | requirements of the Voluntary Prekindergarten Education Program |
959 | at the state level. |
960 | (2) The department shall adopt procedures for the |
961 | department's: |
962 | (a) Approval of prekindergarten director credentials under |
963 | ss. 1002.55 and 1002.57. |
964 | (b) Approval of emergent literacy training courses under |
965 | ss. 1002.55 and 1002.59. |
966 | (c) Certification of school districts that are eligible to |
967 | deliver the school-year prekindergarten program under s. |
968 | 1002.63. |
969 | (d) Administration of the statewide kindergarten screening |
970 | and calculation of kindergarten readiness rates under s. |
971 | 1002.69. |
972 | (3) Except as provided by law, the department may not |
973 | impose requirements on a private prekindergarten provider that |
974 | does not deliver the Voluntary Prekindergarten Education Program |
975 | or receive state funds under this part. |
976 | 1002.75 Agency for Workforce Innovation; powers and |
977 | duties; operational requirements.-- |
978 | (1) The Agency for Workforce Innovation shall administer |
979 | the operational requirements of the Voluntary Prekindergarten |
980 | Education Program at the state level. |
981 | (2) The Agency for Workforce Innovation shall adopt |
982 | procedures governing the administration of the Voluntary |
983 | Prekindergarten Education Program by the early learning |
984 | coalitions and school districts for: |
985 | (a) Enrolling children in and determining the eligibility |
986 | of children for the Voluntary Prekindergarten Education Program |
987 | under s. 1002.53. |
988 | (b) Providing parents with profiles of private |
989 | prekindergarten providers and public schools under s. 1002.53. |
990 | (c) Registering private prekindergarten providers and |
991 | public schools to deliver the program under ss. 1002.55, |
992 | 1002.61, and 1002.63. |
993 | (d) Determining the eligibility of private prekindergarten |
994 | providers to deliver the program under ss. 1002.55 and 1002.61. |
995 | (e) Verifying the compliance of private prekindergarten |
996 | providers and public schools and removing providers or schools |
997 | from eligibility to deliver the program due to noncompliance or |
998 | misconduct as provided in s. 1002.67. |
999 | (f) Paying private prekindergarten providers and public |
1000 | schools under s. 1002.71. |
1001 | (g) Documenting and certifying student enrollment and |
1002 | student attendance under s. 1002.71. |
1003 | (h) Reconciling advance payments in accordance with the |
1004 | uniform attendance policy under s. 1002.71. |
1005 | (i) Reenrolling students dismissed by a private |
1006 | prekindergarten provider or public school for noncompliance with |
1007 | the provider's or school district's attendance policy under s. |
1008 | 1002.71. |
1009 | (3) The Agency for Workforce Innovation shall adopt, in |
1010 | consultation with and subject to approval by the department, |
1011 | procedures governing the administration of the Voluntary |
1012 | Prekindergarten Education Program by the early learning |
1013 | coalitions and school districts for: |
1014 | (a) Approving improvement plans of private prekindergarten |
1015 | providers and public schools under s. 1002.67. |
1016 | (b) Placing private prekindergarten providers and public |
1017 | schools on probation and requiring corrective actions under s. |
1018 | 1002.67. |
1019 | (c) Removing a private prekindergarten provider or public |
1020 | school from eligibility to deliver the program due to the |
1021 | provider's or school's remaining on probation beyond the time |
1022 | permitted under s. 1002.67. |
1023 | (4) The Agency for Workforce Innovation shall also adopt |
1024 | procedures for the agency's distribution of funds to early |
1025 | learning coalitions under s. 1002.71. |
1026 | (5) Except as provided by law, the Agency for Workforce |
1027 | Innovation may not impose requirements on a private |
1028 | prekindergarten provider or public school that does not deliver |
1029 | the Voluntary Prekindergarten Education Program or receive state |
1030 | funds under this part. |
1031 | 1002.77 Florida Early Learning Advisory Council.-- |
1032 | (1) There is created the Florida Early Learning Advisory |
1033 | Council within the Agency for Workforce Innovation. The purpose |
1034 | of the advisory council is to submit recommendations to the |
1035 | department and the Agency for Workforce Innovation on the early |
1036 | learning policy of this state, including recommendations |
1037 | relating to administration of the Voluntary Prekindergarten |
1038 | Education Program under this part and the school readiness |
1039 | programs under s. 411.01. |
1040 | (2) The advisory council shall be composed of the |
1041 | following members: |
1042 | (a) The chair of the advisory council who shall be |
1043 | appointed by and serve at the pleasure of the Governor. |
1044 | (b) The chair of each early learning coalition. |
1045 | (c) One member who shall be appointed by and serve at the |
1046 | pleasure of the President of the Senate. |
1047 | (d) One member who shall be appointed by and serve at the |
1048 | pleasure of the Speaker of the House of Representatives. |
1049 |
|
1050 | The chair of the advisory council appointed by the Governor and |
1051 | the members appointed by the presiding officers of the |
1052 | Legislature must each have a background in early learning. |
1053 | (3) The advisory council shall meet at least quarterly but |
1054 | may meet as often as necessary to carry out its duties and |
1055 | responsibilities. |
1056 | (4)(a) Each member of the advisory council shall serve |
1057 | without compensation but is entitled to receive reimbursement |
1058 | for per diem and travel expenses for attendance at council |
1059 | meetings as provided in s. 112.061. |
1060 | (b) Each member of the advisory council is subject to the |
1061 | ethics provisions in part III of chapter 112. |
1062 | (c) For purposes of tort liability, each member of the |
1063 | advisory council shall be governed by s. 768.28. |
1064 | (5) The Agency for Workforce Innovation shall provide |
1065 | staff and administrative support for the advisory council. |
1066 | 1002.79 Rulemaking authority.-- |
1067 | (1) The State Board of Education shall adopt rules under |
1068 | ss. 120.536(1) and 120.54 to administer the provisions of this |
1069 | part conferring duties upon the department. |
1070 | (2) The Agency for Workforce Innovation shall adopt rules |
1071 | under ss. 120.536(1) and 120.54 to administer the provisions of |
1072 | this part conferring duties upon the agency. |
1073 | Section 2. Section 411.01, Florida Statutes, is amended to |
1074 | read: |
1075 | 411.01 Florida Partnership for School readiness programs; |
1076 | early learning school readiness coalitions.-- |
1077 | (1) SHORT TITLE.--This section may be cited as the "School |
1078 | Readiness Act." |
1079 | (2) LEGISLATIVE INTENT.-- |
1080 | (a) The Legislature recognizes that school readiness |
1081 | programs increase children's chances of achieving future |
1082 | educational success and becoming productive members of society. |
1083 | It is the intent of the Legislature that the such programs be |
1084 | developmentally appropriate, research-based, involve parents as |
1085 | their child's first teacher, serve as preventive measures for |
1086 | children at risk of future school failure, enhance the |
1087 | educational readiness of eligible children, and support family |
1088 | education. Each school readiness program shall provide the |
1089 | elements necessary to prepare at-risk children for school, |
1090 | including health screening and referral and an appropriate |
1091 | educational program. |
1092 | (b) It is the intent of the Legislature that school |
1093 | readiness programs be operated on a full-day, year-round basis |
1094 | to the maximum extent possible to enable parents to work and |
1095 | become financially self-sufficient. |
1096 | (c) It is the intent of the Legislature that school |
1097 | readiness programs not exist as isolated programs, but build |
1098 | upon existing services and work in cooperation with other |
1099 | programs for young children, and that school readiness programs |
1100 | be coordinated and funding integrated to achieve full |
1101 | effectiveness. |
1102 | (d) It is the intent of the Legislature that the |
1103 | administrative staff at the state level for school readiness |
1104 | programs be kept to the minimum necessary to administer carry |
1105 | out the duties of the Agency for Workforce Innovation Florida |
1106 | Partnership for School Readiness, as the school readiness |
1107 | programs are to be regionally locally designed, operated, and |
1108 | managed, with the Agency for Workforce Innovation Florida |
1109 | Partnership for School Readiness adopting a system for measuring |
1110 | school readiness; developing school readiness program |
1111 | performance standards and, outcome measures measurements, and |
1112 | data design and review; and approving and reviewing early |
1113 | learning coalitions and local school readiness coalitions and |
1114 | plans. |
1115 | (e) It is the intent of the Legislature that |
1116 | appropriations for combined school readiness programs shall not |
1117 | be less than the programs would receive in any fiscal year on an |
1118 | uncombined basis. |
1119 | (f) It is the intent of the Legislature that the school |
1120 | readiness program coordinate and operate in conjunction with the |
1121 | district school systems. However, it is also the intent of the |
1122 | Legislature that the school readiness program not be construed |
1123 | as part of the system of free public schools but rather as a |
1124 | separate program for children under the age of kindergarten |
1125 | eligibility, funded separately from the system of free public |
1126 | schools, utilizing a mandatory sliding fee scale, and providing |
1127 | an integrated and seamless system of school readiness services |
1128 | for the state's birth-to-kindergarten population. |
1129 | (g) It is the intent of the Legislature that the federal |
1130 | child care income tax credit be preserved for school readiness |
1131 | programs. |
1132 | (h) It is the intent of the Legislature that school |
1133 | readiness services shall be an integrated and seamless system of |
1134 | services with a developmentally appropriate education component |
1135 | for the state's eligible birth-to-kindergarten population |
1136 | described in subsection (6) and shall not be construed as part |
1137 | of the seamless K-20 education system except for the |
1138 | administration of the uniform screening system upon entry into |
1139 | kindergarten. |
1140 | (3) PARENTAL PARTICIPATION IN SCHOOL READINESS PROGRAMS |
1141 | PROGRAM.-- |
1142 | (a) The school readiness program shall be phased in on a |
1143 | coalition-by-coalition basis. Each coalition's school readiness |
1144 | program shall have available to it funding from all the |
1145 | coalition's early education and child care programs that are |
1146 | funded with state, federal, lottery, or local funds, including |
1147 | but not limited to Florida First Start programs, Even-Start |
1148 | literacy programs, prekindergarten early intervention programs, |
1149 | Head Start programs, programs offered by public and private |
1150 | providers of child care, migrant prekindergarten programs, Title |
1151 | I programs, subsidized child care programs, and teen parent |
1152 | programs, together with any additional funds appropriated or |
1153 | obtained for purposes of this section. These programs and their |
1154 | funding streams shall be components of the coalition's |
1155 | integrated school readiness program, with the goal of preparing |
1156 | children for success in school. |
1157 | (b) Nothing contained in This section does not act is |
1158 | intended to: |
1159 | (a)1. Relieve parents and guardians of their own |
1160 | obligations to prepare ready their children for school; or |
1161 | (b)2. Create any obligation to provide publicly funded |
1162 | school readiness programs or services beyond those authorized by |
1163 | the Legislature. |
1164 | (4) AGENCY FOR WORKFORCE INNOVATION FLORIDA PARTNERSHIP |
1165 | FOR SCHOOL READINESS.-- |
1166 | (a) The Agency for Workforce Innovation shall Florida |
1167 | Partnership for School Readiness was created to fulfill three |
1168 | major purposes: to administer school readiness programs at the |
1169 | state level and shall program services that help parents prepare |
1170 | eligible children for school; to coordinate the early learning |
1171 | coalitions in providing provision of school readiness services |
1172 | on a full-day, full-year, full-choice basis to the extent |
1173 | possible in order to enable parents to work and be financially |
1174 | self-sufficient; and to establish a uniform screening instrument |
1175 | to be implemented by the Department of Education and |
1176 | administered by the school districts upon entry into |
1177 | kindergarten to assess the readiness for school of all children. |
1178 | Readiness for kindergarten is the outcome measure of the success |
1179 | of each school readiness program that receives state or federal |
1180 | funds. The partnership is assigned to the Agency for Workforce |
1181 | Innovation for administrative purposes. |
1182 | (b) The Agency for Workforce Innovation Florida |
1183 | Partnership for School Readiness shall: |
1184 | 1. Coordinate the birth-to-kindergarten services for |
1185 | children who are eligible under pursuant to subsection (6) and |
1186 | the programmatic, administrative, and fiscal standards under |
1187 | pursuant to this section for all public providers of school |
1188 | readiness programs. |
1189 | 2. Continue to provide unified leadership for school |
1190 | readiness through early learning local school readiness |
1191 | coalitions. |
1192 | 3. Focus on improving the educational quality of all |
1193 | publicly funded school readiness programs. |
1194 | (c)1. The Florida Partnership for School Readiness shall |
1195 | include the Lieutenant Governor, the Commissioner of Education, |
1196 | the Secretary of Children and Family Services, and the Secretary |
1197 | of Health, or their designees, and the chair of the Child Care |
1198 | Executive Partnership Board, and the chairperson of the Board of |
1199 | Directors of Workforce Florida, Inc. When the Lieutenant |
1200 | Governor or an agency head appoints a designee, the designee |
1201 | must be an individual who attends consistently, and, in the |
1202 | event that the Lieutenant Governor or agency head and his or her |
1203 | designee both attend a meeting, only one of them may vote. |
1204 | 2. The partnership shall also include 14 members of the |
1205 | public who shall be business, community, and civic leaders in |
1206 | the state who are not elected to public office. These members |
1207 | and their families must not have a direct contract with any |
1208 | local coalition to provide school readiness services. The |
1209 | members must be geographically and demographically |
1210 | representative of the state. Each member shall be appointed by |
1211 | the Governor from a list of nominees submitted by the President |
1212 | of the Senate and the Speaker of the House of Representatives. |
1213 | By July 1, 2001, four members shall be appointed as follows: two |
1214 | members shall be from the child care industry, one representing |
1215 | the private for-profit sector appointed by the Governor from a |
1216 | list of two nominees submitted by the President of the Senate |
1217 | and one representing faith-based providers appointed by the |
1218 | Governor from a list of two nominees submitted by the Speaker of |
1219 | the House of Representatives; and two members shall be from the |
1220 | business community, one appointed by the Governor from a list of |
1221 | two nominees submitted by the President of the Senate and one |
1222 | appointed by the Governor from a list of two nominees submitted |
1223 | by the Speaker of the House of Representatives. Members shall be |
1224 | appointed to 4-year terms of office. The members of the |
1225 | partnership shall elect a chairperson annually from the |
1226 | nongovernmental members of the partnership. Any vacancy on the |
1227 | partnership shall be filled in the same manner as the original |
1228 | appointment. |
1229 | (d) The partnership shall meet at least quarterly but may |
1230 | meet as often as it deems necessary to carry out its duties and |
1231 | responsibilities. Members of the partnership shall participate |
1232 | without proxy at the quarterly meetings. The partnership may |
1233 | take official action by a majority vote of the members present |
1234 | at any meeting at which a quorum is present. |
1235 | (e) Members of the partnership are subject to the ethics |
1236 | provisions in part III of chapter 112, and no member may derive |
1237 | any financial benefit from the funds administered by the Florida |
1238 | Partnership for School Readiness. |
1239 | (f) Members of the partnership shall serve without |
1240 | compensation but are entitled to reimbursement for per diem and |
1241 | travel expenses incurred in the performance of their duties as |
1242 | provided in s. 112.061, and reimbursement for other reasonable, |
1243 | necessary, and actual expenses. |
1244 | (g) For the purposes of tort liability, the members of the |
1245 | partnership and its employees shall be governed by s. 768.28. |
1246 | (h) The partnership shall appoint an executive director |
1247 | who shall serve at the pleasure of the Governor. The executive |
1248 | director shall perform the duties assigned to him or her by the |
1249 | partnership. The executive director shall be responsible for |
1250 | hiring, subject to the approval of the partnership, all |
1251 | employees and staff members, who shall serve under his or her |
1252 | direction and control. |
1253 | (c)(i) For purposes of administration of the federal Child |
1254 | Care and Development Fund, 45 C.F.R. parts 98 and 99, the Agency |
1255 | for Workforce Innovation partnership may be designated by the |
1256 | Governor as the lead agency, and, if so designated, shall comply |
1257 | with the lead agency responsibilities under pursuant to federal |
1258 | law. |
1259 | (d)(j) The Agency for Workforce Innovation Florida |
1260 | Partnership for School Readiness is the principal organization |
1261 | responsible for the enhancement of school readiness for the |
1262 | state's children, and shall: |
1263 | 1. Be responsible for the prudent use of all public and |
1264 | private funds in accordance with all legal and contractual |
1265 | requirements. |
1266 | 2. Provide final approval and periodic review of early |
1267 | learning coalitions and school readiness plans. |
1268 | 3. Provide leadership for the enhancement of school |
1269 | readiness in this state by aggressively establishing a unified |
1270 | approach to the state's efforts toward enhancement of school |
1271 | readiness. In support of this effort, the Agency for Workforce |
1272 | Innovation partnership may develop and implement specific |
1273 | strategies that address the state's school readiness programs. |
1274 | 4. Safeguard the effective use of federal, state, local, |
1275 | and private resources to achieve the highest possible level of |
1276 | school readiness for the state's children in this state. |
1277 | 5. Provide technical assistance to early learning |
1278 | coalitions. |
1279 | 6. Assess gaps in service. |
1280 | 7. Provide technical assistance to counties that form a |
1281 | multicounty region served by an early learning coalition. |
1282 | 8.a. Adopt a system for measuring school readiness that |
1283 | provides objective data regarding the expectations for school |
1284 | readiness, and establish a method for collecting the data and |
1285 | guidelines for using the data. The measurement, the data |
1286 | collection, and the use of the data must serve the statewide |
1287 | school readiness goal. The criteria for determining which data |
1288 | to collect should be the usefulness of the data to state |
1289 | policymakers and local program administrators in administering |
1290 | programs and allocating state funds, and must include the |
1291 | tracking of school readiness system information back to |
1292 | individual school readiness programs to assist in determining |
1293 | program effectiveness. |
1294 | b. Adopt a system for evaluating the performance of |
1295 | students through the third grade to compare the performance of |
1296 | those who participated in school readiness programs with the |
1297 | performance of students who did not participate in school |
1298 | readiness programs in order to identify strategies for continued |
1299 | successful student performance. |
1300 | 8.9. Develop and adopt performance standards and outcome |
1301 | measures for school readiness programs. The performance |
1302 | standards must address the age-appropriate progress of children |
1303 | in the development of the school readiness skills required under |
1304 | paragraph (j). The performance standards for children from birth |
1305 | to 3 years of age in school readiness programs must be |
1306 | integrated with the performance standards adopted by the |
1307 | Department of Education for children in the Voluntary |
1308 | Prekindergarten Education Program under s. 1002.67. |
1309 | (e)(k) The Agency for Workforce Innovation partnership may |
1310 | adopt rules under ss. 120.536(1) and 120.54 necessary to |
1311 | administer the provisions of law conferring duties upon the |
1312 | agency, including, but not limited this section which relate to, |
1313 | rules governing the preparation preparing and implementation of |
1314 | implementing the system for school readiness system, the |
1315 | collection of collecting data, the approval of early learning |
1316 | approving local school readiness coalitions and school readiness |
1317 | plans, the provision of providing a method whereby an early |
1318 | learning a coalition may can serve two or more counties, the |
1319 | award of awarding incentives to early learning coalitions, and |
1320 | the issuance of issuing waivers. |
1321 | (f)(l) The Agency for Workforce Innovation Florida |
1322 | Partnership for School Readiness shall have all powers necessary |
1323 | to administer carry out the purposes of this section, including, |
1324 | but not limited to, the power to receive and accept grants, |
1325 | loans, or advances of funds from any public or private agency |
1326 | and to receive and accept from any source contributions of |
1327 | money, property, labor, or any other thing of value, to be held, |
1328 | used, and applied for the purposes of this section. |
1329 | (g) Except as provided by law, the Agency for Workforce |
1330 | Innovation may not impose requirements on a child care or early |
1331 | childhood education provider that does not deliver services |
1332 | under a school readiness program or receive state or federal |
1333 | funds under this section. |
1334 | (h)(m) The Agency for Workforce Innovation Florida |
1335 | Partnership for School Readiness shall have a budget for the |
1336 | school readiness system, which and shall be financed through an |
1337 | annual appropriation made for purposes of this section purpose |
1338 | in the General Appropriations Act. |
1339 | (i)(n) The Agency for Workforce Innovation partnership |
1340 | shall coordinate the efforts toward school readiness in this |
1341 | state and provide independent policy analyses and |
1342 | recommendations to the Governor, the State Board of Education, |
1343 | and the Legislature. |
1344 | (j)(o) The Agency for Workforce Innovation shall require |
1345 | that each early learning coalition's The partnership shall |
1346 | prepare and submit to the State Board of Education a system for |
1347 | measuring school readiness program. The system must, at a |
1348 | minimum, enhance the age-appropriate progress of each child in |
1349 | the development of include a uniform screening, which shall |
1350 | provide objective data regarding the following expectations for |
1351 | school readiness skills which shall include, at a minimum: |
1352 | 1. The child's immunizations and other health requirements |
1353 | as necessary, including appropriate vision and hearing screening |
1354 | and examinations. |
1355 | 2. The child's physical development. |
1356 | 1.3. The child's Compliance with rules, limitations, and |
1357 | routines. |
1358 | 2.4. The child's Ability to perform tasks. |
1359 | 3.5. The child's Interactions with adults. |
1360 | 4.6. The child's Interactions with peers. |
1361 | 5.7. The child's Ability to cope with challenges. |
1362 | 6.8. The child's Self-help skills. |
1363 | 7.9. The child's Ability to express the child's his or her |
1364 | needs. |
1365 | 8.10. The child's Verbal communication skills. |
1366 | 9.11. The child's Problem-solving skills. |
1367 | 10.12. The child's Following of verbal directions. |
1368 | 11.13. The child's Demonstration of curiosity, |
1369 | persistence, and exploratory behavior. |
1370 | 12.14. The child's Interest in books and other printed |
1371 | materials. |
1372 | 13.15. The child's Paying attention to stories. |
1373 | 14.16. The child's Participation in art and music |
1374 | activities. |
1375 | 15.17. The child's Ability to identify colors, geometric |
1376 | shapes, letters of the alphabet, numbers, and spatial and |
1377 | temporal relationships. |
1378 |
|
1379 | The Agency for Workforce Innovation shall also require that, |
1380 | before a child is enrolled in an early learning coalition's |
1381 | school readiness program, the coalition must ensure that |
1382 | information is obtained by the coalition or the school readiness |
1383 | provider regarding the child's immunizations, physical |
1384 | development, and other health requirements as necessary, |
1385 | including appropriate vision and hearing screening and |
1386 | examinations. |
1387 | (p) The partnership shall prepare a plan for implementing |
1388 | the system for measuring school readiness in such a way that all |
1389 | children in this state will undergo the uniform screening |
1390 | established by the partnership when they enter kindergarten. |
1391 | Children who enter public school for the first time in first |
1392 | grade must undergo a uniform screening approved by the |
1393 | partnership for use in first grade. Because children with |
1394 | disabilities may not be able to meet all of the identified |
1395 | expectations for school readiness, the plan for measuring school |
1396 | readiness shall incorporate mechanisms for recognizing the |
1397 | potential variations in expectations for school readiness when |
1398 | serving children with disabilities and shall provide for |
1399 | communities to serve children with disabilities. |
1400 | (k)(q) The Agency for Workforce Innovation partnership |
1401 | shall conduct studies and planning activities related to the |
1402 | overall improvement and effectiveness of the outcome school |
1403 | readiness measures adopted by the agency for school readiness |
1404 | programs. |
1405 | (l) The Agency for Workforce Innovation shall monitor and |
1406 | evaluate the performance of each early learning coalition in |
1407 | administering the school readiness program, implementing the |
1408 | coalition's school readiness plan, and administering the |
1409 | Voluntary Prekindergarten Education Program. These monitoring |
1410 | and performance evaluations must include, at a minimum, onsite |
1411 | monitoring of each coalition's finances, management, operations, |
1412 | and programs. |
1413 | (m) The Agency for Workforce Innovation shall identify |
1414 | best practices of early learning coalitions in order to improve |
1415 | the outcomes of school readiness programs. |
1416 | (r) The partnership shall establish procedures for |
1417 | performance-based budgeting in school readiness programs. |
1418 | (n)(s) The Agency for Workforce Innovation partnership |
1419 | shall submit an annual report of its activities conducted under |
1420 | this section to the Governor, the executive director of the |
1421 | Florida Healthy Kids Corporation, the President of the Senate, |
1422 | the Speaker of the House of Representatives, and the minority |
1423 | leaders of both houses of the Legislature. In addition, the |
1424 | Agency for Workforce Innovation's partnership's reports and |
1425 | recommendations shall be made available to the State Board of |
1426 | Education, the Florida Early Learning Advisory Council, other |
1427 | appropriate state agencies and entities, district school boards, |
1428 | central agencies for child care, and county health departments. |
1429 | The annual report must provide an analysis of school readiness |
1430 | activities across the state, including the number of children |
1431 | who were served in the programs and the number of children who |
1432 | were ready for school. |
1433 | (o)(t) The Agency for Workforce Innovation partnership |
1434 | shall work with the early learning school readiness coalitions |
1435 | to increase parents' training for and involvement in their |
1436 | children's preschool education and to provide family literacy |
1437 | activities and programs. |
1438 |
|
1439 | To ensure that the system for measuring school readiness is |
1440 | comprehensive and appropriate statewide, as the system is |
1441 | developed and implemented, the partnership must consult with |
1442 | representatives of district school systems, providers of public |
1443 | and private child care, health care providers, large and small |
1444 | employers, experts in education for children with disabilities, |
1445 | and experts in child development. |
1446 | (5) CREATION OF EARLY LEARNING SCHOOL READINESS |
1447 | COALITIONS.-- |
1448 | (a) Early learning School readiness coalitions.-- |
1449 | 1. The Agency for Workforce Innovation shall establish the |
1450 | minimum number of children to be served by each early learning |
1451 | coalition through the coalition's school readiness program. The |
1452 | Agency for Workforce Innovation may only approve school |
1453 | readiness plans in accordance with this minimum number. The |
1454 | minimum number must be uniform for every early learning |
1455 | coalition and must: |
1456 | a. Permit 30 or fewer coalitions to be established; and |
1457 | b. Require each coalition to serve at least 2,000 children |
1458 | based upon the average number of all children served per month |
1459 | through the coalition's school readiness program during the |
1460 | previous 12 months. |
1461 |
|
1462 | The Agency for Workforce Innovation shall adopt procedures for |
1463 | merging early learning coalitions, including procedures for the |
1464 | consolidation of merging coalitions, and for the early |
1465 | termination of the terms of coalition members which are |
1466 | necessary to accomplish the mergers. Each early learning |
1467 | coalition must comply with the merger procedures and shall be |
1468 | organized in accordance with this subparagraph by April 1, 2005. |
1469 | By June 30, 2005, each coalition must complete the transfer of |
1470 | powers, duties, functions, rules, records, personnel, property, |
1471 | and unexpended balances of appropriations, allocations, and |
1472 | other funds to the successor coalition, if applicable. |
1473 | 2.1. If an early learning coalition a coalition's plan |
1474 | would serve fewer less than 400 birth-to-kindergarten age |
1475 | children than the minimum number established under subparagraph |
1476 | 1., the coalition must merge either join with another county to |
1477 | form a multicounty coalition. However, the Agency for Workforce |
1478 | Innovation may authorize an early learning coalition to serve |
1479 | fewer children than the minimum number established under |
1480 | subparagraph 1., if: |
1481 | a. The coalition demonstrates to the Agency for Workforce |
1482 | Innovation that merging with another county or multicounty |
1483 | region contiguous to the coalition would cause an extreme |
1484 | hardship on the coalition; |
1485 | b. The Agency for Workforce Innovation has determined |
1486 | during the most recent annual review of the coalition's school |
1487 | readiness plan, or through monitoring and performance |
1488 | evaluations conducted under paragraph (4)(l), that the coalition |
1489 | has substantially implemented its plan and substantially met the |
1490 | performance standards and outcome measures adopted by the |
1491 | agency; and |
1492 | c. The coalition demonstrates to the Agency for Workforce |
1493 | Innovation the coalition's, enter an agreement with a fiscal |
1494 | agent to serve more than one coalition, or demonstrate to the |
1495 | partnership its ability to effectively and efficiently implement |
1496 | the Voluntary Prekindergarten Education Program its plan as a |
1497 | single-county coalition and meet all required performance |
1498 | standards and outcome measures. |
1499 |
|
1500 | If an early learning coalition fails or refuses to merge as |
1501 | required by this subparagraph, the Agency for Workforce |
1502 | Innovation may dissolve the coalition and temporarily contract |
1503 | with a qualified entity to continue school readiness and |
1504 | prekindergarten services in the coalition's county or |
1505 | multicounty region until the coalition is reestablished through |
1506 | resubmission of a school readiness plan and approval by the |
1507 | agency. |
1508 | 3. Each early learning coalition shall be composed of at |
1509 | least 18 members but not more than 35 members. The Agency for |
1510 | Workforce Innovation shall adopt standards establishing within |
1511 | this range the minimum and maximum number of members that may be |
1512 | appointed to an early learning coalition. These standards must |
1513 | include variations for a coalition serving a multicounty region. |
1514 | Each early learning coalition must comply with these standards. |
1515 | 4. The Governor shall appoint the chair and two other |
1516 | members of each early learning coalition, who must each meet the |
1517 | same qualifications as private-sector business members appointed |
1518 | by the coalition under subparagraph 6. |
1519 | 5.2. Each early learning coalition shall have at least 18 |
1520 | but not more than 25 members and such members must include the |
1521 | following members: |
1522 | a. A Department of Children and Family Services district |
1523 | administrator or his or her designee who is authorized to make |
1524 | decisions on behalf of the department. |
1525 | b. A district superintendent of schools or his or her |
1526 | designee who is authorized to make decisions on behalf of the |
1527 | district, who shall be a nonvoting member. |
1528 | c. A regional workforce development board executive chair |
1529 | or director or his or her designee, where applicable. |
1530 | d. A county health department director or his or her |
1531 | designee. |
1532 | e. A children's services council or juvenile welfare board |
1533 | chair or executive director, if applicable, who shall be a |
1534 | nonvoting member if the council or board is the fiscal agent of |
1535 | the coalition or if the council or board contracts with and |
1536 | receives funds from the coalition. |
1537 | f. An agency head of a local child care licensing agency |
1538 | as defined in s. 402.302, where applicable head. |
1539 | g. A president of a community college or his or her |
1540 | designee. |
1541 | g. One member appointed by a Department of Children and |
1542 | Family Services district administrator. |
1543 | h. One member appointed by a board of county |
1544 | commissioners. |
1545 | i. One member appointed by a district school board. |
1546 | i.j. A central child care agency administrator, where |
1547 | applicable, who shall be a nonvoting member. |
1548 | j.k. A Head Start director, who shall be a nonvoting |
1549 | member. |
1550 | k.l. A representative of private child care providers, |
1551 | including family day care homes, who shall be a nonvoting |
1552 | member. |
1553 | l.m. A representative of faith-based child care providers, |
1554 | who shall be a nonvoting member. |
1555 | m. A representative of programs for children with |
1556 | disabilities under the federal Individuals with Disabilities |
1557 | Education Act, who shall be a nonvoting member. |
1558 | 6. Including the members appointed by the Governor under |
1559 | subparagraph 4., more than one-third of the coalition members of |
1560 | each early learning coalition must be private-sector business |
1561 | members who do not have, and none of whose relatives as defined |
1562 | in s. 112.3143 has, a substantial financial interest in the |
1563 | design or delivery of the Voluntary Prekindergarten Education |
1564 | Program created under part V of chapter 1002 or the coalition's |
1565 | school readiness program from the private sector, and neither |
1566 | they nor their families may earn an income from the early |
1567 | education and child care industry. To meet this requirement an |
1568 | early learning a coalition must appoint additional members from |
1569 | a list of nominees submitted presented to the coalition by a |
1570 | chamber of commerce or economic development council within the |
1571 | geographic region served by area of the coalition. The Agency |
1572 | for Workforce Innovation shall establish criteria for appointing |
1573 | private-sector business members. These criteria must include |
1574 | standards for determining whether a member or relative has a |
1575 | substantial financial interest in the design or delivery of the |
1576 | Voluntary Prekindergarten Education Program or the coalition's |
1577 | school readiness program. |
1578 | 7. A majority of the voting membership of an early |
1579 | learning coalition constitutes a quorum required to conduct the |
1580 | business of the coalition. |
1581 | 8.3. A voting No member of an early learning a coalition |
1582 | may not appoint a designee to act in his or her place, except as |
1583 | otherwise provided in this paragraph. A voting member may send a |
1584 | representative to coalition meetings, but that representative |
1585 | does not will have no voting privileges. When a district |
1586 | superintendent of schools or a district administrator for the |
1587 | Department of Children and Family Services appoints a designee |
1588 | to an early learning a school readiness coalition, the designee |
1589 | is will be the voting member of the coalition, and any |
1590 | individual attending in the designee's his or her place, |
1591 | including the district administrator or superintendent, does not |
1592 | will have no voting privileges. |
1593 | 9.4. Each member Members of an early learning the |
1594 | coalition is are subject to ss. 112.313, 112.3135, and 112.3143 |
1595 | the ethics provisions in part III of chapter 112. For purposes |
1596 | of s. 112.3143(3)(a), each voting member is a local public |
1597 | officer who must abstain from voting when a voting conflict |
1598 | exists. |
1599 | 10.5. For the purposes of tort liability, each member or |
1600 | employee of an early learning the members of the school |
1601 | readiness coalition and its employees shall be governed by s. |
1602 | 768.28. |
1603 | 11.6. An early learning coalition serving a multicounty |
1604 | region must coalitions shall include representation from each |
1605 | county. |
1606 | 12.7. Each early learning coalition shall establish The |
1607 | terms for of all appointed members of the coalition. The terms |
1608 | must be staggered and must be a uniform length that does not |
1609 | exceed 4 years per term. Appointed members may serve a maximum |
1610 | of two consecutive terms. When a vacancy occurs in an appointed |
1611 | position, the coalition must advertise the vacancy. |
1612 | (b) Program participation.--The school readiness program |
1613 | shall be established for children from birth to the beginning of |
1614 | the school year for which a child is eligible for admission to 5 |
1615 | years of age or until the child enters kindergarten in a public |
1616 | school under s. 1003.21(1)(a)2. The program shall be |
1617 | administered by the early learning school readiness coalition. |
1618 | Within funding limitations, the early learning school readiness |
1619 | coalition, along with all providers, shall make reasonable |
1620 | efforts to accommodate the needs of children for extended-day |
1621 | and extended-year services without compromising the quality of |
1622 | the program. |
1623 | (c) Program expectations.-- |
1624 | 1. The school readiness program must meet the following |
1625 | expectations: |
1626 | a. The program must, at a minimum, enhance the age- |
1627 | appropriate progress of each child in the development of the |
1628 | school readiness skills required under paragraph (4)(j) prepare |
1629 | preschool children to enter kindergarten ready to learn, as |
1630 | measured by the performance standards and outcome measures |
1631 | adopted criteria established by the Agency for Workforce |
1632 | Innovation Florida Partnership for School Readiness. |
1633 | b. The program must provide extended-day and extended-year |
1634 | services to the maximum extent possible to meet the needs of |
1635 | parents who work. |
1636 | c. There must be coordinated staff development and |
1637 | teaching opportunities. |
1638 | d. There must be expanded access to community services and |
1639 | resources for families to help achieve economic self- |
1640 | sufficiency. |
1641 | e. There must be a single point of entry and unified |
1642 | waiting list. As used in this sub-subparagraph, the term "single |
1643 | point of entry" means an integrated information system that |
1644 | allows a parent to enroll his or her child in the school |
1645 | readiness program at various locations throughout the county or |
1646 | multicounty region served by an early learning coalition, that |
1647 | may allow a parent to enroll his or her child by telephone or |
1648 | through an Internet website, and that uses a unified waiting |
1649 | list to track eligible children waiting for enrollment in the |
1650 | school readiness program. The Agency for Workforce Innovation |
1651 | shall establish a single statewide information system that |
1652 | integrates each early learning coalition's single point of |
1653 | entry, and each coalition must use the statewide system. |
1654 | f. The Agency for Workforce Innovation must consider the |
1655 | access of eligible children to the school readiness program, as |
1656 | demonstrated in part by waiting lists, before approving a |
1657 | proposed increase in payment rates submitted by an early |
1658 | learning coalition. In addition, early learning coalitions shall |
1659 | use school readiness funds made available due to enrollment |
1660 | shifts from school readiness programs to the Voluntary |
1661 | Prekindergarten Education Program for increasing the number of |
1662 | children served in school readiness programs before increasing |
1663 | payment rates. |
1664 | f. As long as funding or eligible populations do not |
1665 | decrease, the program must serve at least as many children as |
1666 | were served prior to implementation of the program. |
1667 | g. There must be a community plan to address the needs of |
1668 | all eligible children. |
1669 | h. The program must meet all state licensing guidelines, |
1670 | where applicable. |
1671 | 2. The early learning school readiness coalition must |
1672 | implement a comprehensive program of school readiness services |
1673 | that enhance the cognitive, social, and physical development of |
1674 | children to achieve the performance standards and outcome |
1675 | measures adopted specified by the Agency for Workforce |
1676 | Innovation partnership. At a minimum, these programs must |
1677 | contain the following elements: |
1678 | a. Developmentally appropriate curriculum designed to |
1679 | enhance the age-appropriate progress of children in attaining |
1680 | the performance standards adopted by the Agency for Workforce |
1681 | Innovation under subparagraph (4)(d)8. |
1682 | b. A character development program to develop basic |
1683 | values. |
1684 | c. An age-appropriate assessment of each child's |
1685 | development. |
1686 | d. A pretest administered to children when they enter a |
1687 | program and a posttest administered to children when they leave |
1688 | the program. |
1689 | e. An appropriate staff-to-children staff-to-child ratio. |
1690 | f. A healthy healthful and safe environment. |
1691 | g. A resource and referral network to assist parents in |
1692 | making an informed choice. |
1693 | (d) Implementation.-- |
1694 | 1. An early learning coalition may not implement the |
1695 | school readiness program is to be phased in. until the coalition |
1696 | is authorized implements its plan, the county shall continue to |
1697 | receive the services identified in subsection (3) through the |
1698 | various agencies that would be responsible for delivering those |
1699 | services under current law. Plan implementation is subject to |
1700 | approval of the coalition's school readiness coalition and the |
1701 | plan by the Agency for Workforce Innovation Florida Partnership |
1702 | for School Readiness. |
1703 | 2. Each early learning school readiness coalition shall |
1704 | develop a plan for implementing the school readiness program to |
1705 | meet the requirements of this section and the performance |
1706 | standards and outcome measures adopted established by the Agency |
1707 | for Workforce Innovation partnership. The plan must include a |
1708 | written description of the role of the program in the |
1709 | coalition's effort to meet the first state education goal, |
1710 | readiness to start school, including a description of the plan |
1711 | to involve the prekindergarten early intervention programs, Head |
1712 | Start Programs, programs offered by public or private providers |
1713 | of child care, preschool programs for children with |
1714 | disabilities, programs for migrant children, Title I programs, |
1715 | subsidized child care programs, and teen parent programs. The |
1716 | plan must also demonstrate how the program will ensure that each |
1717 | 3-year-old and 4-year-old child in a publicly funded school |
1718 | readiness program receives scheduled activities and instruction |
1719 | designed to enhance the age-appropriate progress of the prepare |
1720 | children in attaining the performance standards adopted by the |
1721 | Agency for Workforce Innovation under subparagraph (4)(d)8. to |
1722 | enter kindergarten ready to learn. Before implementing Prior to |
1723 | implementation of the school readiness program, the early |
1724 | learning school readiness coalition must submit the plan to the |
1725 | Agency for Workforce Innovation partnership for approval. The |
1726 | Agency for Workforce Innovation partnership may approve the |
1727 | plan, reject the plan, or approve the plan with conditions. The |
1728 | Agency for Workforce Innovation Florida Partnership for School |
1729 | Readiness shall review school readiness coalition plans at least |
1730 | annually. |
1731 | 3. If the Agency for Workforce Innovation determines |
1732 | during the annual review of school readiness plans, or through |
1733 | monitoring and performance evaluations conducted under paragraph |
1734 | (4)(l), that an early learning coalition has not substantially |
1735 | implemented its plan, has not substantially met the performance |
1736 | standards and outcome measures adopted by the agency, or has not |
1737 | effectively administered the school readiness program or |
1738 | Voluntary Prekindergarten Education Program, the Agency for |
1739 | Workforce Innovation may dissolve the coalition and temporarily |
1740 | contract with a qualified entity to continue school readiness |
1741 | and prekindergarten services in the coalition's county or |
1742 | multicounty region until the coalition is reestablished through |
1743 | resubmission of a school readiness plan and approval by the |
1744 | agency. |
1745 | 4.3. The Agency for Workforce Innovation shall adopt |
1746 | criteria for the approval of school readiness plans. The |
1747 | criteria must be consistent with the performance standards and |
1748 | outcome measures adopted by the agency and must require each |
1749 | approved plan to for the school readiness program must include |
1750 | the following minimum standards and provisions: |
1751 | a. A sliding fee scale establishing a copayment for |
1752 | parents based upon their ability to pay, which is the same for |
1753 | all program providers, to be implemented and reflected in each |
1754 | program's budget. |
1755 | b. A choice of settings and locations in licensed, |
1756 | registered, religious-exempt, or school-based programs to be |
1757 | provided to parents. |
1758 | c. Instructional staff who have completed the training |
1759 | course as required in s. 402.305(2)(d)1., as well as staff who |
1760 | have additional training or credentials as required by the |
1761 | Agency for Workforce Innovation partnership. The plan must |
1762 | provide a method for assuring the qualifications of all |
1763 | personnel in all program settings. |
1764 | d. Specific eligibility priorities for children within the |
1765 | early learning coalition's county or multicounty region in |
1766 | accordance with pursuant to subsection (6). |
1767 | e. Performance standards and outcome measures adopted |
1768 | established by the Agency for Workforce Innovation partnership |
1769 | or alternatively, standards and outcome measures to be used |
1770 | until such time as the partnership adopts such standards and |
1771 | outcome measures. |
1772 | f. Payment Reimbursement rates adopted that have been |
1773 | developed by the early learning coalition and approved by the |
1774 | Agency for Workforce Innovation. Payment Reimbursement rates may |
1775 | shall not have the effect of limiting parental choice or |
1776 | creating standards or levels of services that have not been |
1777 | authorized by the Legislature. |
1778 | g. Systems support services, including a central agency, |
1779 | child care resource and referral, eligibility determinations, |
1780 | training of providers, and parent support and involvement. |
1781 | h. Direct enhancement services to families and children. |
1782 | System support and direct enhancement services shall be in |
1783 | addition to payments for the placement of children in school |
1784 | readiness programs. |
1785 | i. The A business organization of the early learning |
1786 | coalition plan, which must include the coalition's articles of |
1787 | incorporation and bylaws if the coalition is organized as a |
1788 | corporation. If the coalition is not organized as a corporation |
1789 | or other business entity, the plan must include the contract |
1790 | with a fiscal school readiness agent if the coalition is not a |
1791 | legally established corporate entity. An early learning |
1792 | coalition Coalitions may contract with other coalitions to |
1793 | achieve efficiency in multicounty multiple-county services, and |
1794 | these such contracts may be part of the coalition's school |
1795 | readiness business plan. |
1796 | j. Strategies to meet the needs of unique populations, |
1797 | such as migrant workers. |
1798 |
|
1799 | As part of the school readiness plan, the early learning |
1800 | coalition may request the Governor to apply for a waiver to |
1801 | allow the coalition to administer the Head Start Program to |
1802 | accomplish the purposes of the school readiness program. If a |
1803 | any school readiness plan demonstrates can demonstrate that |
1804 | specific statutory goals can be achieved more effectively by |
1805 | using procedures that require modification of existing rules, |
1806 | policies, or procedures, a request for a waiver to the Agency |
1807 | for Workforce Innovation partnership may be submitted made as |
1808 | part of the plan. Upon review, the Agency for Workforce |
1809 | Innovation partnership may grant the proposed modification. |
1810 | 5.4. Persons with an early childhood teaching certificate |
1811 | may provide support and supervision to other staff in the school |
1812 | readiness program. |
1813 | 6.5. An early learning The coalition may not implement its |
1814 | school readiness plan until it submits the plan to and receives |
1815 | approval from the Agency for Workforce Innovation partnership. |
1816 | Once the plan is has been approved, the plan and the services |
1817 | provided under the plan shall be controlled by the early |
1818 | learning coalition rather than by the state agencies or |
1819 | departments. The plan shall be reviewed and revised as |
1820 | necessary, but at least biennially. An early learning coalition |
1821 | may not implement the revisions until the coalition submits the |
1822 | revised plan to and receives approval from the Agency for |
1823 | Workforce Innovation. If the Agency for Workforce Innovation |
1824 | rejects a revised plan, the coalition must continue to operate |
1825 | under its prior approved plan. |
1826 | 7.6. Sections The following statutes will not apply to |
1827 | local coalitions with approved plans: ss. 125.901(2)(a)3., |
1828 | 411.221, and 411.232 do not apply to an early learning coalition |
1829 | with an approved school readiness plan. To facilitate innovative |
1830 | practices and to allow the regional local establishment of |
1831 | school readiness programs, an early learning a school readiness |
1832 | coalition may apply to the Governor and Cabinet for a waiver of, |
1833 | and the Governor and Cabinet may waive, any of the provisions of |
1834 | ss. 411.223, 411.232, and 1003.54, if the waiver is necessary |
1835 | for implementation of the coalition's school readiness plan. |
1836 | 8.7. Two or more counties may join for purposes the |
1837 | purpose of planning and implementing a school readiness program. |
1838 | 9.8. An early learning A coalition may, subject to |
1839 | approval by of the Agency for Workforce Innovation partnership |
1840 | as part of the coalition's school readiness plan, receive |
1841 | subsidized child care funds for all children eligible for any |
1842 | federal subsidized child care program and be the provider of the |
1843 | program services. |
1844 | 10.9. An early learning coalition may Coalitions are |
1845 | authorized to enter into multiparty contracts with multicounty |
1846 | service providers in order to meet the needs of unique |
1847 | populations such as migrant workers. |
1848 | (e) Requests for proposals; payment schedule.-- |
1849 | 1. At least once every 3 years, beginning July 1, 2001, |
1850 | Each early learning coalition must comply with follow the |
1851 | competitive procurement requirements of s. 287.057 for the |
1852 | procurement of commodities or contractual services from the |
1853 | funds described in paragraph (9)(d) school readiness programs. |
1854 | The period of a contract for purchase of these commodities or |
1855 | contractual services, together with any renewal of the original |
1856 | contract, may not exceed 3 years. |
1857 | 2. Each early learning coalition shall adopt develop a |
1858 | payment schedule that encompasses all programs funded by the |
1859 | that coalition under this section. The payment schedule must |
1860 | take into consideration the relevant market rate, must include |
1861 | the projected number of children to be served, and must be |
1862 | submitted for approval by to the Agency for Workforce Innovation |
1863 | partnership for information. Informal child care arrangements |
1864 | shall be reimbursed at not more than 50 percent of the rate |
1865 | developed for a family day care home childcare. |
1866 | (f) Requirements relating to fiscal agents.--If an early |
1867 | learning the local coalition is not a legally organized as a |
1868 | corporation or other business established corporate entity, the |
1869 | coalition must designate a fiscal agent, which may be a public |
1870 | entity, or a private nonprofit organization, or a certified |
1871 | public accountant who holds a license under chapter 473. The |
1872 | fiscal agent must shall be required to provide financial and |
1873 | administrative services under pursuant to a contract or |
1874 | agreement with the early learning school readiness coalition. |
1875 | The fiscal agent may not provide direct early childhood |
1876 | education or child care services; however, a fiscal agent may |
1877 | provide those such services upon written request of the early |
1878 | learning coalition to the Agency for Workforce Innovation |
1879 | partnership and upon the approval of the such request by the |
1880 | agency partnership. The cost of the financial and administrative |
1881 | services shall be negotiated between the fiscal agent and the |
1882 | early learning school readiness coalition. If the fiscal agent |
1883 | is a provider of early childhood education and child care |
1884 | programs, the contract must specify that the fiscal agent shall |
1885 | will act on policy direction from the early learning coalition |
1886 | and must will not receive policy direction from its own |
1887 | corporate board regarding disbursal of the coalition's coalition |
1888 | funds. The fiscal agent shall disburse funds in accordance with |
1889 | the early learning coalition's approved coalition school |
1890 | readiness plan and based on billing and disbursement procedures |
1891 | approved by the Agency for Workforce Innovation partnership. The |
1892 | fiscal agent must conform to all data-reporting requirements |
1893 | established by the Agency for Workforce Innovation partnership. |
1894 | (g) Evaluation and annual report.--Each early learning |
1895 | school readiness coalition shall conduct an evaluation of the |
1896 | effectiveness of the school readiness program, including |
1897 | performance standards and outcome measures, and shall provide an |
1898 | annual report and fiscal statement to the Agency for Workforce |
1899 | Innovation Florida Partnership for School Readiness. This report |
1900 | must conform to the content and format specifications set by the |
1901 | Agency for Workforce Innovation Florida Partnership for School |
1902 | Readiness. The Agency for Workforce Innovation partnership must |
1903 | include an analysis of the early learning coalitions' coalition |
1904 | reports in the agency's its annual report. |
1905 | (6) PROGRAM ELIGIBILITY.--Each early learning coalition's |
1906 | The school readiness program shall be established for children |
1907 | from birth to the beginning of the school year for which a child |
1908 | is eligible for admission to under the age of kindergarten in a |
1909 | public school under s. 1003.21(1)(a)2. eligibility. Priority for |
1910 | participation in the school readiness program shall be given to |
1911 | children age 3 years to school entry who are served by the |
1912 | Family Safety Program Office of the Department of Children and |
1913 | Family Services or a community-based lead agency under pursuant |
1914 | to chapter 39 and for whom child care is needed to minimize risk |
1915 | of further abuse, neglect, or abandonment. Other eligible |
1916 | populations include children who meet one or more of the |
1917 | following criteria: |
1918 | (a) Children under the age of kindergarten eligibility who |
1919 | are: |
1920 | 1. Children determined to be at risk of abuse, neglect, or |
1921 | exploitation who are currently clients of the Family Safety |
1922 | Program Office of the Department of Children and Family |
1923 | Services, but who are not otherwise given priority under this |
1924 | subsection. |
1925 | 2.1. Children at risk of welfare dependency, including |
1926 | economically disadvantaged children, children of participants in |
1927 | the welfare transition program, children of migrant farmworkers, |
1928 | and children of teen parents. |
1929 | 3.2. Children of working families whose family income does |
1930 | not exceed 150 percent of the federal poverty level. |
1931 | 4.3. Children for whom the state is paying a relative |
1932 | caregiver payment under s. 39.5085. |
1933 | (b) Three-year-old children and 4-year-old children who |
1934 | may not be economically disadvantaged but who have disabilities, |
1935 | have been served in a specific part-time or combination of part- |
1936 | time exceptional education programs with required special |
1937 | services, aids, or equipment, and were previously reported for |
1938 | funding part time with the Florida Education Finance Program as |
1939 | exceptional students. |
1940 | (c) Economically disadvantaged children, children with |
1941 | disabilities, and children at risk of future school failure, |
1942 | from birth to 4 years of age, who are served at home through |
1943 | home visitor programs and intensive parent education programs |
1944 | such as the Florida First Start Program. |
1945 | (d) Children who meet federal and state eligibility |
1946 | requirements for eligibility for the migrant preschool program |
1947 | but who do not meet the criteria of economically disadvantaged. |
1948 |
|
1949 | As used in this subsection, the term An "economically |
1950 | disadvantaged" child means a child whose family income does not |
1951 | exceed is below 150 percent of the federal poverty level. |
1952 | Notwithstanding any change in a family's economic status, but |
1953 | subject to additional family contributions in accordance with |
1954 | the sliding fee scale, a child who meets the eligibility |
1955 | requirements upon initial registration for the program remains |
1956 | shall be considered eligible until the beginning of the school |
1957 | year for which the child is eligible for admission to reaches |
1958 | kindergarten in a public school under s. 1003.21(1)(a)2. age. |
1959 | (7) PARENTAL CHOICE.-- |
1960 | (a) The school readiness program shall provide parental |
1961 | choice through pursuant to a purchase service order that |
1962 | ensures, to the maximum extent possible, flexibility in school |
1963 | readiness programs and payment arrangements. According to |
1964 | federal regulations requiring parental choice, a parent may |
1965 | choose an informal child care arrangement. The purchase order |
1966 | must bear the name of the beneficiary and the program provider |
1967 | and, when redeemed, must bear the signature of both the |
1968 | beneficiary and an authorized representative of the provider. |
1969 | (b) If it is determined that a provider has provided any |
1970 | cash to the beneficiary in return for receiving the purchase |
1971 | order, the early learning coalition or its fiscal agent shall |
1972 | refer the matter to the Division of Public Assistance Fraud for |
1973 | investigation. |
1974 | (c) The office of the Chief Financial Officer shall |
1975 | establish an electronic transfer system for the disbursement of |
1976 | funds in accordance with this subsection. Each early learning |
1977 | coalition School readiness coalitions shall fully implement the |
1978 | electronic funds transfer system within 2 years after plan |
1979 | approval of the coalition's school readiness plan, unless a |
1980 | waiver is obtained from the Agency for Workforce Innovation |
1981 | partnership. |
1982 | (8) STANDARDS; OUTCOME MEASURES.--All publicly funded |
1983 | school readiness programs must shall be required to meet the |
1984 | performance standards and outcome measures adopted developed and |
1985 | approved by the Agency for Workforce Innovation partnership. The |
1986 | Office of Program Policy Analysis and Government Accountability |
1987 | shall provide consultation to the partnership in the development |
1988 | of the measures and standards. These performance standards and |
1989 | outcome measures shall be applicable on a statewide basis. |
1990 | (9) FUNDING; SCHOOL READINESS PROGRAM.-- |
1991 | (a) It is the intent of this section to establish an |
1992 | integrated and quality seamless service delivery system for all |
1993 | publicly funded early childhood education and child care |
1994 | programs operating in this state. |
1995 | (b) Notwithstanding s. 20.50: |
1996 | 1. The Agency for Workforce Innovation shall administer |
1997 | school readiness funds, plans, and policies pursuant to the |
1998 | contract with the Florida Partnership for School Readiness and |
1999 | shall prepare and submit a unified budget request for the school |
2000 | readiness system program in accordance with chapter 216. |
2001 | 2. All instructions to early learning local school |
2002 | readiness coalitions for administering this section shall |
2003 | emanate from the Agency for Workforce Innovation in accordance |
2004 | with the pursuant to policies of the Legislature, plans of the |
2005 | Florida Partnership for School Readiness, and the contract |
2006 | between the Florida Partnership for School Readiness and the |
2007 | agency. |
2008 | (c) The Agency for Workforce Innovation shall adopt |
2009 | prepare a formula plan that provides for the allocation among |
2010 | the early learning coalitions distribution and expenditure of |
2011 | all state and federal school readiness funds for children |
2012 | participating in public or private school readiness programs |
2013 | based upon an equity and performance funding formula. The |
2014 | allocation formula must plan shall be submitted to the Governor |
2015 | and the Legislative Budget Commission. Upon approval, the |
2016 | Legislative Budget Commission shall authorize the transfer of |
2017 | funds to the Agency for Workforce Innovation to distribute funds |
2018 | for distribution in accordance with the allocation provisions of |
2019 | the formula. For fiscal year 2004-2005, the Agency for Workforce |
2020 | Innovation shall allocate funds to the early learning coalitions |
2021 | consistent with the fiscal year 2003-2004 funding allocations to |
2022 | the school readiness coalitions. |
2023 | (d) All state funds budgeted for a county for the programs |
2024 | specified in subsection (3), along with the pro rata share of |
2025 | the state administrative costs of those programs in the amount |
2026 | as determined by the partnership, all federal, funds and |
2027 | required local maintenance-of-effort or matching funds provided |
2028 | to an early learning coalition for a county for programs |
2029 | specified in subsection (3), and any additional funds |
2030 | appropriated or obtained for purposes of this section, shall be |
2031 | used by transferred for the benefit of the coalition for |
2032 | implementation of its school readiness plan, including the |
2033 | hiring of staff to effectively operate the coalition's school |
2034 | readiness program. As part of plan approval and periodic plan |
2035 | review, the Agency for Workforce Innovation partnership shall |
2036 | require that administrative costs be kept to the minimum |
2037 | necessary for efficient and effective administration of the |
2038 | school readiness plan, but total administrative expenditures |
2039 | must shall not exceed 5 percent unless specifically waived by |
2040 | the Agency for Workforce Innovation partnership. The Agency for |
2041 | Workforce Innovation partnership shall annually report to the |
2042 | Legislature any problems relating to administrative costs. |
2043 | (e) The Agency for Workforce Innovation partnership shall |
2044 | annually distribute, to a maximum extent practicable, all |
2045 | eligible funds provided under this section as block grants to |
2046 | the early learning assist coalitions in integrating services and |
2047 | funding to develop a quality service delivery system. Subject to |
2048 | appropriation, the partnership may also provide financial awards |
2049 | to coalitions demonstrating success in merging and integrating |
2050 | funding streams to serve children and school readiness programs. |
2051 | (f) State funds appropriated for the school readiness |
2052 | program may not be used for the construction of new facilities |
2053 | or the purchase of buses. The Agency for Workforce Innovation |
2054 | partnership shall present to the Legislature recommendations for |
2055 | providing necessary transportation services for school readiness |
2056 | programs. |
2057 | (g) All cost savings and all revenues received through a |
2058 | mandatory sliding fee scale shall be used to help fund each |
2059 | early learning coalition's the local school readiness program. |
2060 | (10) SCHOOL READINESS UNIFORM SCREENING.--The Department |
2061 | of Education shall implement a school readiness uniform |
2062 | screening, including a pilot program during the 2001-2002 school |
2063 | year, to validate the system recommended by the Florida |
2064 | Partnership for School Readiness as part of a comprehensive |
2065 | evaluation design. Beginning with the 2002-2003 school year, the |
2066 | department shall require that all school districts administer |
2067 | the school readiness uniform screening to each kindergarten |
2068 | student in the district school system upon the student's entry |
2069 | into kindergarten. Children who enter public school for the |
2070 | first time in first grade must undergo a uniform screening |
2071 | adopted for use in first grade. The department shall incorporate |
2072 | school readiness data into the K-20 data warehouse for |
2073 | longitudinal tracking. Notwithstanding s. 1002.22, the |
2074 | department shall provide the partnership and the Agency for |
2075 | Workforce Innovation with complete and full access to |
2076 | kindergarten uniform screening data at the student, school, |
2077 | district, and state levels in a format that will enable the |
2078 | partnership and the agency to prepare reports needed by state |
2079 | policymakers and local school readiness coalitions to access |
2080 | progress toward school readiness goals and provide input for |
2081 | continuous improvement of local school readiness services and |
2082 | programs. |
2083 | (11) REPORTS.--The Office of Program Policy Analysis and |
2084 | Government Accountability shall assess the implementation, |
2085 | efficiency, and outcomes of the school readiness program and |
2086 | report its findings to the President of the Senate and the |
2087 | Speaker of the House of Representatives by January 1, 2002. |
2088 | Subsequent reviews shall be conducted at the direction of the |
2089 | Joint Legislative Auditing Committee. |
2090 | (10)(12) CONFLICTING PROVISIONS.--In the event of a |
2091 | conflict between the provisions of this section and federal |
2092 | requirements, the federal requirements shall control. |
2093 | (11)(13) PLACEMENTS.--Notwithstanding any other provision |
2094 | of this section to the contrary, and for fiscal year 2004-2005 |
2095 | only, the first children to be placed in the school readiness |
2096 | program shall be those from families receiving temporary cash |
2097 | assistance and subject to federal work requirements. Subsequent |
2098 | placements shall be made in accordance with subsection (6) |
2099 | pursuant to the provisions of this section. This subsection |
2100 | expires July 1, 2005. |
2101 | Section 3. Paragraph (p) of subsection (3) of section |
2102 | 11.45, Florida Statutes, is amended to read: |
2103 | 11.45 Definitions; duties; authorities; reports; rules.-- |
2104 | (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.--The |
2105 | Auditor General may, pursuant to his or her own authority, or at |
2106 | the direction of the Legislative Auditing Committee, conduct |
2107 | audits or other engagements as determined appropriate by the |
2108 | Auditor General of: |
2109 | (p) The school readiness system, including the early |
2110 | learning coalitions, Florida Partnership for School Readiness |
2111 | created under pursuant to s. 411.01. |
2112 | Section 4. Subsection (2) of section 20.50, Florida |
2113 | Statutes, is amended to read: |
2114 | 20.50 Agency for Workforce Innovation.--There is created |
2115 | the Agency for Workforce Innovation within the Department of |
2116 | Management Services. The agency shall be a separate budget |
2117 | entity, and the director of the agency shall be the agency head |
2118 | for all purposes. The agency shall not be subject to control, |
2119 | supervision, or direction by the Department of Management |
2120 | Services in any manner, including, but not limited to, |
2121 | personnel, purchasing, transactions involving real or personal |
2122 | property, and budgetary matters. |
2123 | (2) The Agency for Workforce Innovation is shall be the |
2124 | designated administrative agency designated for receipt of |
2125 | federal workforce development grants and other federal funds. |
2126 | The agency, and shall administer carry out the duties and |
2127 | responsibilities assigned by the Governor under each federal |
2128 | grant assigned to the agency. The agency shall be a separate |
2129 | budget entity and shall expend each revenue source as provided |
2130 | by federal and state law and as provided in plans developed by |
2131 | and agreements with Workforce Florida, Inc. The agency shall |
2132 | prepare and submit as a separate budget entity a unified budget |
2133 | request for workforce development, in accordance with chapter |
2134 | 216 for, and in conjunction with, Workforce Florida, Inc., and |
2135 | its board. The head of the agency is the director of Workforce |
2136 | Innovation, who shall be appointed by the Governor. The |
2137 | accountability and reporting functions of the agency shall be |
2138 | administered by the director or his or her designee. Included in |
2139 | These functions shall include are budget management, financial |
2140 | management, audit, performance management standards and |
2141 | controls, assessing outcomes of service delivery, and financial |
2142 | administration of workforce programs under pursuant to s. |
2143 | 445.004(5) and (9). Within the agency's overall organizational |
2144 | structure, The agency shall include the following offices within |
2145 | its organizational structure, which shall have the specified |
2146 | responsibilities: |
2147 | (a) The Office of Workforce Services shall administer the |
2148 | unemployment compensation program, the Rapid Response program, |
2149 | the Work Opportunity Tax Credit program, the Alien Labor |
2150 | Certification program, and any other programs that are delivered |
2151 | directly by agency staff rather than through the one-stop |
2152 | delivery system. The office shall be directed by the Deputy |
2153 | Director for Workforce Services, who shall be appointed by and |
2154 | serve at the pleasure of the director. |
2155 | (b) The Office of Program Support and Accountability shall |
2156 | administer state merit system program staff within the workforce |
2157 | service delivery system, under the pursuant to policies of |
2158 | Workforce Florida, Inc. The office is shall be responsible for |
2159 | delivering services through the one-stop delivery system and for |
2160 | ensuring that participants in welfare transition programs |
2161 | receive case management services, diversion assistance, support |
2162 | services, including subsidized child care and transportation |
2163 | services, Medicaid services, and transition assistance to enable |
2164 | them to succeed in the workforce. The office is shall also be |
2165 | responsible for program quality assurance, grants and contract |
2166 | management, contracting, financial management, and reporting. |
2167 | The office shall be directed by the Deputy Director for Program |
2168 | Support and Accountability, who shall be appointed by and serve |
2169 | at the pleasure of the director. The office is shall be |
2170 | responsible for: |
2171 | 1. Establishing monitoring, quality assurance, and quality |
2172 | improvement systems that routinely assess the quality and |
2173 | effectiveness of contracted programs and services. |
2174 | 2. Annual review of each regional workforce board and |
2175 | administrative entity to ensure that adequate systems of |
2176 | reporting and control are in place; that, and monitoring, |
2177 | quality assurance, and quality improvement activities are |
2178 | conducted routinely;, and that corrective action is taken to |
2179 | eliminate deficiencies. |
2180 | (c) The Office of Early Learning shall administer the |
2181 | school readiness system in accordance with s. 411.01 and the |
2182 | operational requirements of the Voluntary Prekindergarten |
2183 | Education Program in accordance with part V of chapter 1002. The |
2184 | office shall be directed by the Deputy Director for Early |
2185 | Learning, who shall be appointed by and serve at the pleasure of |
2186 | the director. |
2187 | (d)(c) The Office of Agency Support Services is shall be |
2188 | responsible for procurement, human resource services, and |
2189 | information services including delivering information on labor |
2190 | markets, employment, occupations, and performance, and shall |
2191 | implement and maintain information systems that are required for |
2192 | the effective operation of the one-stop delivery system and the |
2193 | school readiness services system, including, but not limited to, |
2194 | those systems described in s. 445.009. The office shall will be |
2195 | directed by under the direction of the Deputy Director for |
2196 | Agency Support Services, who shall be appointed by and serve at |
2197 | the pleasure of the director. The office is shall be responsible |
2198 | for establishing: |
2199 | 1. Information systems and controls that report reliable, |
2200 | timely and accurate fiscal and performance data for assessing |
2201 | outcomes, service delivery, and financial administration of |
2202 | workforce programs under pursuant to s. 445.004(5) and (9). |
2203 | 2. Information systems that support service integration |
2204 | and case management by providing for case tracking for |
2205 | participants in welfare transition programs. |
2206 | 3. Information systems that support the school readiness |
2207 | system services. |
2208 | (e)(d) The Unemployment Appeals Commission, authorized by |
2209 | s. 443.012, is shall not be subject to the control, supervision, |
2210 | or direction by the Agency for Workforce Innovation in the |
2211 | performance of its powers and duties but shall receive any and |
2212 | all support and assistance from the agency that is may be |
2213 | required for the performance of its duties. |
2214 | Section 5. Paragraph (b) of subsection (1) of section |
2215 | 125.901, Florida Statutes, is amended to read: |
2216 | 125.901 Children's services; independent special district; |
2217 | council; powers, duties, and functions.-- |
2218 | (1) Each county may by ordinance create an independent |
2219 | special district, as defined in ss. 189.403(3) and |
2220 | 200.001(8)(e), to provide funding for children's services |
2221 | throughout the county in accordance with this section. The |
2222 | boundaries of such district shall be coterminous with the |
2223 | boundaries of the county. The county governing body shall obtain |
2224 | approval, by a majority vote of those electors voting on the |
2225 | question, to annually levy ad valorem taxes which shall not |
2226 | exceed the maximum millage rate authorized by this section. Any |
2227 | district created pursuant to the provisions of this subsection |
2228 | shall be required to levy and fix millage subject to the |
2229 | provisions of s. 200.065. Once such millage is approved by the |
2230 | electorate, the district shall not be required to seek approval |
2231 | of the electorate in future years to levy the previously |
2232 | approved millage. |
2233 | (b) However, any county as defined in s. 125.011(1) may |
2234 | instead have a governing board consisting of 33 members, |
2235 | including: the superintendent of schools; two representatives of |
2236 | public postsecondary education institutions located in the |
2237 | county; the county manager or the equivalent county officer; the |
2238 | district administrator from the appropriate district of the |
2239 | Department of Children and Family Services, or the |
2240 | administrator's designee who is a member of the Senior |
2241 | Management Service or the Selected Exempt Service; the director |
2242 | of the county health department or the director's designee; the |
2243 | state attorney for the county or the state attorney's designee; |
2244 | the chief judge assigned to juvenile cases, or another juvenile |
2245 | judge who is the chief judge's designee and who shall sit as a |
2246 | voting member of the board, except that the judge may not vote |
2247 | or participate in setting ad valorem taxes under this section; |
2248 | an individual who is selected by the board of the local United |
2249 | Way or its equivalent; a member of a locally recognized faith- |
2250 | based coalition, selected by that coalition; a member of the |
2251 | local chamber of commerce, selected by that chamber or, if more |
2252 | than one chamber exists within the county, a person selected by |
2253 | a coalition of the local chambers; a member of the early |
2254 | learning local school readiness coalition, selected by that |
2255 | coalition; a representative of a labor organization or union |
2256 | active in the county; a member of a local alliance or coalition |
2257 | engaged in cross-system planning for health and social service |
2258 | delivery in the county, selected by that alliance or coalition; |
2259 | a member of the local Parent-Teachers Association/Parent- |
2260 | Teacher-Student Association, selected by that association; a |
2261 | youth representative selected by the local school system's |
2262 | student government; a local school board member appointed by the |
2263 | chair of the school board; the mayor of the county or the |
2264 | mayor's designee; one member of the county governing body, |
2265 | appointed by the chair of that body; a member of the state |
2266 | Legislature who represents residents of the county, selected by |
2267 | the chair of the local legislative delegation; an elected |
2268 | official representing the residents of a municipality in the |
2269 | county, selected by the county municipal league; and 4 members- |
2270 | at-large, appointed to the council by the majority of sitting |
2271 | council members. The remaining 7 members shall be appointed by |
2272 | the Governor in accordance with procedures set forth in |
2273 | paragraph (a), except that the Governor may remove a member for |
2274 | cause or upon the written petition of the council. Appointments |
2275 | by the Governor must, to the extent reasonably possible, |
2276 | represent the geographic and demographic diversity of the |
2277 | population of the county. Members who are appointed to the |
2278 | council by reason of their position are not subject to the |
2279 | length of terms and limits on consecutive terms as provided in |
2280 | this section. The remaining appointed members of the governing |
2281 | board shall be appointed to serve 2-year terms, except that |
2282 | those members appointed by the Governor shall be appointed to |
2283 | serve 4-year terms, and the youth representative and the |
2284 | legislative delegate shall be appointed to serve 1-year terms. A |
2285 | member may be reappointed; however, a member may not serve for |
2286 | more than three consecutive terms. A member is eligible to be |
2287 | appointed again after a 2-year hiatus from the council. |
2288 | Section 6. Subsection (1) of section 216.133, Florida |
2289 | Statutes, is amended to read: |
2290 | 216.133 Definitions; ss. 216.133-216.137.--As used in ss. |
2291 | 216.133-216.137: |
2292 | (1) "Consensus estimating conference" includes the |
2293 | Economic Estimating Conference, the Demographic Estimating |
2294 | Conference, the Revenue Estimating Conference, the Education |
2295 | Estimating Conference, the Criminal Justice Estimating |
2296 | Conference, the Juvenile Justice Estimating Conference, the |
2297 | Child Welfare System Estimating Conference, the Occupational |
2298 | Forecasting Conference, the Early Learning Programs School |
2299 | Readiness Program Estimating Conference, the Self-Insurance |
2300 | Estimating Conference, the Florida Retirement System Actuarial |
2301 | Assumption Conference, and the Social Services Estimating |
2302 | Conference. |
2303 | Section 7. Subsection (10) of section 216.136, Florida |
2304 | Statutes, is amended to read: |
2305 | 216.136 Consensus estimating conferences; duties and |
2306 | principals.-- |
2307 | (10) EARLY LEARNING PROGRAMS SCHOOL READINESS PROGRAM |
2308 | ESTIMATING CONFERENCE.-- |
2309 | (a) Duties.-- |
2310 | 1. The Early Learning Programs School Readiness Program |
2311 | Estimating Conference shall develop estimates and forecasts of |
2312 | the unduplicated count of children eligible for school readiness |
2313 | programs in accordance with the standards of eligibility |
2314 | established in s. 411.01(6), and of children eligible for the |
2315 | Voluntary Prekindergarten Education Program in accordance with |
2316 | s. 1002.53(2), as the conference determines are needed to |
2317 | support the state planning, budgeting, and appropriations |
2318 | processes. |
2319 | 2. The Agency for Workforce Innovation Florida Partnership |
2320 | for School Readiness shall provide information on needs and |
2321 | waiting lists for school readiness programs, and information on |
2322 | the needs for the Voluntary Prekindergarten Education Program, |
2323 | as program services requested by the Early Learning Programs |
2324 | School Readiness Program Estimating Conference or individual |
2325 | conference principals in a timely manner. |
2326 | (b) Principals.--The Executive Office of the Governor, the |
2327 | Director of Economic and Demographic Research, and professional |
2328 | staff who have forecasting expertise from the Florida |
2329 | Partnership for School Readiness, the Agency for Workforce |
2330 | Innovation, the Department of Children and Family Services, the |
2331 | Department of Education, the Senate, and the House of |
2332 | Representatives, or their designees, are the principals of the |
2333 | Early Learning Programs School Readiness Program Estimating |
2334 | Conference. The principal representing the Executive Office of |
2335 | the Governor shall preside over sessions of the conference. |
2336 | Section 8. Section 402.3016, Florida Statutes, is amended |
2337 | to read: |
2338 | 402.3016 Early Head Start collaboration grants.-- |
2339 | (1) Contingent upon specific appropriations, the Agency |
2340 | for Workforce Innovation Florida Partnership for School |
2341 | Readiness shall establish a program to award collaboration |
2342 | grants to assist local agencies in securing Early Head Start |
2343 | programs through Early Head Start program federal grants. The |
2344 | collaboration grants shall provide the required matching funds |
2345 | for public and private nonprofit agencies that have been |
2346 | approved for Early Head Start program federal grants. |
2347 | (2) Public and private nonprofit agencies providing Early |
2348 | Head Start programs applying for collaborative grants must: |
2349 | (a) Ensure quality performance by meeting the requirements |
2350 | in the Head Start program performance standards and other |
2351 | applicable rules and regulations; |
2352 | (b) Ensure collaboration with other service providers at |
2353 | the local level; and |
2354 | (c) Ensure that a comprehensive array of health, |
2355 | nutritional, and other services are provided to the program's |
2356 | pregnant women and very young children, and their families. |
2357 | (3) The Agency for Workforce Innovation partnership shall |
2358 | report to the Legislature on an annual basis the number of |
2359 | agencies receiving Early Head Start collaboration grants and the |
2360 | number of children served. |
2361 | (4) The Agency for Workforce Innovation partnership may |
2362 | adopt rules under ss. 120.536(1) and 120.54 as necessary for the |
2363 | award of collaboration grants to competing agencies and the |
2364 | administration of the collaboration grants program under this |
2365 | section. |
2366 | Section 9. Section 411.011, Florida Statutes, is amended |
2367 | to read: |
2368 | 411.011 Records of children in school readiness |
2369 | programs.--The individual records of children enrolled in school |
2370 | readiness programs provided under s. 411.01, when held in the |
2371 | possession of the early learning school readiness coalition or |
2372 | the Agency for Workforce Innovation Florida Partnership for |
2373 | School Readiness, are confidential and exempt from the |
2374 | provisions of s. 119.07 and s. 24(a), Art. I of the State |
2375 | Constitution. For the purposes of this section, records include |
2376 | assessment data, health data, records of teacher observations, |
2377 | and identifying data, including the child's social security |
2378 | number. A parent, guardian, or individual acting as a parent in |
2379 | the absence of a parent or guardian has the right to inspect and |
2380 | review the individual school readiness program record of his or |
2381 | her child and to obtain a copy of the record. School readiness |
2382 | records may be released to the United States Secretary of |
2383 | Education, the United States Secretary of Health and Human |
2384 | Services, and the Comptroller General of the United States for |
2385 | the purpose of federal audits; to individuals or organizations |
2386 | conducting studies for institutions to develop, validate, or |
2387 | administer assessments or improve instruction; to accrediting |
2388 | organizations in order to carry out their accrediting functions; |
2389 | to appropriate parties in connection with an emergency if the |
2390 | information is necessary to protect the health or safety of the |
2391 | student or other individuals; to the Auditor General in |
2392 | connection with his or her official functions; to a court of |
2393 | competent jurisdiction in compliance with an order of that court |
2394 | in accordance with pursuant to a lawfully issued subpoena; and |
2395 | to parties to an interagency agreement among early learning |
2396 | school readiness coalitions, local governmental agencies, |
2397 | providers of school readiness programs, state agencies, and the |
2398 | Agency for Workforce Innovation Florida Partnership for School |
2399 | Readiness for the purpose of implementing the school readiness |
2400 | program. Agencies, organizations, or individuals that receive |
2401 | school readiness records in order to carry out their official |
2402 | functions must protect the data in a manner that does will not |
2403 | permit the personal identification of students and their parents |
2404 | by persons other than those authorized to receive the records. |
2405 | This section is subject to the Open Government Sunset Review Act |
2406 | of 1995 in accordance with s. 119.15 and shall stand repealed on |
2407 | October 2, 2005, unless reviewed and saved from repeal through |
2408 | reenactment by the Legislature. |
2409 | Section 10. Paragraph (e) of subsection (2) of section |
2410 | 411.226, Florida Statutes, is amended to read: |
2411 | 411.226 Learning Gateway.-- |
2412 | (2) LEARNING GATEWAY STEERING COMMITTEE.-- |
2413 | (e) To support and facilitate system improvements, the |
2414 | steering committee must consult with representatives from the |
2415 | Department of Education, the Department of Health, the Agency |
2416 | for Workforce Innovation Florida Partnership for School |
2417 | Readiness, the Department of Children and Family Services, the |
2418 | Agency for Health Care Administration, the Department of |
2419 | Juvenile Justice, and the Department of Corrections and with the |
2420 | director of the Learning Development and Evaluation Center of |
2421 | Florida Agricultural and Mechanical University. |
2422 | Section 11. Paragraph (d) of subsection (1), paragraph (a) |
2423 | of subsection (2), and paragraph (c) of subsection (3) of |
2424 | section 411.227, Florida Statutes, are amended to read: |
2425 | 411.227 Components of the Learning Gateway.--The Learning |
2426 | Gateway system consists of the following components: |
2427 | (1) COMMUNITY EDUCATION STRATEGIES AND FAMILY-ORIENTED |
2428 | ACCESS.-- |
2429 | (d) In collaboration with other local resources, the |
2430 | demonstration projects shall develop public awareness strategies |
2431 | to disseminate information about developmental milestones, |
2432 | precursors of learning problems and other developmental delays, |
2433 | and the service system that is available. The information should |
2434 | target parents of children from birth through age 9 and should |
2435 | be distributed to parents, health care providers, and caregivers |
2436 | of children from birth through age 9. A variety of media should |
2437 | be used as appropriate, such as print, television, radio, and a |
2438 | community-based Internet website, as well as opportunities such |
2439 | as those presented by parent visits to physicians for well-child |
2440 | checkups. The Learning Gateway Steering Committee shall provide |
2441 | technical assistance to the local demonstration projects in |
2442 | developing and distributing educational materials and |
2443 | information. |
2444 | 1. Public awareness strategies targeting parents of |
2445 | children from birth through age 5 shall be designed to provide |
2446 | information to public and private preschool programs, child care |
2447 | childcare providers, pediatricians, parents, and local |
2448 | businesses and organizations. These strategies should include |
2449 | information on the school readiness performance standards for |
2450 | kindergarten adopted by the Agency for Workforce Innovation |
2451 | School Readiness Partnership Board. |
2452 | 2. Public awareness strategies targeting parents of |
2453 | children from ages 6 through 9 must be designed to disseminate |
2454 | training materials and brochures to parents and public and |
2455 | private school personnel, and must be coordinated with the local |
2456 | school board and the appropriate school advisory committees in |
2457 | the demonstration projects. The materials should contain |
2458 | information on state and district proficiency levels for grades |
2459 | K-3. |
2460 | (2) SCREENING AND DEVELOPMENTAL MONITORING.-- |
2461 | (a) In coordination with the Agency for Workforce |
2462 | Innovation Partnership for School Readiness, the Department of |
2463 | Education, and the Florida Pediatric Society, and using |
2464 | information learned from the local demonstration projects, the |
2465 | Learning Gateway Steering Committee shall establish guidelines |
2466 | for screening children from birth through age 9. The guidelines |
2467 | should incorporate recent research on the indicators most likely |
2468 | to predict early learning problems, mild developmental delays, |
2469 | child-specific precursors of school failure, and other related |
2470 | developmental indicators in the domains of cognition; |
2471 | communication; attention; perception; behavior; and social, |
2472 | emotional, sensory, and motor functioning. |
2473 | (3) EARLY EDUCATION, SERVICES AND SUPPORTS.-- |
2474 | (c) The steering committee, in cooperation with the |
2475 | Department of Children and Family Services, the Department of |
2476 | Education, and the Agency for Workforce Innovation Florida |
2477 | Partnership for School Readiness, shall identify the elements of |
2478 | an effective research-based curriculum for early care and |
2479 | education programs. |
2480 | Section 12. Subsection (1) of section 1001.23, Florida |
2481 | Statutes, is amended to read: |
2482 | 1001.23 Specific powers and duties of the Department of |
2483 | Education.--In addition to all other duties assigned to it by |
2484 | law or by rule of the State Board of Education, the department |
2485 | shall: |
2486 | (1) Adopt the statewide kindergarten school readiness |
2487 | uniform screening developed by the Florida Partnership for |
2488 | School Readiness, in accordance with s. 1002.69 the criteria |
2489 | itemized in chapter 1008. |
2490 | Section 13. Paragraph (d) of subsection (3) of section |
2491 | 1002.22, Florida Statutes, is amended to read: |
2492 | 1002.22 Student records and reports; rights of parents and |
2493 | students; notification; penalty.-- |
2494 | (3) RIGHTS OF PARENT OR STUDENT.--The parent of any |
2495 | student who attends or has attended any public school, career |
2496 | center, or public postsecondary educational institution shall |
2497 | have the following rights with respect to any records or reports |
2498 | created, maintained, and used by any public educational |
2499 | institution in the state. However, whenever a student has |
2500 | attained 18 years of age, or is attending a postsecondary |
2501 | educational institution, the permission or consent required of, |
2502 | and the rights accorded to, the parents of the student shall |
2503 | thereafter be required of and accorded to the student only, |
2504 | unless the student is a dependent student of such parents as |
2505 | defined in 26 U.S.C. s. 152 (s. 152 of the Internal Revenue Code |
2506 | of 1954). The State Board of Education shall adopt rules whereby |
2507 | parents or students may exercise these rights: |
2508 | (d) Right of privacy.--Every student has shall have a |
2509 | right of privacy with respect to the educational records kept on |
2510 | him or her. Personally identifiable records or reports of a |
2511 | student, and any personal information contained therein, are |
2512 | confidential and exempt from the provisions of s. 119.07(1). A |
2513 | state or local educational agency, board, public school, career |
2514 | center, or public postsecondary educational institution may not |
2515 | permit the release of such records, reports, or information |
2516 | without the written consent of the student's parent, or of the |
2517 | student himself or herself if he or she is qualified as provided |
2518 | in this subsection, to any individual, agency, or organization. |
2519 | However, personally identifiable records or reports of a student |
2520 | may be released to the following persons or organizations |
2521 | without the consent of the student or the student's parent: |
2522 | 1. Officials of schools, school systems, career centers, |
2523 | or public postsecondary educational institutions in which the |
2524 | student seeks or intends to enroll; and a copy of such records |
2525 | or reports shall be furnished to the parent or student upon |
2526 | request. |
2527 | 2. Other school officials, including teachers within the |
2528 | educational institution or agency, who have legitimate |
2529 | educational interests in the information contained in the |
2530 | records. |
2531 | 3. The United States Secretary of Education, the Director |
2532 | of the National Institute of Education, the Assistant Secretary |
2533 | for Education, the Comptroller General of the United States, or |
2534 | state or local educational authorities who are authorized to |
2535 | receive such information subject to the conditions set forth in |
2536 | applicable federal statutes and regulations of the United States |
2537 | Department of Education, or in applicable state statutes and |
2538 | rules of the State Board of Education. |
2539 | 4. Other school officials, in connection with a student's |
2540 | application for or receipt of financial aid. |
2541 | 5. Individuals or organizations conducting studies for or |
2542 | on behalf of an institution or a board of education for the |
2543 | purpose of developing, validating, or administering predictive |
2544 | tests, administering student aid programs, or improving |
2545 | instruction, if the such studies are conducted in such a manner |
2546 | that does as will not permit the personal identification of |
2547 | students and their parents by persons other than representatives |
2548 | of such organizations and if the such information will be |
2549 | destroyed when no longer needed for the purpose of conducting |
2550 | such studies. |
2551 | 6. Accrediting organizations, in order to carry out their |
2552 | accrediting functions. |
2553 | 7. Early learning School readiness coalitions and the |
2554 | Agency for Workforce Innovation Florida Partnership for School |
2555 | Readiness in order to carry out their assigned duties. |
2556 | 8. For use as evidence in student expulsion hearings |
2557 | conducted by a district school board under pursuant to the |
2558 | provisions of chapter 120. |
2559 | 9. Appropriate parties in connection with an emergency, if |
2560 | knowledge of the information in the student's educational |
2561 | records is necessary to protect the health or safety of the |
2562 | student or other individuals. |
2563 | 10. The Auditor General and the Office of Program Policy |
2564 | Analysis and Government Accountability in connection with their |
2565 | official functions; however, except when the collection of |
2566 | personally identifiable information is specifically authorized |
2567 | by law, any data collected by the Auditor General and the Office |
2568 | of Program Policy Analysis and Government Accountability is |
2569 | confidential and exempt from the provisions of s. 119.07(1) and |
2570 | shall be protected in such a way that does as will not permit |
2571 | the personal identification of students and their parents by |
2572 | other than the Auditor General, the Office of Program Policy |
2573 | Analysis and Government Accountability, and their staff, and the |
2574 | such personally identifiable data shall be destroyed when no |
2575 | longer needed for the Auditor General's and the Office of |
2576 | Program Policy Analysis and Government Accountability's official |
2577 | use. |
2578 | 11.a. A court of competent jurisdiction in compliance with |
2579 | an order of that court or the attorney of record in accordance |
2580 | with pursuant to a lawfully issued subpoena, upon the condition |
2581 | that the student and the student's parent are notified of the |
2582 | order or subpoena in advance of compliance therewith by the |
2583 | educational institution or agency. |
2584 | b. A person or entity in accordance with pursuant to a |
2585 | court of competent jurisdiction in compliance with an order of |
2586 | that court or the attorney of record pursuant to a lawfully |
2587 | issued subpoena, upon the condition that the student, or his or |
2588 | her parent if the student is either a minor and not attending a |
2589 | postsecondary educational institution or a dependent of such |
2590 | parent as defined in 26 U.S.C. s. 152 (s. 152 of the Internal |
2591 | Revenue Code of 1954), is notified of the order or subpoena in |
2592 | advance of compliance therewith by the educational institution |
2593 | or agency. |
2594 | 12. Credit bureaus, in connection with an agreement for |
2595 | financial aid that the student has executed, if the provided |
2596 | that such information is may be disclosed only to the extent |
2597 | necessary to enforce the terms or conditions of the financial |
2598 | aid agreement. Credit bureaus shall not release any information |
2599 | obtained under pursuant to this paragraph to any person. |
2600 | 13. Parties to an interagency agreement among the |
2601 | Department of Juvenile Justice, school and law enforcement |
2602 | authorities, and other signatory agencies for the purpose of |
2603 | reducing juvenile crime and especially motor vehicle theft by |
2604 | promoting cooperation and collaboration, and the sharing of |
2605 | appropriate information in a joint effort to improve school |
2606 | safety, to reduce truancy and in-school and out-of-school |
2607 | suspensions, and to support alternatives to in-school and out- |
2608 | of-school suspensions and expulsions that provide structured and |
2609 | well-supervised educational programs supplemented by a |
2610 | coordinated overlay of other appropriate services designed to |
2611 | correct behaviors that lead to truancy, suspensions, and |
2612 | expulsions, and that support students in successfully completing |
2613 | their education. Information provided in furtherance of the such |
2614 | interagency agreements is intended solely for use in determining |
2615 | the appropriate programs and services for each juvenile or the |
2616 | juvenile's family, or for coordinating the delivery of the such |
2617 | programs and services, and as such is inadmissible in any court |
2618 | proceedings before prior to a dispositional hearing unless |
2619 | written consent is provided by a parent or other responsible |
2620 | adult on behalf of the juvenile. |
2621 | 14. Consistent with the Family Educational Rights and |
2622 | Privacy Act, the Department of Children and Family Services or a |
2623 | community-based care lead agency acting on behalf of the |
2624 | Department of Children and Family Services, as appropriate. |
2625 |
|
2626 | This paragraph does not prohibit any educational institution |
2627 | from publishing and releasing to the general public directory |
2628 | information relating to a student if the institution elects to |
2629 | do so. However, no educational institution shall release, to |
2630 | any individual, agency, or organization that is not listed in |
2631 | subparagraphs 1.-14., directory information relating to the |
2632 | student body in general or a portion thereof unless it is |
2633 | normally published for the purpose of release to the public in |
2634 | general. Any educational institution making directory |
2635 | information public shall give public notice of the categories of |
2636 | information that it has designated as directory information for |
2637 | with respect to all students attending the institution and shall |
2638 | allow a reasonable period of time after the such notice has been |
2639 | given for a parent or student to inform the institution in |
2640 | writing that any or all of the information designated should not |
2641 | be released. |
2642 | Section 14. Paragraph (c) of subsection (3) of section |
2643 | 1003.54, Florida Statutes, is amended to read: |
2644 | 1003.54 Teenage parent programs.-- |
2645 | (3) |
2646 | (c) Provision for necessary child care, health care, |
2647 | social services, parent education, and transportation shall be |
2648 | ancillary service components of teenage parent programs. |
2649 | Ancillary services may be provided through the coordination of |
2650 | existing programs and services and through joint agreements |
2651 | between district school boards and early learning local school |
2652 | readiness coalitions or other appropriate public and private |
2653 | providers. |
2654 | Section 15. Subsection (5) is added to section 1007.23, |
2655 | Florida Statutes, to read: |
2656 | 1007.23 Statewide articulation agreement.-- |
2657 | (5) The articulation agreement must guarantee the |
2658 | articulation of 9 credit hours toward a postsecondary degree in |
2659 | early childhood education for programs approved by the State |
2660 | Board of Education which: |
2661 | (a) Award a child development associate credential issued |
2662 | by the National Credentialing Program of the Council for |
2663 | Professional Recognition or award a credential approved under s. |
2664 | 1002.55(3)(c)1.b. or s. 402.305(3)(c) as being equivalent to the |
2665 | child development associate credential; and |
2666 | (b) Include training in emergent literacy which meets or |
2667 | exceeds the minimum standards for training courses for |
2668 | prekindergarten instructors of the Voluntary Prekindergarten |
2669 | Education Program in s. 1002.59. |
2670 | Section 16. (1) The Florida Partnership for School |
2671 | Readiness is abolished. All powers, duties, functions, rules, |
2672 | records, personnel, property, and unexpended balances of |
2673 | appropriations, allocations, and other funds of the Florida |
2674 | Partnership for School Readiness are transferred by a type two |
2675 | transfer, as defined in section 20.06(2), Florida Statutes, to |
2676 | the Agency for Workforce Innovation. |
2677 | (2) This act does not abolish the school readiness |
2678 | coalitions but redesignates the coalitions as early learning |
2679 | coalitions and, effective April 1, 2005, requires a reduction in |
2680 | the number of coalitions. All powers, duties, functions, rules, |
2681 | records, personnel, property, and unexpended balances of |
2682 | appropriations, allocations, and other funds of each school |
2683 | readiness coalition are not transferred but shall be retained by |
2684 | the early learning coalition upon its redesignation from a |
2685 | school readiness coalition to an early learning coalition. |
2686 | Section 17. Sections 411.012 and 1008.21, Florida |
2687 | Statutes, are repealed. |
2688 | Section 18. (1) The sums of $1,090,399 from recurring |
2689 | general revenue and $975,000 from nonrecurring general revenue |
2690 | are appropriated in lump sum to, and 17 additional positions are |
2691 | authorized for, the Department of Education for purposes of |
2692 | administering the Voluntary Prekindergarten Education Program |
2693 | during the 2004-2005 fiscal year. |
2694 | (2) The sums of $4,218,010 from recurring general revenue |
2695 | and $5,275,000 from nonrecurring general revenue are |
2696 | appropriated in lump sum to, and 20 additional positions are |
2697 | authorized for, the Agency for Workforce Innovation for purposes |
2698 | of administering the Voluntary Prekindergarten Education Program |
2699 | during the 2004-2005 fiscal year. From these nonrecurring funds, |
2700 | $100,000 is provided for the Agency for Workforce Innovation to |
2701 | evaluate the potential of using electronic technology to |
2702 | administer and maintain attendance information and provider |
2703 | payment processes for the program. The Agency for Workforce |
2704 | Innovation shall submit a report of its recommendations to the |
2705 | Governor, the President of the Senate, and the Speaker of the |
2706 | House of Representatives by September 1, 2006. The |
2707 | recommendations must include the recurring annual operating |
2708 | costs associated with the use of any electronic technology that |
2709 | is recommended in the report. |
2710 | (3) The sums of $80,193 from recurring general revenue and |
2711 | $140,037 from nonrecurring general revenue are appropriated in |
2712 | lump sum to, and 5.5 additional positions are authorized for, |
2713 | the Department of Children and Family Services for purposes of |
2714 | administering the Voluntary Prekindergarten Education Program |
2715 | during the 2004-2005 fiscal year. |
2716 | Section 19. Notwithstanding the provisions of section |
2717 | 216.177, Florida Statutes, which require a 14-day notice for |
2718 | interim budget actions, and pursuant to section 216.351, Florida |
2719 | Statutes, the Executive Office of the Governor shall provide |
2720 | notice of the allocation of the lump-sum appropriations |
2721 | authorized by this act into traditional appropriation categories |
2722 | to the chair and vice chair of the Legislative Budget Commission |
2723 | at least 3 working days before the effective date of the |
2724 | allocation. |
2725 | Section 20. This act shall take effect upon becoming a |
2726 | law. |